Court : Mumbai
Reported in : 2008(2)ALLMR632; 2008(3)BomCR169; [2008(117)FLR233]; 2008(3)MhLj202
..... there 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. ..... as per section 26 of the said act, the state government may, by notification in the official gazette, declare any particular place as an observation home for the purposes of this act. ..... 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.8. ..... it is thus clear that this court had applied its mind to the reasoning set out by the industrial court in the impugned judgement as well as the affidavit filed by the respondents herein. ..... it was not permissible for the labour court to set out its own reasoning to take the different view than the view taken by this court in writ petition no. ..... 2281/1985 by this court on 7-7-1985 was an order of summary dismissal and, therefore, not being reasoned out, it would not be binding on the courts. ..... for the reasons set out hereinabove, this petition fails and the same is hereby dismissed. ..... nevagi pointed out that same are sovereign in nature and the state government is required to establish such after-care homes/special homes for the juvenile offenders. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... as introduced in the 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 ..... 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 than mahatma gandhi had said :i hold that the more helpless a creature, the ..... to the residuary powers vested in it to trench upon state legislation and which would thereby destroy or belittle state autonomy must be rejected.the preamble of the bombay police act, 1951 and the amendments, may now be set out as under:.and whereas it is necessary to consolidate and amend the law relating to the regulation of the said force and the exercise of powers and ..... necessity to maintain necessary supplies or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative authority that a case for imposing restriction is made out or a less drastic restriction may ensure the object intended to be achieved.in considering whether the restriction imposed are reasonable and in the interest of general public, the court referred to the law .....
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, ..... 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. ..... 1987 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 ..... state government shall take all necessary steps for implementation of the juvenile justice act, 1986, including the setting up of the boards and the juvenile courts and setting up of panels-of honorary workers under section 5(3) of the said act throughout the state without any further delay on or before 31st october, .....
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. ..... law should be made more stringent without jeopardizing considerations of fair trial; (2) the definition of rape should be amended to remove certain loopholes and inadequacies and to ensure that consent should be vitiated unless it is real and given out of free choice; (3) minimum punishments for rape should be prescribed; (4) the prosecutrix should be protected from the glare of embarrassing publicity during the investigatory as well as trial stage and any information leading to identification of the victim ..... after having set aside the acquittal of the respondents the court on the question of sentence said as under:we are aware that the offence had taken place in the year 1978 and that they were acquitted by the high court as far back as august, 1981 and we are reversing the acquittal after a lapse of more than 10 years but having regard to the nature of ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... 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. ..... such a case, the simple application of the words in their primary and unqualified sense is not always sufficient and will sometimes fail to carry out the manifest intention of law-giver as collected from the statute itself and the nature of subject-matter and the mischiefs to be remedied. ..... 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 ..... being asked by this court, as many as six documents have been produced before us by the counsel for the municipal corporation who has stated before us that these documents were also placed before the division bench of the bombay high court. ..... 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. ..... land of the appellant 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 ..... 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 ..... 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 ..... state of gujarat, in para 12 has observed that unless the medical evidence completely rules out all possibilities whatsoever of injuries taking place in the manner furnished by the eye-witnesses, the testimony of the eye-witnesses cannot be rejected.we are quoting para ..... 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. ..... 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 .....
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
..... 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 ..... include 'sarva shiksha yojna', reproductive and child health programme, and integrated child development projects and passing of the juvenile justice (care and protection of children) act, 2000 for the welfare of children in general.union of india also pointed out that the swadhar scheme has been launched by the department of woman and child development with the objective of providing for the primary needs of ..... 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 ..... should the concerned relative(s) be unwilling to support the child, the district magistrate shall either place the child in an approved institution/home run by the state social welfare department or hand the ..... 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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)264; 2001(5)BomCR557; 2001CriLJ1277
..... the accused for offence punishable under section 57 of the bombay children act, 1948 and sentenced him to suffer r.i. ..... be framed against the accused under sections 366 and 376 of indian penal code and under section 57 of the bombay children act. ..... 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 leave her residence. ..... 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. ..... all these facts point to only one circumstance and the circumstance is that nanda was not a victim, as is made out by the prosecution but that she was a consenting party to the entire episode, that it was not a case of kidnapping but a case of elopement, that it was not a case of rape, but of a ..... even going to the photographer for taking out their photos together, going to the place of matrimonial uncle of the accused, wearing ..... 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 .....
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
..... coming 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 of three months. ..... this is a 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 for three months. ..... as an illustration we need to record that the evidence in this case indicates that the accused put the young girl on a bicycle and took her to a lonely place, this is in keeping with the conduct of a sane person and one who was planning an offence of this type rather than a mad man who in a fit of insanity would attack a women of child. ..... he has however indicated very cogent reasons for his presence and the other aspect of the matter which is of some importance, is that as far as the version set out by him before the court is concerned, even though he has been rigorously cross-examined nothing has been demolished. ..... the state of maharashtra, however, having regard to the horrendous nature of the offence, has preferred this appeal for enhancement of sentence. 2. .....
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