Court : Mumbai Aurangabad
..... to him, relevant section was 32 b under the earlier bombay money-lenders' act, 1946. ..... 2047, the hon ble supreme court while dealing with similar matter has observed thus: both the appellate court and the high court have found that the plaintiff was not a money-lender within the meaning of assam money lenders' act, 1934. ..... osmanabad under section 39 of the maharashtra money-lending (regulation) act, 2014. ..... section 39 of the maharashtra money-lending (regulation) act, 2014 relied on by the state reads as under: ..... him, considering the punishment as was earlier provided under the old act the punishment being of one year, even if a transaction of 1982 was to be said to be of money lending, the same would be time barred under section 468 of the code of criminal procedure, 1973. ..... operative officer gradei kallamb respondent no.3, original complainant, has filed the offence alleging that the petitioner committed offence under the maharashtra money-lending (regulation) ordinance, 2014. ..... additional public prosecutor submitted that although the offence is of 1982, after the new act has come into force, the respondent no.3 could register offence and looking to the provisions of section 468 of the code of criminal procedure, 1973 there is provision to condone delay. ..... has been argued by the learned counsel for the petitioner that now the maharashtra money-lending (regulation) act, 2014 has come into force which makes business in money lending without licence an offence under section 39 of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the charge sheet is filed against them for offences punishable under section 306, 506 read with section 34 of the indian penal code and for offences punishable under section 32, 33(a), (b) of bombay money lending act. 2. ..... applicant no.1 is a money lender and applicant no.2 is his servant ..... it was submitted for applicant no.1 that he is money lender and he has obtained necessary licence for doing such business ..... it is observed that if due to demand made by the accused, the other person commits suicide, the act of the accused by itself will not amount to abetment within meaning of section 107 of the indian penal code. ..... the time of deciding application filed for discharge, the court is required to consider the provisions of section 227 and 228 of the code of criminal procedure. ..... it is the case of his widow that there was some money lending transaction between the applicants and the deceased and the applicants were harassing the deceased due to the ..... state of maharashtra. ..... state of maharashtra. ..... for the applicants submitted that even if the allegations made against the applicants are accepted as they are, the allegations are not sufficient to make out the case of abetment as defined in section 107 of the indian penal code. ..... there are allegations that there was illegal money lending transaction and when there is such allegation, the aforesaid circumstances are ..... , it was submitted that transaction with the deceased was not of the nature of money lending and there was simply an agreement of sale. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 2) respondent no.3 issued a show cause notice to the applicant, asking to reply as to why action under the provisions of the bombay money-lenders act, 1946 (for short, the act), should not be initiated. ..... section 10 of the act speaks as under: 10(1) no court shall pass a decree in favour of a moneylender in any suit to which this act applies including such suit pending in the court before the commencement of the bombay money-lenders (amendment) act 1975, unless the court is satisfied that at the time when the loan or any part thereof, to which the suit relates was advanced, the money-lender held a valid license, and if the court is satisfied that the money-lender did not hold a valid licence, it shall ..... (5) nothing in this section shall affect (a) suits in respect of loans advanced by a money-lender before the date on which this act comes into force; (b) the powers of a court of wards or an official assignee, a receiver, an administrator or a court under the provisions of the presidency-towns insolvency act, 1909, or the provincial insolvency act, 1920 or any other law in force corresponding to that act, or of a liquidator under the companies act, 1956, to realise the property of a moneylender. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 10/2014 which is registered at loha police station, nanded for the offences punishable under sections 5, 32 (b) and 33 of bombay money-lenders act, 1946 (hereinafter referred to as 'the act' for short) and also for the offence punishable under section 420 r/w. ..... or not in connection with or in addition to any other business;" in section 2 (10), definition of "money-lender" is given which is as under:- "(10) "money-lender" means (i) an individual, or (ii) an undivided hindu family; or (iiia) a company, or (iv) an unincorporated body of individuals, who or which- (a) carries on the business of money-lending in the state; and includes a pawn-broker but does not include - (i) government, (ii) a local authority, (iii) a bank, (iv) the agricultural refinance corporation constituted under the agricultural refinance corporation act, 1963; or (v) any other banking financial or any institution which ..... he also submitted that under the provisions of maharashtra land revenue code, the dispute with regard to the possession is also required to be decided by the revenue authority and so, no criminal action is possible against the present applicants. ..... state of maharashtra and ors. ..... state of maharashtra and ors. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the fir bearing no.79/2012 dated 8.7.2012 registered at neknoor police station u/s 306 r/w 34 of the indian penal code and u/s 32-b of the bombay money lenders act against the applicant is quashed and set aside. ..... (e) the money lenders had pestered and insulted janardhan shinde towards his failure to repay. ..... (h) the responsibility towards the death of her husband janardhan shinde is of the money lenders. 4. ..... we are of considered view that the act or acts of accused to insult do not by themselves constitute abetment. ..... (f) janardhan shinde had to make arrangement of money for payment of fees of his daughter's education, which he was not able to arrange. ..... we hold that the act of abetment is not duly described, no offence is made out for registration of an offence. 8. ..... it has to be shown from a statement in the complaint that these accused have actually instigated and aided in the victim's act of committing suicide. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... committed suicide by hanging himself in his house and accused vijaykumar bharat gurkhude, resident of bundelpura, beed, is responsible for commission of suicidal death by shri datta vithalrao shelke and therefore, complaint is lodged under section 306 of ip code and section 32 (b) (c), 33 and 34 of money lending act, vide c.r.no.97/2013. ..... thus, this court has consistently taken the view that before holding an accused guilty of an offence under section 306, indian penal code, the court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the ..... bring a case within the purview of section 306 of indian penal code there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. ..... upon careful reading of the provisions of section 107, in the light of the material collected by the prosecution, in our view there is absolutely no material on record to suggest that, the applicant in any manner instigated the deceased or he was involved in any conspiracy or intentionally aided by any act or illegal omission in abetting the deceased ..... therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under section 306, indian .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the commission further itself compared the signatures in the same line, as provided by section 73 of the indian evidence act and concluded that even a layman could infer that the signatures are totally different. 28 ..... all the petitioners are challenging the directions of the respondent no.1-state of maharashtra issued vide government resolution dated 21.03.2007 whereunder the pension granted to them under the scheme called as "swatantrya sainik pension scheme" has been withdrawn. 3 ..... in view of the above order, the state of maharashtra issued a government resolution dated 1.10.2005, appointing justice mr ..... justice palkar commission further observed that as the date of birth of the petitioner was 09.04.1946, he was just a toddler during the freedom movement of hyderabad. ..... mane was the retired judicial member of the maharashtra administrative tribunal. 5. ..... state of maharashtra had appointed mr ..... palkar a retired judge of the bombay high court to examine the 354 cases ..... 4361 of 1996 in the bombay high court bench at aurangabad, as his earlier application was not granted ..... 2619 of 2002 in the bombay high court, bench at aurangabad ..... in view of this, the provisions of the act were not applicable in the present case. 19. ..... therefore, the provisions of the act were not applicable in the present case ..... (hereinafter called as " the act" for brevity) (ii) no proper opportunity of hearing was granted by justice palkar commission and in the alternative the appreciation of evidence made by the commission was .....
Tag this Judgment!Court : Mumbai Aurangabad
..... its inadequacy passed in any case, in which the offence has been investigated by the delhi special police establishment constituted under the delhi special police establishment act, 1946 (xxv of 1946) or by any other agency empowered under any central act, other than the code of criminal procedure, and in which the central government have issued a direction to him to do so, without waiting for further ..... order or decree has been passed under which any amount is due to the government or its officers, to take all the necessary steps, with all possible expedition, to realise the moneys and cost so awarded; and (b) where the order of decree has been passed against the state or its officers, to see that the order or decree is fully satisfied, within ..... (n) to appear when instructed to do so by a district or sessions judge or district magistrate or commissioner of police, as the case may be, in any proceeding before a civil, criminal or revenue court under section 340 or 345 of the code of criminal procedure; (o) to appear when so directed by the collector in applications made by the collector under section 10 of the guardian and wards act, 1890 (viii of 1890) or section 10 of the bombay court of wards act, 1905 (bom. ..... , but for the reason mentioned in the order impugned in this matter, issued by the state government in exercise of powers under rule 30(5) of the maharashtra law officers (appointment, conditions of service and remuneration) rules, 1984, (for short, rules of 1984 ? .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section (2) of section 21 provides that notwithstanding anything contained in the bir act, 1946, no employee in any industry to which the provisions of the said act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representatives of the employees entitled to appear under section 30 of that act ..... or (ii) that the membership of the union has, for a continuous period of six calendar months, fallen below the minimum required under section 11 for its recognition : provided that, where a strike (not being an illegal strike under the central act) has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of ..... cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied, that it has committed any practice which is, or has been declared as, an unfair labour practice under this act: provided that, if having regard to the circumstances in which such practice has been committed, the industrial court is of opinion, that instead of cancellation of the recognition of the union, it may, suspend ..... under section 13 has been allowed and the recognition granted to the petitioner / union under section 12 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ( the 1971 act ) has ..... bombay .....
Tag this Judgment!Court : Mumbai Aurangabad
..... an employee has actually worked under an employer shall include the days on which (i) he has been laid-off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946 (20 of 1946), or under the industrial disputes act, 1947 or (14 of 1947), under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to ..... legal heir, as the case may be, may, within ninety days of the occurrence of the cause for the application, apply in form 'n' to the controlling authority for issuing a direction under sub-section (4) of section 7 with as many extra copies as are the opposite parties : provided that the controlling authority may accept any application under this sub-rule, on sufficient cause being shown by the applicant, after the ..... defined to be an establishment in the bombay shops and establishments act, it would complete the test provided by section 1(3)(b) of the gratuity act. ..... the learned advocates for the respective sides, i find it appropriate to refer to certain provisions of the payment of gratuity act, 1972 and the payment of gratuity (maharashtra) rules, 1972. 11. ..... rule 11 of the payment of gratuity (maharashtra) rules, 1972, which provides with the procedure for dealing with the ..... rule 10 of the payment of gratuity (maharashtra) rules, 1972, which provides for making of an application for direction to the controlling authority and .....
Tag this Judgment!