Court : Mumbai Aurangabad
..... even the evidence of minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her tender age. ..... that for proof of a fact, no particular number of witnesses is required. what matters is the quality and not the quantity. section 134 of the indian evidence act, 1872 is explicitly clear and enunciates time honoured rule of appreciation of evidence that evidence is required to be weighed and not counted. 19. after closure of evidence ..... was to abort a case against an alleged economic offender. ends of justice are not satisfied only when the accused in a criminal case is acquitted. the community acting through the state and the public prosecutor is also entitled to justice. the cause of the community deserves equal treatment at the hands of the court in the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... v. industrial court, maharashtra, 1970 lab.i.c. 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. in passing the impugned order the industrial court has not overstepped the limits set by the aforesaid judgment. in the instant case the industrial court ..... the industrial court either through an appeal or through its revisional powers. 15. the learned advocates appearing as amicus curiae have unitedly submitted that since the 1971 act, as regards the grievance about issuance of process or any order passed by the labour court while adjudicating upon a criminal complaint, is silent, having not ..... (1) of section 48, shall be cognizable. 12. it is, therefore, apparent that the labour court is empowered to try the offences punishable under this act depending upon its jurisdiction within which an offence may have been committed. the labour court has the powers under the code of criminal procedure, 1898, of a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of law as to be binding on industrial tribunals adjudicating an industrial dispute. the jurisdiction which is granted to industrial tribunals by the industrial disputes act is not the jurisdiction of merely administering the existing laws and enforcing existing contracts. industrial tribunals have the right even to vary contracts of service ..... , still the legislature did not intend to include in this expression "industrial disputes" for the adjudication of which the parliament had enacted the industrial disputes act. the learned judges then referred to the proviso and observed: "indeed this proviso supplied a key to the intention of legislature and it almost conclusively ..... , clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... unless restrictions and limitations are placed by statutory provision. 45. the legislative intent is discernible that decisions under section 72(2) of the bpt act were not intended to be decrees subjected to appeals with restrictions and limitations. in its wisdom, the legislature appears to have thought it appropriate that ..... of revisional jurisdiction is generally for the purpose of keeping tribunals subordinate to the revising tribunal within the bounds of their authority to make them act according to law, according to the procedure established by law and according to well defined principles of justice. revisional jurisdiction as ordinarily understood with ..... persistent default in the submission of accounts report or return; (b) wilfully disobeys any lawful orders issued by the charity commissioner under the provisions of this act or rules made thereunder by the state government; (c) continuously neglects his duty or commits any malfeasance or misfeasance, or breach of trust in respect of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... s.c.c. 685, while dealing with the question as to whether the election commission, in exercise of powers under section 29-a of the representation of the people act, 1951, acts administratively or quasi judicially, after taking stock of the decisions in (r. v. dublin corporation) 9, (1878) 2 ir. r. 371, (r. v. electricity ..... or exclusively on the application of objective standards to ascertain facts but if it is founded on subjective satisfaction of the statutory authority, the duty to act judicially would be clearly excluded and the decision would be an administrative decision as opposed to quasi judicial decision. the basic test, therefore, for distinguishing ..... the supreme court has considered the peculiar nature of the proceedings, which are necessarily as preventive measure and looking to provisions of section 59 of the act, has overruled the objections as regards necessity of recoding reasons. the provision of section 59 itself imposes limited obligations on the authority to explain to .....
Tag this Judgment!