Court : Mumbai Nagpur
Decided on : Jul-25-2013
..... faculty as per norms laid down by the council and the final batch of students take the final year examinations. the relevant provisions of dentists (amendment) act, 1993, relevant regulations and events 8. the petitioner, pursuant to the due permission from the competent authority, started under graduation course of bachelor of dental surgery ( ..... bank ltd., branch jaistambh chowk, amravati, maharashtra, and to convey the formal permission of the central government under section 10a (4) of the dentists (amendment) act, 1993 to vidarbha youth welfare society's dental college and hospital, amravati, maharashtra, for starting of mds course in the specialities of (i) picsthodontics and crown and bridge2 ..... deficiencies are minor in nature, the non-grant of permission and/or non-renewal of permission in our view certainly need to be decided on the foundation of purpose and object of inspection. it is not the case that they have already declared and pointed out what are the major deficiencies. the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-10-2013
..... scheme by state and corresponding violation of article 14 of the constitution of india recorded by this court. judgment of hon'ble apex court is on the foundation of this finding and due to financial repercussions flowing from high court's directions, the hon'ble apex court gave liberty to the executive to consider the ..... of this court in w.p. 3508 of 1992 dr. shrihari shankar vaidhya vs. state of maharashtra decided with w.p. 2645 of 1990 and 3508 of 1993 on 14th june, 1996 has considered the challenge to discriminatory treatment meted out to teaching and non-teaching employees of non-government aided ayurvedic and unani colleges affiliated ..... for the respondent tried to contend that certain proceedings have been initiated for impugning the recognition granted to the appellant school under the u.p. basic education act and as such the appellant's status as a recognized institution cannot be taken for granted. we cannot countenance this argument because any proceedings instituted to impugn .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-09-2013
..... /8/2004, even if taken to have been issued in order to give effect to the observations of the supreme court in the judgment in t.m.a. pai foundation's case, those directions would not automatically supersede the statutory rules in force. 17. in our view, such contention cannot be countenanced since the directions of the supreme court ..... /8/2004, which has been duly published in the official gazette. this government resolution was issued pursuant to the decision of the supreme court in t.m.a. pai foundation and others vs. state of karnataka and others {(2002) 8 scc 481}. the government resolution provided that quorum at the meeting of the selection committee would be minimum four ..... had to be issued because of the judgment of the supreme court in t.m.a. pai foundation's case, the government resolution would supersede direction no.25 of 2001 issued in exercise of powers under section 16(8) of the act by the vice chancellor, since it would be obligatory on the part of the state government and .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-13-2013
..... of their submission of repugnancy or inconsistency and for the legislative competence. there is no specific constitutional challenge to the provisions of the act except on the challenge of above foundation. there is no serious dispute with regard to the present position of cotton seed in view of the lastly amended provisions of schedule ..... cotton seed, itself is not sufficient to accept the submission of repugnancy on the foundation of evinces its intention . the fact of comparison between two acts is sufficient to observe that it is very essential to compare the provisions of two acts in question for the court to decide whether there exists any repugnancy and/or ..... again clear that the purpose to be achieved by the authorities even under this act and rules framed, the need is totally different. we are inclined to observe that all these central acts and the rules made thereunder have a different foundation based upon respective aims, object and purpose to be achieved. the word seeds .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Nov-20-2013
..... as rightly urged by the learned counsel for the appellant, would have to be examined. besides, it will also have to be seen whether these grounds had any foundation in the defence taken by the respondent in the suit that was brought against him. before we do that, it would be necessary to briefly consider the law ..... any use of such grounds for exercising discretion to not decree specific performance of contract would amount to arbitrary exercise of jurisdiction under section 20 of the specific relief act, 1963. but, these grounds have been used in the instant case by the first appellate court in refusing decree of specific performance to the appellant. the whole ..... have to be determined with reference to the circumstances existing at the time of contract, except in cases where the hardship is seen to be resulting from any act of the plaintiff subsequent to the contract. the question of unfair advantage under subsection (2) is required to be determined by considering the terms of the contract, .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-13-2013
..... in the case of union of india and others .vs. a. n. saxena, (1992) 3 scc 124 and union of india and others .vs. k.k. dhawan, (1993) 2 scc 56 looked into by the central administrative tribunal in impugned order also found consideration and mention by honble apex court in this judgment. in paragraph 6, however, honble ..... prima facie material manifesting recklessness or misconduct in the discharge of official duty, or (iii) the officer had failed to act honestly or in good faith or had omitted to observe the prescribed conditions which are essential for the exercise of statutory power. in paragraph 28, the aspect has been ..... honble apex court has laid down that disciplinary proceedings can be initiated against the government servant even with regard to exercise of quasi-judicial powers provided : (i) the act or omission is such as to reflect on the reputation of the government servant for his integrity or good faith or devotion to duty, or then (ii) there is .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-25-2013
..... to guilt the accused. 16) insofar as the judgment of the apex court in the case of prabhudayaland others vs. state of maharashtra, reported at air 1993 supreme court 2164 on which the reliance has been placed by the learned trial judge is concerned, from the perusal of the judgment of the apex court, ..... him from criminal liability, certainly lies upon him. further, the apex court has held that neither application of section 103 nor of 106 of the evidence act could, however, absolve the prosecution from the duty of discharging its general or primary burden of proving the prosecution case beyond reasonable doubt. it has been held ..... accused. learned additional public prosecutor further submits that since the deceased and the appellant were residing together, in view of the provisions section 106 of the evidence act, the burden was upon the appellant to explain the facts which were exclusively within his knowledge. learned additional public prosecutor further submits that the false explanation .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-15-2013
..... shows that it is made by 'maa vaishnavi mahila mandal panjarapol sansthan and the registration number is shown as mah.78/93 (nagpur) dated 29th january, 1993. registration certificate (at page 133) shows that 'maa vaishnavi mahila mandal panjarapol sansthan' is registered with the assistant registrar of societies, washim bearing registration no. ..... deshpande, the advocate appearing for the respondent university has relied on the provisions of sections 63, 64, 66(1), 73(1) and 74 of the act and submitted that the responsibility of administering the institution is of the management and the impugned order is also issued to the president and the secretary of ..... that the affiliation of the petitioner college is permanently withdrawn for breach of the provisions of section 63 of the maharashtra universities of health sciences act, 1998 (for short the act ) by the resolution of the management council dated 10th january, 2013. 3. the respondent university has filed the preliminary objection to the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jul-10-2013
..... /koshti and the similarly situated persons by various circulars. the submission that those circulars are contrary to the provisions of law and cannot be the foundation to grant protection referring to the division bench judgment of this court in rajendra and archana (supra), is unacceptable. the contesting respondents-union of india ..... tribes, de-notified tribes (vimukta jati), 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), which is in force from 18.10.2001. the judgments read and referred by the learned judges but have taken different ..... claimed to be deemed to have been confirmed in service as per section 5(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977. the petitioner got her right crystalized in view of the observations of constitution bench (milind) (supra) along with other similarly placed employees who .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Nov-12-2013
..... the asian and the pacific region. the statement of objects and reasons of the persons with disabilities act 1995 states that the meeting to launch the asian and pacific decade of the disabled persons 1993-2002 was convened by the economic and social commission for asian and pacific region, and held at ..... the departments/public sector undertakings, government companies declaring that the nonobservance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/ public sector undertakings/ government companies, responsible for the proper and strict implementation of reservation for persons with ..... superintendent of the public hospital on the ground that he is medically unfit because of that particular disability. 15. section 47 of the persons with disabilities act, 1995 reads as under:- section 47. non-discrimination in government employments -(1) no establishment shall dispense with, or reduce in rank, an employee .....
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