Court : Mumbai Aurangabad
..... that he was released by the juvenile justice board on 15th january, 2011, under section 15 (1) (a) of the juvenile justice (care and protection of children) act, 2000, ( the act of 2000 for short). on receiving the said certificate, respondent no.4, vide letter dated 31st march, 2016, informed the petitioner that since he was ..... muddepal property if produced, be returned to the concern police station to produce in a trial against major offender. 9. the juvenile justice (care and protection of children) act, 2015, ( the act of 2015 for short) came into force on 1st january, 2016. since the offences alleged against the petitioner were committed on 22.07.2010 and ..... disqualification attached to a conviction of a juvenile in conflict with law would have the effect of opening the doors for him of a descent and disciplined civilized life. the order holding him guilty of an offence would not disqualify him from getting any job to which otherwise he would be legitimately entitled. 11. sub-section .....
Tag this Judgment!Court : Mumbai Aurangabad
..... who has been convicted by the additional sessions judge, hingoli in special child case no.1 of 2013 on 29th april 2015 under section 4 of the protection of children from sexual offences act, 2012 ("the act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of rs.35,000/- (rupees thirty five thousand) ..... has become major, she has been asked to leave the remand home and she is facing hardships of the life as she has no support and the amount of compensation deserves to be increased. relying on section 29 of the act it is stated that there is presumption that the accused committed the offence and thus according to the counsel, ..... caught cannot be construed as consent. thus looking at the incident from point of view of section 375 of i.p.c. or the provisions of the protection of children from sexual offences act 2012, in any case the accused must be held to have committed the offence as charged. 26. the accused was charged also with section 4 of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... learned magistrate noted that the parties to the proceedings are muslims by religion and as such, in view of provisions of muslim women (protection of rights on divorce) act, 1986 (hereinafter shall be referred to 'divorce act'), rejected the claim of petitioner no.1-wife, whereas allowed to the extent of claim of the daughter @ rs.300/- per ..... maneka gandhi v. union of india, 1978 (1) scc 248, held that the concept of right to life and personal liberty guaranteed under article 21 of the constitution would include the right to live with dignity. before the act, a muslim woman who was divorced by her husband was granted a right to maintenance from her husband ..... beneficial than the provisions of chapter ix of the code of criminal procedure, a divorced muslim woman has obviously been unreasonably discriminated and got out of the protection of the provisions of the general law as indicated under the code which are available to hindu, buddhist, jain, parsi or christian women or women belonging .....
Tag this Judgment!Court : Mumbai Aurangabad
..... even lay-off, strike or lock out or cessation of work will not be considered to be a break in service. the intent of the legislature is to protect the interest of an employee and hence the various contingencies set out in section 2a would indicate the nature of interruptions which are not to be reckoned for ..... of gratuity, there can be no dispute that gratuity becomes payable after one month from the date of the conclusion of employer-employee relationship. 13. section 7 of the act provides for determination of the amount of gratuity , which reads as under: section 7 - determination of the amount of gratuity (1) a person who is eligible for ..... or agreement or contract with the employer. (6) notwithstanding anything contained in sub-section (1),(a) the gratuity of an employee, whose services have been terminated for any act, wilful 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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... strikes us as meaningful here is that the legislature by the amending act clarified what was implicit earlier and expressly carved out what otherwise might be mistakenly covered by the main definition. the proviso does not, in this case, expand, by implication, the protected area of building tenancies to embrace 'business' leases." "18. we ..... p.c. particularly in relation to provisions concerning arrest, custody and remand, procedure to be followed in summons and warrant cases, compounding of offences and special protection in respect of women and inquiry and trial of persons of unsound mind. further, the law commission in its report has noted the relevant aspect of ..... taken note of the views of the criminologist, penologist and reformers of criminal justice system at length and has focused on victimology, control of victimization and protection of the victims of crimes and the issues of compensation to be awarded in favour of them. therefore, the parliament on the basis of the aforesaid .....
Tag this Judgment!Court : Mumbai Aurangabad
..... transferee would be entitled to protection of provision of section 43 of the transfer of the property act which substantially amounted to satisfying the equitable principle of feeding to the grants by estopple. in the present case also the first suit ..... the purchaser of female heir when the transactions were made by female heirs limited owners prior to coming in to force of the act, 1956 and the property was parted with by the limited owners. thus protection of section 14 could not have been given in favour of the purchaser, defendant. 32. paras 185 and 190 show that ..... apex court has observed that if the transfer of limited estate which is violable is not challenged by co-limited owners or at the instance of the reversioners during life time of the transferee, it can be presumed that the transfer made by one of the limited owners had consent of the others. in such circumstances, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... form an opinion. i find that this portion of rule 16(2) is not compatible with the intent and object of the act, as is summarized in the preamble of the said act, as it gives no protection to such non-permanent employee, who are left to the unmerciful decision of the management which is shrouded in secrecy. the ..... same time, it would enable the employee to disclose his decision whether to continue in employment or set out an explanation for his absence. this would render some protection to a non-permanent employee under rule 16(2) and eliminate secrecy in the presumption of abandonment by the employer. 86. in so far as the material aspects ..... 1964 sc 1272], xii. shahoodul haque vs. the registrar, cooperative societies [air 1974 sc 1896], xiii. m. venugopal vs. the divisional manager, lic [air 1994 sc 1343], xiv. life corporation of india vs. raghvendra sheshgiri rao kulkarni [air 1998 sc 327], xv. dipti prakash banerjee vs. satyendra nath [1999 (3) scc 60], xvi. state of bombay vs. pandurang .....
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..... so that besides the people of marathwada, the livestock and birds would not die for want of drinking water. loss of livestock and particularly that of wild life would have a devastating impact on the environment. in order to preserve the human beings, livestock and the environment it is utmost necessary to stop manufacturing ..... ) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. 47. duty of the state to raise the level of nutrition and the standard of living and to ..... distribution and consumption of liquor in the state of maharashtra. the learned counsel invited our attention to the information received by the petitioner under right to information act from respondent no.1, vide letter dated 20th june, 2011, thereby depicting excess/unauthorized production of liquor in the state of maharashtra from the statistical .....
Tag this Judgment!Court : Mumbai Aurangabad
..... home, she was being maltreated and harassed by appellant - husband and her in-laws. she had also initiated proceedings under the provisions of protection of women from domestic violence act, 2005 etc. the subsistence allowance was also granted for herself and minor son 'umarkhan". but, the appellant did not deposit any maintenance amount ..... sections 352 and 354 of the mohammedan law could not be read in isolation, but it should be conjointly considered with provisions of the guardians and wards act, 1890, which vests discretion in the court to issue requisite directions about custody for well beings of the ward. 12. learned counsel mr. syed ..... - husband. respondent - estranged mother and her minor son started residing with her parents at nanded. in the meanwhile, taking recourse of section 25 of the act of 1890, the appellant-petitioner moved application for custody of minor son "umarkhan." pending application, appellant carried out amendment and blamed the respondent that she has .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to resort to mere denials of the employer-employee relationship through their written statement and attempt to oust the jurisdiction of the courts under the mrtu and pulp act, 1971. showing concern for such growing tendency, the apex court has observed in paragraphs 3 and 11 as under: 3. this appeal reveals the unfortunate ..... 523, sarva shramik sangh v. m/s indian smelting and refining company ltd. and ors. 9.indubitably, it is well established that the complaint filed under the act can proceed only if the relationship of employer-employee is undisputed or indisputable. however, the principal question that arises for my consideration is : whether it is enough for ..... documents in it's own interest. moreover, all the documents that were produced before the industrial court were from the year 2000 onwards. 26. the clra act, 1970 mandates the preservation of documents of the contractor by the principal employer immediately after the calendar month of working is over. in short, after the working .....
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