Court : Mumbai
Reported in : 2008(2)ALLMR632; 2008(3)BomCR169; [2008(117)FLR233]; 2008(3)MhLj202
..... control of the government of maharashtra on the said activity in view of the statutory provisions in bombay childrens act, 1948 and/or the juvenile justice act.6. ..... the bombay childrens act, 1948, juvenile justice act, 1986 and/or the juvenile justice act, 2000 ..... referred to section 9 of the juvenile justice act, 1986 and section 25 and 26 of the bombay juvenile act, 1948 as well as section 9 of the juvenile justice (care and protection of children) act, 2000.5 ..... section 25 of the bombay children act, 1948 states that the state government may establish and maintain industrial schools and other educational institutions for the reception of children and youthful offenders during the period ..... 4513 of 1991, unreported) and submitted that the charity trust registered under the bombay public trust act, 1950 is an 'industry' under section 2(j) of the act, by following the law laid down in the case of bangalore water supply ..... counsel the labour court was right in holding that the respondent association is an 'industry' as defined under section 2(j) of the act and the said finding is duly supported by the subsequent decision of this court in the case of smt ..... the association in its affidavit in reply has admitted that it was registered under the provisions of the bombay public trust act, 1950 and it is managed by the trustees consisting of some government officials such as district collector, ..... to work in consonance with the geneva declaration 1924 and the childrens rights as ratified by the u.n.o. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... under:-----------------------------------------------------sections year year year year year year total of 2000 2001 2002 2003 2004 2005 bombay police act, 1951-----------------------------------------------------33(w) 767 559 460 374 410 223 2793110 4427 2998 2971 2810 2051 2146 17403 -----------------------------------------------------total 5194 3557 3431 3184 2461 2369 20196 -----------------------------------------------------for offences under section 110 of the bombay police act, ..... that some bar dancers are minors, albeit a small percentage, hailing from different states.though the state has not shown actual trafficking of these children, if any children are indeed found serving in any dance bars, it would be in a place undesirable and unsuitable to their age.none other ..... liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such ..... . by the amendment introduced by act bom.20 of 1953 power was conferred under sub-section (1)(wa) to license or control in the interest of public order, decency or morality or in the interest of the ..... a performance or games with wild beast, except in so far as it is an interim of performance in a circus, which shall be governed by rules in chapter xiii of these rules .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR665; 1991CriLJ445
..... 1990 this hon'ble court issued a notice to the learned advocate-general of maharashtra seeking his assistance to determine the question as to whether the bombay children act, 1948 has stood repealed on coming into force of the juvenile justice act, 1986. ..... bombay children act is a corresponding law within the meaning of the expression 'corresponding law' used in section 63 of the juvenile justice act ..... the act repealed provides substantially for all matters contained in the act effecting the repeal there is correspondence between the two acts within the meaning of section 13(2) and the earlier act would thus stand repealed; it is not necessary that there should be complete identity between the repealing act and the act repealed in ..... reference appearing in the statement of objects and reasons and the recommendations made by the hon'ble supreme court in sheela barse's case quoted above, i would examine the question of applicability of section 63 of the above act on its own merits and determine the question as to whether the bombay children act, 1948 is a corresponding law or not.6. ..... the date of birthday of mahatma gandhi, the father of the nation, as the date on which all the provisions of the said act would come into force in all the states except the state of jammu and kashmir section 63 of the said act provided that if immediately before the date on which the above referred central act comes into force in any state there was in force in that state any law corresponding to this central .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(2)ALD(Cri)490; 1997(45)BLJR1644; JT1997(8)SC43; 1997(6)SCALE80; (1997)8SCC386
..... rajendra jawanmal gandhi (the accused) was convicted by the sessions judge, satara for offences under section 376 indian penal code (ipc) and section 57 of the bombay children act, 1948 for having committed rape on a girl of eight years of age and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of rs. ..... the court, therefore, held that the accused acted indecently and was thus guilty under section 57 of the bombay children act, 1948.23. ..... life and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.section 57 of the bombay children act, 1948 is as under:57. ..... 25,000/- shall be paid to the complainant who was father of the girl, for an offence under section 57 of the bombay children act, sentence was reduced to imprisonment already undergone and the accused was not required to undergo any separate imprisonment for this offence. ..... while the state of maharashtra filed appeal against the conviction and sentence of the accused by the high court praying for his conviction under section 376 i.p.c. ..... he was granted permission to file special leave petition against the conviction and sentence on the accused by the high court and as afore mentioned, after notice of this appeal was served upon the state of maharashtra and the accused, both filed separate appeals in this court. ..... in state of maharashtra v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... market value of land in respect of which proceedings for acquisition commenced before the commencement of the maharashtra regional and town planning (second amendment) act, 1972:provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the maharashtra regional and town planning (second amendment) act, 1972, shall be the market value prevailing on the date of such commencement ..... . of maharashtra, mantralaya, mumbai-400032sub: acquisition of land bearing c.s.no.18738 of malabar hill division reserved for children park.ref: i) tpb-4302/572/ud-11 dtd.27.3.02ii) che/acq/c/962 dtd ..... the bombay town planning act stood repealed. ..... . 956 of 16.9.2002 (copy enclosed) have accorded sanction to initiate the acquisition proceedings for the above mentioned land reserved for children s park adm ..... . the land of the appellant was notified for development as open space and children's park ..... the property in question was notified for development as open space and children's park. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002BomCR(Cri)140
..... . and under section 57 of the bombay children act but, we find him guilty for the offence punishable under section 376 r/w 511 of the i.p.c ..... in the alternative under section 57 of the bombay children act.he pleaded not guilty to the charges and claimed to be tried.during trial, in all the prosecution examined 10 witnesses. ..... 153 of 1983 acquitting the respondent for offence punishable under section 376 of the indian penal code and section 57 of the bombay children act.2. ..... . provides that whoever attempts to commit an offence punishable by this code with imprisonment for life or imprisonment or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall where no express provision is made by this code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence for a term which ..... had failed to bring home the guilt of the respondent beyond reasonable doubt and hence, acquitted him vide the impugned judgment.as mentioned in para 1, above, the acquittal of the respondent has prompted the state of maharashtra to prefer the present appeal.11. ..... shringarpure, additional public prosecutor for the state of maharashtra (appellant] and mr. a. g. ..... the state of maharashtra impugns the judgment and order dated 20/8/ 1985 passed by the additional sessions judge. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336
..... on leaving the jail, children are handed over to the nearest relative, in whose absence to the officer- in-charge of the nearest government remand home, or institution set up for the care of the destitute children under the bombay children act, 1948.in manipur, provision is made for special ration above and beyond the normal labouring ration for nursing mother and for supplementary cow's milk for children under the age of one year not receiving sufficient milk from the ..... article 46 provides that the state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation. ..... for children who are leaving the jail, in consultation with the district magistrate the children are handed over to the relatives or to some trustworthy person as selected by the district magistrate himself.in maharashtra, children are allowed to live with their mothers up to the age of 4 years. ..... garments are to be provided as per the maharashtra prisons rules. ..... a special diet is prescribed under the maharashtra prison rules. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)264; 2001(5)BomCR557; 2001CriLJ1277
..... he also convicted the accused for offence punishable under section 57 of the bombay children act, 1948 and sentenced him to suffer r.i. ..... charge came to be framed against the accused under sections 366 and 376 of indian penal code and under section 57 of the bombay children act. ..... the defence of the accused, as revealed from the cross-examination of the prosecution witnesses, so also from the statement of the accused recorded under section 313 of the code of criminal procedure, 1973 is that nanda, of her own accord came to the place of gopinath on the day of the incident and that it was not gopinath came to her place and forced her to ..... 720 of 1985 is filed by the state of maharashtra being aggrieved by the order of acquittal of the said accused gopinath tanaji jadav vide the impugned judgment and order for offence punishable under section 366 of i.p.c.3. ..... sentence of 7 years ought to have been awarded is not correct in as much as sections 375 and 376 were amended by criminal law amendment act, 1983 (43 of 1983) and the incident is of the year 1981. ..... 719 of 1985 is filed by the appellant/state of maharashtra for enhancement of sentence of the respondent/original accused gopinath tanaji jadhav, who was convicted for offence punishable under section 376 of indian penal code but was awarded only one year r.i ..... hence, there is no question of applicability of the said amending act retrospectively to the incident which took place in the year 1981, much before the said amendment came into .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR233; 2003(4)BomCR431; 2003(3)MhLj229
..... the present proceedings were initiated by the respondents under section 70(b) of the bombay tenancy and agricultural lands act, 1948, hereinafter referred to as 'the bombay tenancy act', for a declaration that they were the tenants of the land in ..... the findings of the maharashtra revenue tribunal are based mainly on the fact that the document dated 19th july, 1958 which was held to be invalid being in contravention of section 27 of the bombay tenancy act, can nonetheless be construed to be a will in favour of mhalsabai and therefore capable of creating a tenancy in ..... the sub-divisional officer also negatived the claim of the respondents to tenancy under section 40 of the bombay tenancy act since according to the sub-divisional officer there was no definite act on the part of the applicants to show that they were willing to continue their tenancy under the provisions ..... this court observed that mhalsabai ought to have filed a proceeding under section 70 of the bombay tenancy act instead of approaching the civil court and directed the petitioners herein to get decided their claim regarding tenancy before the appropriate ..... having heard the learned counsel for both the sides, it is clear that the order of the maharashtra revenue tribunal in that relies on the document dated 19th july, 1958 and declares it to be effective as a will, when it has already been declared to be ineffective as a gift for the purpose of assignment of tenancy right is ..... the children of maniram from the lawfully .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR575; (1994)96BOMLR824; 1994CriLJ774
..... the last head of the conviction namely the one under section 57 of the bombay childrens act, we set aside the sentence of rigorous imprisonment of three ..... special provision enacted in order to prevent attacks on minors and in our considered view the accused who stands convicted under section 57 of the bombay childrens act is liable to be sentenced to rigorous imprisonment for one year. 16. ..... as far as the offence under section 323 is concerned, he was awarded a sentence of rigorous imprisonment for three months and for the offence under section 57 of the bombay childrens act, he was awarded a sentence of rigorous imprisonment ..... to our mind the provisions for rigorous punishments that have been specially prescribed by the legislature particularly after the amendment of section 376, require to be seriously applied with a degree of muscle as it is expected to act as a social deterrent and an eye-opener to those who have similar inclinations. 14. ..... presently illustrate the accused obviously and completely knew everything that he was doing as also consequences of his acts and in these circumstances, to our mind the defence of insanity cannot avail him. ..... the state of maharashtra, however, having regard to the horrendous nature of the offence, has preferred this appeal for enhancement ..... or eccentric traits in the behaviour on the part of the accused but this in our considered view would not bring him any where near the position of being an insane within the meaning of section 84 of the i.p.c. .....
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