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Shriram Haribhau Mankar Vs. Madhusudan Atmaram Vairale

Court : Mumbai

Reported in : AIR1968Bom219; (1967)69BOMLR871; 1967MhLJ954

..... the government of maharashtra exercised this power by making an order called maharashtra adaptation of laws (states and concurrent subjects) order, 1960, and has adapted the bombay ministers' salaries and allowances act, 1956 (bombay act no. ..... in this state the bombay ministers' salaries and allowances act 1956 (bombay act no. ..... his second contention is that by section 13 of the bombay ministers' salaries and allowances act, 1956 (bombay act no. ..... 13 of the bombay ministers' salaries and allowances act and therefore a notice was issued to the advocate general. ..... 13 of the bombay ministers' salaries and allowances act is an express provision of law made by the legislature of the state which exempts the office of the deputy minister for the state from being considered as an office of profit. ..... the argument based on second schedule of the constitution merely providing for continuing of salaries of ministers does not advance the case of the petitioner where the question 'what is intended to be covered by the word 'minister' ' requires interpretation by legislative act and parliamentary practice in this country, members of the party called upon to form government have been chosen and appointed as deputy ministers to run the business of the government. .....

R.S. Nayak Vs. A.R. Antulay

Court : Supreme Court of India

Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984

..... power, the maharashtra state legislative assembly has enacted 'the maharashtra legislature members' salaries and allowances act, 1956 (bombay act xlix of 1956)'. ..... assumed that salary and allowances paid to the chief minister are by ..... (i) to discharge the accused inter alia on the ground that the charge was groundless and that even though the accused had ceased to be the chief minister, on the date of taking cognizance of the offences, he was a sitting member of the maharashtra legislative assembly and as such a public servant and in that capacity a sanction to prosecute him would have to be given by the maharashtra legislative assembly and the sanction granted by the governor would not be valid in this behalf. ..... similar act which makes provision's for salaries and allowances of the ministers of maharashtra state ..... against the accused it has been repeatedly alleged that the accused as chief minister of maharashtra state accepted gratification other than legal remuneration from various sources and thus committed various offences set out in the complaint. ..... to pay money to boston to induce him to use his position exclusively outside parliament, and not by vote or speech in the assembly, and that the transaction in connection with which he was to use his position to put pressure on the minister might consistently with the information, be one which would never come before parliament and which, in his opinion and in the opinion of those who paid him was highly beneficial to the state; that .....

Sh. Sushil Modi Vs. Sh. Mohan Guruswamy

Court : Delhi

Reported in : 2008CriLJ541

..... the contention is that the accused while receiving his salary as mla under the maharashtra legislature members' salaries and allowances act, 1956 was and is in the pay of the government. ..... it was assumed that salary and allowances paid to the chief minister are by government. ..... it is thus incontrovertible, that the holder of a public office such as the chief minister is a public servant in respect of whom the constitution provides that he will get his salary from the government treasury so long he holds his office on account of the public service that he discharges. ..... he also asserted that the respondent had attempted to get political favors from former prime minister chandra shekhar and current chief minister of andhra pradesh chandra babu naidu and having failed in this attempt, was now distorting facts and figures in favor of the bihar government in the hope of a rajya sabha seat from bihar in the elections slated to be held in july 2004 result of the press conference was that newspapers within and outside bihar carried those remarks. ..... the salary given to the chief minister is co-terminus with his office and is not paid tike other constitutional functionaries such as the president and the speaker. ..... payment of salaries to mlas or even the ministers, under a law passed and grant voted by the legislature is payment at the legislature's command and not payment by the executive government, who may be the disbursing authority. .....

Maharashtra Rajya Sahakari Sevak Mahamandal and ors. Vs. State of Maha ...

Court : Mumbai

Reported in : 1989(2)BomCR570; (1989)91BOMLR1

..... under sub-section (2) of section 69-a, a central society was to depute from time to time any person appointed by it to the cadre of secretaries to work under any society referred to in sub-section (1) of section 69-a the salary and allowance of such secretaries are payable from a fund to be established under sub-section (3) of section 69-a of the act. ..... the second basis of the petitioner's claim is that irrespective of the fact whether the said government resolution amounted to binding orders, denial to the secretaries of scales of pay and allowances enjoyed by gram sevaks in the state of maharashtra would result in discrimination against the former, inasmuch as both performed same or similar duties. ..... desai amounted to the acceptance of the petitioners' contention that the pay and allowances of the secretaries employed in these co-operative societies should be the same as those enjoyed by gram sevaks in the state of maharashtra. ..... sub-section (5) of section 69-a deals with the method of recovery in case of failure to pay contributions to the said fund.the government of maharashtra, agriculture and co-operation department, by resolution dated 12th february, 1987, purported to resolve that the categorisation of the scheme of group secretaries be cancelled from 31st march, 1987 and to introduce a new scheme with effect from 1st april 1987. ..... desai, the then state minister for co-operation, maharashtra, it is quite unnecessary to set out the reports of kore committee and dr. .....

Jitendra Nath Tripathi Vs. State of Jharkhand and Ors

Court : Jharkhand

..... a direction upon the district education officer, giridih for recovery of the amount received by the petitioner from government funds by instituting case under public demand & recovery act and for direction commanding upon respondents to allow the allow the petitioner to join on the post of assistant teacher and for issuance of appropriate writ/direction commanding upon the respondent 3 to proceed in accordance with observations/directions passed by the hon'ble high court vide order dated 05.02.2009 ..... learned counsel for the respondents, on the other hand, has supported the impugned order and has vehemently submitted that since the petitioner was working on the basis of forged appointment letter, forged transfer letter and received salary on the basis of forged lpc causing loss to the government exchequer, the matter was thoroughly enquired by the respondents by adopting the proper procedure in the departmental proceeding. ..... therefore, a criminal case was lodged against the petitioner was instituted against the petitioner for submission of forged appointment letter, forged transfer letter and received salary on the basis of forged lpc causing the loss of government exchequer the government fund. ..... beasley the court observed without equivocation that: ...no judgment of a court, no order of a minister can be allowed to stand if it has been obtained by fraud, for fraud unravels everything. 14. in a.p. ..... gar re-rolling mills and state of maharashtra v. .....

Mohansingh Tanwani and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339

..... hearing was posted to 16th of december, 2000 but, in the meanwhile, the winter session of the maharashtra legislative assembly commenced at nagpur from 27th november, 2000 and on the very next day the honourable chief minister, in a written reply, had informed the house that hearing in respect of the show cause notice issued against the municipal council, dhule under section 313 of the municipalities act was in progress and action would be taken as per law thereafter. ..... 6.1, 6.2 and 6.3 and states that the municipal council had defaulted in discharging its obligations for making payment of dues to the mseb, maharashtra jivan pradhikaran mandal and the state government as well as the payment of salaries to its employees. ..... this court in malkapur municipal council's case : air1977bom244 (supra) observed that in a democratic society it is of the essence that democratic institutions which are part and parcel of the scheme of decentralization of powers are allowed to function and not superseded on charges inadequately brought home or unreasonably accepted. ..... 80,00,000/- go towards salaries and pensionary benefits of the employees. ..... similarly a statement regarding the payment of salaries to the employees as also on record and the same is verified from the file maintained by the chief officer of the municipal council. ..... the statement shows that the regular monthly salaries during march, 2000 were paid by the municipal council. .....

M. Karunanidhi Vs. Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1979SC898; 1979CriLJ773; (1979)3SCC431; [1979]3SCR254

..... article 164(5) provides for the salary and allowances of ministers and runs thus:164 (5) the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and, until the legislature of the state so determines, shall be as specified in the second schedule.55. ..... under this provision the ministers on being appointed by the governor are entitled to such salaries and allowances as the legislature of the state may determine from time to time and until this is done, the emoluments will be such as are specified in the second schedule. ..... as however all the legislatures of the states as also parliament have already passed acts providing for the salaries and emoluments of the chief minister and the ministers the specification of their emoluments in the second schedule to the constitution have been deleted.56. ..... being in force; (vi) a person other than a government servant who is or has been the chairman of-(a) any corporation (not being a local authority) established by or under a state or provincial act and owned or controlled by the state government; (b) any government company within the meaning of section 617 of the companies act, 1956 (central act 1 of 1956), in which not less than fifty-one per cent of the paid-up share capital is held by the state government, or any company which is a subsidiary of a company in which ..... state of maharashtra [1975] supp. s.c.r. .....

Maharashtra Rajya Sahkari Sakkar Karkhana Sangh Ltd. and ors. Vs. Stat ...

Court : Supreme Court of India

Reported in : JT1995(3)SC581; 1995(2)SCALE772; 1995Supp(3)SCC475; [1995]3SCR377

..... in 1984 by the maharashtra sugar factories (reservation of areas and regulation of crushing and sugarcane supply) (second amendment) order, 1987 and it is provided that the area specified in each of the schedules and reserved for the factory mentioned in that schedule in accordance with sub-clause (1) of the clause shall be reviewed by the state government after every three years and in clause 4, sub-clause (6a) was added after sub-clause (6) which empowered the licensing authority to allow a sugar factory to manufacture ..... for instance, in the state of haryana a sugarcane central board is constituted under section 3 of the punjab sugarcane (regulation of purchase and supply) act 1953 headed by the chief minister and other high officials of the agricultural and cooperative department, the director of sugar mills etc. ..... absence of statutory provisions earmarking areas for drawal of cane it became difficult for certain factories to get adequate quantity of cane thereby affecting their obligations towards the cane growers for payment of cane price, employees and worked for payment of their salaries and wages etc. ..... the order defines 'cane grower' either as 'owner' or as a 'tenant including a body corporate such as a company registered under the companies act, 1955 (1 of 1956), a society registered under the maharashtra co-operative societies act, 1960 (mah. ..... necessity of control for sugar and fixing of price for cane is as necessary today as it was in 1.934 or 1951 or 1956. .....

Maharashtra Rajya Shetki Mahamandal Karmachari Sanghatna Vs. M.D., Mah ...

Court : Mumbai

Reported in : 2006(1)ALLMR524; 2006(2)BomCR622; [2006(109)FLR59]; 2006(1)MhLj223

..... the letter dated 16th june, 1989 (exhibit c-28) was written by the president of the complainant union to the chief minister of maharashtra and it is pointed out that by the union's own contentions, no revision in pay scales could be undertaken by the corporation unless it was approved by the state government in ..... it was a complaint under item 9 of schedule iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') and it was contended that the respondent employer failed to implement the ..... amount deposited with the registry of this court is allowed to be withdrawn with interest accrued if any on the condition that the said amount shall be utilised for payment of arrears of salary. ..... the state government employees, it was imperative for the respondent-corporation to implement the 4th pay commission recommendations from 1st january, 1986 or from any other date on par with the state government employees and failure to do so on the part of the respondents amounts to failure to implement the award/settlement and thus the act of the corporation amounts to unfair labour practice within the meaning of item no. ..... the main prayer in the complaint reads thus :to cease and resist from the aforesaid act of unfair labour practice by giving affirmative direction to the respondent to implement the ..... respondent filed the written statement and opposed the complaint contending that it did not engage in any act of unfair labour practice as .....

Maharashtra Federation of University and College Teachers Organization ...

Court : Mumbai

..... supra) on 11 may 2012, in a public interest litigation, while dealing with the ugc act, sections 12(d), 12(j) and 26(1) and maharashtra universities act, 1994 and ugc (minimum qualifications for appointment of teachers and other academic staff in university and colleges and measures for maintenance of standards in education) regulations 2010, held that regulation 7.3.0, is recommendatory in ..... the ugc, now has no specific role to play with regard to the payment of salary and all other cas benefits, as ultimately it is the respective states who are required to make ..... that candidate for being awarded phd degree will have to ensure compliance with ugc (minimum higher standards and procedure for award of phd degree) regulation 2009.330.03.2010a further directive under sec 20 issued by mhrd ministry government of india under sec 20 of ugc act, 1956; listing therein 3 clauses thus; (i) ugc shall not take up specific cases for exemption from the ..... further provided that after 4.4.2000 no candidate be appointed without net/ set and if appointed grants wont be paid.3.8.2001statement of minister of education in the assembly stating that since the government and the universities had not adopted the 1991 ugc regulations through proper legal instruments number of ..... the provision of section 8 of maharashtra universities act, 1994, the university is not empowered to revise pay, allowance, other benefits etc to teachers, employees, grant any special pay, allowance or other extra remuneration or any .....