Court : Mumbai Nagpur
..... bail bond given by the accused in obedience to orders dated 01.04.1999 of this court shall remain valid and continue to operate until further appropriate orders are passed by the sessions court in this respect and during the pendency of the trial. ..... he further states that the medical officer who gave certificate of fitness in respect of ramratibai, acted very casually and in absence of proper certificate and examinations, that dying declaration also was not relevant. 4. ..... he submits that the deceased ramratibai ganeshsingh thakur had given a statement at exh.58, which has been treated and acted upon as dying declaration, contrary to law. ..... reported at 2005 alt (cri) 130, is again relied upon for this purpose. 12. ..... section 32 of the evidence act also uses expression statement orally or verbal . .....
Tag this Judgment!Court : Mumbai Nagpur
..... supply order of pgi dated 29.9.2002, and, in our view, to constitute an arbitration agreement between the parties and the action taken on behalf of the appellant and in view of section 7 of the act and considering the principles laid down by the aforesaid two decisions of this court, as noted herein earlier, we are of the view that the arbitration agreement did exist and therefore the matter should be referred ..... shri gharote, learned advocate has submitted that when it is established that there is arbitration agreement between the parties and an application under section 8 of the arbitration and conciliation act, 1996 is filed praying for referring the parties to arbitration and once it is established that the dispute between the parties is covered by the arbitration clause, then the trial court ..... kola shipping limited, (2009) 2 scc 134, this court held that from the provisions made under section 7 of the arbitration and conciliation act, 1996 that the existence of an arbitration agreement can be inferred from a document signed by the parties, or an exchange of letters, telex, telegrams or other means of telecommunication, which ..... , it would be appropriate to deal with this ..... , reported in 2005(8) scc 618, the learned advocate for the respondent has submitted that the trial court, while considering the application under section 8 of the arbitration and conciliation act exercises judicial powers and therefore, it has to examine whether the requirements necessary for referring the .....
Tag this Judgment!Court : Mumbai Nagpur
..... from this, it is evident that he never intended to marry her and procured her consent only for the reason of having sexual relations with her, which act of the accused falls squarely under the definition of rape as he had sexual intercourse with her consent which was consent obtained under a misconception of fact as defined under section 90 ipc. ..... the learned judge of the court below has correctly appreciated the entire evidence and has given, in our view, the appropriate punishment to the appellant. ..... - a consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception. ..... :- "90.consent known to be given under fear or misconception - a consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception. ..... we have to examine as to whether in the present case, the accused is guilty of the act of sexual intercourse with the prosecutrix "against her consent". ..... state of bihar and ors. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 5) it then further appears that the urban development department having realized that the minister for state had no power to make order under section 20 of the urban land (ceiling and regulation) act, 1976, the papers were placed before the hon'ble chief minister, who was competent to pass orders in such matters and that is why the hon'ble chief minister took up these ..... state of bihar, c.a.no.140 of 1964; judgment dated september 22, 1964, observed : it is well-settled that under article 226, the power of the high court to issue an appropriate writ is ..... verma, the learned counsel for the housing board, invited our attention to section 3(1)(b) of the urban land (ceiling and regulation) repeal act, 1999 and argued with reference thereto that the order made by the hon'ble chief minister on 23/11/2007 stands fully protected despite repeal ..... granted by the hon'ble chief minister should be allowed to be retained with them, but the entire surplus land should be returned to them in view of the provisions of the urban land (ceiling and regulation) repeal act, 1999 and that as a sequel, the order passed by the hon'ble chief minister on 23/11/2007 is required to be quashed and set aside. ..... that thereafter allotment of surplus land to respondent no.7-mhada was made by the state government in exercise of power under section 23 of the urban land (ceiling and regulation) act, 1976 in the year 1989, but the possession was not delivered to respondent no.7-mhada and it remained with the original owner. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the submission that appropriate multiplicand should have been considered at the sum of rs.3,000/- only is not acceptable as it would be contrary to the evidence on record. ..... considering the age group of 35 and looking into schedule iv of the workmen's compensation act, relevant factor referred to for age group of 35 in accordance with schedule iv with reference to section 4 of the workmen compensation act is 197.06. ..... and district akola with valid period of insurance policy between 20.3.2005 to 19.3.2006. ..... the hon'ble supreme court considered the issue as to when the payment of compensation awarded under the workmen compensation act, 1923 becomes due and at what point of time, interest would be payable on the amount of compensation provided u/s.4a (3) of the workmen's compensation act. ..... on 11.11.2005, when deceased gajanan was driving the tractor pursuant to directions from mr.kale (owner of the tractor) from mera to bharosa road, at about 2.30 p.m. to 3.00 p.m. ..... basis of evidence that deceased gajanan was 35 years of age with monthly salary of rs.3,900/-, the commissioner considered 50 % amount out of rs.3,900/- with relevant factor to the age group of 35 years as per schedule iv to the workmen compensation act, 1923. .....
Tag this Judgment!Court : Mumbai Nagpur
..... jurisdiction; (b) the existence of effective alternative remedy provided in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under article 226; and (c) if the instrumentality of the state acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of article 14 of the constitution of india in its contractual or statutory obligation, writ petition would be maintainable. ..... if they are satisfied that till the date of their decision, appropriate improvements or compliances have been recorded or amends have been made, they can drop the proposed action and ..... in the domain of contractual matters, the high court can entertain a writ petition on the ground of violation of article 14 of the constitution when the impugned act of the state or its instrumentality is arbitrary, unfair or unreasonable or in breach of obligations under public law. ..... if show cause notice dated 18.10.2013 was never acted upon and ultimately dropped, action taken belatedly on 19th/20th february 2014 on the basis of show cause notice issued about 2 months earlier ie on 28/29th november 2013; could not ..... a reminder was sent to report compliance with mines act in continuation of earlier letter dated 5th october 2013. ..... between parties after site was handed over to petitioner is important and on 29th december 2013, respondents sought certain details within 7 days to avoid violation of mines act 1952 and mines rules 1955. ..... bihar .....
Tag this Judgment!Court : Mumbai Nagpur
..... shri singh, learned counsel in his reply has contended that judgments of hon'ble apex court and of division bench of this court permit intervention in writ jurisdiction in appropriate circumstances to see that situation does not become irreversible and errors are corrected without causing any prejudice to the parties. ..... issue no.1, the learned counsel states that grievance as made can be taken note of in writ jurisdiction and appropriate writ in the nature of prohibition can be issued to arbitrator. ..... is the judgment of learned single judge of this court holding that if against decision by arbitral tribunal remedy is not provided in act, writ can be issued as tribunal would be "person" to whom writ would go under article 226 of the constitution of india. ..... hon'ble apex court has pointed out that issuance of a notice under the insolvency act is fraught with serious consequences: it is intended to bring about a drastic change in the status of the person against whom a notice is issued ..... it holds that no insolvency notice can be issued under section 9 (2) of the presidency towns insolvency act, 1909 on the basis of an arbitration award as it does not satisfy any of the requirements of a ..... i, find it appropriate to consider his contention in this respect little latter along with case law cited by him ..... ; vs patel engineering ltd and another reported at (2005) 8 scc 618 air 2006 sc 450 concludes this controversy and subsequent judgments of courts taking view to the contrary must yield to it .....
Tag this Judgment!Court : Mumbai Nagpur
..... mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section, it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person ..... the indian evidence act, 1872 reads under: in any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, - (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose ..... the learned advocate on behalf of the appellant submitted that there was sufficient evidence regarding essential ingredients of section 138 of the negotiable instruments act that the cheque was issued on 17.11.2004 in the sum of rs.37,826/-, which was dishonoured on 19.11.2004 and despite demand notice in reply thereon, the accused failed ..... passed by the learned judicial magistrate, first class, court no.2, akola, dt.17.11.2008 in summary criminal case no.87 of 2005 whereby the respondent/accused was acquitted of the offence punishable under section 138 of the negotiable instruments act. 2. .....
Tag this Judgment!Court : Mumbai Nagpur
..... lands which are the property of a trust for an educational purpose, hospital, panjarpole, gaushala, or an institution for public religious worship, provided the entire income of such lands is appropriated for the purposes of such trust; and (c) ..... (d) ..... ..... is required to be established is that (i) the lands in question are the property of the trust for an educational purpose, hospital, panjarpole, gaushala, or an institution for public religious worship and (ii) the entire income of such lands is appropriated for the purposes of such trust. ..... required to be shown is that the entire income of the trust is being appropriated for the purposes of the trust. ..... (b) of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 being relevant, is reproduced below: 129. ..... is urged by shri gilda, the learned counsel for the petitioners, that the registration of the trust under the bombay public trusts act on the tillers' day, i.e. ..... bhise, reported in 2005(1) mh.l.j. ..... defended the proceedings under section 46 read with section 54 of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 for fixation of price in respect of the tenanted lands on the ground that the income from the said property was being utilized for the purposes of the trust, and hence the applicability of sections 46 and 54 was exempted by virtue of the provision of section 129(b) of the said act. ..... is a public trust, registered under the provisions of the bombay public trusts act, 1950 on 15-3-1972. .....
Tag this Judgment!Court : Mumbai Nagpur
..... this is a matter of merits and therefore would have to be considered by the appropriate court in appeal. 27. ..... the rule stated in order 47, rule 1 is in two parts, first relating to acts attributable to the applicant, and second to jural actions patently erroneous. ..... therefore, the further statement of fact made by ramdulari that the contents in paragraphs-12 and 13 in the written statement to the extent of joint ownership of hanumansingh and ramnathsingh in the suit property were false, cannot also be read as an act of resiling from her original stand. ..... tahsildar, kozhikode air 2005 sc 1967. .....
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