Court : Mumbai Nagpur
..... . these services are provided free of costs. the first respondent is commissioner, nagpur municipal corporation (n.m.c.) constituted under city of nagpur corporation act, 1948 ( cnc act for short). he derives powers in the matter of imposition of penalty in the event of evasion of octroi, which powers are quasi-judicial in nature ..... have to give reasons in support of the order. the case of udaysigh rajput (supra) arose under the provisions of the maharashtra local authority members disqualification act, in which, again it has been held that the quasi-judicial functionaries must follow quasi-judicial process in keeping with principles of natural justice. there cannot ..... has terminated the services of mr. bobby thomas and mr. sean vaz and thus, during the relevant period, for which the irregularities relate, they were clearly acting for and on behalf of the petitioner. prima facie, the considerations in the criminal case, instituted on the complaint of the petitioner, may be different, as .....
Tag this Judgment!Court : Mumbai Nagpur
..... in serious financial irregularities and there were two cases registered against him under various sections of the indian penal code as well as the prevention of corruption act during the year 1990-1991, 1991-1992 when he was posted as artificial insemination officer at rachi. the hon'ble apex court, after taking a ..... be adjusted against the amount of gratuity payable. explanation. in this chapter- (a) the expression serious crime includes a crime involving an offence under the official secrets act, 1923 (19 of 1923). (b) the expression grave misconduct includes the communication or disclosure of any secret official code or password or any sketch, plan, model, ..... the bank if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence or criminal breach of trust or forgery or acts done fraudulently during the period of his service. provided that the board shall be consulted before any final orders are passed : provided further that departmental .....
Tag this Judgment!Court : Mumbai Nagpur
..... getting the same or substantially similar emoluments. (iv) the cases in which the labour court/industrial tribunal exercises power under section 11a of the industrial disputes act, 1947 and finds that even though the enquiry held against the employee/workman is consistent with the rules of natural justice and/or certified standing orders, ..... n. prasad appearing of the appellants in all the three cases raised three points before us : (1) that section 12 of the probation of offenders act contemplates an automatic disqualification attached to the conviction and not an obliteration of the misconduct of the accused so as to debar the disciplinary authority from imposing ..... procedure. in default of payment of fine, he was sentenced to undergo imprisonment of 15 days. the petitioner, however, has opted to deposit the fine. acting on the conviction, superintendent, central prison passed the following order on 08.09.1990. whereas shri dyaneshwar vithuji ghude while working as sepoy in yavatmal district .....
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
..... has dismissed the application exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the maharashtra control of organised crime act, 1999 ( mcoc act for short). 3. the facts necessary for the disposal of the appeal may be stated thus: that, now deceased suraj yadav was a property ..... or ill design of gang members the legislature in its wisdom defined the terms, organised crime syndicate , organised crime , continuing unlawful activities by employing the words acting either singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate , such syndicate in respect of which more than ..... discharge the accused. it is submitted that the learned special court has correctly appreciated the factual situation and legal propositions arising out of the application of the act and the impugned order does not call for any interference. 15. the learned senior counsel shri mardikar appearing for the original complainant has again referred to .....
Tag this Judgment!Court : Mumbai Nagpur
..... of posting to her residential address. the decision by the competent authority/preferably by the scrutiny committee constituted under the rules framed under the act and rules consisting the divisional commissioner etc., its officials in amravati division through its backward class section be taken expeditiously, preferably within four ..... protected in view of section 10 (1) of the maharashtra scheduled caste, scheduled tribes, nomadic caste, tribes, special backward community caste validity certificate act, 2000 and also under the government decision dt. 24.6.2004. roster was directed to be prepared accordingly. the petitioner had claimed as belonging ..... mannewar/munnarwar.6. halba/halbikoshti/halba koshti. 9. mah. sc, st, dt, nt, obc and sbc (regulation of issuance and verification) caste certificate act, 2001 and the rules framed thereunder prescribe offences/penalties for fraudulent claims and for false caste certificate or information. the rules require supporting affidavit details vide .....
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
..... some relation with the appellant and as she stayed away for the whole night from her house voluntarily and probably had no justifiable explanation to put forth for such an act, she may have tried to implicate the appellant in the present case. 14. the evidence of the prosecution, thus discussed above, would show that there are many lacunae in the ..... also does not say as to in what condition, the prosecutrix was found as lying in the dung pit. 9. the above evidence would indicate that after the alleged second act of rape, the prosecutrix did not go into the state of unconsciousness. her legs were also not tied. the appellant and vakil had also left the cattle-shed. thus, it .....
Tag this Judgment!Court : Mumbai Nagpur
..... from 10.12.1993 as full time teacher in the subject of marketing and salesmanship. in my opinion, section 5(2) of meps (condition of service regulations) act confers on the employee the status of permanency if he has served continuously for a period for two years in a permanent vacancy. even otherwise, upon scrutiny, respondent ..... , section 4(6) of the meps rules was held as mandatory and not directory. section 4(6) of the maharashtra employees of private schools (conditions of service) act, 1977 mentions thus: s. 4(6) no employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he ..... in this case, the supreme court considered the normal rule of reinstatement with continuity of service with back wages when the termination of service is proved as wrongful (act). reinstatement is to restore the employee to the same position in which he would have been, had he not been illegally terminated. thus reinstatement is preceded by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... not been proved and if it has not been proved there would no question of giving of provocation to the complainant to indulge in or resort to some violent acts like committing breach of public peace or committing of an offence. 13. inspite of the appellant being held not guilty for insulting the complainant on caste lines, the ..... 143, 504, 506 read with section 149 indian penal code and section 3(1)(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (in short, the atrocities act ) were registered by police station ural, district akola. it was alleged by the complainant that there was a gram sabha at village andura on 19.11. ..... scheduled tribes (prevention of atrocities) rules, it has been held to be mandatory provision of law, the offence punishable under section 3(1)(x) of the atrocities act was not proved. the learned additional sessions judge, therefore, acquitted all the accused including the present appellant of the said charge under the atrocities .....
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