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
..... 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
..... 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
..... determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an ..... and meat. the footpath would be utilized by such vendors and serious embarrassment would be caused to the residents and particularly to women and children. there is bal hanuman temple in the vicinity and there is also establishment of the provident fund commissioner. it appears that the appellant had already been warned by the nagpur ..... the vicinity. there is nuisance also because people park their vehicles and then visit the bar. the bar is functioning even beyond mid night. there is a bal hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an ..... and meat. the footpath would be utilized by such vendors and serious embarrassment would be caused to the residents and particularly to women and children. there is bal hanuman temple in the vicinity and there is also establishment of the provident fund commissioner. it appears that the appellant had already been warned by the nagpur ..... the vicinity. there is nuisance also because people park their vehicles and then visit the bar. the bar is functioning even beyond mid night. there is a bal hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... superintendent of the public hospital on the ground that he is medically unfit because of that particular disability. 15. section 47 of the persons with disabilities act, 1995 reads as under:- section 47. non-discrimination in government employments -(1) no establishment shall dispense with, or reduce in rank, an employee ..... the departments/public sector undertakings, government companies declaring that the nonobservance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/ public sector undertakings/ government companies, responsible for the proper and strict implementation of reservation for persons ..... ; and (vi) to make special provision of the integration of persons with disabilities into the social mainstream. 11. though the persons with disabilities act 1995 has been enacted and is enforced since 1st january 1996 it has been consistently noticed by the courts that there has been constant attempt by .....
Tag this Judgment!Court : Mumbai Nagpur
..... the owner of the vehicle, i.e. respondent no. 4, did not take care to discharge his responsibility, as envisaged in section 5 of the motor vehicles act. he, therefore, submits that the insurance company has proved the fact that the vehicle was driven without permission of the owner. 6. learned counsel for respondents 1 ..... pay compensation on account of breach of policy conditions? 5. learned counsel for the appellant relying upon the provisions of sections 3 and 5 of the motor vehicles act, 1988 submitted that the insurance company has established breach of conditions of policy in this case and, therefore, the tribunal ought not to have fastened any liability ..... driving of the scooter by respondent no. 5, which was owned by respondent no. 4. therefore, they filed an application under section 166 of the motor vehicles act, 1988 claiming compensation for the loss occurred to them due to accidental death of their family provider. 3. the application was contested by the appellant as well as .....
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