Court : Mumbai Nagpur
..... before the judgment in the case of udai shankar awasthi (supra) was rendered, hon'ble apex court in the case of national bank of oman (supra) had propounded the same law. ..... the hon'ble apex court in the case of national bank of oman (supra) has also directed (paragraph 12) that the high court, instead of quashing the complaint in such a case, should remit the matter to the concerned magistrate for passing an order afresh in accordance ..... the distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues ..... in the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all. 7. ..... support, he places his reliance upon the cases of national bank of oman vs. ..... passed on 12th january, 2015, the learned 5th judicial magistrate, first class, akola has not followed the mandate of section 202 of the criminal procedure code, which has been newly amended by the amendment act, 2005 and, therefore, the order is vitiated. ..... the territorial jurisdiction of the court of judicial magistrate has been made mandatory under the newly amended section 202 of the code of criminal procedure, which has been inserted in the code of criminal procedure by act 25 of 2005 with effect from 23.6.2006. .....
Tag this Judgment!Court : Mumbai Nagpur
..... attention to section 2 (k) of the industrial disputes act to point out how it is very widely worded and it is contended that present controversy about receipt or non-receipt of minimum wages in accordance with the provisions of minimum wages act, 1948 is definitely covered by the phrase "industrial dispute". ..... ajit kumar barat, reported at (2000) 3 scc 93, the hon'ble apex court has in para 5 held that an order issued under order 10 of industrial disputes act, is an administrative order and the appropriate government is entitled to go into the question whether an industrial dispute exists or apprehended, after its subjective satisfaction in this respect on the material on record, the ..... attention is invited to section 2 (h) of the minimum wages act,1948, to point out definition of "wage" to urge that the contractual wages being paid as per settlement dated 14.8.2006 are covered thereunder and since those wages are more, there is no question of going to section 4 ..... judgment of the hon'ble apex court in the case of national engineering industries ltd. vs. ..... employees union and ors reported at 2008 (iii) clr (bom) 160 ( division bench judgment of this court) with arguments that though judgment in the case of national engineering industries ltd. vs. ..... ble apex court in the case of national engineering industries ltd. ..... pointed out that the demand itself is contrary to law as settled by honourable apex court in national engineering industries ltd v. ..... the case of national engineering industries vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... octroi rules framed under the city of nagpur corporation act, 1948 arose and nagpur corporation contended that it can be looked into by an appellate authority which was hearing appeals under section 387 of the corporation act against the octroi demands/penalties. ..... union of india and others,[(2012) 8 scc 326], particularly paragraph nos.40 and 41, to urge that challenges of such nature can be looked into by the national green tribunal and, hence, this court should not entertain the petition. ..... section 52, enables aggrieved persons to challenge determination of benefit sharing or order of the national biodiversity authority or a state biodiversity board by filing an appeal to the high court. ..... discussion above therefore, shows that appellate jurisdiction is conferred upon national green tribunal under various enactments as stipulated in section 16, read with schedule-i of the n.g.t. ..... we therefore dismiss the preliminary objection and declare that the petitioners do not have any alternate remedy before the national green tribunal to raise its challenge in this writ petition. ..... hence, the present prayers can also be examined by the national green tribunal, as vires or subordinate legislations are to be examined in the light of parent enactment i.e. ..... thus all civil cases are not cognizable by national green tribunal, though they may arise out of implementation of schedule-i enactments, if substantial question relating to environment does not arise therefrom. .....
Tag this Judgment!Court : Mumbai Nagpur
..... specific plea in paragraph 10 of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... 'ble apex court has noted that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost complete. ..... thereafter sent another letter to the hon'ble chief minister through its local president at nagpur on 03.10.2003 and its national president wrote to the hon'ble chief minister on 08.10.2003. ..... it is the nmc functioning under the city of nagpur corporation act, 1948. ..... then chief minister wrote back to the national president intimating that necessary steps were being taken ..... change is not for individual benefit but for enabling an institution with national repute to survive more efficiently. ..... 2003, the chief minister sent suitable reply to the national president. ..... the national president also sent a personal letter to the hon'ble chief minister in his name on 08.10.2003 and sought .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion the court be necessary to effectuate the policy of the act; (c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under subsection (1) of section 20 or its right under section-23 shall be ..... all labour courts and may, (a) call for returns; (b) make and issue general rules and prescribe forms for regulating the practice and procedure of such courts in matters not expressly provided for by the act, and in particular, for securing the expeditious disposal of cases; (c) prescribe form in which books, entries and accounts shall be kept by officers of any such courts; and (d) settle a table of fees payable for process issued by ..... separate complaints were filed by all these employees under section 28 read with item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which were allowed by the labour court, nagpur, by its separate judgments and orders, granting a declaration that the termination of all these complainants amounts to such unfair labour practice and the ..... head office of the corporation is located at umrer road, nagpur, which is registered under the factories act, 1948. ..... state road transport corp. .....
Tag this Judgment!Court : Mumbai Nagpur
..... shri ghate, learned advocate for has relied on the provisions of section 2(4) and section 38b of the bombay shops and establishments act, 1948 and has submitted that the petitioner no.1/university is having more than 50 employees on its establishment and, therefore, the provisions of the act of 1946 are applicable and the model standing orders will apply mutatis mutandis and the respondents/employees having worked continuously for more than 240 ..... section 38b of the bombay shops and establishments act, 1948 lays down that the provisions of the act of 1946 (in its application to the state of maharashtra) and the rules and standing orders (including model standing orders) made under the act of 1946 will apply mutatis mutandis to all establishments wherein 50 or more employees are employed and to which the bombay shops and establishments act, 1948 applies, as if they were industrial establishments ..... (i) an industrial establishment as defined in clause (ii) of section 2 of the payment of wages act, 1936 (4 of 1936), or [(ii) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948) or] (iii) a railway as defined in clause (iv) of section 2 of the indian railways act, 1890 (9 of 1890), or (iv) [***] ? ..... view of the above, the submissions made on behalf of the respondents/employees, relying on the provisions of section 2(4) and section 38b of the bombay shops and establishments act, 1948, that the petitioner no.1/university is an industrial establishment ? .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering the fact that the appellants were claiming deemed confirmation/permanency which declaration the tribunal thought it could not give in an appeal filed under section 59 of the maharashtra universities act, 1944 and also on the interpretation of three government resolutions dated 22/12/1995, 22/05/1998 and 18/10/2001 which it felt did not grant exemption from passing net/set. ..... in my view, the learned counsel for the management shri jibhkate sought to trivialize the issue by contending that smt.karanjekar had acted in different capacities in the said enquiry inasmuch as a witness she has only deposed as regards the documents, whereas she has participated in the decision ..... sri shital prasad and sri n.l.varshney were placed in a situation where there was conflict between their duty to act as impartial and unbiased members of the quasi judicial body and their own belief which they had already expressed ..... a quasi judicial authority like that of the executive council were not judges in the ordinary sense of that term but as they were required to act judicially, they were under a duty to consider and decide the charges in an objective manner, unaffected by any prejudice or bias. ..... the deponent gave his first statement on 13th october, 1948, which was recorded by shri mohammad sadiq, deputy superintendent of police before the charge and the second statement on 25th october, 1948, which was recorded by another deputy superintendent of police ..... also passed the national education test .....
Tag this Judgment!Court : Mumbai Nagpur
..... it cannot be disputed that in order to constitute an offence punishable under section 138 of the negotiable instruments act, there are following elementary requirements : 1. ..... national panasonic india ltd. ..... 138 of the negotiable instruments act can be allowed against the drawer of the cheque, who has failed to make payment of the amount of money to the payee or to the holder in due course within 15 days of receipt of demand notice. ..... concatenation of all the above acts would constitute the offence. ..... 141 of the negotiable instruments act for the dishonored cheques, the complainant sought to prosecute accused nos. ..... [2008 (16) scale 317] observed that the proviso appended to section 138 of the negotiable instruments act has to be considered. ..... according to the learned advocate for the non-applicants, there was no question of applicability of section 141 of the negotiable instruments act which relates to the offences by the companies and in the case of a company, a person who was at the time of commission of offence was incharge of or was responsible to the company for the conduct of business of the company is by statutory fiction - considered guilty for the offence punishable under the act. ..... section 141 of the negotiable instruments act, 1881. ..... section 141 of the negotiable instruments act. ..... 138 of the negotiable instruments act. 4. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is also brought on record that the office of national research centre for citrus is such an establishment having more than 250 acres of land, having office building, laboratory, farm and nursery and there was nothing on record through defence witnesses that all the ..... 4 gopal was serving in the national research centre for citrus, amravati road, nagpur and at the relevant time, he was in his office. d.w. ..... 8 vijay is alleged eye witness and also acted as a pancha, but did not support the case of prosecution. ..... section 11 of the evidence act postulates the concept of alibi and in fact, puts more burden on the accused if such a case is put up to negate the case of prosecution. ..... 3 tarak also acted as a pancha witness for recovery of knife respectively from accused nos. ..... accused were, however, acquitted of the offences punishable under section 4 read with section 25 of the arms act and section 37 (1) read with section 135 of the bombay police act. ..... 3 tarak who is also an eye witness, acted as a pancha. p.w. ..... said recovery was under section 27 of the evidence act.13. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the period of seven years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has ..... to a conclusion that all unnecessary and redundant restrictions which distort and impede operation of market forces should be removed and based thereon, recommended deletion of cotton seed from the act, while retaining the power with the central government to add, remove or modify any essential commodity in the schedule to the essential commodity in the public interest.july 2006 : ..... ...even if (the statutory order) is passed in good faith and with the best of intention to further the purpose of the legislation which confers the power, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are ..... the protection and improvement of environment and for matters connected therewith.december 1989 :in exercise of the powers conferred by sections 6, 8 and 25 of the environment act and with a view to protecting the environment, nature and health, in connection with the application of gene technology and micro-organisms, the central government notified the .....
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