Court : Mumbai Aurangabad
..... we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction of the high court under articles 226 and 227 of the constitution. ..... the date of the completion of the proceedings before the conciliator; (ii) where the registered union or the employer, as the case may be, has offered in writing before the conciliator to submit the dispute to arbitration under this act and the employer or the union, as the case may be, has not agreed to do so; (iii) unless the dispute is first submitted to the conciliator and the conciliation proceedings are completed or the conciliator certifies that the ..... with the provisions of section 28 or where the proviso to sub-section (1) thereof applies, the employees themselves; (vi) the labour officer: provided - firstly, that the persons entitled to appear or act under clause (v) may authorise any qualified or primary union in respect of such industry to appear or act instead of them; secondly, that where the labour officer is the representative of the employees, he shall not enter into any agreement under section 44 or settlement under section 58 unless ..... (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. ..... chemical employees' union [2009 (4) mh. l. j. .....
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..... cross-examination of the plaintiff an application at exh.49 was moved by the plaintiff under order 18 rule 3 of the code of civil procedure, thereby reserving his right to produce the evidence by way of rebuttal in respect of issue no.3, if required. ..... petition, the petitioner challenges the order dated 16.11.2009 passed by the learned 5th joint civil judge, senior division, aurangabad below exh.49 in special civil suit no.265 of 2008. ..... said case, high court of andhra pradesh has taken a view that the last stage of exercising the option under order 18 rule 3 of the code of civil procedure can well be before the other party begins his or her evidence. ..... learned counsel for the petitioner submits that order 18 rule 3 of the code of civil procedure is silent about the stage at which such application can be moved by the party, ..... thus, in view of the legal position under order 18, rule 3 of the code of civil procedure and the issue framed by the trial court and considering the stage of the evidence, the application moved by the plaintiff/petitioner ought to have been allowed by ..... two options are available under order 18, rule 3 of the code of civil procedure to a party, who begins while dealing with the issue of which the burden is on ..... not disputed that the burden of issue no.3 is on the defendants, in view of the contentions raised and defence taken by the defendants in their written statement. ..... the impugned order passed by the 5th joint civil judge, senior division, aurangabad is set aside. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... case of the petitioner that without complying the condition in respect of payment of court fee, respondent no.1 - original plaintiff, on 01.09.2009, carried out amendment to the plaint of regular civil suit no.368/2007. 9. ..... therefore, according to the learned counsel for respondents no.1 and 2, since the application filed by respondent no.1 - original plaintiff for amendment of the plaint was in respect of properties owned by her father-in-law, that amounts to matrimonial dispute and, therefore, the order passed by the trial court exempting the plaintiff - respondent no.1 herein from payment ..... order dated 17.07.2010, passed by 5th joint civil judge, senior division, ahmednagar, below application exhibit-44 in regular civil suit no.368/2007; and order dated 20.08.2009, passed by 4th joint civil judge, senior division, ahmednagar, below application exhibit-28 in regular civil suit no.368/2007, are quashed and set ..... , learned counsel for respondents no.1 & 2, has invited my attention to the provisions of section 17 of the civil procedure code and submits that though the properties are situate at pune, respondent no.1 - original plaintiff can very well file suit in respect of the said properties at ahmednagar and as such suit is filed and application for amendment has been rightly entertained by the concerned court. ..... the case of the petitioner that provisions of section 46 of bombay court fees act cannot be made applicable and the plaintiff cannot be granted exemption from payment of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of solemn undertaking given to this court the alleged contemnor has not paid the amount of unpaid salary to the petitioner within six weeks from 12.11.2009, or till today, and also the management has been failed to pay the regular salary to the petitioner. ..... dhorde that unpaid amount of salary of the petitioner will be disbursed within six weeks from 12th november, 2009 to the petitioner, who was respondent no.4 in the writ petition and also the management will continue to ..... section 2(b) and (c) of the 1971 act which define civil and criminal contempt read as under: "2(b) `civil contempt' means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; (c) `criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which- (i) scandalises or tends to scandalise, or lowers or tends to lower the authority ..... by the respondents no.1 and 2 that the unpaid amount of salary would be disbursed within six weeks to the petitioners from the date of passing of the order by the learned single judge on 12.11.2009, no amount towards unpaid salary was disbursed and that gave rise to filing this contempt petition. ..... 2 have not complied the statement made before this court in the month of november 2009 or they have not complied the assurance given to this court by filing affidavit. .....
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..... according to him, rule 3(b) (i) and (ii) of the 1998 recruitment rules, has been amended inasmuch as the government is empowered to appoint, not only those who have completed the course of civil engineering assistant within one year from a recognized institution, but also those who have completed those courses which the government has declared to be equivalent to the aforesaid course ..... he further submitted that although the petitions were filed in the year 2008/2009 and notices had been issued to the respondents, the matters have seen the light of the day before us after almost three years and, therefore, the petitioners are well within their rights to insist on ..... while considering whether administrative tribunals constituted under the administrative tribunals act, 1985 are empowered to adjudicate on the vires of statutory provisions or consider whether there is a breach of any fundamental rights guaranteed under the constitution, the supreme court in the case of l ..... we may add that the tribunals will, however, continue to act as the only courts of first instance in respect of the areas of law for which they have been constituted by this, we mean that it will not be open for litigants to directly approach the high courts even in cases ..... apex court, as observed earlier, has held in this judgement that the high court should not entertain any petitions pertaining to service matters, as envisaged under the administrative tribunals act, and the parties must be relegated to the tribunal. .....
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..... auction purchaser is concerned, the applicant has placed reliance on the judgment of the supreme court reported in 2007 air scw 4080 ( cited supra) for claiming refund of court fees.6 order xxi rule 85 of the code of civil procedure ( bombay amendment ) requires the purchaser to deposit the amount required for general stamp duty of the certificate under rule 94 in the court together with full amount of purchase money. ..... govt of india) needs to be used at the time of recovering the stamp duty on sale certificate issued by civil court.iv whether in view of the interpretation made by hon'ble apex court in aforesaid two cases, bombay amendment to order 21 rule 85 of code of civil procedure with regard to recovery of stamp duty in respect of sale certificate needs t be treated as invalid.2 an application was tendered by auction purchaser in regular darkhast no. ..... such order thereon as it thinks fit:provided that where the court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is subordinate or by the supreme court ..... 60/2009 claiming refund of stamp duty deposited by the auction purchaser alongwith interest, if any. .....
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..... it is the case of the petitioners/tenants that the respondents/landlords filed an eviction petition under section 15 of the hyderabad houses (rent, eviction and lease) control act, 1954 (hereinafter to be referred to as the rent control act), against the original defendants/tenants, before the sdo/rent controller, nanded, on the ground of bonafide requirement of the landlord and willful default on the part of ..... the petitioners herein, who are the tenants, did not file any reply to the amendment and the additional grounds raised by the landlord, by way of amendment to the petition and, therefore, it needs to be presumed that the tenants have admitted the said grounds, including the ground of bonafide requirement, for the reason that the admitted facts ..... that the appellate court should have held that since the tenants did not file their response/answer to the amended petition, the decree cannot be passed by holding that the defendants have accepted the contentions in the amended petition. ..... 2) this civil revision application is filed challenging the judgment and order dated 1st october, 2009, passed by the learned principal district judge, nanded in hrca no.1/2007, arising out of the judgment and order dated 16th may, 2007 in case no.rca(15)18/1994 passed by the learned sdo/ ..... the amendment was carried out in the eviction petition by landlord, whereby it was submitted that, the appellant - dinesh in appeal, is educated unemployed and he wants to commence his business, for which, the .....
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..... learned counsel for the appellant has urged that it is the defence of the appellant that merely because the dead body was recovered from his field, he was falsely implicated in this case. ..... it may also be useful to refer the position of law in relation to section 27 of the evidence act, as observed by the apex court in the matter of "geejaganda somaiah v/s state of karnataka" 2007 air scw 1681. ..... the position of law in relation to section 27 of the evidence act was elaborately made clear by sir john beaumont in pulukuri kottaya and others v.s emperor [air 1947 pc 67] wherein it was held :"section 27, which is not artistically worded, provides an exception to the prohibition imposed by the preceding section, ..... at this juncture, it may be useful to refer to the observations of the apex court, in the mater of "state of maharashtra v/s suresh" (2000) 1 scc 471, relating to the recovery of dead body / bodies u/s 27 of the evidence act, which reads thus26. ..... such an interpretation is not inconsistent with the principle embodied in section 27 of the evidence act."16. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... james stephen the draftsman of the indian evidence act in his introduction to the indian evidence act while discussing confessions at page 165 of the 1892 edition (which is a reprint of the 1872 edition) says : "admissions in reference to crimes ..... (18) counsel for the defence contended that in any event deoman was not at the time when he made the statement attributed to him, accused of any offence and on that account also apart from the constitutional plea ..... , they were sentenced to suffer rigorous imprisonment for 3 years in sessions case no.10/2008 vide judgment and order dated 05/06/2009 by the additional sessions judge, gangakhed.2. ..... " section 150 of the criminal procedure code act 25 of 1861 reads as under :"whey any fact is deposed to be a police officer as discovered by him in consequence of information received from a person accused of any offence, so much of such information, whether it amounts to a confession or admission of guilt, or not, ..... section 26 of the indian evidence act by its first paragraph provides "no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against a person ..... (7) section 27 of the indian evidence act is one of a group of sections relating to the relevancy of certain forms of admissions made by ..... the provisions relating to them that ss.25, 26 and 27 were transferred to the evidence act verbatim from the code of criminal procedure, act xxv of 1861. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... which day either on tuesday or thursday there was alleged demand is not clear and this conduct of the complainant creates doubt about the authenticity of his evidence.at this juncture, it would be appropriate to refer to the defence taken by the appellant / accused in his statement u/s 313 of cr.p.c. ..... written statement filed by the appellant / accused it appears that the appellant had taken a probable defence and the said defence is not required to be proved by strict proof. ..... is further submitted that one of the essential ingredients of section 7 of the prevention of corruption act, 1988 regarding motive for accepting illegal gratification of rs.300/- has not been proved by the prosecution ..... this witness was cross-examined by the defence counsel at length.in his cross-examination, p.w.1 complainant admitted that at the relevant time, he was residing at aadgaon, which is his native place and he was posted as kotwal ..... therefore, one of the essential ingredients of section 7 of the prevention of corruption act, 1988 that amount of rs.300/- was received by the accused / appellant from laxman arey p.w.1 as gratification as a motive or reward for releasing him on bail, has not been proved by the prosecution beyond reasonable doubt.it ..... reported in 2009 all mr (cri) 85, this court held that demand of bribe is a foundation in a case under prevention of corruption act. ..... civil ..... another constable with him were in civil dress. ..... civil ..... constable chauhan and one constable with him were in civil dresses. .....
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