Court : Mumbai Aurangabad
..... code does not impose any ceiling the desired object can be achieved by the following: (i) courts levying costs, following the result, in all cases (non-levy of costs should be supported by reasons); and (ii) appropriate amendment to civil rules of practice relating to taxation of costs, to make it more realistic in commercial litigation. " 26. ..... vide this petition, has impugned order dated 2.8.2007 passed by the learned ii joint civil judge (senior division), jalgaon in special darkhast no.105 of 2007 below exhibit 7 ..... present system of levying meager costs in civil matters (or no costs in some matters), is wholly unsatisfactory and does not act as a deterrent to vexatious or luxury litigation borne out of ego or greed, or resorted to as a `buying-time' tactic and that a more realistic approach relating to costs may be the ..... , learned lower court has issued an attachment warrant under order xxi rule 54 of the code of civil procedure (for the sake of brevity, hereinafter, referred to as "the code"). 4. ..... costs is intended to achieve the following goals: (a) it should act as a deterrent to vexatious, frivolous and speculative litigations or defences. ..... (b) costs should ensure that the provisions of the code, evidence act and other laws governing procedure are scrupulously and strictly complied with and that parties do not adopt delaying tactics ..... ram kumar gupta [(2009} 2 scc 656 ] the honourable apex court has pointed ..... this petition has been deleted by the petitioner on 24.7.2009 itself. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for proving the offence of kidnapping and also for proving the offence of rape, in view of the defence taken by the accused, it was necessary for prosecution to prove that the age of the prosecutrix was below 18 years at the ..... entry made in birth register has presumptive value in view of section 17 (2) of birth and death registration act, 1969 and this position of law needs to be kept in mind, when there is conflict between medical evidence and the other ..... in the cross examination of the prosecutrix, it is brought on the record by the defence that the accused also used to visit the house of prosecutrix as mother of the accused was working in the house ..... it is brought on the record during her cross examination by the defence that she used to go to accused whenever accused had called her ..... in the cross examination of prosecutrix (pw 7), it is brought on the record by the defence counsel that accused had taken sexual intercourse with her even in the aforesaid field after the incident ..... this witness has denied the suggestion given by the defence counsel that the age of the prosecutrix was above ..... age of the prosecutrix was below 16 years, then there was no question of considering the defence of consent of prosecutrix for giving decision on the charge of rape. ..... of maharashtra], this court had an opportunity to refer the relevant provisions of evidence act and also the case law developed on the point of determination of the age of ..... state of maharashtra], air 2009 supreme court 314 [baboo pasi .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shivaji rathod went to the spot and did inquest panchanama of the dead body and the body was taken to the civil hospital, parli vaijnath for post-mortem and seeking medical opinion regarding cause of death. ..... even if it was understandable from the manner in which the dead body was found to initially think that accident must have taken place still, if the p.w.2 - padoba had been informed in the evening of 19.10.2009 itself by p.w.3 - govind as to what happened at the sapna bar, p.w.2 - padoba did not go forward to lodge f.i.r. ..... the trial court, of course, has observed that the act of a2 - nagnath hiding himself indicated his implication in the offence but we are not convinced ..... these words were in contradiction with the evidence of p.w.9 - shivaji rathod that on 19.10.2009 he was informed that murder had taken place. 13. ..... kendre and that mudrikabai had filed regular civil suit no.64/20io against complainant before the civil judge senior division. ..... accused no.3 - pralhad bhaurao chate (a3/p.w.l) deposed that on 19.10.2009 he was at his village kusalwadi and was told by a2 - nagnath that they have to go to ..... their defence is total denial ..... under section 133 of the evidence act, 1872, even if p.w.1 - pralhad (a3) may be a competent witness but he is ..... satish bansode shows that on 21.10.2009 he had given letter to the medical officer to enquire whether injuries of the victim were possible by accident or ..... then p.w.3 - govind has deposed that on 19.10.2009 he went to parli at about 11:00 a.m .....
Tag this Judgment!Court : Mumbai Aurangabad
..... from the available documents, the appeal was filed and the grievance was that the promotional orders of the respondent nos.3 to 6 are contrary to the maharashtra employees of private schools (conditions of service) regulation act, 1977 and the maharashtra employees of private schools (conditions of service) rules, 1981. ..... it is alleged by him that this appeal is maintainable because section 9 of the meps regulation act, 1977 and which has been pressed into service by him, confers a right of appeal not only against the orders of termination, dismissal or removal, but equally against reduction in rank, supersession and while making an ..... he has also made written complaints on 1.7.2009, 2.7.2009 and 9.7.2009 about his supersession to the management, but the management refused to give any ..... therefore, i do not find substance in the defence of respondent management that the appellant has voluntarily relinquished his claim to the post of head ..... be called for and after scrutiny of the same, the respondent no.1 prayed that he may be permitted to amend his memo of appeal. ..... declaring the promotion and recognition given to the respondent no.6 as head master from june, 2009, by the respondent no.1 institution, as illegal, the same may be quashed. b ..... relying upon the information obtained under the right to information act, 2005, the respondent no.1 alleged that all the heads of the aforesaid schools are junior to him ..... in view of above order, pending civil applications, if any in these appeals, stand .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in view of above, the claim that this fact was especially within the knowledge of the accused persons pursuant to section 106 of the evidence act and as such, they owe an explanation to that effect, is liable to be and is accordingly rejected as the prosecution has failed to establish its basic case of presence of accused nos.1 and 3 at the scene ..... 1976 sc 975, so as to canvass that the prosecution must stand on its own legs and the weakness of the defence cannot be an advantage to the prosecution nor the court can invent a new case as against the accused persons. 93 ..... discussed herein above, has failed to establish the presence of accused nos.1 and 3 on the spot, at the relevant time, as from the evidence of the prosecution, so also the evidence of the defence, it could easily be inferred that the accused persons were not present on the spot. ..... in the absence of oath the evidence of a child witness can be considered under section 118 of the evidence act provided that such witness is able to understand the questions and able to give rational answers thereof. ..... counsel, if the evidence of the said witness is analyzed minutely, the same is not worth consideration under section 118 of the evidence act, and as such, has sought to draw support from the following observations in paragraph 4 of the said judgment :- 6. ..... as per the story narrated by ganesh, so also the defence, they immediately ran to the third floor and forced open the door and then noticed chandarani ..... reported in 2009 all mr .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in that view of the matter, keeping in view the exposition of the bombay high court bench at aurangabad in case of naeemahmedkhan s/o dilawarkhan (supra), in the facts and circumstances of the present matter, we find that the act of the respondents no.2 to 5 in trying to make recovery of promotional benefits from the petitioner on the ground that the petitioner did not pass professional examination, cannot be maintained and in this regard, the impugned orders are quashed ..... state of bihar and others (2006(11) scc 492), and in para 16 held that, in the facts and circumstances of the matter, the act of the respondents trying to make recoveries from petitioner of benefits due to grant of increments because of professional examination has not been passed, cannot be maintained and impugned orders passed in that regard were quashed and ..... it is submitted that the government resolution dated 31st july, 2013 relied upon by the petitioner is in respect of civil engineering assistants working in b and c department and it is not applicable to the petitioner, who is working as store keeper ..... , the rules were amended. ..... state of bihar and others (2009) 3 scc 475), the learned counsel for the petitioner submits that the petition deserves to be allowed. ..... it would be inappropriate and against equity that recoveries should be made of the increments alleged to have been wrongly granted to the petitioner with effect from 1st october, 2000, when he has already superannuated on 31st october, 2009. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shall be the duty of the industrial court: (a) to decide an application by a union for grant of recognition to it; (b) to decide an application by a union for grant of recognition to it in place of a union which has already been recognised under this act; (c) to decide an application from another union or an employer for withdrawal or cancellation of the recognition of a union; (d) to decide complaints relating to unfair labour practices except unfair labour practices falling in item 1 of schedule iv; (e) to assign work, and to give ..... schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (for short, act, 1971 ) before the industrial court, aurangabad. ..... under these circumstances, the civil court would not have gone into the merits and decided the matter against ..... his defence was that the accident occurred due to mechanical failure and breakage of ..... labour court and the industrial court are defined in sections 4, 5, 6 and 7 of the mrtu and pulp act, 1971, which read as under: 4. ..... subsequently, he filed a civil suit for declaration that his dismissal from the service and reduction of rank and also the direction that he is not entitled to pay the arrears of ..... by this court on 20.02.2009. ..... has accepted the correctness of the order and then acted upon it. ..... it shall be the duty of the laour court to decide complaints relating to unfair labour practices described in item i of schedule iv and to try offences punishable under this act. ? 21. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... only, which means that defence forces are excluded from the operation of the rule of reservation though it may yet apply to civil posts in defence services. ..... some of them are: (1) defence services including all technical therein but excluding civil posts. ..... for example, technical posts in research and development organisations/departments/ institutions, in specialties and super-specialties in medicine, engineering and other such courses in physical sciences and mathematics, in defence services and in the establishments connected therewith. ..... as a matter of fact, the impugned memorandum dated 13th august,1990 applies the rule of reservation to civil posts and services under the government of india ? ..... (2) all technical posts in establishments engaged in research and development including those connected with atomic energy and space and establishment engaged in production of defence equipment. ..... 5118 of 2009 and 7191 of 2012 wherein similar issue was involved. ..... it is the case of the petitioner that, the petitioner society is registered under the maharashtra public trusts act, 1950 and societies registration act. ..... in the facts of the vidya prasarak mandal (supra), the petitioner therein, is a public trust registered under the bombay public trust act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... this criminal appeal is filed by the appellant original accused no.3, challenging the judgment and order dated 21.03.2013 passed by the additional sessions judge, vaijapur in sessions case no.277/2012 (old no.319/2009), thereby convicting the appellant for the offence punishable under section 302 of the indian penal code (for short ipc ) and sentenced to suffer imprisonment for life and to pay a fine of rs.2,000/- in default to suffer s.i ..... when the deceased swati was in the exclusive custody of the appellant during night time, the act committed by the appellant had serious consequence and deserves to be punished by awarding appropriate punishments keeping in view the social interest and consciousness of the ..... the appellant did not offer any explanation or taken a defence that he was not present in the house during the said night. ..... the prosecution case rests upon the circumstantial evidence, the following circumstances can be deduced from the evidence brought on record by the prosecution: i) on 29.05.2009, the appellant and the deceased swati had gone to ranjangaon at about 6.00 p.m. ..... dw 2, post office superintendent, examined by the defence, categorically admitted that the handwriting of all the four telegrams was of the same ..... appellant did not offer any explanation in his defence under what circumstance swati died. 12. ..... has come on record that defence advocate admitted the document i.e. ..... hence, the defence of the accused seems to be most probable in respect of death of deceased .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appellant and his parents took her to civil hospital, majalgaon where she was treated and thereafter as per the advice of the doctor, she was taken by a private vehicle to civil hospital, beed where she was taking treatment. ..... 34 of 2011 for restitution of conjugal rights under section 9 of the hindu marriage act in the court of civil judge (s.d. ..... accused nos.2 and 3 then took her to rural hospital, majalgaon and then to civil hospital, beed and admitted her there. 18. ..... dhoot (pw-7) stated that the deceased anita ashok sable was referred to civil hospital, beed by rural hospital, majalgaon. ..... they came to know that anita was shifted to civil hospital, beed and then they reached civil hospital, beed at about 4.00 p.m. ..... then they took her to rural hospital, majalgaon where she received first aid and thereafter, as per the advice of the doctor, she was taken to the civil hospital, beed for further treatment. ..... he came to know that a patient namely anita ashok sable was admitted in civil hospital, beed and the m.l.c. ..... the defence taken by the accused is that due to sudden flaring of the local earthen oven while pouring kerosene in it, the deceased sustained burn injuries accidentally. 5 ..... he reiterated that he reached the civil hospital, beed at about 4.00 ..... he denied the suggestion that he reached at civil hospital, beed at about 9.00 a.m. ..... in their defence, the accused examined dr.wagh (dw1-). ..... anita was referred to civil hospital, beed on the same ..... state of maharashtra, 2009 all m.r. ..... 2009 s.c .....
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