Court : Mumbai Nagpur
..... in hilly area. 11. concept of village is in maharashtra land revenue code, 1966, while the concept of block can be found in maharashtra zilla parishad and panchayat samities act, 1961. as per s.4 of the land revenue code, the state government by notification in official gazette specify the districts which constitute a division, the subdivisions which constitute ..... defines village to include a town or city and all the land belonging to a village, city, town. s.2(3) of the maharashtra zilla parishad and panchayat samities act defines block to mean such local area in a district as the state government may by notification declare to be block under s.5. as per s. 4, the districts ..... formed under land revenue code are recognised to be the districts also for zp act. s. 5 stipulates that for the purposes of zilla parishad act. 12. perusal of appendix 2 with the gr dated 28.1.2010 shows that state recognizes talukas i.e. tahsils of chikhaldara and dharni .....
Tag this Judgment!Court : Mumbai Nagpur
..... passed by the learned additional sessions judge7, nagpur. the applicant was accused in criminal case no.16057 of 2009 for the offence punishable under section 138 of negotiable instruments act. he has been convicted for the said offence and has been sentenced to suffer simple imprisonment for one month and to pay rs.15,00,000/- by way of compensation .....
Tag this Judgment!Court : Mumbai Nagpur
..... govern and regulate night schools. these provisions are not challenged by the employer at all.8. it therefore follows that provisions like section 4 of 1977 act regarding terms and conditions of service of employees of private schools is squarely attracted in present matters and teaching as also nonteaching staff in night school enjoys ..... setting aside the termination of both the teachers call for any interference in two petitions filed by employer. though the petitions contain a ground that the 1977 act and the 1981 rules do not apply to night school, employer management could not point out why and how the negation of said contention by school tribunal ..... for regular headmaster. about the other staff or assistant teacher, the rules are silent. he has invited attention to secondary school code and to the 1977 act read with the 1981 rules to demonstrate that said provisions recognize night school establishment and confer status of permanency upon its employees. part time recognition is due .....
Tag this Judgment!Court : Mumbai Nagpur
..... sub-mission of budget estimates are some of the powers which the charity commissioners are entrusted with under madras and orissa acts and english act (charities act, 1960). the charity commissioners were judicial officers of the status of district judges who were already enjoying some of the powers under ..... not be possible to effectively supervise the administration and management of the public trusts. such powers were found in madras and orissa acts and the recent act called the charities act, 1960, enacted by the british parliament. inherent powers, power of removal and dismissing the trustees, appointment of receiver, injunction, ..... importance. charity commissioner as constituted there under is not a quasi-judicial authority but has substantial administrative functions and also some legislative powers. bpt act contains important procedural checks to see that trust does not deviate from desired path. when various provisions construed as conferring quasi-judicial powers are .....
Tag this Judgment!Court : Mumbai Nagpur
..... of lanka (supra) and appearing in paragraph 29, which are reproduced thus : ........whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the ..... for the respondents. the hon'ble apex court has laid down that while considering application for condonation of delay under section 5 of the limitation act, 1963 the courts do not enjoy unlimited and unbridled discretionary powers. it has further held that the discretion has to be exercised in a systematic ..... further questions are: what the appellants did after the certified copies of the judgment and decree were delivered to them on 15.2.2010? whether they acted thereafter with sufficient promptitude or whether they were negligent and allowed the rights acquired by the respondents to be consolidated and finalized. 6. in order to .....
Tag this Judgment!Court : Mumbai Nagpur
..... the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. the petitioner stated various reasons, some ..... be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. the learned senior counsel relied on the judgment reported in 2012(4) mh.l.j. 1 (jeevan ..... the aghadi was in existence nor could the divisional commissioner have recognised the respondent no.3 as a leader of the nationalist congress party. the provisions of the act and the rules were not considered, so also the facts of the case were not looked into by the divisional commissioner while passing the impugned order. as .....
Tag this Judgment!Court : Mumbai Nagpur
..... which is done suddenly and in the heat of passion caused by provocation is done impulsively and at a time when there is a temporary suspension of reason and an act so done is not controlled or planned or perceived or deliberated. the impact of provocation on human frailty is to be judge in the context of the social position and ..... death of manish is not murder? :- 12. section 299 of the indian penal code defines culpable homicide. it reads as under :- "299. culpable homicide :- whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by ..... 8) are the eye witnesses in respect of the assault made by the accused no.1 on deceased manish. ravi thakare (pw 4) is the witness who deposed about the acts of accused no.2 rubina and accused no.3 jamilabegum for proving the offence punishable under section 201 of the indian penal code against them. 7. pw 3 pritam in .....
Tag this Judgment!Court : Mumbai Nagpur
..... to ignore its binding judgment. it is, therefore, apparent that appreciation of law, as laid down in s.k.f. india ltd. [supra] by the apex court needs to be acted upon and implemented by this court. thus, the question sought to be raised is already conclusively answered and cannot be treated as a substantial question of law at all. moreover ..... interest which, as stated above, is charged to compensate the department for loss of revenue. be that as it may, as stated above, the scheme of section 11a of the act has since undergone substantial change and, in the circumstances, in our view, the judgment of this court in the case of m.r.f. ltd. [supra] has no application to ..... facts involved therein are also not very clear. the orders impugned in w.p. no. 3389/07 are not challenged in appeal under section 35(g) of the central excise act. scope of consideration of challenge in writ petition in such appeal is bound to be different. in the absence of narration of exact challenge in w.p. no. 3389/07 .....
Tag this Judgment!Court : Mumbai Nagpur
..... of seeds is bound to be one-sided, blotched and coloured to the prejudice of the vendor-accused, thereby sabotaging the very rationale of section 16(2), seeds act of providing satisfaction and proper defence to vendor-accused as held by hon'ble apex court in municipal council, delhi vs. ghisa ram (supra). therefore, the ..... of charandas vallabhdas mariwala and others (supra), cannot be allowed to be defeated by delay in launching of prosecution against vendor-accused. section 16(2), seeds act requires vendor-accused is given an opportunity after institution of prosecution against him to get the seed sample in his charge retested through intervention of the court by ..... upon the vendor-accused to get sample tested from the central seed laboratory is exercisable not before but after the institution of prosecution against him under the seeds act and for asserting his right all that required is to make an application in that behalf to the prosecuting court. upon receipt of such an application, .....
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 .....
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