Court : Mumbai
Reported in : AIR1975Bom205; (1975)77BOMLR533
..... also made to the decision of the supreme court in kabul singh v. kundan singh, : [1970]1scr845 . the effect of section 30 of the representation of the people act, 1950 came only for consideration. having regard to the provisions of the said statute it was held that the finality of the electoral it was held finality of the electoral roll ..... whose name is included in the list of voters maintained under section 11 and who is not disqualified for being elected a councillor under this act or any other law for the time being in force, shall be qualified and every person whose name is not included for being a councillor shall not be qualified to be elected as a ..... division bench of this court in keshav govind kulkarni v. extra asst. judge, south bombay 61 bom lr 1151 : air 1960 bom 127. the provisions of sub-sections (1a) and (1b) of section 15 of bombay district municipal act, 1901 which were considered in narayan maruti case having been deleted when this case decided the division bench took the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom13; (1974)76BOMLR769; 1974MhLJ562
..... word' and that 'section 80 is express, explicit and mandatory, and admits of no implications or exceptions', the supreme court observed that these observations apply with equal force in dealing with the question as to whether a suit under order 21, rule 63, is outside the purview of section 80 of the code. the supreme court, ..... implication of this implied admission was that they waived their right to a proper notice, or, alternatively, that by the implied admission the plaintiffs were induced to act upon the assumption that a proper notice had been given so that the defendants were estopped from denying that fact. rejecting this contention the privy council observed:' ..... indispensable, and either party may waive them without affecting the jurisdiction of the court'.the supreme court then observed:'the judicial committee in 74 ind app 223= air 1947 pc 197 pointed out that there was no in consistency between the propositions that the provisions of section 80 of the code of civil procedure were .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR612
..... for the applicant invited my attention to the fact that the condition would deteriorate on account of its being kept in open ground; there is some force in this argument. police inspector patki in his report dated 12th may 1969 has suggested that the vehicle should be sent to alibag police station headquarters for ..... under section 324, the sentence being directed to run concurrently. the high court, while upholding the finding of the sessions judge that the accused committed the acts attributed to him, accepted the defence plea of insanity and set aside the conviction and sentence inflicted by the sessions judge and passed an order regarding the ..... of 1969 in the court of judicial magistrate, first class, panvel against respondent no. 1 and also respondent no. 2 for offences punishable under the bombay prohibition act, 1949. on may 8, 1969, therefore, the applicant filed an application under section 516a of the criminal procedure code, in the court of judicial magistrate, first class, panvel .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom5
..... civil procedure provides: 'where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the court may, in its discretion at any stage, allow the person, by whom ..... be brought on the record and allowed to continue the suit on payment of the requisite court-fee. in padmanabhan v. subramoniam air 1953 trav co 67 a division bench of that high court has held that from rr. 1 and 2 of order 33 it ..... thereto shall be as if it had been properly stamped in the first instance. theses provisions to section 40 of the court-fees act are analogous to the provisions in section 149 of the code of civil procedure; but while the code of civil procedure would be ..... there is a suit pending though it is kept in abeyance till the question of pauper ism is decided.' 5. in brahamramba v. seetharamayya, air 1947 mad 405, a division bench of the madras high court took the view, following the decision in stuart skinner's case ilr (1878) .....
Tag this Judgment!Court : Mumbai
Reported in : 1976CriLJ1281
..... witness who was behaving in a manner showing no circumspection or regard for the rights of others. it was throughout suggested to p.w. 1 korpe that he was forcing the accused there to part with money and may be for the purpose of the police welfare fund. in fact, it was suggested to him that he gave ..... further clear that during the investigation no material has been gathered which will have indicated that really the accused was involved in some such offences under the bombay prohibition act for hushing of which he was offering bribe. this basic fact is not even touched. the alleged bottle containing liquor has not been seized nor produced. the impression ..... the very same propositions and principles were reiterated by the supreme court in state of madhya pradesh v. mubarakali : 1959crilj920 .21. in sailendranath bose v. state of bihar air 1968 sc 1292 : 1968 cri lj 1484, it was observed that the provisions of section 5-a must strictly be complied with for they are conceived in public interest .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1786; 1975MhLJ398
..... made affidavits filed before any court, cannot be taken to mean that such persons are also persons appearing before any court as witnesses.14. in in re s. r. ramlingam air 1965 mad 100 : 1965-1 cri lj 311 at p. 313 it is observed:in our view, the words, 'any person appearing before it as a witness' employed in ..... of the court:such documents are called documentary evidence.10. it would appear that even in the definition of 'evidence', which is called oral evidence under the indian evidence act, the statement is required to be made before the court as a witness, which indicates that oral evidence should be given by a witness by being physically present before the ..... having regard to the fact that the civil suit between the parties is still pending, the learned judge has not acted properly in directing that an enquiry be made under section 476 of the code of criminal procedure. i find no force in any of these submissions of mr. parsurampuria.5. now section 479-a is to this effect-479-a. ( .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1135
..... in enjoyment of eastern half portion. it is further disclosed from the record that chunilal was murdered by his brother radhakishan in 1949 and radhakisan was hanged to death in 1950. it is alleged by soniya bai that a will was executed in her favour by radhakisan bequeathing his estate to her while it is also contended on behalf of kusum .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR395
..... does not get absolute ownership in the property, but such cases would be few. thus, the result of combiner into force of the hindu succession act on.tune 17, 1956 is that all widows having limited interest or widow's estate in the property would become full owner ..... a widow or a minor or a person who is subject to physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants. ..... a widow or a minor, or a person who is subject to physical or mental disability or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants. ..... years ago. the respondent no. 1 is a tenant of the land since 1947. the husband of tungabhadrabai died in the year 1950 and the husband of gangabai died in the year 1954. thus both of them were widows on april 1, 1957. the landladies .....
Tag this Judgment!Court : Mumbai
Reported in : 1976CriLJ381
..... (c) runs as under:-.since the object of an enquiry under section 202 is to ascertain whether the allegations made in the complaint are intrinsically true, the magistrate acting under section 203 has to satisfy himself that there is sufficient ground for proceeding. in order to come to the conclusion, he is entitled to consider the evidence taken ..... facts of the present case.9. shri palshikar also drew my attention to the observations of patna high court reported in ram saran singh v. mohammad jan khan air 1926 pat 34 : 26 cri lj 1394. the relevant headnote on which reliance is placed runs as under:-it is certainly not a correct procedure to defer the ..... his judgment no sufficient ground for proceed' ing.8. shri palshikar has drawn my attention to the authorities of our high court. one is reported in re virbhan bhagaji (air 1928 bom 290) :29 cri lj 975). it is a division bench judgment. the headnote runs as under-what is ordinarily contemplated by section 202, criminal procedure code, is .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR788
..... be knowingly concerned in fraudulent evasion or attempt at evasion of the prohibition. as the prohibition mentioned in may be one imposed under the act or under any other law for the time being in force, there is a further controversy which needs to be resolved. 25. according to mr. khandalwala, the words 'any other law for the ..... offence when he is knowingly concerned in any fraudulent evasion or attempt at evasion of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to 'such goods'. on behalf of the accused no doubt an argument is made that the expression such goods will be ..... knowingly concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to such goods. (b) * * * he shall be punishable ................'. 12. the section makes three actions of a person punishable. (1) .....
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