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Jul 16 2013 (HC)

Present: Mr. Harish NaIn Advocate Vs. Presiding Officer Industrial Tri ...

Court : Punjab and Haryana

..... , he was not entitled for reinstatement and was entitled only for grant of back kumar amit wages. reliance was placed on the judgment of hon'ble supreme 2013.08.22 10:31 i attest to the accuracy and integrity of this document civil writ petition no.961 o 3. court in secretary, state of ..... entertaining the specious and untenable grounds put forward by the employer public or private. in the judgment of gitam singh's case (supra).the hon'ble supreme court again came to the conclusion observing that therefore, the normal rule that dismissed employee is entitled to reinstatement in cases of wrongful dismissal has been ..... provision which has a beneficial purpose and a public policy behind it would result in nullifying the retrenchment. in devinder singh's case (supra).the hon'ble supreme court in para 13, 19 and 28 of the judgment, observed as under:- 13. the source of employment, the method of recruitment, the terms and ..... difference of one circumstance or additional fact can make the world of difference, as held by the hon'ble supreme court in padmausundra rao and another versus state of tamil nadu and kumar amit 2013.08.22 10:31 i attest to the accuracy and integrity of this document civil writ petition no.961 o ..... 13. others.2002 (3) scc 533. respectfully following the law laid down by the hon'ble supreme court in the above noted cases and applying .....

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Feb 16 2015 (HC)

The State of Maharashtra and Another Vs. Viran Gyanlal Rajput and Anot ...

Court : Mumbai

..... prosecution case in view of recoveries of other incriminating articles. in this connection, learned app placed reliance on: hemav/s state, through inspector of police, madras (2013 cri. l. j. 1011 (supreme court). the supreme court has held that - ??..... if primacy is given to such designed or negligent investigations or to the omissions or lapses by perfunctory investigation, the faith and ..... of doubt must go to the accused. in support, mr. kulkarni placed vehement reliance on mohd. faizan ahmad alias kalu v/s. state of bihar (2013) 2 supreme court cases 131). in the above authority, supreme court has observed that - ??..... criminal courts recognise only legally admissible evidence and not far-fetched conjectures and surmises. ??....... suspicion, however grave, cannot take the ..... ) vasantasampat dupare v/s. state of maharashtra (2014 air scw 6952), j) the state of maharashtra v/s. raju jagdish paswan (2013 all mr (cri) 1431 (bom), 42. in macchisingh's case (supra), the supreme court justified capital sentence in rarest of rare cases. it was observed that death sentence can be awarded when the collective conscience of the ..... ronny alias ronald james alwaris and others v/s. state of maharashtra (1998) 3 supreme court cases 625), e) swami shraddananda @ murali manohar mishra v/s. state of karnataka (air 2008 supreme court 3040), f) gurvailsingh alias gala @ anr. v/s. state of punjab (air 2013 supreme court 1177), 33. the cases on which the reliance is placed by the learned advocate .....

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Sep 11 2013 (HC)

Dr. Saraswati W/O. Sudam Munde and Others Vs. the State of Maharashtra ...

Court : Mumbai Aurangabad

..... which bail can be cancelled are mentioned. there cannot be any dispute over the propositions made in the aforesaid cases. 24. in the case reported as air 2013 supreme court 296 [kanwar singh meena vs. state of rajasthan and anr.], the apex court has discussed the provisions of section 439 (2) of cr.p.c ..... . with reference to the landmark case of supreme court like ruranvs. rambilas and anr. reportedas air 2001 sc 2023. the observations are as follows : "while cancelling bail under section 439 (2) of the ..... to retain his freedom by enjoying the concession of bail during the trial. in other cases reported as 2009 (2) bom. c.r. (cri.) 491 (supreme court) [manjit prakash and ors. vs. shobha devi and anr.], the apex court has discussed the difference between setting aside unjustified, illegal or perverse order of ..... applicants are the main offenders, this court holds that no bail can be granted to them. so the order. order (i) criminal application nos. 3350/2013 and 1055/2013 stand rejected. rule stands discharged in these proceedings. (ii) criminal application no. 4774/2012 is allowed. the order made by additional sessions judge, ambajogai in ..... c.c. no. 163/2012 dr. smt. mundhe has been behind bars since 3.4.2013. in c.r. no. 42/2012, dr. shri. mundhe has been behind bars since 13.6.2012. bail is refused to him up to supreme court in other case like r.c.c. no. 302/2010. 10. for both .....

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Oct 23 2013 (HC)

Abasaheb S/O Balasaheb Varkhade and Others Vs. the State of Maharashtr ...

Court : Mumbai Aurangabad

..... statement of the witness or to contradict him. reliance has also been placed on the case of r. shaji vs. state of kerala, reported in a.i.r. 2013 supreme court, page 651. relevant portion of para 14 and para 15 and 16 are as under: "14. evidence given in a court under oath has great sanctity, ..... accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place." it has been further observed by the hon'ble supreme court in the same para that: "....there is one more point which we would like to discuss i.e. whether pointing out a material object by the ..... council in pulukuri kotayya vs. emperor, a.i.r. 1947 p.c. 67. with reference to "discovery of fact" as referred in section 27, hon'ble supreme court observed in para 13 as under: "we are of the view that kotayya's case is an authority for the proposition that 'discovery of fact' cannot be ..... done to impose conviction. as regards discovery, the learned counsel for accused relied on the case of makhansingh vs. state of punjab, reported in a.i.r. 1988 supreme court, page 1705. para 14 of the said judgment is as under: "14. then we are left with the recovery of the dead bodies. investigating officer s. ..... be acquitted. the learned counsel for the accused relied on the case of ram kishan singh vs. harmit kaur and another, reported in a.i.r. 1972 supreme court, page 468, where it has been observed that statement under section 164 of cr. p.c. is not substantive evidence and it can be used only to .....

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Mar 31 2015 (HC)

Wamanrao and Others Vs. Munnibai (Since Deceased), Through Legal Repre ...

Court : Mumbai Nagpur

..... with its hearing. in this regard, he relied upon ashok sadarangani and anr. v. union of india and ors. air 2012 supreme court 1563, manager, national insurance co. ltd. v. saju p. paul and anr. air 2013 supreme court 1064, harbhajan singh and anr. v. state of punjab and anr. air 2009 sc (supp) 1977, and aristopharmaceuticals pvt ..... vs. sarva shramik sangh, sangli air 2014 sc 61 a prayer for postponing consideration of the proceedings was made due to pendency of reference before a larger bench. the supreme court in para 20 observed thus: ??20............................................................................. ................................................................................. as noted earlier, the reconsideration of the wide interpretation of the concept of ??industry ? in bangalore water supply ..... rendered earlier were not modified or altered in any way, they continued to hold the field. similarly, in manager, national insurance company ltd. (supra), the supreme court held that mere pendency of certain questions before a larger bench would not mean that the particular course that was followed in earlier judgments could not be ..... vehicles act, 1988 wherein the accident had occurred in the year 1993, the supreme court adjudicated the proceedings on merits. similar course was followed by the supreme court in harbhajansinghand another (supra). in p. sudhakar rao vs. v. govinda rao (2013) 8 scc 693, the supreme court in para 55 observed thus: ??55. be that as it may .....

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Jan 29 2014 (HC)

The Chalisgaon Municipal Council and Another Vs. the State of Maharash ...

Court : Mumbai Aurangabad

..... or lack of resources can never be said to be the reason for not taking steps to implement the proposals, allocations and designations in the development plan. as the honble supreme court has observed that one of the reason which is often given for modification/deletion of reservation is paucity of funds?. if there is any such difficulty, then, the planning ..... any public purpose. in this context, a reference can usefully be made to a recent decision of the honble supreme court in the case of jayeshdhanesh goragandhi vs. municipal corporation of greater mumbai and others, reported in air 2013 supreme court 882. the honble supreme court held as under:- 18. we have already stated that the only question that arises for consideration is whether ..... recent decision in the case of girishvyas and another vs. state of maharashtra and others, air 2012 sc 2043, the honble supreme court had an occasion to consider the scheme of the m.r.t.p. act, 1966. the honble supreme court has held as under:- 73. the provision of a statute are required to be read together after noting the purpose ..... other utilities, services and conveniences. the importance of planning and for the future is emphasized in the judgment of the honble supreme court in the case of padmavs. hiralal motilal desarda and others, reported in air 2002 sc 3252. the honble supreme court held as under:- 29. laws dealing with development planning are indispensable to sanitation and healthy urbanization. development planning comprehensively .....

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Jan 10 2014 (HC)

Sinhgad Technical Education Society and Another Vs. Maharashtra Univer ...

Court : Mumbai

..... and state government has itself allotted students and/or permitted petitioner no.2 college to admit student directly, in pursuance of directions issued by the supreme court. the muhs vide letter dated 11 november 2013 returned the proposal for extension of affiliation and continuation of affiliation for the year 2014-2015, of the petitioners on the ground that the muhs has ..... permission of state government. being aggrieved by the order passed in writ petition no. 6414 of 2013, the petitioners preferred special leave appeal in the supreme court and by order 7 august 2013, supreme court allowed the petitioners to withdraw the writ petition no. 6414 of 2013, filed before this court with liberty to file fresh petition with proper prayers. the petitioners filed ..... graduate courses was duly conducted by petitioner no.2 college in pursuance of the directions issued by the supreme court on the basis of statement made by the state government. 9. the petitioners vide letters dated 31 july 2013 and 16 september 2013 requested the respondent state to issue necessary government resolution as insisted by the muhs so as to enable ..... grant of permission to less number of intake of post graduate seats in petitioner no.2 college, petitioners filed 3 writ petitions before the supreme court of india. after hearing the respective parties, the supreme court disposed of the matters on 30 july 2013. pursuant to the directions issued by the apex court, imc issued three letters of permission on 1 august .....

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Aug 13 2014 (HC)

Manohar Lal Sharma Advocate Vs. the Principal Secretary, Prime Ministe ...

Court : Delhi

..... under judicial scrutiny and concluded that judicial review may be called for on two grounds, namely, (i) ?lack of eligibility? and (ii) ?lack of effective consultation?. wp(c) 4653/2013 & 4619/2013 supreme court held that ?eligibility? is a matter of fact, whereas suitability is a matter of opinion. it was further observed that in cases involving ?lack of eligibility? a writ of ..... cag, are subject to scrutiny by parliament or the legislatures of the states, as the case may be. a reference was made to the supreme court decision in the case of arun kumar aggarwal v. union of india: (2013) 7 scale333 where the court held that a cag report, by itself, cannot be accepted by the court as the basis for initiating ..... removal of the cag is different from that of governors of states and akin to that of the judges of the supreme court, the manner of appointment of the cag is similar to that of governors. wp(c) 4653/2013 & 4619/2013 qualification or criteria for an incumbent of the high office of cag. it was submitted that the constituent assembly debates were ..... for the sake of brevity, which indicated congruence of the averments made in wp(c) 618/2007 and the present wp(c) 4653/2013. the learned attorney general submitted that the earlier petitions, which were dismissed by the supreme court, as well as the present petitions, have a common thread apart from having near identical averments and that in this backdrop, the .....

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Aug 13 2014 (HC)

N Gopalaswami and ors Vs. the Union of India and anr

Court : Delhi

..... under judicial scrutiny and concluded that judicial review may be called for on two grounds, namely, (i) ?lack of eligibility? and (ii) ?lack of effective consultation?. wp(c) 4653/2013 & 4619/2013 supreme court held that ?eligibility? is a matter of fact, whereas suitability is a matter of opinion. it was further observed that in cases involving ?lack of eligibility? a writ of ..... cag, are subject to scrutiny by parliament or the legislatures of the states, as the case may be. a reference was made to the supreme court decision in the case of arun kumar aggarwal v. union of india: (2013) 7 scale333 where the court held that a cag report, by itself, cannot be accepted by the court as the basis for initiating ..... removal of the cag is different from that of governors of states and akin to that of the judges of the supreme court, the manner of appointment of the cag is similar to that of governors. wp(c) 4653/2013 & 4619/2013 qualification or criteria for an incumbent of the high office of cag. it was submitted that the constituent assembly debates were ..... for the sake of brevity, which indicated congruence of the averments made in wp(c) 618/2007 and the present wp(c) 4653/2013. the learned attorney general submitted that the earlier petitions, which were dismissed by the supreme court, as well as the present petitions, have a common thread apart from having near identical averments and that in this backdrop, the .....

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Oct 14 2014 (HC)

Kiran Anandrao Pawar and Others Vs. Chief General Manager, M/s. IRB Ko ...

Court : Mumbai

..... we have applied the very principle and which is set out in jindal stainless ltd. and another v/s. state of haryana reported in (2006) 7 supreme court cases 241. even if toll is compensatory tax and found to be closer to the concept of a fee still, on the basis of the overwhelming ..... constitution of india. a writ petition under article 226 of the constitution of india is maintainable only in such cases and that is how the hon'ble supreme court has proceeded (see para 14 and 15 in noble resources (supra) as well). in the present case, we have not found anything arbitrary or ..... either inaction or deliberate act of omission and commission on the part of the executive. the hon'ble supreme court in the case of ayaaubkhan noorkhan pathan v/s. state of maharashtra and ors. reported in air 2013 supreme court 58 held as under: ??7. it is a settled legal proposition that a stranger cannot be ..... of rajasthan and anr.; and 3) air 2012 supreme court 3408 delhi race club ltd. v/s. union of india and others. 43] mr. dwarkadas, learned senior counsel, appearing for ird, kolhapur, respondent no.1 in the pil and the petitioner in writ petition no.6646 of 2013 submitted that the background facts have to be noted ..... was passed therein on 28th august, 2013 by this court. that writ petition is pending. in the two p.i.l's initially an order was passed by this court granting interim stay of recovery of toll. that order dated 27th february, 2014 was challenged in the hon'ble supreme court of india. by the order .....

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