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
..... 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
..... 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
..... 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
..... 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 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
..... 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
..... 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
..... 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). .....
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