Court : Mumbai Aurangabad
..... in the result, present petition is allowed in terms of prayer clause 'b' thereof and impugned order dated 14.12.2009, passed by learned adhoc additional sessions judge1, dhule in criminal revision application no.177/2009 stands quashed and set aside, whereas the order dated 6.11.2009 passed by learned judicial magistrate first class, sindkheda in criminal miscellaneous application no.175/2009 stands restored, on ..... sindkheda police station has registered offence under cr no.18/2009 against the petitioner for offences under sections 11 (d) (e) (f) of the prevention of cruelty to animals act, 1960 and under section 5 (1) 11 of maharashtra animal preservation act, 1976 and seized 36 bullocks from the custody of the petitioner and the said first information report is annexed herewith (exh ..... the petitioner contends that instead of releasing the animals in favour of the petitioner, respondent no.2 approached to court of sessions , dhule by filing criminal revision application no.177/2009 and thereby challenged the order dated 6.11.2009, passed by learned judicial magistrate first class sindkheda, releasing the animals in favour of the ..... petition, filed under article 227 of the constitution of india, the petitioner prayed for quashment of the order passed by adhoc additional sessions judge1, dhule in criminal revision application no.177 of 2009 dated 14.12.2009, by releasing the cattle in favour of the petitioner and upholding the judgment passed in criminal miscellaneous application no. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... sindkheda police station has registered offence under cr no.19/2009 against the petitioner for offences under sections 11 (d) (e) (f) of prevention of cruelty to animals act, 1960 and under section 5 (1) 11 of maharashtra animal preservation act,1976 on 13.11.2009 and seized 29 bullocks from the custody of the petitioner and the said first information report is annexed herewith ..... however, after hearing both the parties, learned adhoc additional sessions judge1, dhule, allowed said revision by order passed on 14.12.2009 and thereby quashed and set aside the order passed by learned judicial magistrate first class sindkheda in criminal miscellaneous ..... petitioner contends that instead of releasing the animals in favour of the petitioner, respondent no.2 approached to court of sessions, dhule by filing criminal revision application no.225/2009 and thereby challenged the order dated 3.12.2009, passed by learned judicial magistrate f.c. ..... the petitioner appeared in the said criminal revision before adhoc additional sessions judge, dhule ..... sindkheda dated 3.12.2009, the petitioner herein approached to this court, praying for quashment of the said impugned order dated 14.12.2009, passed by learned adhoc additional sessions judge1, dhule in the said criminal revision application no.225/2009. ..... present petition, filed under article 227 of the constitution of india, the petitioner prayed for quashment of the order passed by adhoc additional sessions judge1, dhule in criminal revision application no. .....
Tag this Judgment!Court : Mumbai Aurangabad
1. by way of present petition, the petitioners have prayed for a declaration, that the promotions given to respondent nos.5 to 12 are illegal, ultra vires the constitution and they should be reverted back to their respective posts. the petitioners have further sought a declaration, that the guidelines dated 6th august 1990, issued by the additional registrar, high court, bombay, are illegal. a further relief is sought, that amendment to paragraph 625 of the civil manual, 1986, is illegal and, therefore, liable to be set aside.2. the petitioners are working as junior / senior clerk in the judicial district of jalgaon. the petitioners have passed higher standard departmental examination (for short, "hsde"). according to the petitioners, the respondent nos.5 to 12 have been promoted as per amendment to paragraph 625 of the civil manual. it is the case of the petitioners, that though these respondents have not passed hsde, they have been promoted to the post of assistant superintendent. it is the case of the petitioners, that all these respondents, only on the basis of their seniority, have been given promotion totally overlooking the merit. it is the contention of the petitioners, that only the petitioners who have passed the hsde, are eligible to be considered for promotion and, as such, interest of justice requires that the promotion granted in favour of the respondents be quashed and set aside and the petitioners be directed to be promoted.3. mr. s.r. barlinge, learned .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (referred supra), the hon'ble supreme court was dealing with eviction matter under the karnataka rent control act, where landlord claimed eviction on the basis of bona fide requirement. ..... that the hon'ble supreme court has, observed in para 35 of that judgment that perusal of grounds on which divorce can be sought under section 13(1) of hindu marriage act, 1955 would reveal that the same are grounds based on the 'fault' of the party against whom dissolution of marriage is sought. ..... the conduct of the respondent wife in filing a complaint making unfounded, indecent and defamatory allegation against her mother-in-law, in filing revision seeking enhancement of the sentence awarded to the appellant husband, in filing appeal questioning the acquittal of the appellant husband and acquittal of his parents indicates that she made all attempts to ensure that ..... when the criminal appeal filed by the appellant husband challenging his conviction for the offence under section 498a ipc was allowed and he was acquitted, the respondent wife filed criminal appeal in the high court challenging ..... petition no.a.263 of 2006 in family court, respondent filed application exhibit 12 under section 26 of the domestic violence act on 1st december 2006 and it was partly allowed on 11th january 2007. ..... she filed criminal revision seeking enhancement of the punishment awarded to the appellant husband for the offence under section 498a ipc in the high court which is ..... jagan, reported in (2001) 6 supreme court cases .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (referred supra), the hon'ble supreme court was dealing with eviction matter under the karnataka rent control act, where landlord claimed eviction on the basis of bona fide requirement. ..... that the hon'ble supreme court has, observed in para 35 of that judgment that perusal of grounds on which divorce can be sought under section 13(1) of hindu marriage act, 1955 would reveal that the same are grounds based on the 'fault' of the party against whom dissolution of marriage is sought. ..... the conduct of the respondent wife in filing a complaint making unfounded, indecent and defamatory allegation against her mother-in-law, in filing revision seeking enhancement of the sentence awarded to the appellant husband, in filing appeal questioning the acquittal of the appellant husband and acquittal of his parents indicates that she made all attempts to ensure that ..... when the criminal appeal filed by the appellant husband challenging his conviction for the offence under section 498a ipc was allowed and he was acquitted, the respondent wife filed criminal appeal in the high court challenging ..... petition no.a.263 of 2006 in family court, respondent filed application exhibit 12 under section 26 of the domestic violence act on 1st december 2006 and it was partly allowed on 11th january 2007. ..... she filed criminal revision seeking enhancement of the punishment awarded to the appellant husband for the offence under section 498a ipc in the high court which is ..... jagan, reported in (2001) 6 supreme court cases .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the school to be established by the private management on "permanent no grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... recognition shall be granted to the unaided private secondary/higher secondary school, if it fulfills the conditions specified in act of 2009 and rule 3.2 of the code for grant of recognition, as provided in rule 4.1 of the secondary schools code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in act of 2009 and rule 107 of the rules of 1949, as provided in section 39 of the act of 1947 read with rule 107 of the rules of 1949. ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school ..... state of karnataka, (2002) 8 scc ..... state of karnataka 2002 air scw 4957, modern dental college, ..... karnataka .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the school to be established by the private management on "permanent no grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... recognition shall be granted to the unaided private secondary/higher secondary school, if it fulfills the conditions specified in act of 2009 and rule 3.2 of the code for grant of recognition, as provided in rule 4.1 of the secondary schools code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in act of 2009 and rule 107 of the rules of 1949, as provided in section 39 of the act of 1947 read with rule 107 of the rules of 1949. ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school ..... state of karnataka, (2002) 8 scc ..... state of karnataka 2002 air scw 4957, modern dental college, ..... karnataka .....
Tag this Judgment!Court : Mumbai Aurangabad
..... limited and others, [2004(2) bcr 563], this court considered the scope of section 10a of the industrial employment (standing orders) act, 1946, which provides for payment of subsistence allowance and a remedy as against the inadequate payment of ..... corporation bank, manglore and another, 2004(iii) clr 623, the karnataka high court held that deduction of loan installments from the suspension allowance is unauthorized as the rules do not permit such deductions from ..... while concluding that the failure to pay adequate suspension allowance is a breach of section 10a, it was held that the same would amount to an unfair labour practice under item 9 of schedule iv ..... section 2 (vi) of the payment of wages act, 1936, has to be ascribed a meaning as is found in the expression under section 2(rr) of the industrial disputes act ..... union of india, [air 1987, sc 2257] has heavily criticized the act of the employer of carrying out deductions under different heads from the suspension allowance payable ..... under section 7 of the payment of wages act, 1936, it has been specifically provided that suspension allowance shall not be deemed to be a deduction from wages ..... and others, [2001(1) bcr 576], this court has concluded that though income tax or statutory deductions like provident fund could be permitted from the suspension allowance on pro-rata basis, there could not be any other deduction since the suspension allowance is not deemed to be salary / wages within the meaning of the payment of wages act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . respondent-landlord filed claim under section 15 of the hyderabad rent control act, for eviction of the ..... , as rightly concluded by the rent controller and district court that for the period january 1993 to february 1996, revision applicant/tenant has made default in payment of rent and further applicant tenant has failed to prove that the said default in payment of rent is not willful default ..... learned counsel appearing for revision applicant submits that the learned rent controller has failed to exercise the jurisdiction by not assigning proper reasons while deciding the issues ..... the rent controller after recording evidence and hearing the parties, by the judgment and order dated 30th june, 2001 allowed the petition for eviction on three grounds ..... aggrieved by the judgment and order of the rent controller, the applicant-herein filed appeal before district court, nanded, on 10th september, 2001. ..... this civil revision application is filed challenging the judgment and order of eviction dated 30th june, 2001 passed by rent controller nanded, in proceeding no rca (15)-10/96 and the judgment and order dated 3rd january, 2003 in hrca ..... proceeded against present tenant taking undue advantage of necessity of the tenant to remain at bombay for medical treatment. 6. learned counsel appearing for the applicant invited my attention to the grounds taken in the civil revision application, annexures thereto and other documents placed on record and submitted that this court may allow this .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 2) the suit was filed under section 16(1)(g) of the maharashtra rent control act,1999. ..... it is contended that present respondent had given notice on 27-12-2004 to the tenant and he was asked to pay arrears of rent and he was asked to vacate the premises as landlord wanted the premises bona fidely for personal use for starting business of his younger son. ..... 21) in the result the following order:- 22) the civil revision application stands dismissed. ..... the scope of revision by high court is discussed in the cases reported as air 1987 sc 1782 (girdharbhai v. ..... 19) the scope of revision against such decision is limited one. ..... it is held that if, on evidence, two views are possible and one of the two views is taken by the trial court, interference is not possible in the revision. ..... 1) this proceeding is filed against the judgment and order of rent suit no.10 of 2005 and rent appeal no.2 of 2013. ..... it is contended that on monthly rent of rs.1000/- the property was given to the applicant by said shroff. ..... relief of recovery of arrears of rent was also given. ..... the record shows that the applicant/tenant took steps and he paid arrears of rent to avoid eviction. ..... similar observations are made in the case reported as 2001(2) mh.l.j. .....
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