Court : Mumbai Aurangabad
..... is handed over to respondent no.2. learned counsel for respondent no.2 also canvassed that the rules have been framed under the prevention of cruelty to animals act, 1960 and said rules are known as "the transport of animals rules, 1978", and rule 56 thereof prescribes certain conditions for transportation of cattle by goods ..... respondent no.2 also submitted that the cruelty alleged against the petitioner is under section 11 (1) (d) (e) (f) of the prevention of cruelty to animals act, 1960 and also under clause (a) thereof, since although petitioner, who allegedly is owner of the said animals, subjected said animals to the torture, while transporting them.14 ..... while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of the provisions of prevention of cruelty to animals act, 1960, and the specific allegation in the fir was that the animals were transported for being slaughtered, and the animals were tied very tightly to each other .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is handed over to respondent no.2. learned counsel for respondent no.2 also canvassed that the rules have been framed under the prevention of cruelty to animals act, 1960 and said rules are known as "the transport of animals rules, 1978", and rule 56 thereof prescribes certain conditions for transportation of cattle by goods ..... respondent no.2 also submitted that the cruelty alleged against the petitioner is under section 11 (1) (d) (e) (f) of the prevention of cruelty to animals act, 1966 and also under clause (a) thereof, since although petitioner, who allegedly is owner of the said animals, subjected said animals to the torture, while transporting them.14 ..... while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of the provisions of prevention of cruelty to animals act, 1960, and the specific allegation in the fir was that the animals were transported for being slaughtered, and the animals were tied very tightly to each other .....
Tag this Judgment!Court : Mumbai Aurangabad
..... scrutinize the factual basis upon which discretionary powers have been exercised. one can conveniently classify under three heads the ground on which administrative action is subject to control by judicial review. the first ground is 'illegality', the second 'irrationality' and the third 'procedural impropriety'. these principles were highlighted by lord diplock ..... .c.c. 685, while dealing with the question as to whether the election commission, in exercise of powers under section 29-a of the representation of the people act, 1951, acts administratively or quasi judicially, after taking stock of the decisions in (r. v. dublin corporation) 9, (1878) 2 ir. r. 371, (r. v. ..... exclusively on the application of objective standards to ascertain facts but if it is founded on subjective satisfaction of the statutory authority, the duty to act judicially would be clearly excluded and the decision would be an administrative decision as opposed to quasi judicial decision. the basic test, therefore, for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he used to do the work of scrutinizing the purchase orders and make entries thereof into the register. [e] he used to follow up purchases ordered by his controlling officer. [f] except the nomenclature as a supervisor, he had no supervisory duties. 34. it is apparent that the cross-examination does not aim at " ..... , still the legislature did not intend to include in this expression "industrial disputes" for the adjudication of which the parliament had enacted the industrial disputes act. the learned judges then referred to the proviso and observed: "indeed this proviso supplied a key to the intention of legislature and it almost conclusively ..... of law as to be binding on industrial tribunals adjudicating an industrial dispute. the jurisdiction which is granted to industrial tribunals by the industrial disputes act is not the jurisdiction of merely administering the existing laws and enforcing existing contracts. industrial tribunals have the right even to vary contracts of service .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioner is a minority educational institution, is unaided and recognized. (b) there is no direct supervision and control by the education department over the appointment of teaching and non teaching staff by the petitioner. (c) the meps act, 1977 and the meps rules, 1981 are applicable to the petitioner institution. (d) respondent no.1 was ..... a case of the workers who were temporarily engaged on daily wages in the commercial taxes department in some of the districts of the state of karnataka. the supreme court in that judgment began with the following observation that: "public employment in a sovereign socialist secular democratic republic, has to be ..... protection which the law intends to confer. the petitioners who had failed to follow the procedure for appointing the respondent-employees cannot obtain protection under the act and refuse to make them permanent. similarly, if the proposition canvassed by the petitioners that the tribunal could not have decided the issue of relationship .....
Tag this Judgment!Court : Mumbai Aurangabad
..... commissioner would amount to encroachment in the field of legislation. to quote from the judgment of the seven-judge bench in p. ramachandra rao v. state of karnataka (supra): 27. courts can declare the law, they can interpret the law, they can remove obvious lacunae and fill the gaps but they cannot entrench ..... central information commission or the state information commission, as the case may be, may, during the inquiry of any complaint under this act, examine any record to which this act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. 19. appeal. (1) any ..... life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. these provisions of the act do not provide that the chief information commissioner and information commissioners shall be persons having judicial experience, training and acumen and yet this court has held in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... respondent nos. 3 and 4 which reads thus: "3. i say and submit that, there is no statutory provision either in bombay police act or under rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamasha's 1960, wherein the authority would compel to ..... providing time limit within which the concerned officials are supposed to prepare the report considering various factors like law and order, suitability of the person and the traffic. according to said procedure, such report is required to be prepared for grant of premises licence. the procedure/provision providing for time limit for preparation of ..... supplied). 27. the hon'ble supreme court in the case of m.j. sivani and others vs. state of karnataka and others [(1995) 6 supreme court cases 289] while dealing with the provisions of mysore police act, 1963 held that, gaming is an inclusive definition which includes a game of chance and skill combined or a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... criminal case no.8582/2013 decided on 5th september, 2013 [madhya pradesh high court], vi] shri harishchandra prasad vs. state of karnataka decided on 26th august, 2009 [karnataka high court], vii] ashok vs. state in cri. m.a.no. 9130/2009 decided on 9th may, 2012 [gujarat high court ..... the statutory / authorized officer, as contemplated under section 55 of the said act, and therefore, such initiation of the proceedings would be barred. petitioners relied on the case of jaffar @ noorahmed jaffarhussein vs. the state of karnataka [criminal petition no.10695/2012, decided on 27.02.2013 dharwad circuit ..... act. therefore, the learned counsel appearing for the petitioners, relying upon the following judgments of the various high courts and the supreme court namely, i] shekh nek mohammad vs. the state of maharashtra in criminal misc. no. 39279/2009 decided on 4th january, 2010 [patna high court], ii] sri s. bylaiah vs. state by bannerghatta police decided on 8th february, 2008 [karnataka .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of kerala (air 2000 sc 1608), (20) chandrasekhar sureshchandra bhatt and others v/s.state of mah. (2000) 10 scc 582), (21) earabhadrappa alias krishnappa v/s. state of karnataka (1983) 2 scc 330), (22) bachan singh v/s. union of india (1980 (2) scc 684)and (23) machhi singh v/s. state of punjab (air 1983 ..... by the prosecution had taken place in the p.m. room/mortuary. his evidence is significant, in as much as he was working as civil surgeon as a controlling authority of entire administration of the hospital. 99. therefore, in the light of discussion hereinabove, the prosecution has not proved beyond reasonable doubt that, dr. vijaya chaudhari ..... to be looked with great suspicion. consequently, in the event the suspicion which is attached to the evidence of accomplice is not removed, his evidence could not be acted upon unless corroborated in material particulars. 38. in the present case, the additional sessions judge accepted the evidence of approver-gulab as trustworthy, and relied upon the .....
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