Court : Mumbai Nagpur
..... disproportionate to his known source of income, as the evidence was not strong enough to lay prosecution under section 5 (1) (e) of the prevention of corruption act, 1947, the competent authority might proceed against the appellant in a departmental enquiry. in furtherance thereof, the departmental proceedings were initiated against the appellant. after giving a ..... that the law makers do desire application of judicial mind to the question of even proportionality of punishment/penalty. i have said so because the industrial disputes act, 1947 was amended to insert section 11a in it to confer this power even on a labour court/industrial tribunal. it may be that this power was ..... of india and others; (supra). 20. the charge levelled against the respondent was not of misappropriation of any public fund nor due to his act or omission to do any act, the indian railways had to suffer any financial loss. the charge against the respondent was that he remained absent from the duty without there being .....
Tag this Judgment!Court : Mumbai Nagpur
..... (conduct) rules, 1967! we only observe that these conduct rules do not define what is conduct or misconduct. what type of behaviour or nature of acts/omissions are accepted and prohibited is envisaged in it. rule 9 of the discipline and appeal rules,1967 lays down special procedure in certain cases. it begins with ..... and in private capacity, though it may not constitute a misconduct as understood in labour jurisprudence, here that concept of misconduct under industrial employment standing orders act. 1946 or rules and model standing orders framed thereunder will not be relevant and need not be gone into. only question will be whether such an accident ..... noted that the delinquent employee may have been guilty of some technical offence, for instance, violation of the transport rules or the rules under the motor vehicles act, 1988, where no major penalty may be attracted. little later it has also observed that conviction of delinquent employee would be taken as sufficient proof of .....
Tag this Judgment!Court : Mumbai Nagpur
..... services (conduct) rules, 1967! we only observe that these conduct rules do not define what is conduct or misconduct . what type of behaviour or nature of acts/omissions are accepted and prohibited is envisaged in it. rule 9 of the discipline and appeal rules,1967 lays down special procedure in certain cases. it begins ..... hours and in private capacity, though it may not constitute a misconduct as understood in labour jurisprudence, here that concept of misconduct under industrial employment standing orders act. 1946 or rules and model standing orders framed thereunder will not be relevant and need not be gone into. only question will be whether such an accident ..... noted that the delinquent employee may have been guilty of some technical offence, for instance, violation of the transport rules or the rules under the motor vehicles act, 1988, where no major penalty may be attracted. little later it has also observed that conviction of delinquent employee would be taken as sufficient proof of .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the nature of dying declaration is a piece of evidence which is untested by the cross-examination. it must be proved as true and absolutely safe to act upon it after careful scrutiny thereof. it is surprising to note that the husband of the deceased ramjansha has mentioned in his evidence that his wife was totally ..... the appellant pouring kerosene on the person of the deceased and setting her on fire, nor there was any motive for the appellant to do such an heinous act without caring for the consequences to follow and even when we do not have any witness has having knowledge of the quarrel taken place between the appellant and the ..... that the dying declaration cannot be accepted as reliable, truthful and voluntary evidence. it is further submitted that there was no corroborative evidence for the trial court to act upon. learned advocate for the appellant contended that there was scope for tutoring, prompting or imagination since there was a huge time gap between the occurrence time at .....
Tag this Judgment!Court : Mumbai Nagpur
..... , its actions needed to be viewed in the light of its object, business and management. therefore, notice under section 164 in the maharashtra co-operative societies act (mcs act) to the district deputy registrar was essential. as that notice has not been issued, no suit could have been filed against defendant no. 6 and the ..... for? 2] what is the effect of not serving upon the deputy registrar, co-operative societies, a notice under section 164 of the maharashtra co-operative societies act, 1960? 3] whether the plaintiff has proved its readiness and willingness to perform the contracts? 4] whether the contracts between the plaintiff and the defendants survive ..... willingness which was prevailing on the date of institution of suit and evidenced through conduct of plaintiff thereafter, lasts throughout during the pendency of the suit. the act of plaintiff in filing present appeal and in prosecuting it by depositing amount of rs. four crore, brings on record that readiness and willingness only. he .....
Tag this Judgment!Court : Mumbai Nagpur
..... the 17th august, 2011 s.o. 1908(e). in exercise of powers conferred by sub-section (3) of section 4 of the national green tribunal act, 2010 (19th of 2010), the central government hereby specifies the following ordinary places of sitting of the national green tribunal which shall exercise jurisdiction in the area indicated ..... 323a specifically enables the parliament to legislate a law for establishment of administrative tribunal act and also provides for exclusion of jurisdiction of all the courts except jurisdiction of supreme court under article 136 with respect to disputes as referred to complaints ..... the hon'ble apex court and the high courts under article 32 and 226 of the constitution of india as was provided under the administrative tribunals act. the administrative tribunals act, 1985 was constituted under the enabling provisions of article 323a of the constitution of india. sub-clause (d) of clause (2) of article .....
Tag this Judgment!Court : Mumbai Nagpur
..... his pleadings about date of knowledge are inconsistent but, that is hardly relevant for the purpose of considering the bar under section 12[2][a] of the 1955 act. had there been a fraud or suppression, the spontaneous reaction of appellant husband and his family members would have been totally different. they would have rushed to ..... transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written statement opposing ..... that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent wife has .....
Tag this Judgment!Court : Mumbai Nagpur
..... and shall provide all police assistance to the corporation authorities to properly maintain public parking places and discharge their duties in accordance with the provisions of the act and to comply with this order.3) all shop owners/occupants are directed to take note of this order and shall comply with the directions issued herein ..... autorickshaws and cycle rickshaws parking, making the lives of the commuters and citizens miserable. all these illegal activities have also given rise to the criminal acts and have made life of women folk unsafe in night time. the nagpur railway station is one of the important railway stations of the country because of its ..... of the shop blocks. in other words the footpaths are taken over by them and used for cooking, washing utensils and throwing leftovers. due to these illegal acts, the area has become filthy and stinky and unhygienic. the road condition between jaistambh chowk to manas chowk is worst hit by traffic congestion, illegal taxis, .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. state of maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12. we find that ..... or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered : 1st. what was the common law before the making of the act, 2nd. what was the mischief and defect for which the common law did not provide. 3rd. what remedy the parliament hath resolved and appointed to cure the disease ..... on the basis of the total capital outlay incurred, although such vehicles may have enjoyed such augmentation of facilities only partially. 10. by another amendment in 2001 vide act no. 17 of 2001, a further amendment was made to the said section so as to permit the construction of bridges and development projects on built, operate and .....
Tag this Judgment!Court : Mumbai Nagpur
..... the civil judges are appointed in the district and all of them are subordinate to the district judge who is a head of that civil district. bombay civil courts act does not contemplate an appointment of a civil judge for a particular taluka. if the provisions of these two sections are examined, it will be clear that judges are ..... of any right or interest in the immovable property directly. what he had sought basically was declaring the bill to be arbitrary and illegal and restraining the respondent from acting upon such a bill by disconnecting the supply of electricity to the stone crushing unit. any threat of discontinuation of electricity supply to the unit would have had a ..... consideration by an appellate court, unless there has been a prejudice on the merits. the hon'ble apex court further held that under section 11 of the suits valuation act, the decrees are liable to be interfered with in an appellate court on the ground of over-valuation or under-valuation, not in all cases and as a .....
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