Court : Mumbai Nagpur
..... it is submitted that though the commissioner of fisheries may not be able to examine the challenges raised by the respondent no.6-society by exercising his powers under section 152 or 154 of the act of 1960, the commissioner of fisheries can examine the grievance made by the respondent no.6-society and the appeal filed by the respondent no.6-society under section 152 of the act of 1960 can be considered as a complaint. ..... after considering the submissions made by the learned advocates for the respective parties, i find that the commissioner of fisheries could not have exercised the powers under section 152 of the act of 1960 to consider the challenges as raised by the respondent no. ..... the commissioner of fisheries could not have exercised the jurisdiction under section 154 of the act of 1960 to examine the legality and validity of the decision of the tank allotment committee granting fishing rights to the petitioner-society. ..... it is submitted that section 154(1) of the act of 1960 enables the state government or the registrar to examine the legality and validity of the decision or order passed by any subordinate officer and in the present case, there is neither any decision or order as contemplated by the provisions of section 154(1) of the act of 1960, nor the decision of allotment can be said to be a decision by the officer/officers subordinate to the commissioner of fisheries. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and circumstances of the case, the tribunal was justified in coming to the conclusion that the order of assessment was governed by sub section (5) of section 33 of the act and not by sub section (3) of section 33 of the act inspite of the fact that the sales tax officer had assessed the dealer under sub section (3) of section 33 of the act and, therefore, explanation (1) to section 36(2)(c) could not have been invoked for levy of penalty under the said section 36(2)(c)? ..... in statement of case forwarded to this court, amount of penalty imposed under explanation ii of section 36(2)(c) of the said act is mentioned as rs.880/while in the order of sales tax officer dated 5.8.1980 that amount is mentioned as rs.88/-. ..... uike submits that it expressly refers to section 33(3) of the said act and also points out the actual figures of sales and purchases from books of ..... is found that the said payment is not 80% of the tax worked out and, therefore, presumption under explanation i of section 36(2)(c) of the said act has been invoked after following due procedure. ..... according to him, section 33(3) of the said act proceeds on the basis of information furnished in the return while section 33(5) of the said act can be invoked in cases where return is not filed within prescribed ..... provisions of explanations i and ii of section 36(2)(c) of the said act are no doubt mutually exclusive, but then that does mean that the provisions of sections 33(3) and 33(5) of the said act are also mutually exclusive. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of agriculture produce within the market in the market area; (vi) regulate and supervise the auctions of notified agricultural produce in accordance with the provisions and procedure laid down under the rules made under this act or the bye-laws of the market committee; (vii) regulate the making, carrying out and enforcement or cancellation of sales, weighment, delivery, payment to be made in respect thereof and all other matters ..... not disputed before this court that if the establishment of the petitioner-market committee is covered by the said definition, then the provisions of the employment (standing orders) act and the model standing orders framed thereunder will be applicable and the respondent-complainant will be entitled to subsistence allowance as per the provisions of clause 25(5-a) of the ..... in the complaint filed under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 invoking item 9 of schedule iv of the said act, it was alleged that the provisions of the industrial employment (standing orders) act, 1946 [for short, "the employment (standing orders) act"] were applicable to the establishment of the petitioner-market committee and as per the provisions of clause 25(5-a) of the model standing orders framed ..... under section 2(1)(a) of the apmc act to mean all produce (whether processed or not) of agriculture, horticulture, animal husbandry, apiculture, pisciculture, fisheries and forest specified in the schedule. .....
Tag this Judgment!Court : Mumbai Nagpur
..... any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to [confiscation or forfeiture] under this act or any other law for the time being in force relating to excise revenue [and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under ..... this act;] (b) detain and search any person whom he has reason to believe to be guilty of any offence against this act or any other law for the time being in force relating to excise revenue and if such person has any intoxicant, hemp, mhowra flowers ..... section 130: arrested persons and things seized to be sent to officer-in-charge of police station every person arrested and thing seized by a prohibition officer under this act, shall be sent to the officer-in-charge of the nearest police station '[or to any other officer duly empowered under section 129 if the 2[commissioner] in any ..... (1) the [state] government may sanction the acceptance from any person whose license permit, pass or authorization is liable to be canceled or, suspended under the provisions of this act or who is reasonably suspected of having committed an offence under section 10[69, 70, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which .....
Tag this Judgment!Court : Mumbai Nagpur
..... committee by taking into account the relative strength of the petitioner no.1mahanagar sudhar samiti, akola and the other aghadis or groups per section 31a(2) of the maharashtra municipal corporations act and considering the communication issued by the municipal secretary, akola municipal corporation, akola to the respondent no.1the mayor on 21.03.2013 (annexure-viii, page84 of the paper book of ..... mahanagar sudhar samiti, akola cannot be considered as an aghadi as its registration is rejected by the divisional commissioner, cannot be accepted for another reason that the provisions of the act of 1986 and the disqualification rules, 1987 does not give the supervisory powers to the divisional commissioner and the divisional commissioner cannot have any say in the matter of formation ..... provided further that, for the purpose of deciding the relative strength of the recognized parties or registered parties or groups under this act, the recognized parties or registered parties or groups, or elected councillors not belonging to any such party or group may, notwithstanding anything contained in the maharashtra local authority ..... the submission on behalf of the respondent no.1 the mayor that the aghadi or the front as contemplated under section 2(a) of the maharashtra local authority members' disqualification act, 1986 can be said to be in existence if it is registered by the divisional commissioner and in the present case, the divisional commissioner having rejected the proposal .....
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..... the constitution of india, petitioner no.1 a public trust and petitioner no.2 college run by it, challenge the order dated 25.10.2012, cancelling permanently the recognition granted to the petitioner no.2 college under the provisions of maharashtra animal and fishery sciences university act, 1998 (hereinafter referred to as the 1998 act for short), by taking recourse to its section 38 and 2006 rules framed thereunder. ..... we direct the respondent no.1 university to initiate and hold appropriate enquiry into the matter in accordance with the provisions of section 38 of the 1998 act, and thereafter to decide whether the petitioners are at fault or not and if answer to this is yes, proceed to decide whether the recognition of petitioners should be or should not be permanently withdrawn ..... this background, has invited our attention to procedure prescribed in section 38 of the 1998 act to urge that the motion for de-recognition was never initiated or then processed as contemplated ..... learned senior counsel submits that after receipt of this adverse order, petitioners submitted an application under right to information act, and were then supplied a copy of enquiry report. ..... not aware of the enquiry report of said committee and they have received it only under right to information act, that too after the impugned order. ..... is, as per recommendation of the enquiry committee, permanent de-recognition of petitioner institution, as per section 38 of the 1998 act read with rule 5 of the 2006 rules. .....
Tag this Judgment!Court : Mumbai Nagpur
..... submitted that the appellant-accused had succeeded to establish his defence upon preponderance of probabilities so as to rebut the presumption under section 20 of the act, and furthermore, sanction, which was granted to prosecute the accused, was without any application of mind. ..... is the case of the prosecution that when complainant went to fishery office at wardha on 25/11/1998, he met accountant namely; ..... , whereby the accused was convicted of offence punishable under section 7 and 13(1)(d) read with section 13(2) of the prevention of corruption act and the accused was sentenced to suffer rigorous imprisonment for three years and to pay a fine of rs. ..... the grant of sanction is not an idle formality or an acrimonious exercise but a solemn and sacrosanct act which affords protection to government servant against frivolous prosecutions and must therefore be strictly complied with before any prosecution can be launched against the ..... on 29/1/1999, when complainant visited the fishery office at wardha, accused was not there ..... it cannot be overlooked that the grant of sanction is a solemn and sacrosanct act which affords protection to government servants against frivolous prosecutions and, therefore, the procedure need to be strictly complied with before any prosecution can be launched against the ..... time, the accused (appellant) was district fishery officer at wardha. ..... letter and documents were scrutinized by home department and then it was sent to pw.3 as secretary of fisheries department. .....
Tag this Judgment!Court : Mumbai Nagpur
..... order passed by the learned single judge of this court, by which the learned single judge has dismissed the writ petition, which was, in turn, filed challenging the order of the deputy registrar, cooperative societies (fisheries) thereby dismissing the appeal on the ground that it was not accompanied by an application for condonation of delay. 5. ..... the matter is remitted back to the deputy registrar (fisheries), who is directed to give an opportunity of filing an application for condonation of delay to the present appellant and decide the said application, if filed, before he enters into the merits of the matter. ..... in the present case, it is an admitted fact that the appellate authority has not acted as required by the provisions of rule 106(5) and (6) of the rules. 7. ..... authority shall, as soon as possible, examine it and satisfy itself that:- i) the person presenting it has the authority to do so; ii) that it is made within the prescribed time limit; and iii) that it conforms to all the provisions of the act and these rules. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the earlier order dated 7-5-2008 could be executed under provisions of section 634a of the said act would not mean that the earlier adjudication had to be altogether ignored when it is the case of the respondents that despite earlier orders, the deadlock in the management of the affairs of the company continued. ..... the proposition of law as laid down in siemens engineering and manufacturing company limited (supra), mohindersingh gill (supra) and oryx fisheries (supra) can hardly admit of any doubt. ..... hence, considering the true purport of sections 397, 398 and 402 of the said act, it cannot be said that the learned member of the board fell into error in passing the impugned order. 12. ..... the learned member of the board has rightly applied the settled legal position as regards the powers under sections 397 and 398 of the said act to the facts arising before it and has proceeded to issue necessary directions. ..... held that the position is clear that while acting under section 398 read with section 402 of the companies act the court has ample jurisdiction and very wide powers to pass such orders and give such directions as it thinks fit to achieve the object and there would be no limitation or restriction on such power that the same should be exercised subject to the other provisions of the act dealing with normal corporate management or that ..... the chief election commissioner, new delhi and others air 1978 supreme court 851 and oryx fisheries private ltd. vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondents have terminated the service of the petitioner under the provisions of the maharashtra fisheries development corporation (mfdc) service regulations by offering one month's pay in lieu of notice. ..... the requirements of natural justice must depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter to be dealt with, and so forth. ..... in any case the petitioner, at any point of time, did not questioned the advertisement on the contrary acted on the advertisement. .....
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