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
..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the ..... contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim ..... 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... 29 of the act of 2005 mainly on the ground that the summons of the divorce proceedings in the family court were served at sahakar apartment, nagpur upon ..... the act of 2005. 13 ..... the act of 2005. ..... is to provide protection to the woman/complainant speedily under the act. ..... section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent as the case .....
Tag this Judgment!