Court : Mumbai Nagpur
..... permitted the management to hold de novo enquiry, at the highest the tribunal could have directed the appellants to be notionally reinstated. (ix) that there is no foundation in the pleadings before the college tribunal as regards the ground of bias, and therefore, the appellants are disentitled to urge the said ground. 15 in so ..... dismissal holding inter-alia that the rules of natural justice were grossly violated. this position has been reiterated in the decision in rattan lal's case, air 1993 sc 2155, referred earlier. the supreme court has laid down that the test is not whether in fact, bias has affected the judgment; the test always ..... appointed by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had .....
Tag this Judgment!Court : Mumbai Nagpur
..... to him only looks at language of section 2(34) and therefore is not relevant for deciding present controversy. the government decision dated 29.7.1993 pointing out categorization of various employees due to wage revision and clarifying the confusion is also pressed into service. he submits that it does not ..... it has been named as maharashtra non-agricultural universities and affiliated colleges standard code (terms and conditions of service of non-teaching employees), rules 1984. nagpur university act, 1974 defines teacher in its section (30) and said definition or then definition of teacher of the university ? contained in section 2(31) does ..... been included therein and thus petitioners have been recognized as teachers. however, he points out that for recruitment of petitioners and regular teachers the 1994 act contemplates separate procedure. procedure under section 76 needs to be followed for selection and appointment of the university teachers while procedure prescribed in section 79 .....
Tag this Judgment!Court : Mumbai Nagpur
..... a question of fact and it must be properly pleaded and proved. no plea of waiver can be allowed to be raised unless it is pleaded and the factual foundation for it, is laid down in the pleadings. in para 6 of the said judgment, it has been held that waiver means the abandonment of right and it ..... defendant died, and hence his legal representatives were brought on record. in this first appeal, a decree for specific performance of contract was passed by this court on 26-4-1993. the operative part of the order is reproduced below :" in the result, the appeal is allowed with costs. the impugned judgment and decree are set aside. the cross ..... less than the right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an instrument in .....
Tag this Judgment!Court : Mumbai Nagpur
..... a question of fact and it must be properly pleaded and proved. no plea of waiver can be allowed to be raised unless it is pleaded and the factual foundation for it, is laid down in the pleadings. in para 6 of the said judgment, it has been held that waiver means the abandonment of right and it ..... defendant died, and hence his legal representatives were brought on record. in this first appeal, a decree for specific performance of contract was passed by this court on 26-4-1993. the operative part of the order is reproduced below :" in the result, the appeal is allowed with costs. the impugned judgment and decree are set aside. the cross ..... less than the right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an instrument in .....
Tag this Judgment!Court : Mumbai Nagpur
..... nagpur improvement trust and another, (civil revision application no.937/1993, decided on 25.09.1995). (ii) state of tamil nadu & anr. v. p. krishnamurthy & ors. (air 2006 supreme court 1622). (iii) abdul jabbar s/o ..... .i.t. gets right under the terms and conditions of the original allotment order, its regulations, the land disposal rules and enabling power under n.i.t. act as authority under law, to take possession by giving appropriate notice in accordance with law. he relied on the following decisions. (i) akbar karimuddin malik v. ..... made on the suit plot the revised plans have been submitted to the competent planning authority i.e. n.m.c. under the maharashtra regional & town planning act, 1966. there is enabling provision in favour of the appellants to apply for regularization of constructions made in excess or without prior sanction. the appellants are certainly .....
Tag this Judgment!Court : Mumbai Nagpur
..... issuing an order of injunction to restrain enforcement of bank guarantees or letters of credit. (v) fraud of an egregious nature which would vitiate the very foundation of such a bank guarantee or letter of credit and the beneficiary seeks to take advantage of the situation. (vi) allowing encashment of an unconditional ..... is given is called the 'principal debtor', and the person to whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" ..... eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. canara bank. the hon'ble madras high court has held that this time limit and therefore rule 68b in second schedule is not attracted to recoveries under 1993 act, as the 1993 act itself does not recognize any such limitation. in this situation, as no arguments have been advanced on this aspect, we find no hesitation in adopting the view of ..... amount as per the said certificate in the manner and mode prescribed under sections 25 and 28 of the recovery of debts due to banks and financial institution act, 1993. the certificate is for recovery of rs. 17,61,291/-. 19. it is therefore, apparent that the provisions of second schedule of the income tax ..... force from time to time shall, as far as possible, apply with necessary modifications as if the said provision and rule referred to amount of debt due under the 1993 act, instead of income tax. it is also not in dispute that the recovery officer here has proceeded under said second schedule against the petitioner. perusal of the certificate under .....
Tag this Judgment!Court : Mumbai Nagpur
..... was not an industrial dispute at all so as to attract jurisdiction under the industrial disputes act. the hon'ble apex court has, however, observed that parties cannot be allowed to go a stage further and contend that the foundation of the dispute mentioned in the order of reference was non-existent and that the true ..... be caused to the petitioner. 15. mrs a. r. taiwade, learned assistant government pleader has also supported the order of reference. she contends that conciliation officer is acting in administrative capacity and hence, he is not required to record reasons in detail. according to her, role of conciliation officer is only to facilitate negotiations between parties ..... dispute was something else. it has been held that section 10(4) of the act does not make the tribunal competent to entertain such a question. 28. .....
Tag this Judgment!Court : Mumbai Nagpur
..... decision of state government cannot help the petitioner to oppose initiation of the proceedings like present one. statutory scheme in provisions made by the prohibition act, the police act and of cr.p.c.,1973 can not be defeated or diluted by such subordinate instrument or administrative instruction. none of the statutory provisions give power ..... out that the superior officers like commissioner of state excise and collector have not come forward to file any reply. by placing reliance upon judgment reported at air 1993 sc 2592 (smt. naseem bano .vrs. state of u.p. and others) (paragraph no.11), he submits that as these allegations are not denied, ..... empowered in that respect. the power given to police to investigate and to take cognizance by the criminal procedure code as maintained by state legislature in police act and prohibition act, can not be withdrawn or set at naught by any administrative authority like the state government or any of its officers. she submits that government .....
Tag this Judgment!Court : Mumbai Nagpur
..... a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment ..... power of superintendence under article 227 of the constitution, interfere with the order of tribunals or courts inferior to it. nor can it, in exercise of this power, act as a court of appeal over the order of court or tribunal subordinate to it. in cases where an alternative statutory mode of redressal has been provided, that would ..... by landlord and therefore comparative hardship was required to be decided in favour of the tenant in accordance with the object of section 16(2) of the maharashtra rent act. in nut shell, the ratio in the decision in shalini shetty, in a case of pure dispute between landlord and tenant, is that a writ petition under .....
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