Court : Mumbai Nagpur
..... gondia (city) police station for the offences punishable under sections 7, 13 (1) (d) read with section 13 (2) of the prevention of corruption act. seized articles were sent to chemical analyser for analysis and report. statements of pancha witnesses came to be recorded. panchanamas were prepared and after completion of investigation, ..... pre-trap panchanama from the public works department, zilla parishad, bhandara. when pancha witnesses came to the office of acb, their consent was obtained to act as panchas. they were explained the purpose of trap and given demonstration of phenolphthalein powder and sodium carbonate. pre-trap panchanama was drawn. the raiding party ..... /accused has been acquitted of the offences punishable under sections 7, 13 (1) (d) read with section 13 (2) of the prevention of corruption act, the appellant-state has preferred the present criminal appeal. 2. facts of the prosecution case are that complainant kamalkumar nagpure wanted to get his agricultural land measured .....
Tag this Judgment!Court : Mumbai Nagpur
..... pleaded and proved to invoke the aforesaid principle is that (i) the workman is holding a position of trust and confidence; (ii) by abusing such position, he commits acts which results in forfeiting the same; and (iii) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental to the discipline or security ..... to the employee despite maintaining the finding recorded by the labour court that the employer had engaged in unfair labour practice under item 1 of schedule iv of the said act. after hearing the learned counsel for the parties and after perusing the records of the cases, i am of the opinion that such course could not have been ..... and anr., 1999 i.l.l.j. supreme court of india 275. he then submitted that the jurisdiction of the industrial court under section 44 of the said act was very limited and there was no scope for interference with the finding recorded by the trial court that the enquiry was not fair and proper. he submitted that in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the lands of the petitioners would be rs.5000/- per hectare x 10 = rs.50,000/- per hectare on the date of notification under section 4 of the l. a. act. 7] these observations cannot be faulted with. even by considering all the minus factors, and considering the cost of cultivation income from each acre of the land in any circumstance .....
Tag this Judgment!Court : Mumbai Nagpur
..... circumstances so complete as not to leave any reasonable ground for the conclusion consistent with innocence of the accused and must show that in all human probability the act must have been done by the accused. 32) insofar as judgments, which are relied on by the learned additional public prosecutor appearing for the state are ..... other that the same lead to no other conclusion than guilt of the accused persons. it is further contended that on memorandum under section 27 of evidence act, blood stained clothes of the accused were seized and the chemical analyser's report shows that the said clothes were having blood stains. it is also contended ..... of accused no.1 with dhanshree and arrested both the accused immediately. according to prosecution, on the basis of memorandum of accused under section 27 of the evidence act, various incriminating articles came to be seized at their instance. on completion of investigation, a charge-sheet came to be filed in the court of judicial magistrate, .....
Tag this Judgment!Court : Mumbai Nagpur
..... 04.2007 passed by the school tribunal, allowing appeal no. stc/42/2006 filed under section 9 of the maharashtra employees of private schools (condition of service) regulation act, 1977 (in short meps act), challenging the termination of services with effect from 09.11.2006 on the basis of the charges proved against the respondent no.1 in the enquiry. the school ..... tribunal. 4. once the school tribunal records a finding that the enquiry committee was not duly constituted in accordance with the mandatory provisions of the m.e.p.s. act and the rules thereunder, the management should have been left with the discretion to hold fresh enquiry and there was no justification and propriety for the school tribunal to proceed ..... is allowed. the impugned judgment and order dated 10.04.2007 passed by the school tribunal, in appeal no. stc/42/2006 filed under section 9 of the meps act is hereby quashed and set aside. the said appeal is dismissed. rule is made absolute in these terms. no order as to costs.
Tag this Judgment!Court : Mumbai Nagpur
..... director, hill fort road, hyderabad air 1978 supreme court 1478 and by order dated 02.02.2007 dismissed the application filed under section 75 of the said act. 6. the appellant being aggrieved by the aforesaid adjudication has filed the present appeal. on 24.04.2007 the following substantial questions of law were formulated: 1 ..... that backdrop the appellant as the principal employer was liable to pay contribution. it was submitted that the demand of contribution under section 45a of the said act was made after grant of full opportunity to the appellant and there was due compliance with the principles of natural justice. in support of her submissions, the ..... information initially and make a provisional demand. in bharat heavy electricals ltd. (supra), it was observed that in proceedings initiated under section 45a of the said act an immediate employer or principal employer may show that it is not liable to pay any contribution on behalf of the employees as the establishment did not come .....
Tag this Judgment!Court : Mumbai Nagpur
..... munnibai, crime no.61/03 for offences under sections 302, 201 read with section 34 of the indian penal code and sections 3 and 4 of the dowry prohibition act was registered. the printed first information report is at exh.192. the accused were arrested under arrest panchanamas at exhs.193 to 198. statements of witnesses were recorded and ..... offences punishable under sections 302, and 498-a, 304, 201 all read with section 34 of the indian penal code, and sections 3 and 4 of the dowry prohibition act. the appellants and other accused denied their guilt and claimed to be tried. 7. prosecution, in support of its case, examined fourteen witnesses, while the defence of the ..... a homicidal death. the ligature marks on the neck of kiran could only have been sustained by her either because of suicidal hanging or in a homicidal death. since act of suicide stands eliminated, death of kiran is explainable as a homicidal death. with the finding of kirans dead body on the cot, kiran had obviously not met a .....
Tag this Judgment!Court : Mumbai Nagpur
..... communication dated 1-10-2003 issued by the corporation. however, without doing so, the authority has proceeded to pass the order under section 45a of the said act. another ground that has been weighed with said authority is the absence of any specific recording in the proceedings that were available on record. the appellant could not ..... in so far as the second substantial question of law is concerned, it was submitted that various inspections had been carried out by the authorities under the said act and all relevant documents had been produced during the course of inspection. as per the note-sheet of the aforesaid proceedings maintained by the corporation below exhibit- ..... the proceedings. after grant of necessary opportunity and after exchange of communications, the deputy director of the corporation passed an order under section 45a of the said act dated 17-8-2004. it was held that as the difference of amount remained unexplained, the dues as proposed in the notice dated 23-12-1997 were .....
Tag this Judgment!Court : Mumbai Nagpur
..... whose presence specimen handwriting of the appellant was obtained under panchanama exh.41. he has identified his signature on the panchanama exh.41. this witness has admitted that he has acted as a panch in several cases. there is nothing more than this in the cross-examination of this witness. 20. p.w.4-ramchandra bhusari has stated in his evidence ..... made before p.w.4-bhusari, psi of ramnagar police station is not admissible in evidence, the conduct of the appellant would be admissible under section 8 of the evidence act. as such we find that the prosecution evidence was flawless and there was no scope to doubt any part of the evidence adduced before the trial court. the trial court .....
Tag this Judgment!Court : Mumbai Nagpur
..... salary, gifts, pension etc., would belong to the community. proceedings for grant of compensation were filed by a charitable society under section 166 of the said act on account of the death of a brother in an motor accident. the insurance company in its written statement did not dispute the locus of the society to ..... respondent. the claim is being prosecuted only by the subsequently added claimants. 10. the locus to maintain an application for compensation under section 166 of the said act and grant of compensation based on dependency of the claimants are two distinct aspects. while it would be open for a legal representative to maintain proceedings for ..... the respondent. said haroon lost his life in the accident. the mother and brother of said haroon filed a claim petition under section 166 of the said act. the claim petition was opposed by the respondent by filing its written statement. during pendency of the proceedings, the present appellants filed an application for being impleaded .....
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