Court : Mumbai Aurangabad
..... , or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting. (2) no regulation made by the company in general meeting shall invalidate any prior act of the board which would have been valid if that regulation had not been made." 13. the provisions regarding constitution of ..... .f.c. has issued process for aforesaid offences. in both the cases, the complainant had not nominated accused no. 1 or any other person under section 17 (2) of the act as nominee. it is contended that accused no. 1 from each case was looking after the business of respective company and so, the petitioners directors cannot be ..... court for taking cognizance of the matter. the court cannot ignore provision of section 34(2) of the act. though under section 34 power is given to the court to subsequently add the manufacturer during trial, the accused have no right to say that they can be added subsequently after leading of the evidence when material .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to issue the maharashtra agricultural universities (krishi vidyapeeths) (first amendment) statutes, 2014 ?. as seen there-from, by introducing it, the respondent no. 2/state government amongst other things has been pleased to provide for revised qualifications for the academic posts, as distinguished from the qualifications mentioned in the ..... and requisite experience, seniority, confidential reports for relevant periods, social category/roaster point, etc. pertinently, documents secured under right to information act, which are placed on record, clearly establish said contention of petitioners. all petitioners had duly joined on the promotional posts and had started ..... and notification, observed that, the amendment should not be made retrospective as per section 38(6) of the maharashtra agricultural universities (krishi vidyapeeths) act, 1983. this has been informed to the agricultural universities in the state of maharashtra. the same has been approved by the deputy draftsman- .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 3. the main grievance of the petitioner association pertains to government resolution dated 5th may, 2009 by which discrimination is made by the respondent no.2 state of maharashtra while making the revision of pension/family pension as per the directions given in the office memorandum dated 15th december, 2009 ..... various representations. 21. it prima facie appears that, the state government did not abide by clause (6) of the government resolution issued by the finance department of government of maharashtra dated 15th november, 1999, which is placed on record at exhibit `a' colly by the petitioner. the said ..... petitioner that, the petitioner is association of college and university superannuated teachers (maharashtra), which is a registered organization under the maharashtra societies registration act, 1860 bearing its registration no. mah 853/2009. the association of college and university superannuated teachers, (maharashtra) (hereinafter referred to as association ? for the sake of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the relief of compensation of rs. ten lakh is claimed in respect of this so called illegal detention. another relief for issuing directions to take action against respondent no. 2 for illegal detention of petitioner is also claimed. it is claimed that the district superintendent of police also did not comply the order made by this court in ..... 1) when an executive magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in ..... a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. 111. order to be made.- when a magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under .....
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..... one person having beard face, one of the applicants, was having a knife in his hand and some were having sticks. in presence of kailas, nitin, accused no.2, gave blow of knife to vitthalsingh. then the remaining accused also assaulted vitthalsingh by using weapons. in the fir kailas mentioned that there were as many as five ..... specific blow to vitthalsingh. as against main accused sunil there are four more pieces of circumstances like (i) motive; (ii) recovery of weapon on the basis of statement given by him under section 27 of the evidence act; (iii) recovery of blood stained clothes from him; and, (iv) sunil was known to the witnesses and they ..... considered only if there has been change in circumstances. the aforesaid circumstance thus cannot become a new circumstance. if aforesaid procedure is not followed, there will be no end to such successive proceedings. 18. on merits the applicants are not entitled to bail and the applicants have failed to show that there has been such change .....
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..... per month as resource person in the year, 2008. the said order was for six months period and the same was renewed by giving one day's break. the respondent no.2 enhanced the remuneration from rs.4000/- to rs.10,000/- and further under the order dated 28th october, 2010, enhanced the same to rs.14000/- and thereafter, under ..... that the amount that was being paid to them was more than what they were entitled to. it would not be out of place to mention here that the finance department had, in its counter-affidavit, admitted that it was a bona fide mistake on their part. the excess payment made was the result of wrong interpretation of ..... of 19 years. the petitioners made representation to the respondents on 1st september, 2014 and made request not to act upon the government resolution dated 15th february, 1995 issued by the g.a.d., government of maharashtra, which had no concern with the appointments of the petitioner made under central scheme namely, sarva shiksha abhiyan. it was also stated .....
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..... force shall not be allowed to continue at a place more than four months on temporary transfer to any place without specific approval of respondent no.2. in the present case, the respondent no.2 did not follow this rule. 8. as per irem rules, any employee if posted beyond 8 kilo meters from the head quarter, in ..... entitled for travelling and contingent or conveyance allowance as claimed by the petitioner. it is further submitted that, the petitioner has sought information under right to information act regarding eligibility of travelling allowance for the employee away from the headquarters of an employee. it is for regular rpf duty post. in the case of petitioner ..... the said representation came to be replied by reply / letter dated 18.10.2010 by making some remarks. the petitioner, again, made a representation to the respondent no.2 on 17.12.2010 and also on 30.12.2011 for grant of travelling allowance, conveyance allowance and holiday encashment. however, the petitioner was informed that, he .....
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..... knowledge or reason to believe that the goods are smuggled goods, the sale-proceed thereof shall be liable to confiscation." 23. section 124 of the customs act shows that no order of confiscation or imposing penalty can be made unless the owner is given notice in writing of the proposed confiscation or imposition of penalty. the provision ..... shows that as provided under section 12 of the central excise act, central government has declared that provisions of sections 105 (1), 110, 115 (excluding ..... the customs act, 1962. 18. in view of the aforesaid record, provisions which can be used in such a case need to be considered first. learned counsel for the petitioner submitted that the department has produced copy of notification no.68/63-c.e. of the central excise as amended up to 2-9-1997. the notification .....
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..... he would urge that while petitioner was working with the respondent council, upon inspection it was noticed that the property register of house nos.1-8-113, 1-14-69, 2-14-98, 2-16-266 and 1-5-962 were manipulated by him without any authority, whereby area of the respective properties was tampered, resulting into ..... in the office of the respondent municipal council and as such has violated the provisions of section 79 of the maharashtra municipal councils, nagar panchayats and industrial township act, 1965. one more charge was levelled against the petitioner, that while posted as storekeeper, he had not carried out audit of the recoveries made under the ..... applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the government servant during his service. (3) no judicial proceedings, if not instituted while the government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect .....
Tag this Judgment!Court : Mumbai Aurangabad
..... nominated representatives of the petitioner- management on the inquiry committee. had the names of nominee or members of inquiry committee been communicated by this communication, the respondent no. 2 would have an opportunity to comment upon those names or object to the names or inclusion of any particular person. that was however, not done and, therefore, ..... of service as penalties. under rule 31, reduction in rank and termination of service are prescribed as major penalties. 8. section 4(6) of the act mandates that no employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he shall not be reduced in rank ..... of india as follows:. in the following paragraphs, the full bench (cited supra), held thus: 28. it is also clear from the preamble of the act that this act has been enacted to regulate the recruitment and conditions of service of the employees, to provide such employees security and stability of service, to enable them to .....
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