Court : Mumbai Aurangabad
..... state of gujrath (1973) (14 glr 384), the full bench of the gujrath high court has concluded that, the order passed under section 56 and the preventive action taken by taking recourse to provisions of the maharashtra police act, 1951 under the relevant part of maharashtra police act, 1951 is in exercise of administrative powers by the authority, as it is observed, where an administrative power is exercised by the statutory authority and exercise of such power involves civil consequences ..... consequence thereof is that, the writ petition challenging the order passed by the state government under section 60 of the maharashtra police act does not fall within the prescription of 'order' under explanation to rule 18 of chapter xvii of the bombay high court appellate side rules and as such is not covered by clause 23 of chapter ..... consideration is, as to "whether the order passed by the state government, in exercise of powers conferred under section 60 of the maharashtra police act, 1951, confirming the order passed by the externing authority under section 56 and 57 of the maharashtra police act, 1951 can be construed as an 'order' within the contemplation of explanation to rule 18 of chapter xvii of the bombay high court appellate side rules, 1960". 2. ..... the honourable supreme court considered the scheme of sections 56 to 61 of the bombay police act, (now the maharashtra police act) in the matter of hari gavali versus deputy commissioner of police (1956 cri lj 1104) and bhagubai .....
Tag this Judgment!Court : Mumbai Aurangabad
..... [g] after the introduction of the maharashtra scheduled caste, scheduled tribe, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (mah.act 23 of 2001), the management called upon the employee by letter dated 25/01/ ..... the factual position to which the law laid down is to be applied, is stated as under: (a) before coming into force of the said act on 18-10-2001, the appointments and promotions were made against the post reserved for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward ..... [l] after the above petition was filed on 16/09/2012, the state of maharashtra issued a government resolution dated 18/05/2013, by which those employees whose caste / tribe claims were invalidated or who desired to surrender their caste certificates and who had been appointed prior ..... (c) after coming to force of the said act on 18-10-2001, no appointments and/or promotions could be made without production of a caste validity certificate under sub-section (2) of section 6 of the said act, but it is a fact that some ..... needless to state, the document obtained by the petitioners / management under the right to information act, which is at page 48, exhibit g of the petition paper book and all other documents can be used by the petitioners in the departmental enquiry to be commenced ..... state of maharashtra and others, bombay high court .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , nagar division, ahmednagar and affidavit in reply filed on behalf of respondent no.3 submits that, the externment order is in conformity with the material placed on record and also within fore corners of the provisions of sections 56 and 59 of the bombay police act, 1951, therefore, this court may not interfere in the impugned order. 5. we have given careful consideration to the submissions of the learned counsel appearing for the petitioner and the learned additional public ..... is excessive, in as much as, the alleged activities against the petitioner, which are alleged in the show cause notice are confined to the jurisdiction of the shivaji nagar police station and within the area of greater bombay, therefore, externment of the petitioner from aforesaid other three districts is excessive, is no more res integra and is covered by the authoritative pronouncements of the hon'ble supreme court as well as by this court ..... the background of aforesaid discussion and upon perusal of facts of this case, when the crimes registered against the petitioner are confined to shivaji nagar police station within the limits of greater bombay, by impugned order, the petitioner is externed from greater bombay, new bombay, thane and raigad districts for two years." 8 ..... commissioner of police, state of maharashtra), reported in 1973 mh.l.j ..... state of maharashtra and ..... , an externemnt order of the respective petitioners from other district except greater bombay and adjoining districts of thane is excessive." "11 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it would be appropriate to juxtapose relevant provisions of section 33 of the maharashtra rent act with relevant portions of section 28 of the bombay rent act, to the extent of sub-section 1 and 2(a): section 33 of the maharashtra rent actrelevant portion of section 28 of the bombay rent act33. ..... while considering the question, division bench considered the whole scheme keeping in view provisions of section 28 of the bombay rent act as well as bombay civil courts act, 1869, now known as "maharashtra civil courts act" (hereinafter referred to as "bombay civil courts act"). ..... contention raised was similar and it was submitted that competent court to deal with the suit as well as execution in relation to matters arising under section 28 of the bombay rent act was civil judge, (junior division), outside the territorial jurisdiction of greater bombay and that in the said case, the taluka wherein suit premises were situated being provided with the court of civil judge, (junior division), the proceedings for execution of decree could not have ..... according to the learned counsel, the provisions of section 33 of the maharashtra rent act and erstwhile section 28 of the bombay rents, hotel and lodging house rates control act, 1947 (bombay rent act? ..... in execution of the decree, it was claimed that same was nullity as it was without jurisdiction as under section 28(1)(b) of the bombay rent act suit could be tried only by a civil judge, (junior division) and not by civil judge, (senior division) .....
Tag this Judgment!Court : Mumbai Aurangabad
..... any case of alleged offence by the revenue commissioner, the commissioner, a magistrate, police officer or other person, or of a wrong alleged to have been done by such revenue commissioner, commissioner, magistrate, police officer or other person, any act done under colour or in excess of any such duty or authority as aforesadid, or wherein, it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not ..... be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of: provided that, any such prosecution against a police officer may be entertained by the court, if instituted with the previous sanction of the state government within two years from the date of the offence. (2) . . . . . ..... no.157/1998, respondents accused no.1 and 2 filed application exhibit 46 invoking section 161 of the bombay police act, 1951 (hereinafter referred as the police act in brief), claiming that the complaint filed by magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that ..... maharashtra, reported in [1999 (1) mh.l.j.204 to submit that even if it was alleged that, force was used against the complainant, the acts ..... in the matter of state of maharashtra vs. ..... of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... state of maharashtra] [aurangabad bench of bombay high court], the two high courts have discussed the provision of section 216 ..... such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. ..... -- whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with ..... homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death. ..... charged for offences punishable under sections 304, 307 and 427 of indian penal code and also for the offence punishable under section 184 of motor vehicle act. ..... the job of the trial court to ascertain as to whether on the basis of aforesaid circumstances and other circumstances of the case, inference can be drawn that the death was either caused due to rash or negligent driving or the act of the truck driver falls under the offence of culpable homicide not amounting to murder punishable under section 304 of i.p.c. 14. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... further that, for the purpose of deciding the relative strength of the recognised parties or registered parties or groups under this sub-section, the recognised parties or registered parties or groups, or elected councillor not belonging to any such party or group may, notwithstanding anything contained in the maharashtra local authority members disqualification act, 1986, within a period of not more than one month from the date of notification of election results, form the aghadi ..... submits that taking into account the decision referred to hereinafter and the observations therein in paragraph 14 it being held that the proviso would override the mlamd act may be under the bombay provincial municipal corporation act, the amendment to municipal councils act being same and similar and as such these observations would equally hold field and apply to the present case. 48. mr. ..... it has considered appointment of four categories of committees specified under section 31-a (1) of the bombay provincial municipal corporations act which takes place at least more than once during tenure of the corporator and therefore relative strength of recognized parties or registered parties or groups at the time of appointment whenever made ..... to distinguish, submits that said ruling had been in a different context altogether and has been with respect to section 31-a of the bombay provincial municipal corporations act and not with reference to section 63 (2b) and second proviso of municipal councils act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... were also different and there was use of section 27 of limitation act and there was sale deed. ..... 129/1976 was filed for relief of eviction and recovery of rent under the rent control act, but the appellate court held that there was no relationship of landlord and tenant. ..... the object behind the provisions or order 2, rule 2 is discussed by this court in the case reported as 2011 (3) all mr 604 bombay high court [mv.x.press annapurana and anr. vs. ..... argument was advanced that the defendant had denied title of plaintiffs in suit filed under the rent control act and it needs to be treated that since 1975 the possession became adverse. ..... state of maharashtra and ors. ..... in the case reported as 2003 (1) all mr 565 bombay high court [bhimrao dnyanoba patil and ors. vs. ..... in this case, by referring the provisions of section 11, order 2 rule 2, order 7 rule 11 of c.p.c ..... on this point, reliance was placed on the case reported as 2008 (2) all mr 640 bombay high court (nagpur bench) [shivaji s/o. ..... the case reported as 2009 (5) all mr 404 bombay high court [shyamlal biharilal pandey vs. ..... observations are made in the cases reported as air 2000 bombay 34 [snp shipping services pvt. ..... on aforesaid point, the learned counsel for appellant/defendant placed reliance on the case reported as 2008 (6) all mr 309 bombay high court (nagpur bench) [m/s. ..... 129/1976 filed under the rent control act was decided against the plaintiffs and decree of eviction was refused, there is the bar of principal of res-judicata to present .....
Tag this Judgment!Court : Mumbai Aurangabad
..... rendering or attempting to render any service or disservice to any person, with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause ( c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. ..... the state (delhi administration), the apex court has discussed the provisions of sections 3 and 114 of the evidence act and has given the meaning of term "obtaining" used in the aforesaid ..... state of maharashtra] and also case reported as 2004 all mr (cri) 2117 bombay high court [hanmantappa murtyappa vijapure (deceased) by l.rs. ..... state of maharashtra] (decided by five judges of the apex court) and the comparison between the provisions of section 4 of ..... learned counsel for the appellant placed reliance on the case reported as 2013 all mr (cri) 1425 bombay high court aurangabad bench [rajendrakumar laxmichand gupta vs. ..... of maharashtra]. ..... of maharashtra]. ..... of maharashtra] ..... learned counsel for the appellant placed reliance on the case reported as 2004 all mr (cri) 1341 bombay high court nagpur bench [bismillakha s/o. ..... of maharashtra] ..... counsel for the appellant placed reliance on the case reported as 2012 all mr (cri) 2173 bombay high court nagpur bench [vijaykumar s/o. ..... of maharashtra] ..... 1142 bombay high court [arun prahlad .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the deputy superintendent of police gave report to police station for offences punishable under sections 420, 468 and 471 of indian penal code and also for the offence punishable under section 11 of maharashtra act no. ..... submission was made for the petitioner that in view of section 11 (2) of the act, the cognizance of such offence can be taken only after filing of the complaint by the authority ..... it is the case of the petitioner that in view of the provision of section 11 (2) of the act, a complaint ought to have been filed and as 'complaint' as defined in cr.p.c ..... further, the contention that the act of the petitioner may amount only the offence punishable under section 11 of the act is not acceptable in view of the aforesaid discussion. 9 ..... the petition is filed under article 226 of constitution of india and under section 482 of criminal procedure code for the relief of quashing of criminal proceeding bearing r.c.c. no ..... present case is not filed under section 11 of the act and so this case is of no help to the petitioner ..... it is already observed that the prosecution is not for the offence punishable under section 11 of the act and so this contention is not acceptable. 10. ..... (2) no court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the scrutiny committee or by any other officer duly authorised by the scrutiny committee for this ..... the two cases reported as 2009 all mr (cri) 1347 bombay high court [vijay bhagwan shetty vs. .....
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