Court : Mumbai Nagpur
..... duty of every citizen of india (a) to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of india; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the ..... of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation; in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. ..... these fundamental duties inserted in the constitution, to our mind, are largely complimentary with 'fraternity', 'unity' and 'integrity' of nation and for creating a bond of the brotherhood amongst the people having different religion, creed, caste, race and language in the various states of ..... the following are the grounds raised in these writ petitions: (i) section 7 (2) (p) of the payment of wages act, 1936 (hereinafter referred to as the act ) provides for deductions to be made with written authorisation of the employed person for making contribution to prime minister's national relief fund. ..... jawaharlal nehru in january, 1948, with public contributions to assist displaced .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees ..... growing importance since the middle of the 19th century has been the rapid urbanisation, industrialization and mechanization of our modern every day life in the leading nations of the world, and the consequent wider recognition of the advantages of sobriety in safeguarding public order and physical efficiency. ..... been taken by the courts in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong or public injury. ..... state government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this act: provided that the state government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. ..... madras, prohibition was inaugurated on 2nd october 1948, by the premier, the hon'ble .....
Tag this Judgment!Court : Mumbai Nagpur
..... in all these cases since in fact the enquiry was held at nagpur, acting as a quasi-judicial authority, the enquiry officers were bound to first obtain the consent of both the sides in writing for such a change if the enquiry officers wanted to change the venue for their convenience or convenience of ..... ) in roop singh negi...versus...punjab national bank and others, reported in 2009 (2) supreme court cases 570 the hon'ble apex court in paragraph no.14 held thus: ..... if so authorised by the management, and one member is to be nominated from amongst the employees of any private school and the third member to be chosen by the chief executive officer from the panel of teachers on whom state/national award has been conferred. ..... not in accordance with the mandatory provisions, the tribunal and the learned single judge and also the division bench of the high court have committed a serious error in accepting the said report and acting on it and thereby ordering the reinstatement with back wages. ..... although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied ..... holding a domestic enquiry for certain acts of misconduct, if not a criminal trial, is certainly akin to a trial for proving ..... 1 or anybody acting thereunder has not sought any permission of the respondent ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in all these cases since in fact the enquiry was held at nagpur, acting as a quasi-judicial authority, the enquiry officers were bound to first obtain the consent of both the sides in writing for such a change if the enquiry officers wanted to change the venue for their convenience or convenience of ..... ) in roop singh negi...versus...punjab national bank and others, reported in 2009 (2) supreme court cases 570 the hon'ble apex court in paragraph no.14 held thus: ..... if so authorised by the management, and one member is to be nominated from amongst the employees of any private school and the third member to be chosen by the chief executive officer from the panel of teachers on whom state/national award has been conferred. ..... not in accordance with the mandatory provisions, the tribunal and the learned single judge and also the division bench of the high court have committed a serious error in accepting the said report and acting on it and thereby ordering the reinstatement with back wages. ..... although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied ..... holding a domestic enquiry for certain acts of misconduct, if not a criminal trial, is certainly akin to a trial for proving ..... 1 or anybody acting thereunder has not sought any permission of the respondent ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. .....
Tag this Judgment!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
..... an impression that maximum punishment being of only 7 years of imprisonment, the offence has been alleged to be committed in respect of the tiger, a wild animal specified in schedule one and was committed in a national park, the offence was not so serious and, therefore, only two factors, namely, possibility of not being available for trial and thwarting the course of justice, if granted bail, were relevant and accordingly considered ..... but, once it is found by following a consistent view that the range forest officer is not a police officer, a confession made before the range forest officer would not be a confession under section 25 of the evidence act and would at best be akin to an admission or former statement of a witness suggesting an inference as to a fact in issue or relevant fact and, therefore, it can be read as a statement against the co-accused, as long ..... in the crime are very high, the lure of money and thrill of the act become too powerful to be reined in by moorings of sons, who are grown ..... vegetation, maintaining hydrological balance, protecting human society from natural disasters, soil erosion, maintaining medicinal plant and genetic diversity, playing a pivotal role in maintaining water cycle and acting as rich sources of pure air and water for the mankind. ..... that the confessional statements made by the accused in forest or wild life offences are not hit by section 25 of the evidence act as a forest officer is not a police officer within the meaning of section 25. .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees ..... growing importance since the middle of the 19th century has been the rapid urbanisation, industrialization and mechanization of our modern every day life in the leading nations of the world, and the consequent wider recognition of the advantages of sobriety in safeguarding public order and physical efficiency. ..... been taken by the courts in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong or public injury. ..... state government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this act: provided that the state government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. ..... madras, prohibition was inaugurated on 2nd october 1948, by the premier, the hon'ble .....
Tag this Judgment!Court : Mumbai Nagpur
..... to compensation payable to victims of motor accidents , those who are deprived of their lands and similar matters needs to be frequently revisited keeping in view the fast changing societal values , the effect of globalization on the economy of the nation and their impact on the life of the people. 9. ..... strict proof of fir, inquest panchanama, post-mortem notes,death certificate is not required as in a criminal trial as the act has beneficial and social welfare object to adequately compensate victims of motor vehicle accidents. ..... simple interest payable under section 171 of the motor vehicles act from the date of petition 17-01-1995 till full payment = required to be paid as just and fair compensation (inclusive of no-fault liability paid). 12. ..... national insurance co. ..... national insurance company limitedreported in 2012 (5) mah. ..... thus, a sum of rs.6,10,000/- was awarded as compensation inclusive of the sum awarded as no fault liability under section 140 of the motor vehicles act, 1988. 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the tribunal or the court to award just, equitable, fair and reasonable compensation irrespective of the amount claimed in such cases bearing in mind the social welfare objective of the motor vehicles act to adequately compensate the victims of the motor vehicle accidents or their family members who are rendered helpless, aggrieved and disadvantaged by untimely demise of earning member of their family i.e. ..... order it is desirable that the portion of the capitalized compensation ought to be invested in such manner in the valuable security such as fixed deposit in any nationalized bank so as to fetch regular recurrent income for the subsistence of the aged and poor, needy claimants in the case. ..... air 2009 supreme court 3104 as also ruling relied upon in santoshdevi v/s national insurance company limited and others, reported in (2012) 6 supreme court cases ..... , reported in air 2009 supreme court 3104 as also making reference to ruling in santoshdevi v/s national insurance company limited and others, reported in (2012) 6 supreme court cases 421, to argue that even in cases of self-employed victims, increases in their income prospectively ought to be considered by the tribunal ..... amount would include the amount awarded under section 140 of the motor vehicles act as no fault liability for which compensation at interim stage was granted. ..... of 18 even in accordance with statutorily predetermined structured formula in the second schedule with reference to section 163-a of the motor vehicles act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioner stated that the minister, water resources department was considering the demand of the petitioner, however, power project being of national importance and due to the fact that the respondent was in a position to exercise economic duress on the petitioner, the petitioner agreed to execute agreement by paying irc of rs.50,000/- per hectare with an undertaking on ..... known preconditions for the operation of the doctrine: (1) a clear and unequivocal promise knowing and intending that it would be acted upon by the promisee; (2) such acting upon the promise by the promisee so that it would be inequitable to allow the promisor to go back on the ..... of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under that provision ..... scc 457, at page 465 : such questions of fact attracting article 14 to establish that the state, acting in its executive capacity through its officers, has discriminated between parties identically situated. ..... relations, the state and its instrumentalities are enjoined with the obligations to act with fairness and in doing so, can take into consideration only the relevant ..... nature of power wielded the government is bound to wield that power provided it possessed such power and has promised to do so knowing and intending that the promisee would act on such promise and the promisee has done so: (godfrey philips india ltd. .....
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