Court : Mumbai Nagpur
..... v. state of gujarat [2009 cri. l.j. 1087], [4] maranadu & another v. state by inspector of police, t.n.[2008 cri. l.j. 4562],[5] state of karnataka v. chikkahottappa @ varade gowda & others [2008 cri. l.j. 3495], [6] vikram & others v. state of maharashtra [2007 cri. l.j. 3193],[7] anil kumar v. ..... . state of bihar [air 1989 sc 1456].proposition :for convicting any accused for offence punishable under section 149 of indian penal code, vicariously or constructively, for an act of unlawful assembly, proof of common object from the conduct of the accused persons distinct from the common intention is a condition precedent. b. re-assessment of evidence ..... pimparamule, 18 - narayan kothe, 19 baban karale, 20 marotrao gawande, 23 chandrashekhar khorgade, and 30 dilip s. chachane were identified to be present and participating in various acts of assault.[b] the accused possessed, and have used deadly weapons, such as big size sticks and medium size sticks [ ubharis and zodpas etc.].[c] the accused .....
Tag this Judgment!Court : Mumbai Nagpur
A.P. Lavande, J. 1] Confirmation Case No. 2/12 and Criminal Appeal No. 376/12 are being disposed of by common judgment since they arise out of judgment and order dated 30.5.2012 passed by Adhoc Additional Sessions Judge1, Nagpur in Sessions Trial No. 461/11 by which the appellant in Criminal Appeal No. 376/12 (hereinafter referred to as the accused) has been convicted for the offence punishable under Sections 302 and 309 of Indian Penal Code and sentenced to death and to pay a fine of Rs.3,00,000/- (Three Lakhs) and in default to suffer R.I. for five years for the offence punishable under Section 302 of Indian Penal Code and to suffer R.I. for one year and to pay a fine of Rs.500/, in default to suffer S.I. for one month for the offence punishable under Section 309 of Indian Penal Code. Out of the fine amount if recovered, amount of Rs.2,50,000/- was ordered to be forwarded to the District Legal Aid Committee and Rs.50,000/to State of Maharashtra. 2] Briefly, the case of the prosecutio...
Tag this Judgment!Court : Mumbai Nagpur
..... deemed to be a precedent declaring law. for same purpose reliance is also placed on (2002) 8 scc 481 (t.m.a. pai foundation and others vs state of karnataka and others) where it is explained that ratio decidendi of a judgment is to be found out only on reading of entire judgment and it cannot be read as a ..... whom a writ cannot be issued. discussion therein shows that such an intervention is held permissible when there is no other remedy under the act. division bench of calcutta high court in bharat sanchar nigam ltd. vs. bmw industries ltd reported at a.i.r. 2007 (noc) 1715 (cal), has held that power of high court under articles 226 and 227 ..... in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under section 37 of the act even at an earlier stage. its conclusions separately recorded also reiterate this principle as :"(vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the high court .....
Tag this Judgment!Court : Mumbai Nagpur
..... distance of 40 kms. from gotan. although manufacturing activity is done at pipar city, sales of the products of m/s. aditya chemicals are entirely effected to various industries in maharashtra, andhra pradesh, karnataka, tamil nadu, gujarat, etc. no part of the product of m/s. aditya chemicals is sold anywhere in the state of rajasthan. the principal place of business of ..... is thus submitted that there are no defects in the impugned orders issued under section 127 of the act as same are speaking orders with reasons for transfer of cases to jodhpur, which also establish necessity of centralizing all cases of petitioners for facilitating coordinated and systematic investigation. in support of his contentions, learned counsel for respondents has relied upon judgments in .....
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..... shri mishra pointed out that the tender also permitted consortium to be formed and hence, it cannot be alleged that the conditions in it were tailor-made to facilitate the bvb alone. 15. shri bhangde, learned senior counsel for bvb, however, wants to assail the bona fides of the writ petitioners. according to him ..... relaxed, but here, in the later invitation, the conditions were made more stringent. shri jaiswal, learned counsel contended that the acts of n.i.t. were to favour the bvb, in particular to facilitate the construction of the school, sports complex, restaurant, garden etc. over the area including the playground earmarked for the people ..... of nagpur. since alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, respondent/nagpur municipal corporation (n.m.c.) was instructed to take suitable action under section 37 of the mrtp act. 7. the petitioners prayed for .....
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..... areas for amravati. the otherwise contiguous hilly area spread in dharni and chikhaldara is not divided in to two hilly areas corresponding to two tahsils formed only to facilitate the revenue administration. 16. there is dispute between parties about availability of a suitable school for petitioner in chikhaldara tahsil. but, in given case, it ..... with heading 'i-meaning and legal effect distinguished is also pressed into service to highlight the literal rule of construction. in m. satyanarayana v. state of karnataka, (1986) 2 scc 512, hon'bleapex court holds that reservations in favour of sons of political sufferers are considered to be belonging to a special category and ..... . 11. concept of village is in maharashtra land revenue code, 1966, while the concept of block can be found in maharashtra zilla parishad and panchayat samities act, 1961. as per s.4 of the land revenue code, the state government by notification in official gazette specify the districts which constitute a division, the .....
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..... to section 14. proviso is an exception to the main statute. undoubtedly, proviso cannot dilute the spirit of the main statute, however, it facilitates the parties to act in exceptional circumstances deviating the section so also creates ground for the court/authority to entertain the prayer of the parties under special circumstances as mentioned ..... probability of a reconciliation between the parties before the expiration of the 33[said one year]. in the case of jacintha(supra), the division bench of karnataka high court observed that the marriage is not to be allowed to be dissolved hurriedly without giving an opportunity or minimum time for making the marriage a ..... maintainable. in support of his submissions, he relied on the case decided by the division bench of karnataka high court in smt.jacinthakamath versus k.padmanabha kamath, reported in air 1992 karnataka 372 and also on the judgment of karnataka high court in sharma m. kashinath versus shobha, reported in i (2011) dmc 457 (db). .....
Tag this Judgment!Court : Mumbai Nagpur
..... not have terminated the services of respondent no.1 overlooking the mandate of the provisions of section 47(1) of the persons with disabilities act, 1995. 18. the learned member of the industrial court has dealt with the factual aspects and rightly recorded finding in favour of respondent no.1. 19. the petitioner has submitted that respondent ..... he could not get himself examined by the medical board. in this factual background, respondent nos. 1 and 2 filed application before the industrial court under item 9 of schedule iv of mrtu and pulp act. 5. the petitioner opposed the claim, as made by respondents 1 and 2, on the ground that respondent no.2 was not ..... item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as mrtu and pulp act ) by not providing alternate employment to respondent no.1. the industrial court has directed the petitioner to pay wages to respondent no.1 for the period 2nd august 2002 .....
Tag this Judgment!Court : Mumbai Nagpur
..... judgments of supreme court, as well as, of this court granting protection in spite of the full bench judgment are many. some of them are damodhar v. industrial energy and department and ors. in civil appeal no. 2889/09; deepak v. union of india dated 22.1.2010; dattu namdeo thakur v. state of ..... caste, scheduled 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 views, ..... and therefore 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 got .....
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..... to frame rules for promotion. the recruitment rules were framed by the corporation on 23.11.2001, but the same were challenged before the industrial court in ulpa no.462/2002 and the industrial court has quashed those rules on 30/7/2007. the resolution no.31 dated 12/4/1976, therefore, continues to hold the field. ..... therefore, only deals with the said facet. he further contends that in view of adoption of government policy, later on heterogeneous groups emerged, which necessitated a balancing act while effecting promotion to the post of deputy engineer. the said equilibrium or balance has been struck by providing 50% reservation each for assistant engineers (grade-ii) ..... it is, therefore, apparent that when the situation is still governed by the said resolution and impugned order of promotion is also issued in terms thereof and parties have acted upon it .....
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