Court : Mumbai Nagpur
..... for respondent no. 1 has raised a preliminary objection that there existed right of appeal under sub-section (7) of section 7 of the payment of gratuity act, which was required to be preferred within the stipulated period and the petitioner has without availing such remedy, filed this petition challenging the order of the controlling ..... "4. payment of gratuity......... (6) notwithstanding anything contained in sub-section (1), (a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or ..... not passed, but it was the defence raised in response to the application for payment of gratuity. the provision of section 4 of the payment of gratuity act, 1972 is silent about providing an opportunity of being heard in the matter by issuing show cause notice before forfeiture of the gratuity. the respondent-employee .....
Tag this Judgment!Court : Mumbai Nagpur
..... 5 therein is empowered to hear and decide the appeals under clause (b) of sub-section (1) of section 34 of the maharashtra rent control act. he, therefore, submits that the procedure to be followed by the civil judge, junior division exercising ordinary jurisdiction and the district court exercising appellate jurisdiction is ..... also contains the substantive provisions conferring right upon the parties and the jurisdiction upon the courts established in hierarchy under the provisions of the bombay civil courts act. no doubt, that the procedure in the court of civil judge, junior division, or the court of civil judge, senior division, exercising ordinary jurisdiction ..... to decide any suit or proceeding under clause (b) of sub-section (1) of section 33 under the maharashtra rent control act, and the district court exercising appellate jurisdiction under clause (b) of sub-section (1) of section 34 therein to decide appeal, would be governed by .....
Tag this Judgment!Court : Mumbai Nagpur
..... a) `aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; ? reading of above definition would make it clear that the legislature has avoided to use the word wife ?, instead the phraseology ..... a relationship in the nature of marriage, adoption or are family members living together as a joint family. ? 15. the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family ..... evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. act. it was also found by the learned magistrate that the applicant has proved domestic violence to her. therefore, the learned magistrate directed the non-applicant no. .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: 1. Being dissatisfied with the judgment and order of conviction dated 01.4.2013 in Sessions Trial No. 7 of 2012, by which the learned Sessions Judge, Chandrapur, convicted the appellant for the offence punishable under Section 376(2)(f) of Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for one year, has preferred the present appeal. 2. The facts giving rise to this appeal are summarized as under: (a) On 24.10.2011 Smt. Nirmalabai (P.W.1) came to police station Sindewahi. On the said day, Somnath Wagh (P.W.8) was discharging his duties as Police Sub Inspector in the said police station. Nirmalabai came there along with her daughter, who is the prosecutrix in the present case. (b) Nirmalabai gave her oral report to Somnath Wagh. As per her dictate the report was reduced into writing. Same is at Ex.14. The report was disclosing commission of a cognizable offence. Th...
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
..... . 1 attempted to be raised by the revenue before us does not arise here for determination as the substantial question of law. 9. section 54ec of the act needs to be looked into while considering the second question sought to be raised by the revenue. a substantive provision under section 54ec(1) mandates investment within a ..... sought its deduction under section 54ec of the act. the assessment officer does not accept these claims and the assessee, therefore, approached cit in appeal. on 04.11.2010, cit partly allowed his appeal and claim ..... and a family settlement was accordingly reduced into writing. the assessee, after sale of said property claimed an amount of rs.60 lakh under section 49 of the act and deducted it while working out capital gains. the assessee also invested an amount of rs. 22 lakh in rural electrification corporation limited bonds (rec bonds) and .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the certified standing orders and the model standing orders are not applicable. the petitioners pleaded that they are not governed by the maharashtra universities act, 1994 and the statues framed by the petitioner no.1/university. this court while deciding the writ petition no.2840/2008 and other connected matters ..... respondents/employees. the petitioners denied that the respondents fall in the category of workman ? as defined in section 2(s) of the industrial disputes act, 1947. the petitioners contended that the respondents/employees were not selected and appointed in permanent posts and that the posts in which the respondents/employees ..... /employees were conferred with permanency and regularization. the respondents/employees contended that the model standing orders framed under the industrial employment (standing orders) act, 1946 (for short act of 1946 ?) were applicable and as the respondents/employees had been in continuous employment for more than 240 days in the calendar year, .....
Tag this Judgment!Court : Mumbai Nagpur
..... probation of offenders act, by this court in criminal appeal no.261 of 2007 decided on 27.07.2012. 6. therefore, the question involved in the present petition is whether the ..... sentenced for the original offence. in view of the aforesaid provision, if the offences are dealt with under section 3 or section 4 of the probation of offenders act, the person found guilty shall not suffer disqualification. in the present case, the offences against the petitioner are dealt with under section 3 and section 4 of the ..... and was sentenced to suffer simple imprisonment for one year. he was further convicted for an offence punishable under section 4 r/w 25 of the indian arms act and was sentenced to suffer simple imprisonment for one year. all the sentences were directed to run concurrently. this decision of the sessions court delivered on 25.06 .....
Tag this Judgment!Court : Mumbai Nagpur
..... conditions of contract contained an arbitration clause. it is also an admitted position that the appellant gave his tender offer which was accepted and the appellant acted upon it. accordingly, we are of the view that the learned additional district judge, chandigarh erred in holding that their did not exist any arbitration ..... scc 618, the learned advocate for the respondent has submitted that the trial court, while considering the application under section 8 of the arbitration and conciliation act exercises judicial powers and therefore, it has to examine whether the requirements necessary for referring the parties for arbitration are existing or not. it is ..... has submitted that when it is established that there is arbitration agreement between the parties and an application under section 8 of the arbitration and conciliation act, 1996 is filed praying for referring the parties to arbitration and once it is established that the dispute between the parties is covered by the arbitration .....
Tag this Judgment!Court : Mumbai Nagpur
..... it should not be ordered mechanically without application of mind. in a case where the termination of services in exercise of powers under section 5(3) of the said act is challenged before the competent authority, it would be the obligation of the management to justify the action taken by it in that regard. failure on the part of ..... of the petitioner was on probation for a period of two years, then, unless the management proves a case under section 5(3) of the m.e.p.s act, the employee would attain deemed confirmation in service after the expiry of two years period of probation. the decision is, therefore, not applicable to the facts of the present ..... continued in service beyond 22.06.2000, the petitioner gets deemed confirmation in service by virtue of sub-section (3) of section 5 of the m.e.p.s. act. in the light of the undisputed factual position and the findings recorded, the school tribunal could not have refused to grant reinstatement to the petitioner in service. 11. though .....
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