Court : Mumbai Nagpur
..... an appeal is provided before the deputy director. if it is major penalty, appeal is provided before tha school tribunal. thus in disciplinary matters the 1977 act & 1981 rules contain a self sufficient & complete code. hence, that "completeness" or nature can not be allowed to be defeated by permitting the management ..... which contemplates an opportunity to employee to explain and determination of nature & quantum of punishment as per that explanation. 8. the scheme of the 1977 act & 1981 rules therefore is provide a complete code in the matter of discipline & conduct. the management therefore can not travel beyond the procedure prescribed thereunder ..... devendraprasad jagannath singh can be conveniently referred for this purpose. 6. 1981 rules contain provisions on various subjects stipulated in s.6 & s. 16 of 1977 act. rule 1 is about short title while rule 2 contains relevant definitions. from rule 3 till rule 21, it deals with qualification & appointments/ promotions of headmaster, .....
Tag this Judgment!Court : Mumbai Nagpur
..... again this decision was rendered on examination and scrutiny of the relevant and material provisions of the statute under consideration, namely, representation of the people act, 1951, section 29 thereof and election symbols (reservation and allotment) order, 1968. therefore, the supreme court held that powers to order deregistration/cancellation ..... reads as under: 8 control of state government and universities. .... (3) the state government may in accordance with the provisions contained in this act, for the purpose of securing and maintaining uniform standards, by notification in the official gazette, prescribe a standard code providing for the classification, manner and ..... . it presents a united pattern for better governance of universities and reorganisation of higher education. one of the objects and purpose of the act is to ensure proper selection and appointment of teachers as employees, to take measures for curbing or for eradicating undesirable non-academic influences detrimental .....
Tag this Judgment!Court : Mumbai Nagpur
..... again this decision was rendered on examination and scrutiny of the relevant and material provisions of the statute under consideration, namely, representation of the people act, 1951, section 29 thereof and election symbols (reservation and allotment) order, 1968. therefore, the supreme court held that powers to order deregistration/cancellation ..... ) reads as under: 8 control of state government and universities. .... (3) the state government may in accordance with the provisions contained in this act, for the purpose of securing and maintaining uniform standards, by notification in the official gazette, prescribe a standard code providing for the classification, manner and ..... . it presents a united pattern for better governance of universities and reorganisation of higher education. one of the objects and purpose of the act is to ensure proper selection and appointment of teachers as employees, to take measures for curbing or for eradicating undesirable non-academic influences detrimental .....
Tag this Judgment!Court : Mumbai Nagpur
..... this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common ..... appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or ..... appointments made which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing lapses in .....
Tag this Judgment!Court : Mumbai Nagpur
..... this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common ..... appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or ..... appointments made which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing lapses in .....
Tag this Judgment!Court : Mumbai Nagpur
..... tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the ..... certificate and verification of such certificate and also providing for deterrent punishment for those who indulge in such illegal activity. 15. section 3 of the said act deals with application for a caste certificate, and it is reproduced below : "application for a caste certificate - "3. any person belonging to any ..... tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001)("the said act") was brought into force in the state of maharashtra on 18-10-2001 by the notification dated 17-10-2001 published in .....
Tag this Judgment!Court : Mumbai Nagpur
..... rules exhaustively deal with the matters in regard to sale and transport of liquor. the state exercises absolute power and control over these matters. thus, the act and the rules framed thereunder are a complete code. the legislature has vested the privilege with the state and has laid down the terms and conditions to ..... export, transport, sale, etc. of intoxicating drugs and sweet toddy, prohibition of possession of opium, prohibition of production of charas, etc. 7. section 49 of the act, which falls under chapter iv dealing with control, regulation and exemption, begins with a non-obstante clause and stipulates that the state shall have the exclusive right or privilege ..... division bench held that the petitioner cannot be asked to pay the license fee for that period. the court observed that section 49 of the bombay prohibition act, 1949 did not empower the authorities to demand license fee for the period for which the petitioner had not carried on business. the other division bench making .....
Tag this Judgment!Court : Mumbai Nagpur
..... crime no. 3009/2007 and issuing process for offences punishable under section 3(1) (x) and 3(1) (xi) of scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 and under sections 294, 509 of the indian penal code is set aside. the order of the revisional court dated 16.10.2010 is also set aside. rule is ..... made. it was submitted that the magistrate ought to have forwarded 'b summary' report to the special court constituted under the scheduled caste and scheduled tribes (prevention of atrocities) act. if the provisions of section 190, 193 and 209 are considered together, it can be said that the special court or the sessions court gets the matter only after ..... punishable under section 294 of the indian penal code and section 3(1) (x) and 3(1) (xi) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. the order made by the magistrate is confirmed by the sessions court in revision no. 92/2007. 3. the respondent no.2 is an advocate. his cousin sister .....
Tag this Judgment!Court : Mumbai Nagpur
..... his special knowledge regarding such facts, failed to offer any explanation which might drive the court to draw a different inference. section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge ..... gidda and another vs. state of karanataka (supra), also considers these judgments and follow this law only. in present matter, we have noted some positive acts and conduct on part of accused satish and sadhana which is incompatible with presumption of their innocence and demonstrates a deliberate attempt to suppress their complicity. these ..... have negated the case of strangulation. she also submits that as unnatural death has taken place within the matrimonial home, provisions of section 106 of evidence act are attracted. according to her, the illicit relationship between satish and sadhana is also sufficiently proved by the witnesses. 8. evidence of p.w.3 .....
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 .....
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