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
..... 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
..... held that : " a decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a civil court is subject to an appeal to the commissioner under section 203 of the bombay land revenue code and is also revisable under section 211 there of;(emphasis supplied)para 5 of the said judgment reads thus :- " any decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a ..... clause 'd' of the decree and submitted that according to the said clause d, the mandate of section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 should have been followed by the collector. ..... 1 should have filed appeal before the competent authority under section 247 of the maharashtra land revenue code, if he was aggrieved by the action of the collector in ..... the order of the collector before the appellate authority under section 247 of the maharashtra land revenue code.10. ..... cited supra has also taken a view that partition of agricultural lands in execution of decree for partition, order passed under section 54 partitioning the properties, appeal against such order maintainable before the additional commissioner (revenue).13. ..... nanba dhanaji and others, reported in air (33) 1946 nagpur, 353 the learned senior counsel submitted that ..... proper to set aside and quash, otherwise, the petitioners will suffer irreparable loss which cannot be compensated in terms of money. .....
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
..... 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
..... 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
..... annexed to the petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be granted; (h) any other ..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions ..... of original lessors could not have applied for return of land, was found misconceived in the light of definition of "family" contained in section 2(22) of the maharashtra agricultural lands (ceiling on holdings) act, 1961 [for short "1961 act"]. ..... in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... section 28 has been amended lastly by maharashtra amendment act .....
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
..... in regular criminal case no.23/2014 pending on the file of the judicial magistrate first class, nandurbar for the offences punishable under sections 32b and 33 of the bombay money lenders act, 1946 (hereinafter referred to as the 1946 act for short) and sections 420 read with section 511 of indian penal code. 2. ..... it is true that though the first information report was lodged alleging the offences only under the bombay money lenders act, 1946, while registering the offence against the petitioner, an offence under section 420 r/w 511 of the indian penal code was also registered against him. ..... further submitted that the argument advanced on behalf of the petitioner that since the bombay money lenders act, 1946 is a special statute and is a self contained code, on the same set of facts and on the same set of evidence, the petitioner cannot be prosecuted for the offence punishable under section 420 of the indian penal code is misconceived. ..... section 420 of the ipc, with the sole intention to obtain police custody of the petitioner which could not have been possible had he only registered the offence under section 32(b)(b) and 32(b)(c) and 33 of the bombay money lenders act, 1946. ..... manoj madhukar choudhari lodged report on 05.01.2013 at nandurbar city police station for the offences punishable under sections 32b(b) and 32b(c) and 33 of the bombay money lenders act, 1946. .....
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. .....
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