Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... question was involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ouster of ..... peculiar facts or in view of the uncertainty of law till then, to do complete justice, as has been held by the apex court in the case of indian bank v. abs marine products pvt. ltd., reported in 2006(5) all mr (sc) 162. the relief granted is restricted only to the persons in whose ..... 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 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the scrutiny committee. .....
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 : 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 : 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 : Oct-30-2014
..... had purchased the suit property as per sale deed dated 28.12.1979. during pendency of the appeal before the district court, the plaintiff had sought to amend the plaint by raising additional plea that as the defendants had denied the status of the plaintiff as their landlord, the plaintiff was entitled for possession. ..... permission of the controller would not be necessary for giving a notice determining the lease as contemplated by clause (g) of section 111 of the transfer of property act. the suit was therefore maintainable, even without obtaining the permission of the controller, the reference is answered accordingly. it is, therefore, clear that the benefit of ..... landlord and his relationship of tenancy literally knocks out the very bottom of statutory protection, and this amounts to disclaiming the benefits available under the bombay rent act. it was pointed out that a tenant disclaims the title of his landlord who accepts such disclaimer and seeks eviction upon the basis thereof, and the .....
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 : Oct-08-2014
..... possess the necessary eligibility as is required to be possessed by the regular vice chancellor. 20. the learned amicus further submits that the amendment to the said act in the year 2009 by which the provision regarding educational qualifications and experience was brought for the first time, is also indicative of the ..... nominated by the state government, (iii) the director or head of an institute or organization of national repute, such as, indian institute of technology, indian institute of management, indian institute of science, indian space research organization or national research laboratory, nominated by the management council and academic council, jointly, in the manner specified by ..... union of india and others reported in (2005) 6 supreme court cases 281 and in the case of ajit kumar nag .vs. general manager (pj), indian oil corporation ltd. reported in (2005) 7 supreme court cases764. 16. mr. manohar further submits that the perusal of the notification issued in exercise of powers .....
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 : Oct-01-2014
..... (f) and 31 (1) of the constitution. by the time, the case of d.s. nakara and 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). it has been held that although the right to property is no longer a ..... 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 rachi. the hon'ble apex court, after taking ..... the interests of the general public or the security of the state. (c) the expression fraudulently shall have the meaning assigned to it under section 25 of the indian penal code, 1860 (45 of 1860) (d) the expression criminal breach of trust shall have the meaning assigned to it under section 405 of the .....
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 .....
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