Court : Mumbai Nagpur
..... determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an ..... and meat. the footpath would be utilized by such vendors and serious embarrassment would be caused to the residents and particularly to women and children. there is bal hanuman temple in the vicinity and there is also establishment of the provident fund commissioner. it appears that the appellant had already been warned by the nagpur ..... the vicinity. there is nuisance also because people park their vehicles and then visit the bar. the bar is functioning even beyond mid night. there is a bal hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. .....
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
..... 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
..... 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 .....
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
..... company and the cessation is not as a result of disciplinary action or leaving the service without approval of the management. 13. our attention is invited to the mines act, 1952 and particularly to section 52 thereof. section 52 deals with annual leave with wages and subsection [10] thereof reads as under: 52(10) where a person ..... of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. thus, this is not a case where the petitioner had been treated unfairly, unreasonably, arbitrarily ..... of earned leave. alternatively, it is submitted that the 2010 rules makes better provision or enhance the facility in respect of leave than section 52 of the mines act. that comparison is demonstrated in paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions .....
Tag this Judgment!Court : Mumbai Nagpur
..... quitting/release from service. 21. therefore, we are of the opinion that the larger controversy as to whether this rule is in conflict with section 52 of the mines act, 1952 does not arise for determination and consideration. here the petitioner is governed by the 2010 rules, as is admitted by him, therefore, it is not permissible ..... of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. thus, this is not a case where the petitioner had been treated unfairly, unreasonably, arbitrarily ..... of earned leave. alternatively, it is submitted that the 2010 rules makes better provision or enhance the facility in respect of leave than section 52 of the mines act. that comparison is demonstrated in paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions .....
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
..... test. he submits that it is further held that if there are pre-independence documents, the same are to be given more probative value and the affinity test would only act as an corroboration or otherwise to the documentary evidence. the learned senior counsel submits that though the petitioners have produced voluminous documents from their paternal side prior to 1950 showing ..... this stage states that since one of the petitioner is desirous of prosecuting further studies on the basis of the claim as belonging to scheduled tribe. the concerned authority would act on the authenticated copy of this order while considering the candidature of the said petitioner. 16. writ petitions are accordingly allowed. rule is made absolute in all the petitions in .....
Tag this Judgment!Court : Mumbai Nagpur
..... test. he submits that it is further held that if there are pre-independence documents, the same are to be given more probative value and the affinity test would only act as an corroboration or otherwise to the documentary evidence. the learned senior counsel submits that though the petitioners have produced voluminous documents from their paternal side prior to 1950 showing ..... this stage states that since one of the petitioner is desirous of prosecuting further studies on the basis of the claim as belonging to scheduled tribe. the concerned authority would act on the authenticated copy of this order while considering the candidature of the said petitioner. 16. writ petitions are accordingly allowed. rule is made absolute in all the petitions in .....
Tag this Judgment!