Court : Mumbai Nagpur
..... was open for the police to rebut this possibility by proving the deceased to be a person of suicidal tendency, or by positively proving by appropriate witnesses, including police officer concerned, by filing affidavit or by bringing any other evidence that he was not at all ill-treated. 62. ..... while in general parlance and in the welfare concept, even in motor accidents and other acts of fatal accidents, the concept of 'no fault liability' is emerging, attempting to keep a track with the doctrine of 'strict liability' by analogous principle ought not come into play when the death occurs while in police custody. ..... property is said to have been sold and proceeds utilized, but no efforts are shown either before arrest, during the arrest or after death of nitin patil, as to whether trace of purchaser of stolen property, its appropriation, destruction etc. ..... even not amount to a culpable homicide not amounting to murder, since police may not be presumed to know that the act which they commit would result in driving a person to commit suicide. ..... in the given situation, but for that, it is not a deliberate act of the police to kill nitin patil, it would definitely not be ..... hence they failed to prove their having acted in such a manner which would lead the suspect to end his life ..... , instead of leading to a conclusion favourable to prosecuting agency and the state, creates a strong suspicion about the entire act of police of initially arresting nitin patil. 45. ..... haryana & others [(2005) 10 scc 1]. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this situation, it is difficult to accept that a person for whose benefit provision like essential commodities act, 1955 or then above mentioned licensing order or regulation order have been made, has got more to say when it comes to malpractice or defects in distribution of such commodities ..... because of these developments, the letters patent appeal was disposed of on 30.09.2009 by giving liberty to party aggrieved by fresh decision of the hon'ble minister/state to challenge it before appropriate forum. ..... , it is seen that the government has intentionally retained that duty and power to be exercised in public interest in appropriate circumstances. ..... in appropriate circumstances, he can seek review ..... order mentioned supra is framed in exercise of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. ..... this judgment is under provisions of schedule commodities act and deals with fixation of price of sugar ..... collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. ..... regulation of cinema act, 1955 and rules framed thereunder. in ..... reliance is also being placed upon the judgment reported at 2005 (2) mh.l.j. ..... hon'ble minister for cooperation and others (supra), had occasion to consider similar challenge visavis provisions of the maharashtra cooperative societies act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it will be appropriate to refer to para 151 of the judgment of sharad birdichand sarda (cited supra), which reads thus : ..... now, it is a settled position of law that, that part of a statement made u/s.27 of the indian evidence act which leads to discovery in consequence of such statement from accused would be admissible in evidence. ..... however, the apex court has further held that but cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a ..... accused no.3/appellant herein submits that the only evidence against the said appellant are: a) the evidence of billukumar pille (pw-9), b) confessional statement which is relied on by the learned trial judge u/s.30 of the indian evidence act and, c) recovery of mobile handset of the deceased from the said accused. ..... but cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain ..... trial judge has heavily relied on provisions of section 30 of the indian evidence act for using the said confessions for the purpose of conviction. 24. ..... be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. ..... state of bihar reported in air 1964 sc 1184 before the constitution bench of the apex .....
Tag this Judgment!Court : Mumbai Nagpur
..... from the date of application filed for condonation of delay, it must be stated here that it is well settled now that ordinarily the interest is to be granted in view of section 171 of the motor vehicles act, 1988, from the date of the petition, unless there is evidence to show that the petitioner was responsible for delay in disposal of the petition in which case the date from which the interest would be liable ..... then, there would also be no difficulty in determining the appropriate rate of interest as prevailing in the year 2001, when the impugned judgment and order were passed ..... it is well settled law that while exercising power under section 166 of the motor vehicles act, motor accident claims tribunal can always grant compensation which is higher than the compensation claimed in ..... the tribunal, there is no compensation determined and granted by any authority and in determining the reasonableness of the compensation, the tribunal does not act under any limitations created by recording of a finding that the compensation granted is reasonable. ..... paswan, vii (2005) slt 257, ..... the petition but from the date of the application filed by the appellants for condonation of delay that had occurred in presenting the claim petition under the provisions of the motor vehicles act, 1988 as it existed in the year 1991. 8. ..... has not been claimed in this appeal, this court would have power to grant the same in view of the nature of jurisdiction exercised under section 166 of the motor vehicles act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of [the mines act, 1952 (35 of 1952)], or [a mobile unit belonging to the armed forces of the union, railway running shed or a hotel, restaurant or eating place] [or a poly house or green house engaged in the activity of floriculture or pomology or high value crops] [explanation ..... though the above referred committee has recommended the regularization of the employees, after following the procedure, it will not be appropriate to direct the petitioner no.1/university to regularize the respondents/employees after following the process of advertisement and selection, as the following of the process cannot be a formality. ..... shri ghate, learned advocate for has relied on the provisions of section 2(4) and section 38b of the bombay shops and establishments act, 1948 and has submitted that the petitioner no.1/university is having more than 50 employees on its establishment and, therefore, the provisions of the act of 1946 are applicable and the model standing orders will apply mutatis mutandis and the respondents/employees having worked continuously for more than 240 days ..... presiding officer, labour court, allahabad reported in 2005 (104) flr 834 and (ii) judgment given by the division bench of delhi high court in the case of indraprastha medical corporation ltd. v/s. .....
Tag this Judgment!Court : Mumbai Nagpur
..... said petition, the following were prayer clauses:- (i) the respondents no.4 and 7 be directed by issuing a writ of mandamus or any other appropriate writ to demolish the illegal and un-authorised construction on the open space in the layout/site plan at annexure-i, which is a part of ..... or not within the limits of his jurisdiction: provided that he at the time in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any court or other person, bound to execute the lawful warrants or orders of any such judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court, for the execution of any warrant or order, which he would be bound to execute, ..... medium school building and the compound walls surrounding the said school building; (iv) by issuing a writ of mandamus, the respondent no.2, 3 and 7 be directed to take appropriate steps for demolition of the structure known as matoshree sabha-gruh ? ..... of the petitioner, no permission was sought from the appropriate authority for two construction of samadhi of late shri jawaharlal ..... the supreme court found that merely because the bank officers had performed their duties under sarfaesi act to recover the loan which had become npa, he filed the complaint before the magistrate under section 156(3) of the code, even after the high court had quashed the earlier proceedings ..... state of bihar and another]; [b] (2011) (7) scc 59 [ .....
Tag this Judgment!Court : Mumbai Nagpur
..... asole, learned counsel for petitioner submitted that copy of application dated 29-12-1997 has been received by petitioner under right to information act and copy of later application dated 19-03-1998 is not received by her from respondent no.2. ..... we have also perused the judgment dated 15-01-2005 delivered in regular civil suit no.40 of 2001 by learned civil judge, junior division, anjangaon surji. ..... state of bihar[(2000) 7 scc 192], state of manipur v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... so far as rebuttal of the presumption envisaged by section 118 and 139 of the negotiable instruments act, it is argued on behalf of the respondent/accused that though it is accepted that foundation has been laid by the complainant to attract the presumption under said section then also the case of the complainant ..... of this court, in fact, there is nothing to again discuss the issue of authority or otherwise vested with the complainant in lodging the complaint under section 138 of the negotiable instruments act for and on behalf of m/s saibaba investments, of which his wife jyoti is the sole proprietor. ..... also be dealt with hereunder at the appropriate place. 14. ..... disproved' to the principle behind section 118 (a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not exist or considers the non-existence of the consideration so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that the consideration does not exist. ..... regarding presumption under section 118 and 139 of the negotiable instruments act, much is argued by the learned counsel for the appellant/complainant that the necessary facts required to prove and required to raise the presumption under said sections in favour of the ..... bhansali...versus...pushpadevi kailashkumar agrawal and another, reported in 2005 (2) mh.l.j. ..... (a) 2005 (2) .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is thus clear from the above referred discussion of the principles of law governing the discretionary powers of court under section 5 of limitation act, 1963 that though a technical approach in the matter of condonation of delay is better avoided, these discretionary powers should not be so exercised as to help a party which is negligent and does not ..... has taken a view that in the matter of condonation of delay, a highly pedantic approach should be avoided and the appropriate course should be to enhance the cause of substantial justice. ..... had no reasons to not take any prompt steps in filing an appeal especially during the period from 15.2.2010 till 25.8.2010 and since it has not been shown that they were acting with due diligence, it must be held that these appellants were negligent in prosecuting the remedy available to them at law. ..... principles should be adhered to and applied appropriately depending on the facts and circumstances ..... who could not have been relied upon for taking appropriate steps for filing of the appeal. ..... down by the honble apex court in the said case of lanka venkateswarlu (dead) by lrs, i find that discretion available to the court under section 5 of the limitation act, 1963 could not have been worked for the benefit of the appellants. ..... on record, as submitted by learned counsel for the appellants, her death certificate indicating that she had expired on 30th january, 2005. ..... the first appellate court and it clearly showed that she had died on 30th january, 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, if a notice of the pendency of such suit or proceeding is registered under section 18 of the indian registration act, 1908, the property after the notice is so registered cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which ..... that a solution has been found to this problem in the state of maharashtra by an appropriate local amendment to section 52 of the act, by bombay act 14 of 1939. ..... it would be appropriate to quote the relevant paragraphs from the said judgment: a related suggestion ..... the state legislature ought to extend the said amendment of bombay act no.14/1939 to the entire state of maharashtra rather than resting ..... a little care was taken by bombay act no.14/1939 by providing for bombay amendment to section 52, but then the said amendment of the requirement by amended provision has not been made applicable to the areas other than only the greater ..... farida khatoon :(2005) 11 scc 403, two judges of the honble surpeme court in ..... others); air 2005 sc 2813 (1) ..... iyyamperumal, (2005) 6 scc 733, the apex court in paragraph ..... the application (exh.23) only on the ground that the petitioner is a subsequent purchaser and is a stranger to the litigation and in view of section 52 of the transfer of property act (henceforth referred to as the t.p. .....
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