Court : Mumbai Nagpur
Decided on : Dec-20-2014
..... our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. by constitution of india forty second amendment act, 1976, effected on 03.01.1977, the words unity and integrity of the nation were inserted. the original word in the preamble fraternity means the the ..... will be relevant to cite the explanation given by dr. ambedkar for the word 'fraternity' explaining that 'fraternity means a sense of common brotherhood of all indians'. in a country like ours with so many disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and reemphasize that the unity and integrity ..... the constitutional provisions under section 51-a and the explanation given by dr. ambedkar for the word 'fraternity' means a sense of common brotherhood of all indians, we are of the firm opinion that the petitioners in these writ petitions are bound by the aforesaid constitutional obligation and mandate. it is the fundamental .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-01-2014
..... sentence. 16. mr. khandalkar has submitted that keeping in view the object of insertion of chapter xvii to the n.i. act by the amending act i.e. banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), s.4 (w.e.f. 1.4.1989) stringent punishment must be awarded to the respondent. ..... the learned magistrate, he further submits, ought to have held that the appellant proved the service of notice with the aid of section 114 of the indian evidence act, 1872 especially when there was no evidence brought on record by the respondent showing that at that time the respondent was not residing at navargaon. in support ..... claimed . all these facts and circumstances together exhibit common course of natural events and human conduct giving rise to a presumption under section 114 of the indian evidence act, 1872 that the conduct of the respondent pointed towards nothing but receipt of notice by him. this presumption has not been rebutted by the respondent by .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-09-2014
..... remanded so that accurate map/plan is brought on record of the case, on the basis of which the court may draw presumption in view of section 83 of the indian evidence act, 1872. thus, if map/plan drawn by a competent official such as the taluka inspector of land records or the district inspector of land records or the competent surveyor ..... appeal by setting aside the impugned judgments and orders passed by the first appellate court and the trial court with further direction to the trial court to allow opportunity of amending the plaint to the plaintiff so as to comply with order vii rule 3 of the code of civil procedure and to allow the parties to lead further evidence as .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-16-2014
..... encroachments. by the amendment, appellate power was conferred on the commissioner in place of standing committee of zilla parishad for obvious reasons. ..... so, in my opinion, sub-section (2) of section 53 of the said act gives a power and duty to the applicant village panchayat to remove the encroachment. in fact, proviso to sub-section 2 of section 53 was added by amending act no.38 of 2006 to provide for compulsion on the village panchayat to remove the ..... osmania university and others 3) 1986 mh.l.j. 618: gram panchayat kuhi vs. vijaykumar bhalotiya 4) 2010 (3) mh.l.j. 196: city of nagpur corporation vs. indian gymkhana 5) 2013 (5) all mr 190 : the commissioner akola vs. bhalchandra mahashabde 6. per contra, mr. avinash gharote, learned counsel for the non-applicants vehemently opposed the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : May-08-2014
..... of which the honble supreme court has held that 4. on going through the changes, quoted above, made to s.147 of the act, we find that, prior to direct tax laws (amendment) act, 1987, reopening could be done under above two conditions and fulfillment of the said conditions alone conferred jurisdiction on the ao to make a back ..... that there is escapement of income from assessment. reasons must have to s. 147 of the act, as quoted the belief. our view gets support form the changes made to s. 147 of the act, as quoted hereinabove. under the direct tax laws (amendment) act, 1987, parliament not only deleted the words reason to believe? but also inserted the word ..... a division bench of the madras high court interpreting the scope of the words 'information which has come into his possession' found in sec. 34 of the indian income tax act, observed thus: we are unable to accept the extreme proposition that nothing that can be found in the record of the assessment which itself would show escape of .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Sep-11-2014
..... (appear). no evidence can be led to interpret or explain those entries. synonimity is no excuse. not permissible for state government/court to modify; amend; alter entries as they are to be read as they are. no inquiry at all is permissible and no evidence can be let in; to ..... mannewarlsmunnurwar/mannewar/munnarwar.6. halba/halbikoshti/halba koshti. 9. mah. sc, st, dt, nt, obc and sbc (regulation of issuance and verification) caste certificate act, 2001 and the rules framed thereunder prescribe offences/penalties for fraudulent claims and for false caste certificate or information. the rules require supporting affidavit details vide form ..... certificate of posting to her residential address. the decision by the competent authority/preferably by the scrutiny committee constituted under the rules framed under the act and rules consisting the divisional commissioner etc., its officials in amravati division through its backward class section be taken expeditiously, preferably within four months .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-10-2014
..... noticed in para 21 of the judgment are as under : (i) whether the provisions of the act and the rules would apply to pharmacy schools and other technical institutions.? (ii) whether the amendment act of 1990 is declaratory and/or clarificatory in nature and has retrospective operation.?; and (iii) whether there ..... is inconsistency between central act and state act and whether the state act is void and inoperative to the extent of so called inconsistency or ..... institution are governed by the maharashtra employees of private schools (conditions of service) regulation act, 1977? (ii) whether the amendment by maharashtra act 32 of 1990 introduced on 6.12.1990 to the provisions of the said act is declaratory in nature so as to have retrospective operation.? 11. the reference was necessitated .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-28-2014
..... service) rules, 1981 and who continues to be in service in any school on the date of commencement of the maharashtra employees of private schools (conditions of service ( (amendment) rules, 1984, shall be continued in service on the condition that he obtains the prescribed training qualifications at his own cost before 1st june, 1987, unless he has already ..... dismissed or removed or his services shall not be otherwise terminated and he shall not be reduced in rank by the management except in accordance with the provisions of the act and the rules made in that behalf. rule 28 which deals with the termination of services of temporary employee is reproduced below; 28. removal or termination of service ..... in service by treating him to have been appointed on probation for a period of two years in terms of sub-section (2) of section 5 of meps act. it has further been held that the petitioner was not qualified as he did not possess the qualification of b.ed., at the time of his initial appointment. .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-27-2014
..... under articles 14, 19(1)(g) and 21 of the constitution have been abrogated by clause (5) of article 15 of the constitution and that the (ninety-third amendment) act, 2005 of the constitution inserting clause (5) of article 15 of the constitution is valid. it then proceeds to consider the issue of validity of article 21a of the ..... the reference order, the constitution bench had to decide on the validity of clause (5) of article 15 of the constitution inserted by the constitution (ninety-third amendment) act, 2005 with effect from 20.01.2006 and on the validity of article 21a of the constitution inserted by the constitution (eighty-sixth ..... "27. we cannot also issue a mandamus to respondents 1 and 2 on the ground that the conditions of provisional affiliation of schools prescribed by the council for the indian school certificate examinations stipulate in clause (5)(b) that the salary and allowances and other benefits of the staff of the affiliated school must be comparable to that prescribed .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-18-2014
..... bonus at the rate of 20% needs to be calculated on the basis of salary or wages of rs.3,500/- per mensem, as per the amendment to section 12 of the said act with effect from 1-4-2006, it is necessary to look into the availability of allocable surplus with the employer for the relevant accounting years. according to ..... court has directed the petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended section 12 of the payment of bonus act, 1965 on the basis of monthly salary or wages of rs.3,500/- instead of rs.2,500/, after deducting the amount of bonus already ..... an industrial dispute? only. subsequently, the concept of unfair labour practice? is also introduced by way of an amendment by act no.46 of 1982 with effect from 2181984 under the industrial disputes act. this, however, does not mean that if an act complained of amounts to unfair labour practice?, the same cannot be decided under the provisions of the mrtu and .....
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