Court : Mumbai Nagpur
..... submission of the learned counsel for the petitioner that as interim maintenance was being paid in proceedings under the domestic violence act, 2005 the same need not have been directed in the present proceedings also cannot be accepted. ..... he then submitted that in proceedings under the domestic violence act, 2005 an amount of rs.5000/- each per month was directed to be paid to the children ..... opposing said application and took the stand that an amount of rs.33,00,000/- had already been paid by him to the respondent and that an order of interim maintenance had already been passed in proceedings under the domestic violence act. ..... while considering an application for appointment of guardian, if it is found at an interlocutory stage that the welfare of the minor requires an amount be made available for being paid to the minor with a view to protect the person of the minor and his/her interests, such power would be available with the court. ..... provisions of section 12 of the said act grant power to make an interlocutory order in the matter of production of the minor and interim protection of person and property of the minor. ..... to him, the power to make certain interlocutory orders have been conferred by section 12 of the said act and they are only in relation to production of the minor child and interim protection of the person or property of the minor. ..... in this regard, he sought to draw support from the recommendations of the law commission of india and the proposed amendment to the said act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... dangre as enquiry officer, the first sitting took place on 11.12.2005 in his office at nagpur and thereafter on 19.12.2005, 20.12.2005, 11.2.2006, 7.2.2006, 1.3.2006, 8.3.2006, 18.3.2006, 25.3.2006, 8.4.2006, 11.5.2006, 21.5.2006, 10.6.2006, 3.3.2007 and 10.3.2007 on which dates management closed its evidence and, thereafter, from 10.4.2007, the delinquent and his witnesses were examined and cross-examined till 30.7.2007 ..... holding a domestic enquiry for certain acts of misconduct, if not a criminal trial, is certainly akin to a trial for proving charges ..... is a further submission made by him that even the deemed confirmation spoken of in paragraph nos.4 and 5 of the statute 53 cannot be read de hors the mandatory requirement of possessing net/set qualification and that is why even if there is a protection extended by government resolution dated 22.12.1995, the same may continue to apply till their retirement but when it comes to examine the legal status in the meaning of the said provisions, the learned single judge erred ..... sorts if the services of the said teacher are allowed to be terminated without prior permission of the university as required by statute 53 (3) and it would lead to an anomalous situation wherein on the one hand the state government deems it fit to protect the services of a teacher till his or her retirement despite lack of net/set, and on the other hand on interpretation of statute 53, the management is allowed to terminate his services without prior permission .....
Tag this Judgment!Court : Mumbai Nagpur
..... dangre as enquiry officer, the first sitting took place on 11.12.2005 in his office at nagpur and thereafter on 19.12.2005, 20.12.2005, 11.2.2006, 7.2.2006, 1.3.2006, 8.3.2006, 18.3.2006, 25.3.2006, 8.4.2006, 11.5.2006, 21.5.2006, 10.6.2006, 3.3.2007 and 10.3.2007 on which dates management closed its evidence and, thereafter, from 10.4.2007, the delinquent and his witnesses were examined and cross-examined till 30.7.2007 ..... holding a domestic enquiry for certain acts of misconduct, if not a criminal trial, is certainly akin to a trial for proving charges ..... is a further submission made by him that even the deemed confirmation spoken of in paragraph nos.4 and 5 of the statute 53 cannot be read de hors the mandatory requirement of possessing net/set qualification and that is why even if there is a protection extended by government resolution dated 22.12.1995, the same may continue to apply till their retirement but when it comes to examine the legal status in the meaning of the said provisions, the learned single judge erred ..... sorts if the services of the said teacher are allowed to be terminated without prior permission of the university as required by statute 53 (3) and it would lead to an anomalous situation wherein on the one hand the state government deems it fit to protect the services of a teacher till his or her retirement despite lack of net/set, and on the other hand on interpretation of statute 53, the management is allowed to terminate his services without prior permission .....
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