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 .....
Tag this Judgment!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
..... actio personalis moritur cum persona' depends upon the `relief claimed' and the facts of each case. by and large the industrial disputes under section 2 a of the act relate to the termination of services of the concerned workman. in the event of death of the workman during pendency of the proceedings, the relief of re-instatement, ..... judgment, the hon'ble supreme court has laid down that expanding the definition of workman as per the provisions of section 2(s) of the industrial disputes act would confer the right on the legal heir of the deceased employee to obtain appointment on compassionate grounds subject to the fulfillment of the conditions prescribed for that. ..... on compassionate grounds could not have been considered immediately after the death of shri puranlal as he was below 18 years and as per the provisions of mines act 1952 he could not have been given the employment. it is submitted that the tribunal has not considered these aspects and therefore, the order passed by it .....
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!