Court : Mumbai Nagpur
..... the respondent jitendra, in that case, was working in the department of animal husbandry and fisheries and was allegedly involved in serious financial irregularities and there were two cases registered against him under various sections of the indian penal code as well as the prevention of corruption act during the year 1990-1991, 1991-1992 when he was posted as artificial insemination officer at ..... the expression grave misconduct includes the communication or disclosure of any secret official code or password or any sketch, plan, model, articles, note, document or information, such as is mentioned in section 5 of the official secrets act, 1923 (19 of 1923) which was obtained while holding office in the bank so as to prejudicially affect the interests of the general public or the security of the state. ..... counsel for the petitioner has placed reliance on regulation no.43 in order to submit that unless and until the pensioner is convicted of a serious crime or criminal breach of trust or forgery or acting fraudulently or is found guilty of grave misconduct, the pension could not have been withheld. ..... it is submitted that the whole misconduct alleged against the petitioner is in the nature of a fraudulent act and in such a case the cause of action would be from the date on which the fraud is discovered ..... others was decided in the year 1983, the constitution was amended by the 44th amendment act thereby introducing article 300a in the constitution, in the place of article 19(1)(f). .....
Tag this Judgment!Court : Mumbai Nagpur
..... the chief minister to district collector, buldhana were ex facie ultra vires the provisions of the act which do not envisage any role of the chief minister in cases involving violation of the provisions of the act and amounted to an unwanted interference with the functioning of the authorities entrusted with the task of enforcing the act enacted for regulating, controlling transactions of money lending and protecting unsuspecting borrowers against oppression and harassment ..... 2009 for protecting the farmers against unscrupulous money lenders and not for protecting the wrong doers, but in total disregard of the scheme of the act, the minister gave instructions which had the effect of frustrating the object of the legislation enacted for protection of the farmers. ..... has held that as per section 38 of the specific relief act, an injunction can be granted to prevent the breach of ..... dealing with the right of privacy of citizens of the country under article 21 of the constitution of india and the parameters of the right of the press under article 19(1)(a) therein to criticize and comment on the acts and conduct of public officials. ..... money lenders were harassing him and other farmers and also to stall the action likely to be initiated by the concerned police authorities under the bombay money lenders act, 1946. ..... burden of proof to establish that the case falls under any of the exceptions below section 499 of the indian penal code is upon the person, who commits an alleged act of defamation. 12. .....
Tag this Judgment!Court : Mumbai Nagpur
..... sardar labh singh reported in air 1977 patna 241 wherein it is observed with reference to section 47 of the evidence act that the creditor who himself had seen the debtor writing the disputed signatures on the credit memos was held a person who was acquainted with the hand- writing and it may be proved without ..... however, i am of the view that section 73 of the evidence act enables the court to compare the disputed signature with the other admitted or proved signatures. ..... explanation to section 47 of the evidence act reads that a person is said to be acquainted with the handwriting of another person when he has seen that person write or when he has received documents purporting to be written by that person in answer to documents written by himself or under his .....
Tag this Judgment!Court : Mumbai Nagpur
..... received by technology provider over the period of seven years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has decided the maximum sale price ..... 2005.the said committee came to a conclusion that all unnecessary and redundant restrictions which distort and impede operation of market forces should be removed and based thereon, recommended deletion of cotton seed from the act, while retaining the power with the central government to add, remove or modify any essential commodity in the schedule to the essential commodity in the public interest.july 2006 :clause 8-a was introduced under ..... ...even if (the statutory order) is passed in good faith and with the best of intention to further the purpose of the legislation which confers the power, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are no grounds all for passing it or if the ..... ); and of all other powers enabling it in that behalf, and in supersession of the government notification, agriculture, animal husbandry, dairy development and fisheries department, no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a specific plea in paragraph 10 of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... 'ble apex court has noted that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost complete. ..... while considering the aspect of deletion of reservation, hon'ble apex court holds that under sub-section (1) of section 50 of the mrtp act, the appropriate authority defined u/s 2(3) has to be satisfied that the land is not required for the public purpose for which it is reserved, "appropriate authority" is a public authority on whose behalf the land is designed for a public ..... ultimately, since the direction was given by the state government, hon'ble court notes that it was necessary for it to act under section 37 (1aa), and to publish a notice in the official gazette to invite objections and suggestions from the public at large, and also from the persons affected by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned senior counsel submitted that when section 10 of the seeds act specifically mandates certain factors to be taken into consideration and if the state fails to take the same into consideration, the impugned notification will have to be held bad in law ..... the learned senior counsel submitted that section 10 of the seeds act mandates the costs of production including trait values to be taken into consideration while determining the msp ..... instead of increasing the price, has reduced it by rs.100/-; (ii) while reducing the price and issuing the notification, the mandate of section 10 of the maharashtra cotton seeds (regulation of supply, distribution, sale and fixation of sale price) act, 2009 (for short "the seeds act") has been totally ignored by the state government. ..... at the cost of repetition, as mandated by section 10 of the seeds act, three inputs regarding the costs of production were very much available with the state government and the state government in its wisdom has chosen to rely on one of them. ..... that view of the matter, the contention that the prices which are determined, are determined without taking into consideration the factors as required to be taken into consideration under section 10 of the seeds act is concerned, in our view would not be sustainable. 26. ..... petitioner no.1 is the association duly registered under the societies registration act, 1860 comprising of 40 seed companies as its members. ..... the extent of the duty to act fairly will vary from case to .....
Tag this Judgment!Court : Mumbai Nagpur
..... ajit kumar barat, reported at (2000) 3 scc 93, the hon'ble apex court has in para 5 held that an order issued under order 10 of industrial disputes act, is an administrative order and the appropriate government is entitled to go into the question whether an industrial dispute exists or apprehended, after its subjective satisfaction in this respect on the material on record, ..... their workmen, (supra) while considering the scope and ambit of dispute of a reference order under section 10(1)(d) of industrial disputes act, has found that the tribunal has to look to the pleadings of parties to find out exact nature of dispute because in most of the cases, the order of reference is so cryptic that it is impossible to ..... that clause 33 of settlement cannot operate as bar to demand for minimum wages, he points out that section 25 of the minimum wages act, prohibits contracting out and he also relies on the provisions of section 23 of the contract act to urge that such settlement will otherwise be opposed to law and public policy and, therefore, void. 13. ..... or demand having financial implication, still the petitioner has paid bonus in accordance with the provisions of payment of bonus act,1965 and he, therefore, submits that when it is question of compliance with statutory provisions, clause 33 is not applicable ..... that in present matter, this court is not concerned with section 2 (h) of the minimum wages act which defines "wages", but the provisions of sections 3 and 4 (1) need to be given more .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering the case against the respondent-accused for offence punishable under section 138 of the negotiable instruments act for dishonour of cheques given in the year 2007, the following order would meet the ends of ..... the present respondent-accused was acquitted of the offence punishable under section 138 of the negotiable instruments act, vide order dated 14/1/2008 passed by the judicial magistrate first class, maregon in summary criminal case no. ..... the ratio of the first authority mentioned above, it is submitted that when the cheque is issued by way of security then the action under section 138 of the negotiable instruments act shall not lie even on bouncing of said cheque. ..... dealt with by the concerned court and after recording the evidence of sole witness pw 1 complainant, came to the conclusion of non-establishing of the offence punishable under section 138 of the negotiable instruments act and thus, acquitted the respondent-accused. ..... lodged complaint for the offence punishable under section 138 of the negotiable instruments act against the accused. ..... existing debt or liability when the cheques were issued and hence it was further held that the case does not fall within four corners of section 138 of the negotiable instruments act. ..... -examination of the appellant-complainant, it is submitted on behalf of the appellant that even such acceptance as to receiving of cheques as security of repayment, must attract the penal provisions of section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... counsel further submits that in any case, the main offence as alleged against the applicant is of section 3 of the mpid act, for which maximum punishment is of six years of imprisonment, out of which, the applicant has already spent time of about ..... that this has become all the more necessary, as the competent authority appointed under the provisions of the mpid act is not taking prompt steps in selling the attached properties and distributing the proceeds thereof amongst the depositors and ..... these applicants would have no objection, if temporary bail is granted to the applicant as ultimately the purpose of the mpid act is to enable the depositors getting back their deposits and the applicant deserves to be given a chance to prove his bona ..... is evident from the fact that the prosecution has filed an application under section 5(3) and 7 of the mpid act seeking confirmation of the order of attachment and further directions of the court as late as on 3rd february, ..... about the contention that the main offence is only under section 3 of the mpid act for which the maximum punishment is of six years of imprisonment and the applicant is in jail for almost 2 years, i find that this is not the only offence in which prima facie ..... and this company has been in the business of advising and counselling the investors so as to enable them to manage and operate their investment portfolios by opening dmat accounts for them and acting as a vital link between them and the main investment company viz. .....
Tag this Judgment!Court : Mumbai Nagpur
..... times for determining the applicability of those provisions of the general clauses act, 1897, (the interpretation act, 1889 of uk, now the interpretation act, 1978) which apply only in case of repeals. ..... section 16 stated that the state government may by notification in the official gazette, make rules for carrying out the purposes of this act and section 16(2)(a) says that the state government may by the official gazette prescribe minimum qualification for recruitment of employees of private schools (including its procedure); (b) ..... noticed that under the maharashtra employees of private schools (conditions of service) regulation act, 1977, as per section 3(1) the provisions of the act apply to all private schools, whether receiving any grant-in-aid from the state government ..... that hon'ble court also directed respondent no.3 state of himachal pradesh to consider making rules under section 23 read with section 38(2)(l) of the 2009 act prescribing the salary and allowances of teachers keeping in mind article 39(d) of the constitution as early as possible. p.a. ..... 3 should therefore consider making rules under section 23 read with section 38(2)(l) of the 2009 act prescribing the salary and allowances of teachers keeping in mind article 39(d) of the constitution ..... 3 in this appeal, is thus empowered to make rules under sub-section (3) of section 23 read with section 38(2)(l) of the 2009 act prescribing the salary and allowances payable to, and the terms and conditions of service of, teachers. .....
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