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Deorao S/O Ganpatrao Umredkar Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2007(5)ALLMR757; 2007(5)BomCR629; 2008(1)MhLj364

..... 22 and then to proceed to analyse the facts of the case and thereafter to answer the questions peculiar to the case at hand, in the light of what this court has narrated above, for which no further and detailed reasoning is required since what this court has done is extraction of substratum from the provisions of rules. ..... 904 and 907 both of 2007 already held that in the light of burden of proof, the report of vigilance cell simply serves the purpose of an exploratory report. ..... (i) in view that the examination in chief has not been recorded there is no question of cross-examination particularly in the light of the foregoing discussion. ..... in the light of this discussion, it would be convenient first in order to answer seven general questions formulated in para no. .....

Jaimala Jageshwar Barapatre Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2008(3)BomCR357; 2008(1)MhLj428

a.h. joshi, j.1. as the pleadings are complete, by consent of parties, petition is taken up for final disposal. hence, rule. rule is made returnable forthwith, and heard finally.2. petitioner herein claimed to be belonging to halba - scheduled tribe. she had applied for, and was issued the certificate dated 31st march, 1993, certifying her to be belonging to halba - scheduled tribe. based on this certificate, petitioner contested the election as a corporator in the general elections to nagpur municipal corporation, and has been elected. the petitioner's tribe claim was subjected to scrutiny. petitioner's tribe claim has been scrutinized, and is invalidated by order dated 13th june, 2007. petitioner has challenged said order of invalidation by this petition.3. petitioner has also challenged the constitutional validity of maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (for brevity, hereinafter referred to as 'act no. 23 of 2001'), and rules framed thereunder.4. it would be convenient to deal with one after other challenges in sequence hereinafter.constitutional validitythe challenge to the constitutional validity of the 'act no. 23 of 2001', as urged by the petitioner, can be summarized as follows:(a) the subject of legislation - 'act no. 23 of 2001', is not covered by any of the entries contained in .....

Jaydeo S/O Mahadeo Parate Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(2)MhLj497

b.r. gavai, j.1. petitioner has filed civil application no. 6661 of 2005 for taking his undertaking on record to the effect that he does not wish to claim any benefit of belonging to scheduled tribe in future and for a direction that, since he was appointed on 18-6-1997, his appointment be protected and he be reinstated in service. however, taking into consideration the controversy involved in the present petition, we have taken up the present petition for final hearing.2. that the petitioner claimed to be belonging to the tribe 'halba', which is notified as a scheduled tribe. the petitioner came to be appointed as a junior clerk on temporary basis vide order dated june 18, 1997 by the respondent no. 3. appointment of the petitioner was against a post reserved for the scheduled tribe candidate. vide another order dated september 5, 2001, the respondent no. 3 held that the petitioner was entitled to be confirmed in service as a junior clerk.3. since appointment of the petitioner was against a post reserved for scheduled tribe, the claim of the petitioner, which was based on the basis of the caste certificate issued to the petitioner by the executive magistrate, arjuni morgaon, dated 22-8-1988, came to be referred by his employer to the respondent no. 2. the scheduled tribe caste scrutiny committee (hereinafter referred to as 'the committee'). the respondent no. 2-committee came to the conclusion that the petitioner did not belong to the tribe 'halba', but he belongs to caste ' .....

S.C. Chandwani Vs. Union of India (Uoi) Through the Secretary, Ministr ...

Court : Mumbai

Reported in : (2004)106BOMLR647

..... totality of circumstances including the charges with which the petitioner was charged with, we think fit, that the order dated 3.2.1996 stands modified and instead of half average pay, the petitioner would be entitled to 85% of the average pay and in addition, dearness allowance if available on basis of such leave salary ..... the petitioner cannot be treated differently from shri harale who has been ordered to be paid full allowances whereas the petitioner has been ordered to be paid -only half wages and allowances.in answer to that, on behalf of the respondent, their learned counsel draws our attention to the affidavit filed by s.t. ..... the first period, a government servant is entitled to draw subsistence allowance at a rate equal to the leave salary which the government would be entitled to if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary. ..... petitioner has been treated to be 'on duty', it has been ordered that he would be entitled to an amount equal to the leave salary if he had been on leave and half the average pay and in addition, the dearness allowance if available, based on such leave salary. ..... amount of pay and allowances for the period of his absence from 23.2.1985 to 14.10.1993 should not be restricted to an amount equal to the leave salary which he would have drawn if he had been on leave on half average pay and in addition, dearness allowance if available on basis of such leave salary. .....

Grasim Industries Itd Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Reported in : (1999)64TTJ(Mumbai)357

..... but above findings have no supporting evidence and, therefore, in the light of opinion of experts and events and statements of 15th april, 1993 unchallenged consumption of raw material and other documentary evidence referred to above, we hold that the assessee did produce sponge iron of the quantity mentioned by ..... (b), (c) and (d) thereof and they should be considered in the light of the andhra pradesh high court's decision supra. ..... cit (supra) was no more a good law in the light of the decision of the hon'ble supreme court in the case of east india pharmaceutical works vs. ..... we accordingly set aside the same and direct the ao to allow the depreciation to the assessee in the light of the earlier decision of the tribunal.36. ..... in the light of these, the statement given becomes false.ans. q. no. ..... i am showing you an agreement of vikram ispat with davy power gas at 1989 which clearly indicate that dpgi was responsible till the completion of mechanical commissioning of the plant in the light of this. ..... in the light of the above discussion, we hold that apportionment of rs. .....

Usman Gani Yakubali Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003BomCR(Cri)375; 2003CriLJ1884

..... after going through the grounds of detention it was evident that the propensity and potentiality of the detenu was such that it could not have been frustrated by a mere delay of seven and half months in the issuance of the detention order. .....

Bharat Biotech International Ltd. Vs. Directorate of Medical, Educatio ...

Court : Mumbai

:1. rule, by consent returnable forthwith. with the consent of counsel and at their request the petition is taken up for hearing and final disposal.2. the directorate of medical education and research of the government of maharashtra invited bids in september 2009 for a rate contract for the supply inter alia of anti rabies vaccine (arv) to all state run hospitals for the period from 2010 to 2012. five bidders submitted offers including amongst them the petitioner and the second to fifth respondents. the government of maharashtra has issued a resolution on 27 march 2000 to streamline and regulate the purchase of drugs and medicines by government following upon the recommendations of the lentin committee. the resolution requires invitations to tender to be processed on the basis of a two bid cover system. the first envelop is to contain documents certifying the eligibility of the bidder while the second envelop is to contain the commercial bid. the commercial bids of only those bidders who are found to be technically qualified are liable to be opened. negotiations are conducted with acceptable tenderers meaning thereby those bidders who are found to be technically qualified.3. in the present case, the first envelop containing the technical bids was opened on 15 july 2010. on 17 august 2010 the tender approval committee (tac) met at a meeting at which seven of its members including the director medical education and research, joint secretary, deputy director, the director esis .....

Shabbirbhai Bookwala Vs. the State of Maharashtra and ors.

Court : Mumbai

..... the detenu was a frequent traveller between hongkong and mumbai and had made 20 trips during the last one and half year. .....

Chintan Upadhyay Vs. Hema Upadhyay and Another

Court : Mumbai

..... the word advertising is defined in section 2(a) and that is inclusive definition, which reads as under:- 2(a) advertisement includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas 25] it includes any notice, circular, label, wrapper or other documents and any visible representation. ..... the other painting depicted a half naked woman with two dogs in the picture and something going from a dog towards the woman. ..... . in light of the position summarized above, we can examine the present case with two considerations in mind, namely whether the allegations made against the appellant support a prima facie case for the offences mentioned in the .....

Arvind Bakelal Verma Vs. State of Maharashtra

Court : Mumbai

..... in the light of the rival submissions, the only point which arises for my consideration and determination is whether the conviction and sentence of the appellant/original accused no.1 for the offences punishable under sections 489-a and 489-d of .....