Court : Mumbai Aurangabad
..... inasmuch as the proceedings initiated by the head constable of the concerned police station are not by the statutory / authorized officer, as contemplated under section 55 of the said act, and therefore, such initiation of the proceedings would be barred. petitioners relied on the case of jaffar @ noorahmed jaffarhussein vs. the state of karnataka [criminal petition no.10695 ..... of the process of the court. the said proceedings do not deserve to be continued further. the supreme court in the case of "state of haryana v/s bhajanlal" [air 1992 sc 604] held that, in following categories the court would be able to quash the f.i.r. : 1. whether the allegations made in the f.i ..... ], ix] ashwini kumar bhardwaj vs. state of rajasthan reported in 2002 cri.l.j. 179, and x] state of bihar vs. murad ali khan and others reported in air 1989 sc 1 [1], submits that, the petition deserves to be allowed. 6. the learned app appearing for the respondent state, relying upon the investigation papers collected by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... are entirely different. in the first situation, there is an option with the operator to pay tax in lump sum or otherwise whereas in the latter, he is forced to pay tax on lump sum basis irrespective of the actual collection of passenger tax made by him. in a similar situation, the himachal pradesh high court civil writ ..... 256 of the constitution of india. 4. the state of maharashtra has entered into reciprocal transport agreement with the state of madhya pradesh and the agreement came into force with effect from 1st march, 2007. the agreement is in regard to the operation of the stage carriage service more fully specified in the agreement on interstate routes ..... in the matter of akhil bharatiya grahak panchayat (bombay branch) and others vs. state of maharashtra and others reported in air 1985 bombay 14, while upholding the validity of the act of 1958, has observed that the act is intra vires the legislation since the tax is levied on the passengers and not on income of the operator. in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... .2 shashikant, accused no.1 suryakant gave severe blow on head of the victim using the spade. both the injuries were inflicted on the head of the victim with force, as is apparent from the medical evidence available. water is a sensitive issue for the farmers and there is evidence of pw1 victim rajendra that the accused persons were ..... slap to accused no.1 suryakant. at that time, accused no.2 shashikant gave a blow by stick which he was holding, to the head of victim rajendra with force. immediately complainant tried to take away the stick of accused no.2 shashikant, at which time accused no.1 suryakant gave a severe blow on the head of victim ..... their grievance by filing any private complaint if the police did not take action. 23. the argument of the accused persons acting in self defence has no substance. the argument that pw1 and 2 committed criminal trespass has no force. the incident occurred at the place of common water channel. even if the complainant and victim went ahead to divert .....
Tag this Judgment!Court : Mumbai Aurangabad
..... than the source. suffice it to observe that so long as the resolutions passed by the general body of the respondent no. 2 society are in force and not overturned by a forum of competent jurisdiction, the said decisions would bind the appellants. they cannot take a stand alone position but are bound ..... in the name of tapadia constructions limited. (s) the appellant after realising the mischief, preferred the proceedings 103/2014 under section 9 of the arbitration and conciliation act, 1996 (act of 1996?). (t) an issue of territorial jurisdiction was raised by the respondent. (u) learned trial court framed issues. (v) all the issues were decided ..... original jurisdiction for the purpose of a petition under section 34 of the arbitration and conciliation act.? (emphasis supplied). 15. the appellant has relied upon the judgment of hindustan petroleum corporation limited vs. barun sankar chatterjee and another [air 2012 cal.255]. the issue in the said judgment was in relation to the jurisdiction .....
Tag this Judgment!Court : Mumbai Aurangabad
..... previous proceedings before a court of law, the person must have been prosecuted in the previous proceedings and conviction or acquittal in the previous proceedings must be in force at the time of second trial. punishment as contemplated in this clause needs judicial punishment awarded by a criminal court. prosecution in this context means, an initiating ..... notice dated 23.7.2013. the petitioner has relied on judgment in the matter of hari khemu gawali vs. deputy commissioner of police, bombay and another reported in air 1956 sc 559. in this reported case, the petitioner, under article 32 of the constitution of india was challenging the vires of section 57 and other provisions of ..... 20(2) are not applicable unless there is an offence. 15. section 3(38) of the general clauses act, 1897, defines the term offence. it means, any act or omission made punishable by any law for the time being in force. at this juncture, it is apt to quote observations of the hon'ble andhra pradesh high court, in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , 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 ..... be directed 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
..... much available to them. 22. discussion above is sufficient to show gross violations of ss. 27, 30 and 82 of the 1994 act in the matter. obviously, it is respondent 4 who forced ghansavangi as location because of his influential position and all officers of the respondent 5 forgot their duty to law and succumbed to his ..... 2004 elections from ghansavangi. other relevant developments evidencing political rivalry and events in co-operative and local body sector are also stated. contention is ghansavangi has been forced as location only to close down the senior college of petitioner. 2010 report prepared by the director of economics and statistics for jalna district is relied upon to ..... place and adds that the proposal is duly recommended and forwarded by the competent authority i.e. government of maharashtra. it has been sent through a private courier by air . ugc has replied to it on 8th april, 2011 but then above this date, march, 2011 appears in print and below it in next line, figure .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the alleged lapses referred to in the impugned order. solitary reference to crime no. 3033/2000 registered with jawaharnagar police station in the show cause notice has no force of an actionable lapse as the registration in question was renewed thereafter by the concerned authorities from time to time and the case arising out of the said ..... right (ii) where there is violation of the principle of natural justice (iii) where the order or proceedings are wholly without jurisdiction or the vires of an act and is challenged, the high court can still exercise its writ jurisdiction. he pointed out that show cause notice referred only to the involvement of the petitioner in ..... v) k. venkatachalam vs. a. swamickan and another : (1999) 4 supreme court cases 526. (vi) l. hirday narain vs. income-tax officer, bareilly : air 1971 supreme court 33 submitted that even when there is alternative remedy available under statute, writ jurisdiction of this court is not ousted as the rule of exclusion of writ .....
Tag this Judgment!Court : Mumbai Aurangabad
..... park in relation to this plot subsists then the corporation must make an allotment in terms thereof and strictly abide by its policy and circulars issued and in force so also the mandate of article 14 of the constitution of india. every allotment and decision to allot such plots must be guided by the object and purpose ..... , then, that is the one which is invoked by the petitioner. even when implementing and enforcing such policy the corporation deals in public property and, therefore, must act fairly, reasonably and in a non-arbitrary and nondiscriminatory manner. even in the matter of considering individual applications, the mandate of article 14 of the constitution could not ..... to be dismissed. mr. shah places reliance upon a judgment of the honourable supreme court reported in the case of "tata cellular v/s union of india" air 1996 sc 11. it is urged that the petitioner has been allotted other plot in shendra midc. petitioner surrendered that plot and has not utilised it. it cannot .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a crime against the entire society and it violates the victim's most cherished fundamental right i.e. right to life contained in article 21 of the constitution of india, 1950. as such, it needs to be kept in mind that the trial court is required to be alive to its responsibility and has to be sensitive while dealing with the ..... in mind that for proof of a fact, no particular number of witnesses is required. what matters is the quality and not the quantity. section 134 of the indian evidence act, 1872 is explicitly clear and enunciates time honoured rule of appreciation of evidence that evidence is required to be weighed and not counted. 19. after closure of evidence of ..... shri dhorde, learned senior counsel has drawn our attention to the ruling in the matter of zahira habibulla h. sheikh and another vs. state of gujarat and others reported in air 2004 sc 3114, wherein, it is held by the honourable apex court that denial of fair trial is as much injustice to the accused as is to the victim of .....
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