Court : Mumbai Nagpur
..... number in the relative strength, till all the seats are allotted: 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 members disqualification ..... rules or bye-laws made thereunder, in the case of the following committees, except where it is provided by this act, that the appointment of a councillor to any committee shall be by virtue of his holding any office, appointment of councillors to these committees, whether in regular or casual vacancies, shall be made by the corporation by nominating councillors in accordance with the ..... ), within a period of one month from the date of notification of election results, from the aghadi or front and, on its registration, the provisions of the said act shall apply to the members of such aghadi or front, as if it is a registered prepoll aghadi or front. ..... in this background, when the scheme of first proviso to section 31a(2) of the act, 1949 is looked into, it is apparent that, the seats available on standing committee must be given first in full number as appearing in their ..... he further points out that rajesh wasudeorao kale could not have acted as group leader of respondent no.7 aghadi as said person had earlier admitted to have formed a front or aghadi with .....
Tag this Judgment!Court : Mumbai Nagpur
..... , the recognised parties or registered parties or groups, or elected councillor not belonging to any such party or group may, notwithstanding anything contained in the maharashtra local authority members' disqualification act,1986, within a period of not more than one month from the date of notification of election results, form the aghadi or front and, on its registration, the provisions of the said ..... issued for convening of special meeting itself was not in accordance with the provisions of section 63(2)(b) and section 65 of the act 1965 and for this reason also, the respondent no.1 rightly found fault in the manner in which the special meeting was ..... section 318 is about authority to examine the legality, correctness or propriety or otherwise of any order passed by the collector or any officer nominated by him to take decision under the provisions of the act, 1965 and would not include the power to reappreciate facts so as to substitute one view for another, just because it is possible. ..... is also the submission of learned counsel for the petitioners that a specific remedy under section 318 of the act, 1965 was available to the respondent no.4 and since it was not resorted to, the impugned order cannot be ..... the ground of illegality in determination of relative strength and the proportion in which the nominees were to be made was not taken in the appeal filed under section 65(4b) of the act, 1965 and, therefore, the petitioners did not have any opportunity to meet the said challenge. .....
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
..... section 59 empowers the tribunal to test the validity of an order of termination on the anvil of the provisions of the industrial disputes act, 1947 where, as in the present case, the non teaching employee was a workman within the meaning of section 2(s). ..... 1 and 2 is not that they have complied with the provisions of section 25-f of the id act by giving notice and retrenchment compensation nor it is their case that they had published seniority list as required and that there was no violation of section 25-g of the id act in the context of the clear averment in the memo of appeal in paragraph 2 that the juniors ..... argued that the tribunal has dealt with the aspect about compliance of provisions of id act and various judgments of the apex court and the petitioner failed to prove the grounds ..... the petitioner was entitled to canvass his grievance about violation of mandatory provisions of the id act namely section 25-f and 25-g and rule 81 of the industrial disputes (bombay) rules, 1957 since there was a breach of statutory ..... the employer also did not comply with the mandatory provisions of section 25-f of the id act and due to violation of statutory provisions of parliamentary law, it was deemed that the petitioner was ..... 1 and 2 did not comply with the mandatory provisions of section 25-f and 25-g of the id act and then claimed reinstatement on that count in the light of the position in the case of bangalore water supply, 1978 air 548, i do not think this court should dilate and on the .....
Tag this Judgment!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
..... it was for offence punishable under sections 13(2) read with sections 13(1)(c), 13(1)(b) of the prevention of corruption act, 1988 and also for offences punishable under sections 120b, 420, 467, 468, 471, 168 and 201 of the indian penal code. .....
Tag this Judgment!Court : Mumbai Nagpur
..... . chandra kumar (cited supra) the division bench holds that when the apex court, even in spite of specific provision in a statute under section 28 of the administrative tribunals act, excluding judicial review, holds that the power of judicial review could not be taken away, there was no question of by any implication the powers of judicial review in the matters ..... . to a pertinent query to shri mandlekar, learned counsel for the intervenor, as to whether there is some provision in the national green tribunal act or the rules framed therein, analogous to the powers of hon'ble chief justice which permits the matter from any of the benches to be transferred to the principal seat or from any of ..... was further observed that after the permission was granted by the ministry of environment under section 2 of the forest conservation act, 1980, there should be no impediment with nhai to proceed further with the project of four-laning of the stretch ..... sub-clause (d) of clause (2) of article 323a specifically enables the parliament to legislate a law for establishment of administrative tribunal act and also provides for exclusion of jurisdiction of all the courts except jurisdiction of supreme court under article 136 with respect to disputes as referred to ..... the permission is granted by the government of india, ministry of environment under section 2 of the forest conservation act, 1980 there should be no impediment with nhai to proceed further with the project of four-laning of the stretch .....
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 .....
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