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
..... 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
..... e., weapon like sword or then recoveries like alleged blood stained cloths of accused persons or then discovery of weapons from them under section 27 of the evidence act can be said to be conclusively established. in the light of these findings and observations supra, this ca report ceases to be a clinching circumstance. 35. ..... also biased and against accused persons. the police have carried out investigation in most casual manner and the way in which three statements under section 27 of the evidence act have been recorded simultaneously, allegedly in police station in the presence of the very same panch witnesses, speaks for itself. pw7 investigating officer bhaiyalal thakre, ..... rs. 5000/- or in default, to suffer si of three months. all 6 accused have also been acquitted of offence under section 135 of the bombay police act. criminal appeal no. 268 of 2004 is directed against this acquittal, and all 6 accused are party respondents therein. accused no. 2 nilkanth assails his conviction .....
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
..... the case of star wire(india) ltd. (supra) reveals that encumbrance created by owner after publication of notification under section 4(1) of the land acquisition act is not binding on the state government and subsequent purchaser have no right to challenge the legality of acquisition proceedings. this law is reiterated in other judgments ..... that the period of five years has expired. according to him, the landowners (the petitioners) have not filed any proceedings under section 18 of the land acquisition act and, therefore, no proceedings for enhancement of compensation were pending with the reference court or before any court. as such proceedings were not pending, the municipal ..... learned a. g. p appearing for respondents no. 1 and 2 are strongly opposing the contentions. they submit that proviso to section 24(2) of the act of 2013 is relevant in the present matter and even in worst case the proceedings cannot lapse. however, they urged that this court while exercising an extraordinary .....
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 .....
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
..... 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
..... 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
..... 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 .....
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