Court : Mumbai Nagpur
Decided on : Aug-05-2014
..... was conferred on the panchati raj institutions. as a matter of fact, after introduction of 73rd amendment, constitutional status has been given to panchayati raj institutions as a result of which it has become a permanent feature in the indian political system, nay a third government. ... 49. .................................... ........ the mindset that the role ..... , the petitioner being his wife and a member of the said family, she automatically stood disqualified by virtue of the provision under the maharashtra village panchayats act. he, therefore, prayed for dismissal of the writ petition. consideration : 6. the question raised in the present writ petition is of some significance. ..... by the order dated 7th april, 2011, passed by the additional collector, akola, and confirmed by the additional commissioner, amravati division, amravati, in appeal no.198/bvp act 16 (2)/2010-11 of ner, tq. telhara, distt. akola, by order dated 7th june, 2011, filed the present writ petition. facts : 2. for .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-07-2014
..... lacking in the impugned order. merely saying that the petitioner evaded the octroi would not be sufficient. the learned counsel has placed reliance on the decision of this court in indian oil corporation limited .vs. the nagpur municipal corporation, reported in 2012 (1) bcr 526, udaysingh s/o sardarsingh rajput .vs. state of maharashtra and others, reported ..... other formalities. these services are provided free of costs. the first respondent is commissioner, nagpur municipal corporation (n.m.c.) constituted under city of nagpur corporation act, 1948 ( cnc act for short). he derives powers in the matter of imposition of penalty in the event of evasion of octroi, which powers are quasi-judicial in nature. according ..... of settling the process of recovery of ten times of the octroi amounts from any of the noticees and octroi rule be ordered to be amended. 3. the facts necessary for the disposal of the petition may be stated thus: that, the petitioner is a company incorporated under the companies .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-07-2014
..... as the stand in all other connected writ petitions. the respondents have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated ..... that considering the previous experience of the convicts to misuse and/or abuse benefit of parole leave, rule 19 was accordingly amended. in paragraph 11 of aforesaid affidavit, it ..... the learned counsel, therefore, prayed for dismissal of the writ petitions. statutory provisions: 5. since there is a challenge to the validity of the proviso to the amended provisions of rule 19 of the rules of 1959, it would be advantageous to refer to the relevant statutory provisions while considering the aforesaid challenge. the rules of .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... issue a writ must be within its territorial jurisdiction either by residence or location. realising the difficulty of the people at large, the parliament amended article 226 by the constitution (fifteenth amendment) act, 1963, and added a new clause (1-a), which was then re-numbered as clause (2) by the constitution (forty-second ..... amendment) act, 1976, and that is what is the extant position. the underlying object of amendment was expressed in the following words:- under the existing article 226 of the constitution, the only high court which has jurisdiction with ..... the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service on these peculiar .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Sep-23-2014
..... 19-11-2001, such appointment could be made only for one year. it has been further held that in view of amendment to the said act in the year 2007, the circular dated 19-11-2001 did not have any legal force. on that basis, a ..... continuation of the petitioner in service after completion of one year was illegal. it was further held that in view of amendment to the provisions of said act in the year 2007, circular dated 19-11-2001 would not apply. it was, therefore, held that as the ..... could be made for a period of one year only. it was further held that in view of the amendment in the year 2007 to the said act, the circular dated 19.11.2001 would have no application and hence the petitioner's appointment was held to ..... said observations have been made only for the purposes of adjudicating the present writ petitions. parties to the appeal are at liberty to amend their pleadings in the facts of the case. the school tribunal shall endeavour to decide the appeal expeditiously. c] the petitioner .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : May-05-2014
..... the order of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? by subsequent amendment introduced by the maharashtra act no.ix of 2012, brought into force with effect from 14-5-2012, the words shikshansevak? in section 5 were replaced by the words assistant teacher ..... the service and not as a shikshan sevak. this is the policy, which is incorporated under section 5 of the meps act. 17. section 5 of the meps act, by an amendment introduced by section 11 of the maharashtra act no.xiv of 2007, is reproduced below: 5. certain obligations of management of private schools. (1) the management shall ..... (probationary)? shall hereinafter be referred to as the shikshan sevak?). it is subsequent to this amendment that the services of the respondent no.1 were terminated on 31-10-2012. 18. sub-section (1) of section 5 of the meps act deals with a permanent vacancy. it states that every permanent vacancy shall be filled in by .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-23-2014
..... learned joint civil judge senior division, amravati, preferred this petition impugning the order passed by the trial court permitting the respondents/plaintiffs to carry out the amendment in the plaint. 3. the facts of the case are, thus: special civil suit no.133 of 2013 was instituted by the respondents/plaintiffs against ..... the court of judicial magistrate first class, amravati, on 5.12.2011, for the offences punishable under sections 294, 384, 420 and 448 of the indian penal code read with with section 341 of the criminal procedure code by adopting false and fabricated version and making defamatory allegations against the respondents/plaintiffs. thus, on ..... the respondents/plaintiffs. in the result, the respondents/plaintiffs were required to incur huge expenditure for defending themselves and to save their reputation due to the acts of the petitioner/defendant involving them in false and malicious proceedings and causing huge loss, which cannot be compensated in terms of money. 5. the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-19-2014
..... , upon receiving the copy of the criminal complaints no.119/2011 and 02/2012 filed by the appropriate authority under pcpndt act before hon'ble jmfc, khamgaon, for violating various provisions of pcpndt act as amended up to date. upon perusal by the executive committee of the maharashtra medical council on 04.12.2013, it is noted ..... you are hold on suspension from the practice on considering public interest and by allowing you in medical practice lead to further violation of pcpndt act, as amended up to date till the inquiry is completed by the council. thus your registration no.56463 with the maharashtra medical council is hereby suspended ..... in public interest. the registrar is directed to comply as above and frame the charges accordingly.? 8. my attention is also invited to clause 7.6. of the indian medical council (professional conduct, etiquette and ethics) regulations, 2002, which is reproduced below : sex determination tests. on no account sex determination test shall be undertaken .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-12-2014
..... . in view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. office to register the application. petitioner to carry out amendment forthwith. 2. wp no. 396 of 2014 : rule. heard forthwith by consent of parties. 3. this petition involves a short but important question of law viz. ..... assistant government pleader, since a criminal case was pending against the petitioner for the offences punishable under sections 420, 468, 471 read with section 34 of the indian penal code, it was within the jurisdiction of the appointing authority i.e. respondent no. 3 to terminate the services of the petitioner on the said ground. ..... were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present writ petition. 5 .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-27-2014
..... to the director or, as the case may be, the deputy director for this purpose.? section 3 prior to its amendment reads as follows: 3(1) the provision of this act shall apply to all private schools in the state of maharashtra, whether receiving any grant-in-aid from the state government or ..... termination, dismissal, retirement or superannuation etc. qualifications, pay-scales, promotional avenues, leave, departmental inquiries etc. provisions of act and 1981 rules framed thereunder regulate all these aspects. 10. amendment to section 3 of apmc act with the case laws cited by us clearly reveals an intention only to exempt the minority institution from provisions regulating the ..... there is no dispute that petitioner no. 2 is a minority institution. section 3(2) of the meps act, as amended, reads thus: (2) notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment, of the head of a minority school and other persons (not exceeding .....
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