Court : Mumbai Nagpur
..... present criminal appeal is preferred by sole accused against the judgment and order of conviction dated 4th january 2005 delivered by 2nd adhoc additional sessions judge, nagpur in sessions case no. ..... away any other possibility to accept the submissions on behalf of the appellant that he was just to scare his wife and was not intending to kill her or for that purpose, not knowing that his such act would cause the death of his wife. .....
Tag this Judgment!Court : Mumbai Nagpur
..... being aggrieved by the said judgment and order, original accused no.1 preferred appeal in the year 2005, however, during the pendency of the appeal, original accused no.1 died and his wife smt. ..... the impugned judgment and order dated 30/11/2005 is quashed and set aside. ..... by the impugned judgment and order original accused no.1, present appellant (since deceased), was convicted for the offences punishable under section 7 and also punishable under section 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988. ..... prosecution in nutshell can be mentioned in order to appreciate proper prospective of the matter and in order to ascertain whether material brought before the trial court warranted conviction for the offences charged under the prevention of corruption act. 3. ..... heard rival arguments on earlier dates on this criminal appeal preferred by the original accused (since deceased) challenging the judgment and order of conviction passed on 30/9/2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is made clear that the appellant-insurance company shall be at liberty to institute appropriate proceedings against the owner and the driver of the offending vehicle to recover the amount of compensation paid to the claimants, and neither the judgment of the tribunal nor this judgment shall come in the way of ..... in motor accident claim petition no.65 of 2003 filed under section 166 of the motor vehicles act, 1988, the appellant-insurance company, along with the owner and the driver of the offending vehicle, i.e. ..... absence of any such evidence, the insurer cannot avoid its liability to pay the compensation to a third party, particularly when the undisputed position is that the vehicle was insured on the date of the accident with an act policy. ..... the point for determination is as under:whether the insurer was liable to be discharged on the defence that the driver of the offending vehicle was not holding effective driving licence, as contemplated by section 3 of the motor vehicles act?5. ..... learned counsel appearing for the appellant-insurance company, that undisputedly the licence had expired on 26-1-1999 and no application for renewal was submitted within a period of thirty days, as required by section 15 of the motor vehicles act. ..... , preferred this appeal claiming exoneration from the liability of payment of compensation on the defence that the driver of the offending vehicle was not holding the effective driving licence, as contemplated by section 3 of the motor vehicles act.2. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned district judge could not have granted the benefit of section 14 of the limitation act to the respondent without there being any application and without there being any pleadings in that ..... the judgment and decree passed in regular civil appeal no.244/1992 on 26th september, 2005 is set aside and the small cause civil suit no.86/19987 filed by the respondent ..... is debatable as to whether the impugned judgment and decree can be challenged in revision or in writ petition, as the writ petition is admitted and is pending for final hearing since 2005, i have taken up the petition for final hearing without delving into the issue. 4. ..... the learned district judge has committed an error in granting benefit of section 14 of the limitation act to the respondent without there being any application or pleadings on the record to substantiate that the respondent was prosecuting the earlier proceedings with due diligence and in good ..... it is submitted that the respondent tried to avail the benefit of section 14 of the limitation act at the time of arguments, however, the respondent has neither filed any application nor there are pleadings in the plaint to explain that the respondent is entitled for the exclusion of the period for ..... by the petitioner, in my view, the petition is required to be allowed on the ground that the small cause civil suit filed by the respondent was barred by limitation and the benefit of section 14 of the limitation act could not have been extended to the respondent. .....
Tag this Judgment!Court : Mumbai Nagpur
..... thrust of the defence is, thus, on arguing that the prosecution has failed to establish and prove a coherent picture of specific acts attributable to particular accused persons who have committed specific acts constituting commission of the offence charged, and in absence thereof, it would be impossible to convict either of the accused persons ..... [c] election to the gram panchayat was held on 24th october, 2005, results were declared on 25th and the incident occurred on 26th between 8-00 ..... rule of precedent as is emerging therefrom is that when an accused is being convicted for being liable as a member of an unlawful assembly for acts done by other members of the assembly, his pinpointed identification is imperative. ..... state of bihar [air 1989 sc 1456].proposition :for convicting any accused for offence punishable under section 149 of indian penal code, vicariously or constructively, for an act of unlawful assembly, proof of common object from the conduct of the accused persons distinct from the common intention is a condition precedent. ..... the statement of this witness is recorded on 29th october, 2002, although he acted as a panch of seizure of blood-stained earth, 5 ubharis, scooter of arun dehsmukh, wrist watch, ..... undoubtedly, it is proved to be a group of about forty persons, out of which different persons joint and/or common in the acts of shouts, utterances and assault have been identified. ..... state of bihar [2010 air scw 4426],[2] pandurang chandrakant mhatre & ..... 26th october, 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... reference was made to observations in para 13 of the said ruling indicating that it is now well established that requirements in clauses (a) and (b) of section 25f of the industrial disputes act are mandatory while requirement under clause (c) there under is only directory and therefore, failure to maintain seniority list by itself would not result into termination order being declared as illegal merely on ..... thus, it is submitted that there was compliance of section 25f and g of the industrial disputes act in view of notice calling upon the petitioner to note about closure of family welfare centre and termination of ..... validity and legality of the award dated 5th september, 2005 passed by the 1st labour court, nagpur in reference no.ida53/2005 under the industrial disputes act. ..... state of bihar and others reported ..... adjudication of industrial dispute relating to reinstatement, full backwages and continuity of service to the labour court, nagpur vide reference no.ida53 of 2005. ..... part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of section 25fff of the act. 10. ..... prepare and display seniority list of the cadre of clerk and also failed to comply with the provisions of section 25f of the industrial disputes act. ..... organisation and notice of one month or notice pay was not paid to the petitioner and the principle of last come and first go was not complied with as contemplated u/s.25g of the industrial disputes act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... exists or is apprehended and if such a reference is made, it is legitimate expectation from the government wherever possible to indicate the nature of dispute in the order of reference; b) the order of the appropriate government making a reference under section 10 of the act is an administrative order and not a judicial or quasi judicial one and the court, therefore, cannot sit as if appellate court so as to examine the order of the reference meticulously to find out if ..... government to support its conclusion, as if it was a judicial or quasi-judicial order; c) an order made by the appropriate government under section 10 of the act being an administrative order, no lis is involved as such an order is made on the subjective satisfaction of the government; d) if it appears from the reasons given that the appropriate government took into account any consideration irrelevant or foreign material, then the high court may in a given case consider the ..... second punjab tribunal reported in 1957 i llj 460 (sc), the apex court has observed thus: ...it is clear that section 10 is not discriminatory in its ambit and the appropriate government is at liberty as and when the occasion arises to refer the industrial disputes arising or threatening to arise between the employers and the workmen to one or the other of the authorities ..... legality of the judgment and award, dated 9.6.2005 passed by the labour court, wardha in reference ..... state of bihar reported in 1989 ii llj 558 (sc), the apex court in .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the said clarificatory order and the entire matter carefully, we find it to be per incuriam for which we record the following reasons: per incuriam: in the first place, the maharashtra zilla parishad and panchayat samitis act, 1961 and the conduct rules cited supra, in particular rule 5 (2), provides for age of retirement of zilla parishad servant; whether is a teacher working in any school or employee of the zilla parishad; is 58 years and not 60 ..... (supra) by judgment dated 09.09.1992, the apex court held that the employees governed by the provisions of the mp act and who were confirmed prior to 31.12.1965 would get retirement/superannuation at the age of 60 years and not 58 years ..... all the above provisions were not brought to the notice of the court when the said clarificatory order dated 04.03.2005 was made nor any arguments were advanced or question was decided by said order. ..... as 58 years and in clause (4) of the said government resolution, translation of which is extracted below, it is clearly stated that the government in exercise of its power under section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 had ordered that the age of superannuation of zilla parishad would be 58 years and not 60 years. 4. ..... (supra) the apex court held that those who were governed by the provisions of the mp act, were entitled to the age of superannuation, in which age of superannuation was 60 years and not 58 years. ..... the state of bihar (see the discussion in scr at pp .....
Tag this Judgment!Court : Mumbai Nagpur
..... paragraph no.6 to state that in this situation, objection being raised before this court is misconceived and unsustainable.7.it is urged that as resolution is properly proved and it authorises shri jain to take appropriate steps to get the shop blocks vacated and also sanctioned funds for said purpose, suit filed by the trust through said shri jain is in accordance with law and the full bench judgment ..... supra), is the judgment which considers dispute about will and in that background observations about section 90 of evidence act, presumption and its applicability to production of copy or then about need to lead foundation before producing secondary evidence, ..... trust by petitioners are not relevant at all.9.after hearing respective counsel, i find that the trial court has relied upon evidence of shri jain and held that he is authorized by resolution exh.20 dated 24.01.2005 to take necessary steps for acquiring the tenanted premises for the need of the public trust. ..... it is stated that the standards which apply to an individual landlord under section 16[1][g] of the maharashtra rent control act, 1999 also apply with same rigor to respondent no.1 trust.6.shri sarda, learned counsel for respondent no.1 has urged that there is no challenge to status of respondent ..... madhaolal dubey).5.attention is also invited to the notice dated 10.03.2005 issued before filing of the suit to urge that no specific purpose or need is pleaded in it and to urge that for the first time the purpose has ..... 2005 ..... 2005 .....
Tag this Judgment!Court : Mumbai Nagpur
..... this objection in the revision filed before the high court, the learned single judge, relying upon sections 21 and 22 of the bombay civil courts act, 1869, held in paragraph 5 thus:- the scheme of the act thus shows that the civil judges are appointed in the district and all of them are subordinate to the district judge who is a head of ..... counsel, submits that when a civil court comes to the conclusion that it has no territorial or pecuniary jurisdiction the appropriate course for it would be to return the plaint in view of the provisions of order 7 rules 10 and 11 ..... came to the conclusion that the trial court lacked jurisdiction, could it in law allow the appeal and dismiss the suit in stead of returning the plaint to be presented before the appropriate court in view of the provisions of order vii rules 10 and 11 of the civil procedure code? ..... the hon'ble apex court further held that the policy underlying section 21 and section 99 of cpc and section 11 of the suits valuation act, is the same, namely that when a case had been tried by a court on the merits and judgment rendered, it should not be liable to be reversed purely on technical grounds, unless it had resulted in failure ..... the hon'ble apex court further held that under section 11 of the suits valuation act, the decrees are liable to be interfered with in an appellate court on the ground of over-valuation or under-valuation, not in all cases and as a matter of course, but only if final disposal of ..... and others, 2005(1) bom. .....
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