Court : Mumbai Nagpur
..... version of following three circumstances:- (a) last seen theory; (b) the discoveries at the instance of prisoner ramesh, his memorandum statement u/s 27 of the evidence act; and (c) motive even the learned trial court while concluding that ramesh is guilty of commission of death of vishwanath, has referred to above three circumstances only. 42. ..... accused owes an explanation, but no explanation from the accused-ramesh as to where vishwanath went from his house and, therefore, presumption u/s. 106 of the evidence act has to be pressed into service. 21) the death of vishwanath was homicidal one. 22) section 27 of the memorandum and consequent recoveries from accused ramesh. 23) ..... were seized from prisoner-ramesh at the time of his arrest.10exh.6616.02.2012memorandum statement of prisoner-ramesh while he was in custody u/s. 27 of the evidence act.he agreed to point out: (i) the place from his house wherein he concealed the liquor bottle. (ii) his bloodstained clothes; and, (iii) the place .....
Tag this Judgment!Court : Mumbai Nagpur
..... on 13-02-2012 an industrial dispute arising between the parties was referred to the industrial court for its adjudication in terms of section 10(1) of the act of 1947. the dispute as referred was mentioned in the schedule appended thereto. in aforesaid reference proceedings, the union filed a statement of claim (exhibit-8). ..... single judge were set aside. 4. during aforesaid period, the union had filed complaint no.245 of 2011 before the industrial court under section 28 of the act of 1971 challenging the transfer of 140 employees. however, aforesaid complaint came to be withdrawn on 23-08-2011. subsequently, some employees filed separate complaints under ..... before the conciliation officer stating therein that by transferring 140 employees, the management had violated provisions of section 33(1) of the industrial disputes act, 1947 [for short, the act of 1947]. thereafter, on 20-07-2011 the conciliation officer issued a notice to the parties in which it was stated that the charter .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the controller would not be necessary for giving a notice determining the lease as contemplated by clause (g) of section 111 of the transfer of property act. the suit was therefore maintainable, even without obtaining the permission of the controller, the reference is answered accordingly. it is, therefore, clear that the benefit of ..... amounts to disclaiming the benefits available under the bombay rent act. it was pointed out that a tenant disclaims the title of his landlord who accepts such disclaimer and seeks eviction upon the basis thereof, and the ..... that a tenant, who disclaims his tenancy, does not fulfil the qualifications of section 5(11) of the bombay rents, hotel and lodging house rates control act, 1947, and a tenant disclaiming the title of the claimant landlord and his relationship of tenancy literally knocks out the very bottom of statutory protection, and this .....
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
..... 800/- on this court. apparently, such a relief is beyond the jurisdiction of the small causes court exercising jurisdiction under section 26 of the provincial small cause courts act. the decree cannot, therefore, be sustained. 5. in view of the findings on both the aspects above, the decree for payment of interest also cannot be ..... or rent therefor, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1919, or the maharashtra housing and area development act, 1976, or any law for the time being in force, apply. 3. in order to exercise ..... notice chargesrs. 500/-totalrs.1,28,012/- it is a suit preferred under the provisions of the provincial small cause courts act for recovery of rent in terms of section 26 of the said act, which reads as under; 26. suits or proceedings between licensors and licensees or landlords and tenants for recovery of possession .....
Tag this Judgment!Court : Mumbai Nagpur
..... certain proceedings specified in section 33. but whenever the representative union has made an appearance, even the employee cannot appear in any proceeding under the act and the representative must be confined only to the representative union. the complete ban therefore laid by section 27a on representation otherwise than through a representative ..... that the learned member of the industrial court without considering the necessary aspects of the matter proceeded to reject the application made for permission to appear and act in the reference proceedings. he therefore submitted that the impugned order was required to be set aside. 7. on the other hand shri r. b. ..... . 3. the respondent no.2 is an industry wherein its employees have formed petitioner no. 1 trade union registered under the provisions of trade union act, 1926. the service conditions of the employees of the respondent no. 2 industry are governed by various agreements/settlements between the industry and elected representatives of .....
Tag this Judgment!Court : Mumbai Nagpur
..... has questioned validity and legality of the award dated 5th september, 2005 passed by the 1st labour court, nagpur in reference no.ida53/2005 under the industrial disputes act. 1947. 3. the facts, briefly stated are as under: yugantar education society is carrying on activities such as running of educational institutions, hospital etc. in nagpur ..... order instead of filing present writ petition. it is argued on behalf of the respondent that there was sufficient compliance of section 25f of the industrial disputes act. respondent no.2/society has referred to public notice dt.31.3.2004 in respect of closing down family welfare centre. consequently, therefore, services of ..... 13 of the said ruling indicating that it is now well established that requirements in clauses (a) and (b) of section 25f of the industrial disputes act are mandatory while requirement under clause (c) there under is only directory and therefore, failure to maintain seniority list by itself would not result into termination .....
Tag this Judgment!Court : Mumbai Nagpur
..... ) rules, 1981 (hereinafter referred to as the rules of 1981 for short) framed under the maharashtra employees of private schools (conditions of service) regulation act, 1977 ( act of 1977 for short). as the petitioner was entitled to be appointed as the principal, being the senior most lecturer in the polytechnic institution, in view ..... institutions, giving approval for setting up of technical institutions, prescribing guidelines for admission of students and the charging of fees etc. section 10 (i) of the act provides, as one of the functions of the council, to lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff ..... (supra) related to an employee working in a pharmacy institution. be that at it may, the full bench ultimately held that the provisions of act of 1977 and rules of 1981 framed thereunder would apply to employees working in the polytechnic colleges as also the pharmacy institution being institutions imparting technical .....
Tag this Judgment!Court : Mumbai Nagpur
..... the requisite quorum and they cannot now turn round to contend that the quorum was not proper. under subsection (a) of section 92 of the muhs act, no acts or proceedings shall be deemed invalid merely on the ground of non availability of the members to attend the meeting of any authority, body or committee. ..... of the university, college, institution and to settle their grievances as far as may be practicable within certain time frame. the grievance committee under the muhs act must provide for inbuilt competent authority to solve the dispute arising inside the university or educational institution or likewise. by creating such forum, the university exercises ..... and seeks redress for the grievance in a complaint made to the grievance committee, the grievance committee has necessary powers in accordance with the provisions of the act to set right the controversy generated, if any, with reasonable promptness. 11. on behalf of the respondent/university, it is contended that the petitioners had, .....
Tag this Judgment!Court : Mumbai Nagpur
..... arises in the office of the vice chancellor temporarily because of leave, illness or other causes, normally a pro-vice chancellor is appointed to act as an acting vice chancellor. however, the eligibility criteria for appointment of the vice chancellor and the pro-vice chancellor are totally different. it is, therefore, ..... to bring about better living, better business and better methods of production". the objectives are clear; the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights and liabilities of members, duties of registered societies, privileges of registered societies, property and funds of registered societies, inquiry ..... chancellor, the honble chancellor is required to follow the procedure prescribed under sub-sections 1 to 4. however, while making an appointment of the acting vice chancellor, he need not follow that procedure. it is submitted that this is the only difference. the learned amicus further submits that the .....
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