Court : Mumbai Nagpur
..... the contention cannot be accepted for the reason that once the real owners of the suit property have, by their own conduct, as per section 115 of the evidence act, intentionally caused the defendants to believe that the transferor is the true owner or is authorized by them to transfer the suit property, for which they had no objection, the transaction at exhibit 74 in favour of the defendants ..... shri khapre, the learned counsel for the appellant-defendants, has invited my attention to sub-sections (1) and (3) of section 20 of the hindu adoptions and maintenance act, 1956 along with sub-section (1) of section 22 therein, to urge that even if the plaintiff no.2 was the adopted son of laxmibai, he was under statutory obligation to maintain her and thus it was a ..... mohamed haji latif and others, reported in air 1968 sc 1413, and inviting my attention to the provisions of sections 103 and 114(g) of the evidence act, 1872, it is urged by shri khapre, the learned counsel for the appellant-defendants, that the defendants are the purchasers of the suit property from laxmibai, who died prior to filing ..... this court on 3-10-2005, framing the following two substantial questions of law: serial nos.substantial questions of lawfindings(i)whether the courts below have erred in applying the provisions of benami transaction prohibition act in respect of transaction of purchase of property made on 9.6.1965 which was admittedly long prior to coming into force of benami transaction act?does not survive. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the evidence of the said two witnesses that relates to the question of rash or negligent act is a solitary statement by malhari that the taxi was in a fast speed at that time. ..... damage or loss thereof (schedule-a clause 15) present charge against the driver also stands proved, without keeping the distance between the two vehicles and by driving the bus negligently doing the act of overtake due to which accident of serious nature can occurred. ..... 22.08.1995 and the order passed by the industrial court in revision application (ulp) no.9/2001 on 12th august, 2005 are set aside. ..... case the res speaks and is eloquent because the facts stand unexplained, with the result that the natural and reasonable inference from the facts, not a conjectural inference, shows that the act is attributable to some person's negligent conduct. ..... 's `an exhaustive commentary on motor vehicles act, 1988' (first edition, 2010] ..... drives a vehicle on the road is liable to be held responsible for the act as well as for the result. ..... imputability arises from acting despite consciousness ..... in air 2005 sc 570. ..... `culpable negligence' is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution incumbent upon him and that if he ..... `culpable rashness' is acting with the consciousness that mischievous and illegal consequences may follow but with the hope that they will not and often with the belief that the actor has taken .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned counsel relied upon the judgment of the honourable supreme court in (2005) 4 supreme court cases 315 vithalbhai (p) ltd. vs. ..... according to the respondent as the petitioner was in arrears of rent, he had issued a notice under provisions of section 15(2) of the maharashtra rent control act, 1999 (for short, the said act) dated 11/02/2008. ..... the provisions of section 15(2) of the said act read thus : sec. ..... , until the expiration of ninety days next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the transfer of property act, 1882. ..... it is held that the suit is liable to be dismissed as having been filed prior to the statutory period prescribed under section 15(2) of the said act. ..... in view of aforesaid, the only conclusion that can be drawn from the aforesaid facts is that the suit for eviction was filed in a manner contrary to provisions of section 15(2) of the said act. ..... according to him, the suit could not have been filed before the expiry of the period of ninety days as stipulated under section 15(2) of the said act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the general principles and it cannot be rejected in view of the embargo created by the proviso below rule 17 of order vi of the code of civil procedure (central act) and on the ground that the petitioner has not been able to show that inspite of due diligence he cannot bring on the record the facts sought to be brought on the record by the ..... or repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897 (10 of 1897) (a) the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5; and every such appeal shall be disposed ..... considering the conjoint effect of the provisions of section 4 and section 122 of the code of civil procedure and section 97(1) of the amending act, it has to be held that the proviso below rule 17 of oder vi of the code of civil procedure, which is added in the central act will not apply to the civil suits tried by the courts situated in the state of maharashtra as there is no such proviso below rule ..... reported in air 2005 sc 514(1), particularly paragraph no.44 of the judgment and has submitted that section 97(1) of the amending act has the effect of sweeping away the amendments made and the provisions inserted in the principal act by the state legislature, or the high court in exercise of its delegated powers of legislation, and .....
Tag this Judgment!Court : Mumbai Nagpur
..... kukday, the learned advocate has submitted that the learned commissioner has failed to exercise the jurisdiction vested in him by section 19 of the act of 1923 by not deciding the question as to whether the appellant is liable to pay the compensation or the liability is of the insurance ..... keeping in mind the above principles, it would be appropriate to examine whether in the instant case the above principles could ..... the proceedings under the workmen's compensation act, 1923 (for short act of 1923 ) were filed by the legal representatives of two employees who died in the ..... it cannot be said that the provisions of section 19 of the act of 1923 cast an obligation on the commissioner to decide the dispute between the employer/contractor and the insurance company and if it is permitted then the proceedings would be prolonged which would result in delay in awarding the ..... it cannot be said that section 19 of the act of 1923 casts an obligation on the commissioner to decide inter se liability to pay the compensation vizaviz the employer and the ..... present case this issue will not arise also inasmuch as the contractor has already made a claim against the insurance company under the provisions of the consumer protection act and it is pending in appeal.8. ..... the act of 1923 is enacted to enable the employees to claim the compensation and it being beneficial legislation, the provisions of section 19 of the act of 1923 cannot be interpreted in a manner which would result in multiplicity and protraction .....
Tag this Judgment!Court : Mumbai Nagpur
..... from the evidence adduced by the prosecution, it appears that the act of the accused was premeditated and was well planned in advance to satisfy his personal vendetta for the incident which had occurred on the earlier day. ..... the evidence of pw5 vijay dhokne would show that on 29.8.2005 at about 12 to 1 noon, he was playing cards along with harshwardhan gavai, samadhan dhokne, sunil zamre, milind sadashiv, kishor sadanshiv, and siddharth janjal under the banyan tree standing in front of the house of shivlal ..... he has deposed before the court that on 29.8.2005 he was playing cards along with vijay dhokne, harshwardhan gavai, sunil zambre, milind sadanshiv, kishor sadanshsiv and ..... case of the prosecution in nutshell is that:- on 29.8.2005 mahadeo suryabhan dhokne lodged a report at old city police station, akola alleging therein that on 29.8.2005 at about 1.30 p.m. ..... according to pw6, on 29.8.2005 at about 1 to 1.40 in the noon while he was playing cards with samadhan dhokne, vijay dhokne, milind sadanshiv, kishor sadanshiv, sunil zambre, ravindra helode, santosh bhatkule and deceased siddharth under the banyan tree, ..... 276/2005 was registered against the accused for offence punishable under section 302 of ..... 153 of 2005 by a judgment and order dated ..... weapon of assault was seized from the accused under section 27 of the indian evidence act. ..... case was committed to the court of sessions and registered as sessions trial no.153 of 2005. ..... of investigation, charge sheet was filed on 11.10.2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... these three criminal appeals arise out of a judgment and order of conviction passed by the 3rd adhoc additional sessions judge, wardha dated 13.10.2005, convicting the appellants in these appeals, for the offences punishable under sections 147, 148, 223, 337 and 149 of the indian penal code and they were directed to suffer imprisonment for a period of one ..... the hon'ble apex court further observed that in absence of such finding and omission on the overt act on the part of the accused persons, mere fact that they were present would not be sufficient to prove the common object ..... investigating officer also seized the clothes of the accused persons by drawing appropriate seizure panchnama. ..... therefore, the other accused persons cannot be held vicariously responsible for the act done by these three persons, since they were not sharing the common object and/or intention with these three persons to cause injuries, both serious and fatal to anup and ..... it would be appropriate to describe in the word of the said eye witness, which reads as accused vijay bawane sat on his chest and gave 5 to 6 blows of sattur on deceased ..... in order to bring the case within the first part, the act must be one, which upon the evidence appears to have been done with a view to accomplish the common ..... state of bihar (2011) 2 scc (cri) 632, has held that before convicting the accused persons with the aid of section 149 of the indian penal code, the court must give clear finding regarding the nature ..... state of bihar. 27 .....
Tag this Judgment!Court : Mumbai Nagpur
..... the appellant will be legally entitled to realise and appropriate the entire income from this 64.92 acres of land continuously for a period of 4 years after restoration of the physical possession thereof by the respondent without any obstruction from any person, including the respondent. ..... where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period not exceeding thirty days in total, even though the period originally fixed or granted may have expired. ..... in our opinion, the order of the executing court dated 23.11.2005 is beyond his jurisdiction and a nullity. ..... it is obviously from the language of the section, such a power can be exercised only in a case where a period is fixed or granted by the court for doing of any act prescribed by this court. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (i) the entire disciplinary proceeding stand vitiated inasmuch as no proper and appropriate opportunity was given to the petitioner to defend himself effectively in departmental proceedings and, therefore, the inquiry stands vitiated. ..... 11.07.2001) was working as a manager (credit) at our akola branch (nagpur region), he is reported to have committed certain acts, and deeds and to have omitted to do certain acts and deeds which it was his duty to do, all and each of which acts and omissions, if proved would amount to misconduct under regulation 3 (1) and 24of the bank of baroda officer employees (conduct) regulations, 1976 and also otherwise under law. ..... present petition, the petitioner is challenging the order dated 14.01.2004 passed by the disciplinary authority imposing penalty of removal from service upon the petitioner together with the order passed by the appellate authority dated 17.03.2005 by which the appeal preferred by the petitioner came to be rejected. 2. ..... the appellate authority, vide order dated 17.03.2005 found that there is no merit in the petitioner's appeal and, therefore, the appeal was dismissed. ..... in that view of the matter, following order is passed: (i) writ petition no.4482/2005 is dismissed. ..... he did acts unbecoming of a bank officer. ..... his acts of omission and commission will result in substantial loss to the bank. 7. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the evidence of the prosecutrix, p.w.1, vide exh.21 and the first information report lodged by her vide exh.22 are very relevant and, therefore, it would be appropriate if same are considered first. ..... it would, therefore, be appropriate to turn to the other evidence. 11. ..... prosecutrix may have had some relation with the appellant and as she stayed away for the whole night from her house voluntarily and probably had no justifiable explanation to put forth for such an act, she may have tried to implicate the appellant in the present case. 14. ..... this is an appeal against the judgment and order dated 30/7/2005 delivered by 2nd adhoc additional sessions judge, pusad thereby convicting the appellant for an offence punishable under section 376 of the indian penal code and sentencing him to suffer rigorous imprisonment for a period of ten ..... the above evidence would indicate that after the alleged second act of rape, the prosecutrix did not go into the state of unconsciousness. ..... punishable under section 376 ipc and accordingly convicted and sentenced him to suffer rigorous imprisonment of ten years together with fine of rs.1,000/- with default sentence of three months by his judgment and order dated 30/7/2005. .....
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