Court : Mumbai
Reported in : 2000(5)BomCR360; 2000BomCR(Cri)360
..... could not have been in a position to see and secondly the details given by narayan regarding the assault on ramdas are improbable. i do not find any force in these submissions. the evidence of narayan is totally unshaken in the cross-examination. the evidence of doctors, postmortem notes, spot panchanama and evidence of narayan ..... and there should be no abridging or curtailment in that regard while recording the evidence. (f) while examining memorandum of discovery under section 27 of the evidence act, that part of the statement of the accused which is liable to be excluded as inadmissible should be specifically mentioned in the deposition. (g) when the arguments ..... of word 'fact' it meant to include objects also, which have not been taken into consideration by the privy council while interpreting section 27 of the evidence act. the observation of the privy council that it is fallacious to treat the 'fact discovered' within the section as equivalent to the 'object produced', in our .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ3637
..... order and detention orders to detaining authority vitiate the constitutional safeguard provided under article 22(5) of the constitution, and hence section 5a of the national security act, cannot b attracted. the submission cannot be accepted taking into consideration the language and tenor of section 5a in general and the use of phraseology 'invalidate ..... them encroaching upon the government land. the police officer pawar did not play any role whatsoever in the process of issuing the impugned order. we, therefore, find force in the submission advanced by mr. borulkar, learned p.p. that the documents exhibits 'a', 'b' and 'c' annexed to the bail application no. 22 ..... against the detenu and co-accused at behest of balkrishna pawar against whom co-accused rekha had lodged complaint under section 7 of the prevention of corruption act',, exhibit 'c' clearly demonstrates that such apprehension was expressed as early as in january 004 by lodging a complaint to the higher authorities. mr. solkar .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR526
..... the petitioner were there which were made available to the first respondent by the newly added third respondent. the grievance therefore, is that the first respondent was not acting on his free will but had allowed himself to be noseled by the respondent-landlord.in this connection, it was pointed out that the third respondents has made ..... 13th november, 1985, when the then sub-divisional magistrate, margao, one k.k. sharma, served a show cause notice upon the petitioner under section 18 of the act. the legality of the said notice was challenged by the present petitioner in this court in criminal writ petition no. 251.86, which was filed on 8th october, 1986 ..... the present respondent no. 3, the newly added respondent in noseleading the first respondent, sub-divisional magistrate, south goa, to pursue with the show cause notice under the act which show cause notice has no legal, existence.as will be presently pointed out, in our view, the show cause in question which is sought to be perused .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR252; 2003(4)BomCR374
..... reads thus :'247.appeal and appellateauthorities :- (1) in the absence of anyexpress provisions of this code, or of any lawfor the time being in force to the contrary,an appeal shall lie from any decision ororder passed by a revenue or survey officerspecified in column l of the schedule eunder this code ..... can be assigned to thepower of revision under clause 24 firstlybecause the language of the said clause doesnot permit it, and secondly, the object ofthe act and regulation also does not allowsuch restricted interpretation. neither thewords employed in clause 24 nor the contextsupport the interpretation sought to beplaced by the learned counsel ..... mlj 115. the learnedsingle judge (j.a. patil, j.) was considering aquestion of second revision filed before thegovernment of maharashtra u/s 154 of the maharashtracooperative societies act. while considering theissue the judgment rendered by lodha, j. (supra) wasconsidered. in case of ramesh the judgment inw.p. no. 2084/1999 delivered by gokhale, .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom
..... under standing order 20a and filed a complaint being complaint (ulp) no. 659 of 1994 before the industrial court, mumbai. the respondent examined their senior security officer. in his cross-examination he accepted that except his words there was no evidence to show that the employee was inefficient. he also admitted that his ..... . as against this submission of the mill-company, it was pointed out on behalf of the workmen that the standing orders still continue to be in force. they were not suspended and had been specifically preserved for their operation. the workforce had already been reduced substantially and whatever workforce was remaining was entitled ..... mill company had gone to bifr. the petitioners, therefore submitted that in view of the provisions of section 22 of the sick industrial companies (special provisions) act, 1985, all legal proceedings and execution of any order creating monetary liability would stand suspended. they are relied upon the statement of shri haribhau naik, the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)321
..... the judgment the court further observed that it was not possible to agree with the contention of the counsel for the state government that section 10 of the national security act only envisaged one representation of the detenu 'being placed before the advisory board within the time schedule prescribed by it. it was then observed that a supplementary representation ..... , district jail, agra a division bench of the allahabad high court was called upon to consider similar question in respect of order of detention made under the national security act of 1980. in para 27 of the judgment at page 1008 of the report the high court observed to the effect that the language of section 10 of the ..... to it, but it is the abstract ratio decidendi, ascertained on a consideration of the judgment in relation to the subject matter of the decision, which alone has the force of law and which, when it is clear what i! was is binding, it is only the principle laid down in the judgment that is binding law under .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR53; (1995)97BOMLR867
..... the petition mentions the particulars of the result of the said election containing particulars such as names of the contesting candidates from the said constituency, the votes secured by the respective contesting candidates and votes declared as invalid, etc. the petitioner was sponsored by the indian national congress party while the 1st respondent was ..... and the principles laid down in the context of provisions of section 82(b) read with section 86(1), in my view the same in all force support the application presented by and on behalf of the 1st respondent. the application is well merited. said shri parkar being the duly nominated candidate was ..... the general assembly election held in february, 1990 from 37, kherwadi constituency accepted as valid by the returning officer; and (ii) whether said mr. parkar also acted as election agent for the 1st respondent during the election campaign. (iii) whether there are charges of corrupt practices made in the petition against the said election .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR483
..... c the defendants may deduct such amount from the t.d.r's without reference to it. the letter did not stipulate any time limit for the validity of this security.4. original plaintiff no. 1 had agreed to purchase from ocilac inc, (beneficiary) a company based in new york, 200 metric tonnes of phenol usp (hereinafter referred ..... that the court should not venture to compare writings its self, as it would thereby assume to itself the role of an expert is entirely without force. section 73 of the evidence act expressly enables the court to compare disputed writings with admitted or proved writings to ascertain whether a writing is that of the person by whom it ..... 141 have not been conferred expressly on an indemnifier. section 141 reads as under:141. surety's right to benefit of creditor's securities. - a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)ALLMR757; 2007(5)BomCR629; 2008(1)MhLj364
..... involving the police officer as per the direction of the honourable supreme court, is to deploy their expertise of investigative ability so as to secure relevant information, during which process, a research officer is associated with them.(g) no strict and rigid procedure as to association of research ..... , de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (for short 'the act of 2000') and rules made thereunder, namely, maharashtra scheduled tribes (regulation of issuance and verification of) certificate rules, 2003 (in short, ..... erroneously come to the conclusion that the petitioner has by making false representation secured the caste certificate or the consequential benefits therefrom. in each and every case of invalidation, prosecution under section 1 of the certificate verification act cannot be initiated. hence the direction of the respondent no. 4 initiating .....
Tag this Judgment!Court : Mumbai
Reported in : 1998CriLJ4481
..... been ill-treating her. the husband on the other hand was claiming that the wife had serious psychiatric problems. the husband therefore approached the court in new york and secured the custody of his children. thereupon the wife left on 31st october, 1992, the matrimonial home and took the children with her. she filed a complaint before ..... of such an offence will behave would depend upon the circumstances in which she is placed. it often happens that such victims do not complain against such illegal acts immediately because of factors like fear of shame or uncertainties about the reactions of their parents or husbands in case of married girls or women and the adverse ..... , who is engrossed in spiritual activity and who has thousands/millions of disciples all over india and, therefore, he was not likely to indulge in the illegal acts alleged against him. it failed to appreciate that it is not unusual to come across cases where the so-called spiritual heads exploit young girls and women who .....
Tag this Judgment!