Court : Mumbai Nagpur
..... directors to show to the trial court that they had nothing to do with the manufacture process and, therefore, they should not be held liable under section 34(2) of the act. 16. in the result, the application deserves to be dismissed. accordingly, the application is dismissed with costs of rs. 10,000/- (rupees ten thousand ..... a technical view based on pleadings in the complaint. mr. raichura contended that as per the settled law by this court in complaints under section 138 of the negotiable instruments act against company and directors also specific averment about the active role of directors in running the company has to be made, failing which the ..... foregoing paras, the avertments made in the complaint together with the evidence placed on record is more than sufficient to satisfy the requirement of section 34 of the drugs and cosmetics act, 1940. the averments made in complaint as reproduced in foregoing paras cannot be described as bald statements. the averments made in the complaint .....
Tag this Judgment!Court : Mumbai Nagpur
..... the parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. judicial ..... the accused were in his company or immediately thereafter, 3. the dead body of the deceased was discovered on information given by the accused under section 27 of the evidence act from a place which was distinctly within the knowledge of the accused no.1, 4. the time gap between both the accused last seen in ..... in (2013) 2 supreme court cases 114 which reads thus: "17. recently, in h. siddiqui (dead) by lrs. v. a. ramalingam13, while dealing with section 65 of the evidence act, this court opined though the said provision permits the parties to adduce secondary evidence, yet such a course is subject to a large number of limitations. "12......in .....
Tag this Judgment!Court : Mumbai Goa
..... areas) from which he was directed to remove himself. 14. the petitioner had canvassed before the respondent no.2 that neither this provision or that of section 3 of the act was attracted to his case and that he did not present an imminent danger to the peace and order. he had also put-forth his case that ..... 2 to give weightage to the incidents or offences purportedly after the initiation of the externment proceedings in 2011 which showed a colourable exercise of jurisdiction. 13. section 4 of the act contemplates the removal of persons about to commit an offence - whenever it appears to the district magistrate, or the sub-divisional magistrate specially empowered by the state ..... the criminal writ petition no.20/2015 which however came to be withdrawn at his instance as he wanted to seek recourse to an alternate remedy under section 7 of the act before the state government. he was again before this court in the criminal writ petition no.85/2015 as the appeal was not disposed off and thereupon .....
Tag this Judgment!Court : Mumbai Goa
..... report further shows a blunt trauma of less than 24 hours duration. thus prima facie it cannot be accepted that no case of an offence under section section 2(m)(i) r/w section 8(2) of the act is made out. 13. the case of mr. p. ravi (supra) proceeds on a concession on behalf of the state. that apart, the incident in ..... case found that only because one of the persons allegedly assaulted was aged 17 of age, an offence under said section 8 of the act cannot be said to have been made out. the circumstances in that case indicated that there was no reason for the assailant to have known the age of the ..... a dispute over a property in which there was an assault and obstruction and there were complaints and counter complaints lodge. in so far as the offence under section 8 of the children's act is concerned, it was in respect of an assault on master jason rodrigues, who was aged 17 years. this court found in the peculiar circumstances of the .....
Tag this Judgment!Court : Mumbai
..... due regard to the provisions of any draft or final plan [or proposals] [published by means of notice] [submitted] or sanctioned under this act. perusal of section 46 extracted herein above shows that while considering the application for permission, the planning authority has to have due regard to the provisions of any draft ..... not concern the duties of planning authorities to take security into account as a relevant factor while permitting development. the provisions of the said act and section 46 of the mrandtp act operate in entirely different fields. one does not exclude or override the other. 43. mr. khambata submitted that respondent no.4 contended that ..... noc is obtained from defence authority and on account of inaction on the part of army authorities, promissory estoppels operates against them. respondent no.4 .....
Tag this Judgment!Court : Mumbai
..... the said notification was in force as on 19.02.1991 when central government issued 1991 notification. the said notifications were issued under section 13(1) of mmrda act read with section 21 of the bombay general clauses act, 1904. clause b of notification dated 5.10.1989 reads thus, (b) in the are of the 'municipal corporation of ..... . road to residential user was without obtaining approval of mczma. apart from that, initiation of proceedings under section 50 of the m.r.andt.p. act was also illegal. it is also brought on record that bureaucrats, ministers, army officers or their kith and kin became members of adarsh society. it cannot be said to be a sheer ..... society. the considerations of traffic congestion and security operations of army during exigent time were totally ignored. moreover, the modification in the final development plan in that regard was not made in accordance with the provisions of section 37(1) of m.r.andt.p. act as no notice was given to minister of defence which is .....
Tag this Judgment!Court : Mumbai
..... the drt. it could always enter into a private conditional sale with specific terms and conditions. ms. sethna makes reference to various sections of the sarfaesi act, in particular section 31(e), to submit that the sarfaesi act does not apply to conditional sales over which no security has been created. this, in her submission, bars the application of ..... mr. cooper is, in our view, correct in his submission that this is in fact the exclusive jurisdiction of the recovery officer in view of sections 17 and 18 of the drt act. no civil court and no company court could ever have gone into the questions of liability and recovery. that law is now well-settled (allahabad ..... bank v canara bank, air 2000 sc 1535). further, rule 9 of the second schedule to the income tax act, 1961, which is applicable to the sale in view of section 29 of the drt act, expressly says that all questions that arise between the recovery officer and the defaulter or its representatives relating to the execution, .....
Tag this Judgment!Court : Mumbai
..... been filed before the hon'ble court against 45 additional accused persons, who were found involved in benami transactions for offences punishable u/sec. 120-b, 420 ipc and sec. 3 of benami transactions prohibitions act, 1988. in the said charge-sheet, for the role played by a-36 dr. arun dawle and a-37 shri sampat khidse ..... i rule 2 sub clause (ii) reads as follows: ii criminal - (a) -------------- (b) -------------- (d) applications for the exercise of the court's revisional jurisdiction under section 401 of the code of criminal procedure, and reports of cases of which record is called for on examination of criminal returnsor otherwise. (e) applications for leave to appeal under ..... matter of right. the hon'ble apex court further observed: the power to issue writs underwent a sea change with the coming of the constitution from 26-1-1950. now writs can be issued by the high courts only under article 226 of the constitution and by the supreme court only under article 32 of the constitution. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of any fix minimum wages for agricultural labour in the state, i am not inclined to consider the above rates as specified considering the provisions of the said act. 17. learned member of the tribunal has, thus, rightly considered the notional income of claimant at the rate of rs.3,000/- per month as the ..... notional income of an agricultural labour in the state of maharashtra. 15. learned counsel placed reliance on certain provisions of the national rural employment guarantee act, 2005. the said act provides for enhancement of the livelihood security of the households in the rural areas of the country by providing at least one hundred days of guaranteed ..... year 2014, the same has been reached to more than rs.6,000/- per month. learned counsel submits that under the provisions of the national rural employment guarantee act, 2005, the ministry of rural development has issued a notification dated 23.03.2012, wherein, the state-wise wage rate for unskilled manual workers is mentioned/fixed .....
Tag this Judgment!Court : Mumbai
Oral Judgment: (Anoop V. Mohta, J.) 1. Rule, returnable forthwith. Heard finally by consent of parties. 2. On 20 September 1997, the Petitioner was appointed by Respondent No.2 and posted at the office of Respondent No.3 on the post of Nurse under reserved category of Scheduled Tribe. Since the Petitioner was appointed from the reserved category, Respondent No.3 referred the caste certificate of the Petitioner to the Scheduled Tribe Certificate Scrutiny Committee, Thane for verification. The Scrutiny Committee, however, has invalidated the caste certificate of the Petitioner as belonging to Mahadev Koli, Scheduled Tribe on 13 June 2012. On 20 July, 2012, in view of the invalidation of tribe claim as belonging to Scheduled Tribe, Respondent No.3 passed an order thereby terminating the services of the Petitioner on the post of Nurse. 3. The Writ Petition filed by the Petitioner against the order of the Scrutiny Committee was disposed of by this Court directing the Divisional Caste Certif...
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