Court : Mumbai Aurangabad
Decided on : Jan-13-2015
..... 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
Decided on : Aug-10-2015
..... and senior vice president. the appellate tribunal exercises and discharges powers through benches constituted by the president of the appellate tribunal as per section 255 of the act. section 255 reads as under: "255. (1) the powers and functions of the appellate tribunal may be exercised and discharged by benches constituted by the ..... for the case at hand i.e. the nature of the power exercised by the president to constitute a special bench. the apex court, after considering the provisions of the act and the regulations, proceeded to hold as under: " . . . . . . . . . . . . as we have already noted above special benches can be constituted by the president ..... the words 'widespread ramifications' were in the context of 'political sensitivity'. 'political sensitivity' was introduced by the vice president, a concept alien to the income tax act, this aspect we have dealt with in the subsequent paragraph. thus, we do not find that the opinion of the regular bench was a sufficient basis for .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-13-2015
..... the impugned order (exhibit-a) was passed were either not accredited by nbal or notified under section 43 of the food safety and standards act, 2006 ( the act ?) and even if some food laboratories were accredited, they did not have accreditation for the purpose of testing lead in the product. (iii ..... as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility; (e) sanction prosecution for offences punishable with imprisonment under this act; (f) such other functions as the state government may, in consultation with the food authority, prescribe. (3) the commissioner of food safety may, by ..... people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-23-2015
..... magnier filed an indian patent application for registration of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. on 13th december 1996, magnier licensed this patent, then yet under process, to sergi (france). on 14th december 2002, magnier obtained patent no.189089 ..... and persuasive expert opinion (strix ltd v maharaja appliances ltd., mipr 2010 (1) 0181 (del), per s. muralidhar j.).section 3 of the patents act tells us what are not inventions, and among the various categories listed is this: section 3 ” what are not inventions the following are not inventions within ..... magnier filed an indian patent application for registration of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. this was then licensed to sergi. 7.2 on 14th december 2002, sergi obtained patent no.189089 in respect of this application. (vol. a, .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-30-2015
..... airlines at different airports in the country. the ground-handling service is subject to security clearance from the central government. section 5 of the aircraft act, 1934 empowers the government to make rules providing for licensing, inspection and regulation of aerodromes and, thus, the aircraft rules, 1937 have been framed ..... corrective measures in the interest of security, sovereignty and integrity of india, public order, decency, morality etc. then, there is an amendment vide act 2 of 2003 and that took care of several aspects, particularly the interest of the subscribers. the subscribers also should not access such networks and ..... alleged that the government decided to introduce digital addressable system (das) in place of conditional access system (cas). that is how the cable television networks (regulation) act, 1995, underwent sweeping changes. vide notification dated 28th april, 2012, the cable television networks rules, 1994 were also amended and it was made mandatory for .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-30-2015
..... official. they deal with printing or engraving matter known to be defamatory or sale of printed or engraved substance containing defamatory matter. thus, this is an act coming under the purview of defamation, for which punishment is prescribed. none of the family members of the victim or anybody on her behalf has alleged ..... of public, the petitioner had on numerous occasions, invited the wrath and anger of police officials, particularly of kharghar police station. whenever their misdeeds and illegal acts were exposed by the petitioner, these police officials ganged up against him. they were framing him in false cases only to teach him a lesson. in these ..... a little easily. however, the complainant states that he was apprehending further false complaints and harassment and that is how the offences punishable under the scst act have been committed. the complainant also alleges obstruction or interference in public duty of the complainant, who is a public servant. it is further alleged that .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-10-2015
..... that result subsequently. in consequence of the person having died, the gravity of the offence became presumptively increased; but the evidence to prove the act with which the accused was charged remained precisely the same. we therefore think that this evidence was properly admitted under section 33. ? effect of ravindra patil ..... the questions at issue are substantially the same, depends upon whether the same evidence is applicable, although different consequences may follow from the same act. now, here the act was the stroke of a sword which, though it did not immediately cause the death of the deceased person, yet conducted to bring about ..... for cross-examination before the sessions court. his evidence recorded before the metropolitan magistrate was accepted as a substantive evidence under section 33 of the evidence act. 28. in order to appreciate the broad submissions on behalf of the defence, the effect of the prosecution evidence is required to be summarized. broadly .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-23-2015
..... of india is fallacious inasmuch as it overlooks section 15 of the foreign trade (development and regulation) act, 1992. that act by section 15 provides for an appeal and mr. dada would submit that there is an appeal ..... from time to time shall remain unchanged. 5. the directions contained in this circular have been issued under section 10(4) and section 11(1) of the foreign exchange management act (fema), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law. yours faithfully, (rashmi fauzdar) chief general manager - - - - - - - - - - - - - - - - - - ..... from time to time shall remain unchanged. 5. the directions contained in this circular have been issued under section 10(4) and section 11(1) of the foreign exchange management act (fema), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law. yours faithfully, (c d srinivasan) chief general manager - - - - - - - - - - - - - - - - - .....
Tag this Judgment!