Court : Mumbai Aurangabad
..... have been substantiated by adducing relevant and cogent evidence. no circumstance has been indicated on the basis of which any such inference could be drawn. we therefore, find no force in this argument as advanced on behalf of the appellant. ? (emphasis supplied) 30. it is clear from the above that, to raise such plea there would be ..... delusion, irresistible impulse or compulsive behaviour of psychopath affords no protection under section 84. ? 29. in the matter of dharmendrasinh alias mansing ratansingh vs. state of gujarat reported in air 2002 sc 1937, in para 15, hon ble supreme court, with reference to that matter, observed as under : 15. we may next consider the argument made on ..... proof is on a. ? 32. regarding burden of proof, keeping in view section 105 of the indian evidence act, in this regard, reference can be made to the judgment of vijayee singh and others vs. state of u.p., reported in air 1990 sc 1459, in para 25, hon ble supreme court discussed the law as under : 25. the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... therefore the scheme of s.28(2)(a) is very clear. only in cases pending before the court of small causes established under the provincial small cause courts act, the district court has been given the special power of withdrawing the suits pending in that court and transferring them to another court which is designated as a court ..... can be decided by referring to the case of smt. savitribai and another vs. vithal hari petakar, reported in air 1981 bombay page 430. the division bench in that matter, considered above section 28 of the bombay rent act. it was a matter where the landlord filed regular civil suit for recovery of possession in the court of civil ..... portions of section 28 of the bombay rent act, to the extent of sub-section 1 and 2(a): section 33 of the maharashtra rent actrelevant portion of section 28 of the bombay rent act33. jurisdiction of courts. (1) notwithstanding anything contained in, any law for the time being in force, but subject to the provisions of chapter viii .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicants, in para 7, it was observed as under: the words 'ordinarily resides' would in my view cannote, a regular, normal or settled home and not a temporary or forced one to which a minor might have been removed either by stealth or by compulsion. the place of residence at the time of the filing of the application under the ..... muzzu, reported in [1983 mh.l.j. 607 and the case of bhagyalakshmi and another vs. k. narayana rao, reported in air 1983 madras 9 to submit that the ordinary place of residence as contemplated under section 9 of the act does not include places where the minor may be staying temporarily or he is in transit or where the minor has ..... brief), claiming that, under section 9 of the act, the jurisdiction lies with the district judge of area where the ward resides. she claimed that, for last seven years minor jatin was residing with her at indore, district indore (madhya pradesh) as she and the minor had been forced to go by the applicants and as she has no other means. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the said period without the authority of a magistrate. 27. in the cases reported as (1994) 3 supreme court cases 569 [kartar singh vs. state of punjab] and air (37) 1950 supreme court 27 [a.k. gopalan vs. state of madras], the apex court has laid down as follows:- "the term 'personal liberty used in article 21 means freedom ..... given by the petitioner in that regard or even the record of consent of petitioner in that regard. there is specific allegation of petitioner against respondent no. 2 that force was used and the respondent no. 2 got such medical examination done at the instance of father of respondent no. 5. the copies of letters of requisition given by ..... below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such all examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) whenever .....
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..... observations that, it is the state governments failure not to formulate permanent policy document within three years from 1.4.2010 i.e. the date on which rte act came into force, and therefore, the funds by the central government, could not be released to the state government for the academic year 2013-14. therefore, we hold that, ..... , by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village; 73. section 2 further provides for definition of national commission for protection of child rights, notification ..... the case of society for un-aided p. school of rajasthan vs. union of india and anr, reported in air 2012 sc 3445 held thus:- the expansive provisions of the 2009 act are intended not only to guarantee the right to free and compulsory education to children, but to set up an intrinsic regime of providing right to .....
Tag this Judgment!Court : Mumbai Aurangabad
..... chandarani, was properly established. to that effect, the evidence of d.w. sangeeta is also required to be taken into account, who has deposed about the fact of forcing open the door of the bed room of chandarani by accused no.2 saraswati and sangeeta. 81. that in a case of murder, which the prosecution alleges to have ..... followed in all later decisions of this court without any single exception. to quote a few cases - tufail's case (1969 (3) scc 198) (supra), ramgopal's case (air 1972 sc 656) (supra), chandrakant nyalchand seth v. state of bombay (criminal appeal no. 120 of 1957 decided on 19.2.58), dharmbir singh v. state of punjab ( ..... consequence thereof. according to the learned counsel, if the evidence of the said witness is analyzed minutely, the same is not worth consideration under section 118 of the evidence act, and as such, has sought to draw support from the following observations in paragraph 4 of the said judgment :- 6. the entire prosecution case rested upon the evidence .....
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..... purse, bag were in the company premises. therefore, there was no intention on the part of the deceased to leave the office premises. had she being taken away by force, she would have raised hue and cry. therefore, she must have been silenced in the basement itself. 54. there is no evidence that anybody has noticed deceased leaving ..... voluntarily causing grievous hurt. in that behalf, he placed reliance on the landmark judgment of the hon'ble supreme court in the case of virsasingh vs state of punjab [air 1958 sc 465]. it is clear that the prosecution has, beyond reasonable doubt, proved that the bodily injury was present. in view of the evidence and the attending ..... was going outside the company premises at 09.14.04.90. therefore, these facts allow us to draw an inference against the appellant/accused that after committing some harmful act to the deceased, the appellant has taken her in his car. in the subsequent part of this judgment, we will be supplying reasons for this inference which we .....
Tag this Judgment!Court : Mumbai Aurangabad
..... therefore, the said forwarding letter incorporating direction, can not be read to contain the mandatory direction. [g] the direction contained in this forwarding letter does not carry the force of imperativeness when seen in totality. 43] therefore, the petitioner is not entitled for reliefs sought by her. we, therefore, hold that:- [a] the petitioner has ..... to take action thereupon and to inform the womens' commission about the outcome appears to be in the nature of routine forwarding letter. [e] the exact force of the direction contained in said forwarding letter will have to be construed in the light of the text of report of the committee headed by justice sindkar ..... to constitute the inquiry committee, as contemplated in directions of honble supreme court in case of vishakas case [air 1997 sc 3011] read with section 8 of the maharashtra state commission for women act, 1993 [mah. act no. xv of 1993], and complete the same within three months. (c) by issuing an appropriate writ, orders .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to be defended by, a legal practitioner of his choice." in the cases reported as (1994) 3 supreme court cases 569 [kartar singh vs. state of punjab] and air (37) 1950 supreme court 27 [a.k. gopalan vs. state of madras], the apex court has made following observations:- "the term 'personal liberty used in article 21 means freedom from ..... 1) when an executive magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the ..... magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shivaramagowdavs. t.m.chandrashekar this court again considered the importance of pleadings in an election petition alleging corrupt practice falling within the scope of section 123 of the act and observed as under; (scc p. 677, para 11) 11 this court has repeatedly stressed the importance of pleadings in an election petition and pointed ..... raised by petitioner to the election of respondent no.1 is mainly based on corrupt practice within the meaning of section 123 of the representation of people act, 1951. 3 respondent no.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. in the written statement ..... be made to a judgment in the matter of jitupatnaik vs. sanatan mohakud and others, reported in air 2012 sc 913, wherein the apex court has held that instructions in the handbook are merely guidelines with no statutory force. however, non observance of such instructions, would not, by itself, render the evms defective so as .....
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