Court : Mumbai Aurangabad
..... of satish vishwanath palasdekar and ors. vs. state of maharashtra, reported in [1999 (1) mh.l.j.204 to submit that even if it was alleged that, force was used against the complainant, the acts would be protected. in that matter, in spite of offence under section 304-a of i.p.c., benefit of section 161(1) of police ..... without due care and caution. 16. in this regard one of the old judgments is in the matter of narayan hari tarkhande vs. yeshwant raoji naik etc., reported in air 1928 bombay 352. this judgment was by the full bench. facts of that matter show that, sub-inspector of police, while investigating a cognizable offence against two berads ..... date of the offence. (2) . . . . . . . . (emphasis supplied) 8. learned counsel for the respondents relied on the case of virupaxappa veerappa kadampur vs. state of mysore, reported in air 1963 sc 849, in which the hon'ble supreme court considered the above words under colour of duty . in para 10, it was observed as under : counsel 10. it appears .....
Tag this Judgment!Court : Mumbai Aurangabad
..... contained in the code of civil procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit ..... or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. (2) for the purpose of sub-section (1), a district court having jurisdiction? shall, notwithstanding anything ..... gain.? 10. in the case of glaxooperations uk ltd. middlesex (england) and others vs. samrat pharmaceuticals kanpur reported in air 1984 delhi 265 the apex court has observed that section 62 of the act of 1957 is not a bar for allowing jurisdiction but it describes additional ground as laid down in section 20 of cpc .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is no such defence available to defendant. this court holds that it is not necessary to go into detail on this point. the act applicable for this region is hyderabad tenancy act, 1950. further, in tenancy act applicable to this area there is specific provision like section 102-a. there was no question of considering such defence of the defendant. ..... court. due to this amendment made in the year 2013 tribunal can decide matters of eviction of tenant also. the present matter was decided prior to coming into force the act of 2013. in view of this circumstance, this decision cannot be referred in the present matter. 22. the discussion made above shows that the tribunal has ..... may reported cases. he submitted that there is presumptive value to the entries made in revenue record and for that he placed reliance on the case reported as air 1974 s.c. 1178 [shikharchand jain v/s digamber jain praband karini sabha and others]. it is true that such record has presumptive value unless contrary is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the supreme court of a bench consisting of 3 honble judges. no doubt, the decision was not one under mpda act. it was a matter of preventive detention act, 1950 and section 3 of the said act also spoke about subjective satisfaction of detaining authority . the supreme court was dealing with 5 companion appeals from the judgments of ..... satisfaction of the authority, all the relevant documents must be there and the order releasing on bail is one of the most relevant document. we find much force in the contention of the learned counsel for the petitioner. the order of detention is passed without making any reference to the application for bail and the order ..... the detaining authority. 17) we may refer to the judgments cited by the learned counsel for the petitioner as under:- dharamdasshamlal agarwal v/s the police commissioner, air 1989 sc 1282. 12. from the above decisions it emerges that the requisite subjective satisfaction the formation of which is a condition precedent to passing of a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... be pertinent. paragraph no.47a is as under; "47(a) in the case of state of uttar pradesh and others vs. pradhan sangh kshettra samiti and others reported in air 1995 sc 1512, the hon'ble supreme court has observed:- "7. it is common knowledge that the needs of the people change with the development in the economic, ..... rules shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) subject to the provisions of sub-section (1), the provisions of this act shall be in addition to and shall not, save as expressly provided hereinbefore, be in derogation of the provisions of any law relating to municipal corporation, ..... court in the case of "sadashiv h. patil vs. vithal d. teke and others" reported in air 2000 sc 3044 referring to paragraph no.14 of said judgment, which reads thus:- "14. a finding as to disqualification under the act has the effect of unseating a person from an elected office held by him pursuant to his victory at .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and shall also face legal action, - (a) conditions that the school is run by a society registered under the societies registration act, 1860 (21 of 1860), or under the bombay public trusts act, 1950 (bom. xxiv of 1950); (b) that the school is not run for profit of any individual, group or association of individuals or any other persons; ..... students. sub-rule (8) of rule 11 provides that all prevalent rules of the government regarding grant or refusal of recognition of schools shall continue to be in force. also, the schools shall be recognized or granted permission if they conform to the required norms and standards prescribed in the schedule and conditions mentioned in sub-rule ..... . the respondents, as such, prayed for dismissal of the petitions. 12 the right of children to free and compulsory education act, 2009 is enacted by the union of india and has come into force on 01.04.2010. article 21-a of the constitution provides for free and compulsory education to all children in the age .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of a municipal corporation for two years prior to retirement. (g) office bearer of a non-government organization registered under the bombay public trust act, 1950 engaged in social welfare activities working within the area of a municipal corporation or a council. these qualifications are required to be read with the ..... from service, or (g) has experience of not less than five years as an office bearer of a non-government organization registered under the bombay public trusts act, 1950, engaged in social welfare activities, working within the area of a municipal corporation or a council. 5. nomination of councillors:- (1) for the purpose ..... an elector who belongs to the electoral college which nominated the members whose nomination is under challenge. there the relevant provisions were of the maharashtra municipalities act, 1965. there are three categories of councillors. the first group consisting of councillors elected in ward elections, the second group consisting of councillors co .....
Tag this Judgment!Court : Mumbai Aurangabad
..... at the earliest. 5 petitioner in both these petitions is adoption agency working under snehalaya, a public charity trust registered under the provisions of bombay public trusts act, 1950. snehalaya, according to the petitioner, runs 16 projects for unprivileged women and children. it is stated that since 2005, hundreds of children have been rescued, ..... not deserve consideration. 22 a reference to the judgment delivered by the supreme court in the matter of laxmi kant pandey vs. union of india, reported in air 1986 sc 272, would be appropriate. in paragraph no.6 of the judgment, the supreme court has observed thus: .... it should also be impressed upon ..... object pronounced by the government of india while declaring national charter for children, 2003, and the provisions contained in juvenile justice (care and protection of children) act, 2000 and the maharashtra juvenile justice (care and protection of children) rules, framed by the state of maharashtra. are not in its letter and spirit adhered .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of larger urban areas and constitution of corporations: [1. the corporation for every city constituted under this act, existing on the date of coming into force of the maharashtra municipal corporations and municipal councils(amendment ) act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) ..... notified the elections of the municipal councils in the state, including chandrapur and latur. the petitioners pointed out that there was a code of conduct in force and what came to their notice is, that one member of the parliament and from parbhani, threatened to go on a hunger strike, so as ..... honourable supreme court that rules of natural justice are not applicable to legislative actions. in sundarjas kanyalal bhatija vs. collector, thane, maharashtra? reported in air 1991, sc 1893, the honourable supreme court has held as under : government published draft notification to form a corporation comprising certain areas in thane district .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 25.07.2007 and after receiving their call, ram left the chousalkar colony and went along with the accused in auto rickshaw, and accused persons took him in rickshaw, forced him to take liquor and then at about 4.00 to 4.30 p.m. killed him. however, as pw-11 pradeep nandedkar, investigating officer has clearly admitted ..... zunzar neta. therefore, the identification parade conducted after three months from the date of incident, looses its significance. it is submitted that, the husband of the pw-8 acted as panch witness to the inquest panchanama, which was conducted on 3rd august, 2007 and there are no reasons forthcoming for not recording the statement of pw-8 either on ..... same is of burnt clothes. the supreme court in the case of amitsingh bhikamsing thakur vs. state of maharashtra reported in air 2007 sc 676 in para 29, has summed up various requirements of section 27 of evidence act, which are reproduced as follows; i) the fact of which evidence is sought to be given must be relevant to the .....
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