Court : Mumbai Aurangabad
..... the result, we pass the following order: order i] the writ petition is partly allowed. ii] the conviction of the petitioner for the offence under section 44 of the army act, 1950 is maintained, however, sentence of rigorous imprisonment for one month awarded to him is set aside. iii] the punishment of dismissal from the service awarded ..... the petitioner did not disclose about registration of the offence against him and pending criminal case. therefore, the respondent authority has rightly invoked the provisions of section 44 of the army act, 1950 and rightly convicted him for the said offence. the said conviction does not call for any interference. 12. the learned counsel for the petitioner submits ..... , 506 r/w. 34 of ipc. as the consequence of which the commanding officer had framed the tentative charge against the petitioner under section 44 of the army act, 1950 on 9th may, 2001 for giving negative answer at the time of enrolment when query was put to him that have you ever been imprisoned .....
Tag this Judgment!Court : Mumbai Aurangabad
..... was referred to as an unknown person. in spite of the same, no any test identification parade was held as per section 9 of the indian evidence act. he further submitted that the prime witnesses namely, p.w.1, p.w.3, p.w.4 and p.w. ..... suffer r.i. for one year and to pay a fine of rs.500/-. however, he was acquitted of the offence punishable under section 307 r.w. 34 of i.p.c. the reasons and findings recorded by the 3rd additional sessions judge, ahmednagar while convicting the ..... for the appellant submitted that the appellant is the original accused in cr no.50/2004 registered with shrigonda police station for offence punishable under section 307 r.w. 34 of i.p.c. along with the appellant, three other accused were involved in the said crime. however, ..... passed by learned additional sessions judge, ahmednagar in sessions case no.112 of 2004 thereby convicting the appellant for the offence punishable under section 324 r.w. 34 of i.p.c. and sentencing him to suffer r.i. for one year and to pay a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the petitioner because of disability incurred by him cannot be faulted with as the same is in accordance with the provision of section 22 of the army act, 1950 read with rule 13(3) of the army rules, 1954. as the discharge of the petitioner was on recommendation of the invalidating medical board, ruling in the matter of ..... joining of the service and, therefore, the disability suffered by him in the year 1989 is definitely attributable to the army service. the learned counsel further submitted that as per section 23 of the army act, it is necessary to furnish discharge certificate on removal from service and as the same is not issued, the petitioner ..... junior commissioned officers, other ranks and noncombatants (enrolled). the case of the petitioner is undoubtedly governed by chapter iii as he was recruited as clerk in army. in that context, regulation 112 is clear. the petitioner is claiming disability pension. as such one will have to consider provision of regulation 173, which .....
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..... respondent no.4, therefore, may be set aside and the petitioner may be directed to be enrolled in army. 5. the learned counsel for the petitioner further submits that as per subsection (2), section 19 of the act of 2000, the juvenile justice board has to make an order directing that the relevant records of the conviction ..... in any other offence in future, vide clause (a), subsection (1), of section 15 of the act of 2000. in view of subsection (1), of section 19, passing of such order against the petitioner would not be a disqualification for enrolment of the petitioner in army. he submits that the impugned letter dated 31st march, 2016, issued by ..... clause cannot be used for disqualifying the petitioner for his enrolment in the army on the ground that he was held guilty by the juvenile justice board. such disqualification has been specifically removed by the provisions of subsection (1) of section 19 of the act of 2000 and the non obstante clause used therein would override directive no .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of india. realising the likely confusion in the minds of even honest persons the resolutions/legislation passed by the state governments should spare some succour to this section of persons. this can be best illustrated by the fact that it was in milind that the constitution bench clarified that koshtis or halbakoshtis were not entitled ..... 18-10-2001, no appointments and/or promotions could be made without production of a caste validity certificate under sub-section (2) of section 6 of the said act, but it is a fact that some such appointments have been made. (d) in terms of the decision in milind's case, all the ..... scheduled caste, scheduled tribe, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (mah.act 23 of 2001), the management called upon the employee by letter dated 25/01/2005 to submit his tribe validity. similar such reminders were issued to the employee .....
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..... consent heard finally at admission stage. record and proceedings received. 2. the appellants in appeal no.1633/2012 filed application no.11/2011 under section 47 of bombay public trust act, 1950 for their appointment as trustees. similar application was preferred by arun dattatraya mahale and others being application no. 9/2011 before joint charity commissioner ..... grabbing several trusts. 6. mr. v.d. hon, learned counsel for appellants says, by reading the order under challenge no safeguards under section 47 of bombay public trust act, 1950 are followed, no procedure as contemplated is seen to have been followed. from the list of appointed persons namely ananta barka chaudhari and himmat ..... also suggested four names from the group of intervenors. 13. the jt. c.c., nashik was expected while sitting in the proceedings under section 47 of bombay public trust act, 1950 to take care to safeguard interest of the trust as such. without assessment and availability of evidence, the jt. c.c. was not .....
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..... or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or ..... that matters of service conditions including the issue of termination of an employee from service will lie before the labour court and not before the cooperative court under section 91 of the act of 1960. it was held that if the employee is covered by the definition of workman, the dispute will have to go before the labour court and ..... therefore or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the .....
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..... evidence." thus, the ordinary rule is that for proving contents of document, the document itself is the best evidence. section 61 of the evidence act relaxes this rule. section 61 and other provisions show that when there are circumstances due to which it is not possible to produce the document and the grounds mentioned ..... was expected to prove the things like execution of document and contents of the document. relevant provisions in that regard are quoted hereinafter. 14. the provision of section 59 of the evidence act reads as under:- "59. proof of fact by oral evidence.-- all facts, except the contents of documents or electronic records, may be proved by oral ..... the defendants wanted to prove that it was a loan transaction. this point is addressed by the first appellate court by discussing the provision of section 92 of the evidence act and the necessary discussion in that regard is made by this court at proper place. 13. it is already observed that plaintiff is relying on .....
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..... request and demand to the petitioners to get executed and registered the agreement of tenancy, the petitioners avoided the tenancy and hence, committed an offence under section 55 of the said act. the petitioners question validity, legality of the said process. 4. mr. deshmukh, learned counsel for the petitioners submits, that the complaint petition is ..... no.2, even if is filed after eviction proceedings by the petitioners, however, the inherent right in the respondent no.2 to take recourse to section 55 of the rent act is not whittled away or foreclosed. the complaint petition cannot be branded as arduous proceedings. 14. according to black's law dictionary, "continuing" means ..... the petitioners were made aware of the obligation to execute the lease deed on 22.3.2007, but the agreement was not executed. 16. section 23 of the registration act will not flow in favour of the petitioners in fact situation, as it deals with limitation for registration of the documents already written. however, in .....
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..... excessive?9. contractual rent is the standard rent of the suit premises. 9. the issues as regards the nuisance and annoyance, as provided under section 13(1)(c) of the act and section 13(1)(g), i.e. bona fide need, were answered against the plaintiff-landlord, petitioner herein. the learned trial court has noted that for ..... has in respect of the premises been convicted of an offence of contravention of any provision of clause (a) of sub-section (1) of section 394 or of section 394-a of the bombay municipal corporation act. 15. while countering the above referred submissions, mr bedre, learned counsel for respondent would urge that the said incident has ..... required in the impugned order of the learned trial judge?no 13. so far as the above referred issues are concerned, i.e. section 13 (1) (c) and section 13 (1) (g) of the act, the possession sought under the clause `nuisance' and `annoyance', both were answered against the present petitioner. learned lower appellate court, while dealing .....
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