Judgment Search Results Home > Cases Phrase: bombay children act 1948 maharashtra section 77 court empowered to exercise powers under one or more of preceding provisions Court: mumbai Page 1 of about 51 results (0.284 seconds)

Shri Sarjerao Bhaurao Ekal Vs. Shri S.K. Pant Walawalkar, Vice Preside ...

Court : Mumbai

Reported in : 2008(2)ALLMR632; 2008(3)BomCR169; [2008(117)FLR233]; 2008(3)MhLj202

..... is an overall 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. ..... 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 of their ..... industrial court in its revisional powers under section 44 of the mrtu & pulp act, 1971 rightly stepped in and corrected the manifest error committed by the labour court.11. ..... section 12 states that the state government may by rules made under the act provide for the establishment or recognition of after care organisations and the powers that may be exercised by them for effectively carrying out their functions under this act ..... justice act, 2000 is more comprehensive and as per section 8 therein the state government may establish or maintain observation homes and as per section 9 it may establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under the act. ..... the learned counsel for the respondent association on the other hand had referred to the affidavit in reply filed by the honorary secretary of the association and referred more particularly to the aims, objectives and activities of the association. .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... maharashtra legislative assembly on 14th june, 2005 reads as under:(1) the commissioner of police, district magistrates or other officers, being licensing authorities under the rules framed in exercise of the powers of sub-section (1) of section 33 of the bombay police act, 1951 have granted licences for holding dance performance in the area under their ..... it would be in a place undesirable and unsuitable to their age.none other than mahatma gandhi had said :i hold that the more helpless a creature, the more entitled it is to protection of men from the cruelty of men.though the mere entry of a small percentage of such children in the vocation unsuitable to their age and aptitude cannot justify upholding of the impugned legislation, i would consider myself failing in my ..... this hon'ble court be pleased by an appropriate writ/direction to declare that the provisions of the amending act xxv of 2005 amending the provisions of the bombay police act, 1951 by introducing section 33(a) and section 33(b) are not applicable to the establishments of the members of the petitioners' association who hold the requisite licences under section 2(9) and 2(10) of the bombay police act, 1951. ..... the learned counsel appearing for the petitioners the classification made by the respondents between four star and five star hotels as one group and the other star hotels as other group is not a reasonable classification as in both the cases the ..... show whether the authorities so empowered at any point of time .....

Sau. Shailaja Rajendra Badwaik and Others Vs. Hon'ble Minister, Depart ...

Court : Mumbai Nagpur

..... since the revisional authority for the first time has granted fl iii licence in exercise of powers under section 138 of the act, it is necessary to quote section 138, which reads thus: the state government may call for and examine the record of any proceeding before any prohibition officer, including that relating to the grant or refusal of a licence, permit, pass or authorization under this act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, ..... a.s.kilor, learned counsel for the petitioners, made the following submissions: (i) the government exercised the powers under section 138 of the bombay prohibition act which is a revisional power and perusal of the impugned order itself shows that the revisional authority was fully aware about strong opposition by the petitioners and the residents of the area so also the elected ..... therefore, the provision of section 138 itself shows that the petitioners had locus standi and have locus standi also before this court for the ..... of the above name of the bar from morning till night by the residents of the locality, children, boys and girls is bound to cause anxiety, disturbance of mind and loss of peace. ..... there is one more reason stated in the impugned order that the said residential area ..... be sent to chief secretary, government of maharashtra, mantralaya, mumbai, for information and necessary ..... of maharashtra and ..... state of maharashtra 2012(1) ..... the case of bar council of maharashtra v. m.v. .....

In Re: AlaIn Esteve

Court : Mumbai

Reported in : 1990(3)BomCR665; 1991CriLJ445

..... apart from the above 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. ..... on 1st august, 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. ..... such powers can be exercised by such competent authorities under the above-referred transitory provisions until the constitution of the welfare boards under section 4 and the juvenile courts under section 5 of the said act. ..... the juvenile welfare board shall consist of a chairman and such other members as the state government thinks fit to appoint, of whom not less than one shall be a woman; and every such member shall be vested with the powers of a magistrate under the code of criminal procedure. ..... the central act attaches much more importance to aspects of child psychology, social welfare and co-ordination between the competent authorities and voluntary agencies as compared to the legalistic approach in the past.10. .....

State of Maharashtra Vs. Gopinath Tanaji Jadhav

Court : Mumbai

Reported in : 2001ALLMR(Cri)264; 2001(5)BomCR557; 2001CriLJ1277

..... also convicted the accused for offence punishable under section 57 of the bombay children act, 1948 and sentenced him to suffer r.i. ..... 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 ..... 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. ..... it is well settled that when discretion has been properly exercised along accepted judicial lines, an appellate court should not interfere to the detriment of an accused person except for very strong reasons which must be disclosed on the face of the judgment ..... 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. ..... more's place, who was residing in the same building where nanda was ..... more, who was residing on the third floor of the building where nanda was .....

The State of Maharashtra Vs. Narendra Jaywant Dudang

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 ..... 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 may extend to one half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, ..... we make no bones in observing that in reaching the said conclusion, we have borne in mind the time-honoured principles which this court keeps in mind while interfering in an appeal against acquittal, namely that the interference should only be made if either the assessment of the evidence by the acquitting court is grossly unreasonable or the impugned order of acquittal suffers from any manifest illegality which has occasioned in the failure of justice.we have ..... mr. toraskar, learned counsel for the respondent, urged that since the respondent is aged 60 years today, more than 19 years have elapsed since the incident took place and there is nothing to indicate that the respondent has any criminal ..... 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. .....

Shri Kashinath Laxman Waghmare, Vs. Shri Ganpat Tukaram Kashmire (Dece ...

Court : Mumbai

Reported in : 2003(2)ALLMR233; 2003(4)BomCR431; 2003(3)MhLj229

..... 258 of 1980 is set aside and the matter is remanded back to the appropriate authority exercising powers under section 76 of the bombay tenancy act for decision afresh in accordance with law. ..... this petition is by persons claiming to be the heirs of the deceased tenant one maniram waghmare challenging the order of the maharashtra revenue tribunal by which that tribunal has declared the respondents to be the tenant of the land in question. ..... 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 question. ..... 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 of law. ..... 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 authority.3. ..... the children of maniram from the lawfully wedded wife. .....

State of Maharashtra Vs. Umesh Krishna Pawar

Court : Mumbai

Reported in : 1994(1)BomCR575; (1994)96BOMLR824; 1994CriLJ774

..... 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. ..... to 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 ..... 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 ..... primarily indicates that it fully supports the oral evidence in this case namely that the girl had been subjected to a sexual assault, the fact that the injuries are on one side of the body and not on the other or for that matter the fact that there was no evidence of spermatozoa at the time when she was examined are quite inconsequential. 11. ..... regard to all these factors that the learned trial judge has exercised his discretion and that in these circumstances, this court ought not to interfere with the quantum of sentence. 13. ..... the matter has obviously been brought on record for the purpose of explaining certain injuries that were found on the accused and more importantly for explaining the presence of the blood on his clothes which we shall deal with separately. ..... the state of maharashtra, however, having regard to the horrendous nature of the offence, has preferred this appeal for .....

Mahila Vikas Mandal, Aurangabad and Others Vs. the State of Maharashtr ...

Court : Mumbai Aurangabad

..... 17 the state of maharashtra, in exercise of powers conferred under section 38 of the rte act of 2009, has framed maharashtra right of children to free and compulsory education rules, 2011. ..... a decision to issue following 17 directions: hindi 7 the petitioners contend that directives contained in the government resolution are contrary to the provisions of (i) right of children to free and compulsory education act, 2009 (for short, the rte act ) and the rules framed by the state of maharashtra thereunder; (ii) bombay primary education act, 1947 and the rules framed thereunder; (iii) maharashtra employees of private schools (conditions of service) regulation act, 1977 and the rules framed thereunder; and (iv) the secondary school code. ..... explanation: for the purpose of this sub-rule, the expression closure of the school shall include, - (i) voluntary closure by the management of the entire school if it is imparting instruction through one medium or a part of the school comprising one or more media of instruction if it is imparting instruction through more than one medium; and (ii) closure of the school due to derecognition by the department. ..... it is, thus, contended that since this court has approved the special drive undertaken by the state government for counting the exact number of students actually taking education in the schools, no interference need be caused in respect of the directives contained in the government resolution .....

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

..... been given power under section 6 to suspend the operation of all or any of the provisions of the act for ..... the same book at page 211 :'it is a profession, not only because of the preparation and qualifications which are required in fact and by law for its exercise, but also for the primary reason that its functions relate to the administration of justice, and to the performance of an office erected and permitted to exist ..... bombay shops and establishments act, 1948 ..... the primary characteristics which distinguish the legal profession from business are: (1) a duty of public service in which one may attain the highest eminence without making much money, (2) a relation as an 'officer of court' to administration of justice involving thorough sincerity, integrity and reliability, (3) a relation to clients in the highest degree ..... employment, then it is only proper that adequate provision should be made against exploitation of young persons, children and women, or for hours of work, periods of rest , or fixing maximum number of hours of work or other useful provisions made for health and preservation of energies as well ..... act has been made applicable to vidarbha region by the extension and amendment act 1960, applying the provision of this act all over the state of maharashtra ..... carried on by one or more persons which can ..... the proviso which empowers the government, according ..... out thelimits to which a definition or expression must beunderstood is laid down in certain precedents bythe supreme court. .....