Court : Mumbai
Decided on : Jan-06-1988
Reported in : 1988(2)BomCR217
..... out. but this he could do only after recording the statement of the complainant on oath. such a statement not having been recorded, it follows that the magistrate had not acted under section 202 of the cri.p.c. the objectionable words found in the order mean no more than an expression that the petition presented to the magistrate, disclosed a .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1988
Reported in : 1988(3)BomCR1; (1988)90BOMLR292
..... operation for some of its provisions, then it would not be proper to read a retrospective effect in the other provisions. see s.t. officer, moradabad v. oriental coal corporation, : [1988]2scr562 .23. it has not been possible to appreciate the relevance of shah bhojraj kuverji oil mills and ginning factory v. subhash chandra a.i ..... is generally prospective unless there are clear words to the contrary or unless it is to be held retrospective by necessary implication.(2) a section or an act can be partly prospective and partly retrospective.(3) the question as to whether a particular statute is retrospective or prospective can ultimately be decided by looking to ..... difficulty in interpreting the two clauses of old sub-section (3) of section 12. the statement of objects and reasons accompanying the bill, which became maharashtra act no. xviii of 1987, has stated the following reason for the amendment of section 12(3):-'with regard to the proceedings for recovery of possession by landlord .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1988
Reported in : 1988(3)BomCR179; 1988MhLJ971
..... to enjoy these privileges, he is doing no wrong. assuming that the complainant shiv rajiv are entitled to share in the privileges, the deprivation cannot be ascribed to a criminal act, but to the assertion of a right said to vest in accused by virtue of the articles of association and the law.7. the alleged evasive and cryptic replies given ..... the complainant in that it belies the assertion in the complaint that the very intrusion of the name of the accused in the shares was the result of a criminal act committed by him. in relation to the inclusion and deletion of the names of rajiv and shiv, the very inclusion was irregular. it was done on a direction of ..... the constant refrain about the very insertion of the names of the accused and vijay during the lifetime of inder as being something done after his death or as an act fraudulent. if three separate dividend warrants were being issued, the obvious inference is that the accused and vijay had a share of 30% each in the shares of the two .....
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