Court : Mumbai Nagpur
..... order of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? by subsequent amendment introduced by the maharashtra act no.ix of 2012, brought into force with effect from 14-5-2012, the words shikshansevak? in section 5 were replaced by the words assistant ..... of education has taken a contrary stand in his affidavit dated 15-4-2014, which is also not in conformity with the government resolution dated 10-6-2005, referred therein. the protection under rule 26 is in respect of giving the respondent no.1 three months' notice of retrenchment, following the principle of seniority ..... rules upon his retrenchment from service on account of reduction in the number of classes or divisions? question no.(1) : 15. the government resolution dated 10-6-2005 is in respect of implementation of the revised scheme of shikshan sevak in private aided secondary/higher secondary schools, junior colleges, b.ed. colleges, and military schools .....
Tag this Judgment!Court : Mumbai Nagpur
..... of their ownership, was mortgaged with respondent no.1 bank for disbursement of principal loan amount of rs. 15 lacs. though the memo of writ petition has been amended later, these portions have been retained as it is. they have stated that they have continued in possession and enjoyment of that property. petitioner had sought loan on ..... also attempts to point out that subject property was never mortgaged by the petitioner with the central bank of india. 5. our attention is invited to pleadings as amended to show that story of bank of equitable mortgage is unsustainable as document relied upon by the bank does not show that any equitable mortgage as such, was ..... second schedule ii of the income tax act, as such there is no scope for considering the guidelines laid down by the hon'ble apex court unless and until some lacunae or vacuum is pointed out in existing procedure. (2005) 4 scc 456 (karnataka state industrial investment and development corp. ltd. vs. cavalet india ltd and others), is .....
Tag this Judgment!Court : Mumbai Nagpur
..... penal statutes of the states in u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following cases impose the ..... and have treated a young girl of 19 years in the most brutal, cruel and dastardly manner. would the society not expect such depraved act to be dealt with in a stern manner. we also cannot ignore the recent amendments brought to the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... safely be concluded that the deceased was last seen together with the accused between 3.00 to 3.30 a.m. in the midnight of 17 to 18 december, 2005. the dead body was discovered immediately thereafter in the morning after p.w.4 sanjay mankar had noticed blood stained clothes of the deceased in his farm. it will .....
Tag this Judgment!Court : Mumbai Nagpur
..... and when words are very clear and there is no obscurity and ambiguity, there is no scope for the court to innovate or take upon itself the task of amending or altering the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separates the adjudication from legislation and cautioned ..... the maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificates act, (act no. 23 of 2001). 6. he has relied upon a judgment in the case of union of india vs. dattatray namdeo mendhekar and ors., reported at (2008) 4 ..... to the contrary are looked into by the full bench of this court. the judgment in the case of bank of india vs. avinash mandvikar, reported at air 2005 scc 3395, is looked into and observations of the hon'ble apex court in para 6 are noted. the employee there had put in three decades of service and .....
Tag this Judgment!Court : Mumbai Nagpur
..... for hearing etc., was undertaken in october, 2012. the petitioners thereafter collected documents etc., obtained information and then filed the petition. these averments are made in amended para 13-b of the petition and we are satisfied that the petition does not suffer from delay and laches on the part of petitioners even on facts. ..... through core projects, amravati, the agency that was employed as per the agreement as aforesaid. reliance is also placed on standing instruction no. 36 dated 29th december, 2005, issued by the directorate of municipal administration, mumbai, as to the procedure for the tender process wherein it is stated that the duties provided by section 49 of ..... assessment book prepared properly. we cannot accept this argument. if the municipality fails in its initial duty to act in terms of r. 9 (b) it does not lie in its mouth to say that any irregularity, however, patent on the face of it, is open to correction. moreover, the methods of correction in this regard are .....
Tag this Judgment!Court : Mumbai Nagpur
..... is, therefore, apparent that the management had an opportunity even at that occasion to amend its reply suitably and place on record the material to justify its action of not only appointing the respondent no.3 on temporary basis, but also that ..... tribunal is decided to decide the matter afresh in the light of different judgments pressed into service before this court. hence, we partly allow the instant letters patent appeal. all adverse observations/findings against the present appellants are set aside. the school tribunal to consider the entire challenge afresh in accordance with law.? it ..... 1997 preferred by the respondent no.3 before the school tribunal under section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (meps act?). 4. the school tribunal has accepted the contention of the respondent no.3 that his appointment was made in the manner prescribed for filling in .....
Tag this Judgment!Court : Mumbai Nagpur
..... -6- 2016, 29-6-2016 and 30-6-2016. as to substantial question of law at serial no.(i) dated 3-10-2005: 5. before this court, it is conceded by both the parties that it would be permissible for the appellant-defendants to establish that ..... favour of the plaintiffs, was maintained by dismissing the appeal. 4. this appeal was admitted by this court on 3-10-2005, framing the following two substantial questions of law: serial nos.substantial questions of lawfindings(i)whether the courts below have erred in ..... survive. as to substantial questions of law at serial no.(ii) dated 3-10-2005 and at serial no.(i) dated ..... that even if the said act applies, leading of such evidence would be permissible to the extent provided under sub-section (3) of section 4 of the said act. in view of this, the substantial question at serial no.(i), framed on 3-10-2005, does not at all .....
Tag this Judgment!Court : Mumbai Nagpur
..... . 8. ansal properties and industries ltd. vs. state of haryana and others: (2009) 3 scc 553. 9. devasahayam (dead) by lrs vs. p. savithramma and others: (2005) 7 scc 653 10. poonamchand bansidhar vs. ramprasad sarda and another: air 1969 m p 44. 11. state of rajasthan vs. rao raja kalyan singh : air 1971 sc 2018." ..... stated, the appellant/tenant himself took a stand before the rent controller that rupabai was not the landlady or her sale deed was nominal, fraudulent etc. and acting on his objection, the rent controller dismissed the application. it is not that the rent controller on his own dismissed the application without any objection from the appellant ..... this court. according to mr. bhangde, the concept of forfeiture of tenancy cannot be hastily pressed into service without looking into the protection under the rent control acts, as discussed in various judgments of the honble supreme court. (vi) the lower appellate court committed an error in holding exh. 68/leasedeed as not admissible .....
Tag this Judgment!Court : Mumbai Nagpur
..... all complaints filed under s. 28 r/w sch. iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971hereinafter 1971 act, entitlement to benefit of clause 4c of mso was specifically added by amendment and the respondent municipal councils have also replied to it. their only defence as mcsr applies, cl. 4c of mso cannot ..... clause 32 of the mso did not arise for consideration before the hon'ble apex court. 18. reference to mahendra l. jain v. indore development authority and ors., (2005) 1 scc 639, is warranted here in some details. the petitioners before the hon. apex court learnt of the existence of the vacancies in the respondent authority and ..... (1996) 2 scc 293, and distinguished it after noticing that the 25 workmen in that matter were kept as casuals for long years. the other judgment reported at 2005 i clr 604 sc, in the case of union of india and others vs. ramchander and anr., is also considered in paragraph 34 to note that sufficient work was .....
Tag this Judgment!Court : Mumbai Nagpur
..... this is an application under section 543(1) of the companies act, 1956. as the original records of the company were stated to be misplaced, this court had ordered filing of f.i.r. to trace out the same. accordingly as per orders of this court dated 18.02.2005, f.i.r. was lodged, and ultimately it is not ..... basis of which the chartered accountant has given his opinion and thereafter to address the court. adv. madkhalkar, appearing for some members of mohta family in application no.38/2005, seeks discharge of immovable property namely 'marble house' from the proceedings. according to him, funds with official liquidator are in excess and all liabilities can be satisfied ..... a unreported judgment in company application no.16/1972 in company petition no.5/1996 between official liquidator, high court vrs. m/s. nathmal kisanlal and others on 18.11.2005. in paragraph 6(h) and in paragraph 7, i have observed as under: h. in official liquidator .vrs. ragghawa desikachar, reported at 1974 (2) scc 741, .....
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