Court : Mumbai Nagpur
..... above) specifically dealing with the preparation and contents of the town planning scheme. sub-section (1) therein opens with the expressions subject to the provisions of this act or any other law for the time being in force . clause (a) therein indicates that the town planning schemes are required to be prepared for implementing ..... application for permission shall have due regard to the provisions of any draft or final plan or proposal, published by means of notice submitted or sanctioned under this act: provided that, if the development control regulations for an area over which a planning authority has been appointed or constituted, are yet to be sanctioned, then ..... which are in variation, or modification of those made in a town planning scheme, which has been sanctioned by the state government before the commencement of this act, the planning authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final development plan. in terms of .....
Tag this Judgment!Court : Mumbai Nagpur
..... of high standard and it must fit into the parameters of fairness, reasonableness, accountability and transparency so that the public trust in the councillors is preserved. any violation of an administrative instruction or guidelines of binding nature, though not resulting in any proved loss to the municipal council, would be viewed ..... state government, the municipal council would be under an obligation to respect the guidelines issued by an administrative authority appointed under the provisions of the act, 1965 regulating the exercise of contractural powers and providing a safeguard against their arbitrary exercise by the councillors. 19. learned special counsel further submits ..... disciplinary proceedings conducted against an employee. he submits that for the charge of misconduct to be proved, it must be shown that the councillors acted without any bona fides and willfully committed misdemeanor or were grossly negligent in performing their duties. he also submits that there was no charge of .....
Tag this Judgment!Court : Mumbai Nagpur
..... and regulations that promote good administration and prevent maladministration can be formulated so as to promote the efficiency of teachers, discipline and fairness in administration and to preserve harmony among affiliated institutions. at the same time it has to be ensured that even an aided institution does not become a government-owned and controlled institution. ..... of purchase tax on sugarcane and it is not applicable to levy of purchase tax on any other goods which are otherwise taxable under the finance act. the sugarcane act also provides for regulation of production, supply and distribution of sugarcane. thus, it is an enactment which is specifically meant for the control of the ..... , ss code does not emanate from state legislature as a legislation and does not deal with the primary schools or staff thereof. as against this 1977 act or act iii of 1978, in section 2(19) defines primary school to mean a school in which primary education is imparted. section 2(18) defines primary .....
Tag this Judgment!Court : Mumbai Nagpur
..... distributors, new delhi. the dictionary defines the term refrigerator? (p.1060) as a box cabinet, room, rail-road car etc. equipped with apparatus for preserving the freshness of perishable foods etc. by means of ice or other refrigerant.? it defines deep freeze?(p.335) as a refrigerator in which foods may be ..... belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act.] (5) the appropriate government may, in consultation with the corporation and [where the appropriate government is a state government, with the approval of the ..... rejected by the respondent. the appellant, therefore, preferred an application before the employees' state insurance court at nagpur under section 75 of the state insurance act challenging the demand notes. 2. the application was resisted and contested on merits by the respondent. the respondent submitted that the establishment of the appellant .....
Tag this Judgment!Court : Mumbai Nagpur
..... the jurisdiction, the said two provisions need to be looked at in their proper perspective. the said two provisions namely, section 41 of the bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions of chapter xxxi of the bombay high court appellate side rules, 1960 are designed to meet administrative requirements, and administrative ..... arisen in bombay the writ jurisdiction of the high court bench at nagpur stands abridged by reason of the provisions of section 41 of the bombay reorganisation act, 1960 (act. no.11 of 1960) read with the provisions of chapter xxxi of the bombay high court appellate side rules, 1960, we do not see how ..... matrimonial house of the husband. it is also not in dispute that she has filed proceedings for maintenance and the proceedings under the provisions of the domestic violence act, in the courts at nagpur against the respondent-husband. the respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the court at .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of maharashtra, (supra), the learned single judge of this court has considered similar provision regarding consultation appearing in section 78 of maharashtra cooperative societies act. in para 13, the learned single judge has held that consultation is not a mere formality but has to be meaningful consultation. all material relevant ..... committees. section 39k is a power to make regulations with previous approval of state government. under subsection (1) regulations have to be consistent with 1963 act or 1967 rules and for the purposes of administration of its affairs. subsection (2) is a provision which without prejudice to generality of subsection (1 ..... amravati, a.p.m.c. by district deputy registrar, cooperative societies, amravati, an opinion that if the board of directors have violated provisions of 1963 act, 1967 rules or then byelaws, district deputy registrar, cooperative societies is permitted to take appropriate decision about the same should be approved. (emphasis added). thus .....
Tag this Judgment!Court : Mumbai Nagpur
..... endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self ..... and influence of its corporate life on society in general, and in particular the objects shall be (1) to carry out its responsibility of creation, preservation, and dissemination of knowledge; (2) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the ..... also without any basis or substance. section 4 of the maharashtra universities act, 1994 sets out the objects of the university and reads as under: 4. objects of university. the objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by .....
Tag this Judgment!Court : Mumbai Nagpur
..... human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self ..... and influence of its corporate life on society in general, and in particular the objects shall be (1) to carry out its responsibility of creation, preservation, and dissemination of knowledge; (2) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the ..... also without any basis or substance. section 4 of the maharashtra universities act, 1994 sets out the objects of the university and reads as under: 4. objects of university. the objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the country. the courts' directions have immensely benefited marginalized sections of the society in a number of cases. it has also helped in protection and preservation of ecology, environment, forests, marine life, wildlife etc. etc. the court's directions to some extent have helped in maintaining probity and transparency in ..... their statutory obligations. when petitioners did approach collector and gram panchayat for redressal and those authorities ignored it, it is obvious that their refusal to act is not mere omission. even one chief executive officer of respondent no.6 zilla parishad has found all structures of respondent no.5 illegal. ..... out concerned zilla parishad ceo, councilor or panchayat members, gram panchayat members, sarpanch, secretary and employees, and also why they did not detect or report or act against the unauthorized structures coming up at nalwadi. (3)to find out concerned revenue officers and employees like collector, sub-divisional officers, tahsildar's, talathi' .....
Tag this Judgment!Court : Mumbai Nagpur
..... direct issuance of process or may postpone the issuance of process and direct either investigation by police or ask the complainant to produce his evidence before him. when the magistrate acts in accordance with the provisions of section 202 of the code, he issues the directions on taking cognizance of the complaint. the order passed by the magistrate under section 202 ..... he can dismiss the complaint. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action under section 190 .....
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