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Judgment Search Results Home > Cases Phrase: bombay children act 1948 maharashtra section 51 penalty for giving intoxicating liquor or dangerous drug to child Page 3 of about 45 results (0.131 seconds)

Nov 18 2021 (SC)

Attorney General For India Vs. Satish

Court : Supreme Court of India

..... the extra joint additional sessions judge, nagpur (hereinafter referred to as the special court) vide the judgment and order dated 5th february, 2020 passed in the special child protection case no.28/2017 convicted and sentenced the accused-satish for the offences under sections 342, 354 and 363 of the indian penal code (for short ipc ) and section 8 of the protection of children from sexual offences act, 2012 (for short pocso act). ..... the four appeals filed by the appellants - attorney general for india, by the national commission for women, by the state of maharashtra and by the appellant-accused satish respectively, arising out of the judgment and order dated 19.01.2021 passed in criminal appeal no.161 of 2020 by the high court of judicature at bombay, nagpur bench, and the appeal filed by the appellant-state of maharashtra, arising out of the judgment and order dated 15.01.2021 passed in the criminal appeal no.445 of ..... as per the rule of construction contained in the maxim ut res magis valeat quam pereat , the construction of a rule should give effect to the rule rather than destroying it ..... the pocso bill intended to enforce the rights of all children to safety, security and protection from sexual abuse and exploitation, and also intended to define explicitly the offences against children countered through commensurate penalties as an effective deterrence.31 ..... delhi administration3 thus: it is the duty of the court in construing a statute to give effect to the intention of the legislature .....

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Jul 23 2008 (HC)

Allan John Waters and Duncan Alexander Grant Vs. State of Maharashtra ...

Court : Mumbai

..... he is also convicted for offence under section 23 of the juvenile justice (care and protection of children) act, 2000, and was sentenced 10to suffer rigorous imprisonment for one month. ..... 3 was further convicted under section 23 of the juvenile justice (care and protection of children) act, 2000, and sentenced to suffer rigorous imprisonment for three months. ..... on 21st october, 2001, one shridhar nayak telephoned advocate adenwalla, and informed her that the order of the bombay high court, giving protection to the children, 6was being misinterpreted by the police, and, therefore, certain clarifications should be sought from the high court. ..... maharukh adenwalla 7informed the members of the maharashtra state monitoring committee, and on 28th october, 2001, dr. ..... . that court's judgment also notes that in england, where a man forced open a child's mouth and put in his private part and completed his lust, that act did not constitute the offence of sodomy ..... on the date of giving evidence, he was not addicted to drugs. ..... in cross-examination by the learned counsel for the accused, he stated that it was not true to suggest that he was addicted to drug when he went and started residing at anchorage. ..... he had never seen police carrying out raids around gateway of india for arrest of drug addicts. ..... he also denied that he was beaten because of his drug addiction. .....

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Mar 10 2003 (HC)

Mohan Parasnath Goswami Vs. the Committee for Scrutiny of Caste Certif ...

Court : Mumbai

Reported in : 2003(2)ALLMR409; 2003(3)BomCR481

..... apart from the enactment of the aforesaid legislation by the state legislature, the provisions of several local acts including the mumbai municipal corporation act, the bombay provincial municipal corporations act, 1949, the city of nagpur corporation act, 1948 and the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 came to be amended by maharashtra act 11 of 2002. ..... a false caste certificate to the effect that either himself or his children belong to such castes, tribes or classes, the scrutiny committee may, suo motu, or otherwise call for the record and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by an order cancel and confiscate the certificate by following such procedure as prescribed, after giving the person concerned an opportunity of being heard, and communicate ..... section 11 of the act creates a criminal offence and provides a penalty of imprisonment inter alia for obtaining a false caste certificate by furnishing false information or filing a false statement or documents or by any other fraudulent means. ..... ' a criminal offence and penalty is provided for in section 11 of the act in the following terms:'11. ..... 'since, however, the provision in question was penal in character, the supreme court held that 'unless the filing of an inaccurate return is accompanied by a guilty mind, the section cannot be invoked for imposing penalty'. .....

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Aug 13 2012 (HC)

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

..... 35 chapter iva has been inserted by bombay 26 of 1952 for control and regulation of articles mentioned in section 24a to prevent their use as intoxicating liquor. ..... if the police reports indicate that there are large scale complaints of public nuisance, public inconvenience and serious harassment and embarrassment to the women and children which may give rise to law and order problem in case licence is granted, then, certainly the police department and individual police stations are well within their authority and powers to include such events and aspects in their ..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. ..... chapter vii deals with the offences and penalties for illegal activities. ..... after sunset and during night passing-by these establishments is dangerous and in any event it causes severe embarrassment and serious harassment to the residents in the vicinity. ..... of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the state shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health". ..... in madras, prohibition was inaugurated on 2nd october 1948, by the premier, the hon'ble mr. o. p. .....

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Mar 09 1988 (HC)

Guntabai Balu Barade Vs. State of Maharashtra

Court : Mumbai

Reported in : 1988(2)BomCR663

..... mentions that whereas the government is of the opinion that the said person is unsuitable to be kept in the borstal school, therefore, under the powers vested in it under section 12 sub-section (1) of the bombay borstal school act and all other powers, the government of maharashtra by the said order commutes the unexpired period of detention in borstal school in respect of said balu to the term of imprisonment and further orders that the said period shall ..... description as the state government may determine, but in no case exceeding the shorter of the following two periods :---(a) the unexpired residue of the term of detention, or(b) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a borstal school. ..... petitioner contended that there is a complete reformation and balu is completely settled in life with wife, children, house and a family land and is working in the said land and leading a life of ..... into consideration the fact that balu is arrested after about 10 years and the further fact that in the meantime he has married, has settled in life property, has also four children and is leading a life of a law abiding citizen, it would be sheer mockery to send him back to jail. ..... as mentioned above, that balu has married, he has about 4 children and that he is leading a life of a law abiding citizen by cultivation his .....

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Oct 04 2002 (HC)

Dr. M. Satyanarayana Reddy and anr. Vs. Rukma Bai and ors.

Court : Andhra Pradesh

Reported in : 2003(6)ALT248

..... certain religious rites are to be performed and invoking the fire and performing saptapadi around the sacred fire have been considered by the supreme court to be two of the basic requirements for a traditional marriage and it is equally true that there can be a marriage acceptable in law according to customs which do not insist on performance of such rites as referred to above and marriages of this type ..... even prior to the hindu marriage act came into force, no doubt in certain provinces like bombay and madras, the bombay prevention of hindu bigamous marriages act, act 25 of 1946, and the madras hindu bigamy prevention and divorce act, act 6 of 1949, were brought in and as far as telangana area is concerned, prior to the police action it was in hyderabad state, a part b state, and during the period of the relevant marriages these enactment's referred ..... from the plaintiffs the 1st defendant approached the elders and they called the 1st plaintiff and explained to her with regard to her status as kept mistress and status of her children as illegitimate children and the 1st plaintiff agreed not to proceed in any court of law against the 1st defendant and so the 1st defendant did not choose to give any reply to the plaintiff's notice. ..... monogamy was introduced for hindus in bombay province in 1948 and in madras ..... law relating to hindu marriage introduced by the hindu marriage act may be enumerated thus:(i) the act has introduced the rule of monogamy [section 5(i)]. ..... state of maharashtra, : .....

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Aug 13 2012 (HC)

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

..... 35 chapter iva has been inserted by bombay 26 of 1952 for control and regulation of articles mentioned in section 24a to prevent their use as intoxicating liquor. ..... if the police reports indicate that there are large scale complaints of public nuisance, public inconvenience and serious harassment and embarrassment to the women and children which may give rise to law and order problem in case licence is granted, then, certainly the police department and individual police stations are well within their authority and powers to include such events and aspects in their ..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. ..... chapter vii deals with the offences and penalties for illegal activities. ..... after sunset and during night passing-by these establishments is dangerous and in any event it causes severe embarrassment and serious harassment to the residents in the vicinity. ..... of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the state shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health". ..... in madras, prohibition was inaugurated on 2nd october 1948, by the premier, the hon'ble mr. o. p. .....

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Mar 05 2014 (SC)

Sushil Ansal Vs. State Thr.Cbi

Court : Supreme Court of India

..... and proximate cause of death: 21 it cannot be disputed that because of the operation of the defective plant at bhopal on that fateful night a highly dangerous and volatile substance like mic got converted into poisonous gas which snuffed off the lives of thousands of human beings and maimed other thousands and killed number of ..... maharashtra air1968sc829has once again approved the view taken in omkar rampratap s case (supra) that the act of the accused must be proved to be the causa causans and not simply a causa sine qua non for the death of the victim in a case under section ..... within the school premises or at another place chosen by the management of the school, because the children continued to be under the care of the school and so did the obligation of the school ..... court was dealing with a case where the regulations framed by the commissioner of police, under the bombay police act, required the driver of car to look ahead and see whether there was any pedestrian in ..... law duty, then, unless expressly stated, breach of the statute would not give rise to an action, because the damages may greatly exceed the penalty considered appropriate by the legislature. ..... radhakrishnan, j.speaking for this court observed as follows: the principle mentioned by this court inalister anthony pereira(supra) indicates that the person must be presumed to have had the knowledge that, his act of driving the vehicle without a licence in a high speed after consuming liquor beyond the permissible limit, ..... 1948 .....

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May 09 2014 (HC)

Balaji and Others Vs. the State of Maharashtra Through the Secretary, ...

Court : Mumbai Aurangabad

..... contention of learned additional government pleader deserves to be rejected, is that in order to give true effect and meaning to article 21-a of the constitution of india, so as to provide free and compulsory eduction to the children between the age group of 6 to 14, and further in order to implement the provisions of rte act, the state government cannot sanction the post on temporary basis for particular academic year and such sanction of the posts has to be on permanent basis and ..... of observations in para 44 by supreme court, in the case of state of karnataka (supra) it is quite possible for the state of maharashtra, which is considered to be welfare state, to redress the grievance of the petitioners keeping in view the services rendered by them for three years, and failure of the state government in not appointing them for 4th year due to not formulating final policy document, and as a consequence not receiving funds from the central government ..... the said section also provides definition of capitation fee, child, child belonging to disadvantaged group, child belonging to weaker section, child with disability, child with severe disability ..... the division bench of high court bombay, bench at nagpur has directed to regularize the services of lecturers in different departments of government polytechnics in the state of maharashtra from 1.11.2013 with continuity of service for all other purposes, except monetary purposes from the date of their first appointment in a recent judgment .....

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Apr 04 1986 (HC)

C.R. Dalvi and ors. Vs. Municipal Corporation and ors.

Court : Mumbai

Reported in : 1986(3)BomCR624; 1987MhLJ373

..... dada referred to the relevant provisions of the maharashtra regional and town planning act, 1966, section 22(c) thereof requires that a development plan shall generally indicate the manner in which the use of the land covered thereby ..... he drew my attention to section 317 of the bombay municipal corporation act whereunder even a street may be used for the temporary erection of a booth on occasions of ceremonies ..... (d) for functions organised on the occasions of independence day, republic day, maharashtra day and similar national events, and the jayanti or punyatithis of national leaders, the corporation may give on hire or allow to be used the entire areas of all playgrounds listed in the aforesaid annexure, including those having an area ..... all times be reserved exclusively for the play of children and similar individual recreational activities. ..... shall at all times be reserved exclusively for the play of children and similar individual recreational activities. ..... , a plot of land reserved as a playground under the development plans cannot be utilised for any purpose other than the play of children and similar recreational activities. ..... 10th april, 1981 shall at all times be reserved exclusively for the play of children and similar individual recreational activities. ..... the corporation was obliged to ensure that the said maidan, designated as a playground under the existing and proposed development plans, was used only by children for play. ..... any open spaces in the city where children can play. .....

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