Court : Mumbai Nagpur
..... the allegations made against applicants were actuated by mala fides and spite on the part of complainant pradeep as he wanted to teach a lesson to these applicants for their act of indiscretion in lodging f.i.r. against his brother pravin, he himself, his parents and sister in crime no. 107/05. it is surprising that although adhiraj ..... , as contained in the charge-sheet filed on behalf of c.i.d., amravati, i find that when upon detailed investigation made into that crime and also the alleged acts of misconduct of the investigating officers, who were initially entrusted with the investigation, the c.i.d. had come to a conclusion that there was absolutely no evidence available ..... .2007 before the court of j.m.f.c. amravati. (f) during the course of investigation of crime no. 107/05, c.i.d. had also found certain objectionable acts committed by the investigating officers, namely one mufizmiyan b. deshmukh, the then p.i. of nandgaonpeth police station and one kashinath y. apar, the then p.s.i. of .....
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
..... 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
..... . the plaintiff invoked jurisdiction of the small causes court by contending that the hoardings in question were premises within the meaning of section 7(9) of the maharashtra rent control act, 1999. 4. during pendency of the suit, the plaintiff had sought relief of temporary injunction so as to restrain the defendant from disturbing its activities in relation to the hoarding .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: 1. Heard. Admit. Heard finally by consent. 2. Considering the specific defence taken by the applicant and also his denial of sending of letter containing alleged admission on his part vide Ex.49, I am of the view that the application filed by the applicant praying for sending of the cheque vide Ex.41 and the document vide Ex.49 for examination by Handwriting expert, ought to have been allowed by the trial Court. Dismissal of this application has resulted in denial of fair trial as held by the Hon'ble Apex Court in the case of Kalyani Baskar (Mrs.) v. M.S. Sampoornam (Mrs.) reported in (2007) 2 SCC 258 and T. Nagappa v. Y.R. Murlidhar reported in 2008 ALL MR (Cri) 1945 (SC). 3. Right to adduce evidence including that of report of Handwriting expert is a valuable right and if such right is denied, it would lead to denial of fair opportunity to the accused to defend himself and ultimately he would be deprived of fair trial in the case. 4. The applicant/ accused in this case...
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
..... scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificates act, 2000 (act no. 23 of 2001) and he gazette rules framed therein, the competent authority to issue a caste certificate is the sub-divisional officer having jurisdiction ..... nomadic tribes, other backward classes or special backward category for verification of the caste certificate and to perform the function of scrutiny committee under this act; from above provisions, it is clear that the caste certificate has to be issued and the authority doing so is the competent authority. the ..... may be specified in the said notification and shall include all the competent authorities already designated by the government before the coming into force of this act, having jurisdiction over the area or place to which the applicant originally belongs, unless specified otherwise; (k) scrutiny committee means the committee or .....
Tag this Judgment!Court : Mumbai Nagpur
P.N. Deshmukh, J. 1. All these first appeals can be conveniently disposed of together as they are arising out of common judgment and order passed by the Chairman, Motor Accident Claims Tribunal, Amravati, in Motor Accident Claim Petition (MACP) No.143 of 2007 and M.A.C.P. No.413 of 2008 filed by parents, wife and daughter, respectively, of deceased Rajendra Verma, whereby the total compensation awarded is Rs.10,33,500/-, inclusive of 'no fault liability' with interest at the rate of Rs. 8% per annum from the date of petition till its realization. Out of said amount, Rs.1,00,000/- and Rs.2,00,000/-, respectively, are ordered to be paid to the parents of deceased while remaining amount along with interest is ordered to be equally paid to the widow and daughter of deceased. 2. First Appeal No.250 of 2012 is filed by the parents Damodhar Verma, aged 65 years, and Sau.Sunita Verma, aged 60 years of deceased Rajendra, while no appeal is preferred by the widow and daughter of the deceased. Fi...
Tag this Judgment!Court : Mumbai Nagpur
..... period of limitation. if the court finds that the proceedings have been filed beyond the period of limitation, then in view of the provisions of section 3 of the limitation act, 1963 the suit would be required to be dismissed. in such contingency, there would be no occasion to consider the rival claims and record any findings on merits. it is .....
Tag this Judgment!Court : Mumbai Nagpur
..... appearing on behalf of the commissioner, welfare of disabled supported the order passed by the commissioner and submitted that on a consideration of the provisions of the act of 1995 and the instructions dated 29.12.2005, the commissioner had rightly directed the petitioner -company to promote the respondent no.3 on the post ..... than the other eligible candidate from the category of physically disabled. it is submitted that it is clear from the perusal of the provisions of the act of 1995 that it is necessary for an employer to appoint and promote a person from the physically disabled category and when two candidates were available ..... from the open category, the respondent no.3 filed an application under section 62 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 before the commissioner, welfare of disabled, pune. the said application was allowed by the commissioner by the impugned order dated 9.10.2007. the commissioner directed .....
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