Court : Mumbai
Decided on : Aug-31-1983
Reported in : 1983(2)BomCR787
..... concur with his view and hold that the second complaint itself was not maintainable in view of the provisions of section 300 of the code of criminal procedure and it is, therefore, the order of conviction and sentence passed by the learned metropolitan magistrate and confirmed by the learned additional sessions judge deserves to be quashed.8. in the result, the rule is made ..... second complaint. however at the final hearing a point was raised before the learned magistrate that the second complaint was not maintainable in view of the provisions of section 300 of the code of criminal procedure. that contention was negatived by the learned magistrate and on appreciation of evidence the learned magistrate by his judgment and order dated september 30, 1978 was pleased to convict ..... of delay, however an oral application was made for condonation of delay, the learned judge rightly observed that there was no application for condonation of delay and no sufficient cause was shown. in this revision application the petitioner has filed an affidavit explaining the delay of 21 days in filing the appeal against the order of conviction and sentence. ..... the plea of limitation is available even at the final hearing of the appeal. the learned judge ought to have asked the appellant to make an application giving sufficient cause for condonation of delay. the lower court committed an error of law in holding that it had no jurisdiction to entertain an application for condonation of delay. the appellant .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-18-1983
Reported in : 1983(2)BomCR483; (1983)85BOMLR185
..... him. the present respondents nos. 1 to 3 had filed misc. application no. 30 of 1970 in the court of judicial magistrate, first class, nasik for maintenance against the petitioner under section 488 of the code of criminal procedure. after enquiry the learned magistrate awarded maintenance to respondent no. 1 at the rate of rs. 60/- per month and respondents nos. 2 and 3 at ..... the rate of rs. 35/- per month each respectively. this application was decided by the learned magistrate on 4th july, 1972. thereafter the present ..... passed the impugned order dated 15th may, 1982. according to me, the order passed by the learned magistrate, which was confirmed by the additional sessions judge in criminal revision application was illegal and in violation and contravention of the provisions of section 125(3) of criminal procedure code as interpreted by this court in two petitions mentioned above. in this view of the matter, it ..... respondents nos. 1 to 3 preferred misc. applications nos. 7 of 1972, 9 of 1973 and 17 of 1974 for recovery of maintenance amounts as per the order mentioned above and in all these cases .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-03-1983
Reported in : 1984(2)BomCR336
..... , she could not be awarded maintenance. the learned sessions judge, who heard the revision application, observed that the petitioner might, if he so pleased, file an application under section 127 of the code of criminal procedure in the trial court for getting the order in respect of maintenance of respondent no. 2, cancelled from the date she was married. in this view of the ..... and nandabai (respondents nos. 2 to 4). the respondent no. 1 for herself and for and on behalf of respondent nos. 2 to 4 filed an application under section 125 of the code of criminal procedure for maintenance on the ground that the petitioner had started-ill treating her after birth of respondent no. 4. she also averred that the petitioner had contracted second ..... 4 and therefore, he ordered the petitioner to pay maintenance as mentioned above.4. feeling aggrieved with the order of the learned m.j.f.c. the petitioner preferred a criminal revision application bearing no. 141 of 1981 before the learned sessions judge, ahmednagar. the learned sessions judge after hearing the parties dismissed the revision application with costs.5. in the ..... nos. 1 to 4 and in granting maintenance on that ground to respondents nos. 1 to 4, i think that it will not be proper for this court to go into evidence at this stage. the trial court who heard the evidence and accepted the evidence of respondents nos. 1 to 4 and reached the conclusion that the petitioner wilfully refused .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-22-1983
Reported in : 1983(2)BomCR217
..... oppress either of the parties and may cause harm and injustice to the parties. it is, therefore, found that in the interest of justice the petition should be remitted back to the learned trial magistrate by giving an opportunity to the wife to amend her petition in accordance with the provisions of section 125 of the code of criminal procedure, 1973. shri r.m. agarwal, learned counsel ..... .1. by this petition under article 227 of the constitution of india, the petitioner challenges the order passed by the judicial magistrate, first class, kopargaon, dated october 23, 1981 dismissing her application filed by her under section 125 of the code of criminal procedure, 1973, on the ground that she had not pleaded in the said petition that she is unable to maintain herself, which has ..... in fact will be entitled to make a separate application because the earlier application is dismissed on the ground that necessary averments have not been made as provided by section 125 of the code. instead of driving the petitioner to file a fresh application, it would be in the interest of justice to allow her to amend the present petition and remit ..... enable the petitioner to amend her petition. on such amendment being made, the respondent no. 1 may be given an opportunity to file a reply thereto, and thereafter the learned magistrate can hold a fresh inquiry and decide the case in accordance with law. .....
Tag this Judgment!Court : Mumbai
Decided on : May-03-1983
Reported in : 1983CriLJ1446
..... of the marathi weekly 'shree' stands forfeited as it contains certain matters which would be punishable under section 153a of the penal code, this notification is issued under section 95 of the code of criminal procedure and the concerned aggrieved party is entitled to apply to the high court for setting aside the said declaration ..... ensued. it is also material to note that in paragraph 8, the supreme court has observed as follows:-the court cannot make a roving inquiry beyond the grounds set forth in the order and if the grounds are altogether left out, what is the court to examine? the supreme ..... were hindu temples consisting of 300 deities (one of which was shiva deity) and that prophet, mohomed ?destroyed these temples and converted the temples into places of worship for muslims. the article then states that there was a shiva temple which was hidden by prophet mohomed in a wall. however, ..... necessary to consider the second contention that the grounds, if any, have no nexus with the forming -of opinion as contemplated by section 95 of the criminal p.c. 1973. in the result, i agree that the impugned notification is liable to be quashed and the copies forfeited should be returned to the ..... 1982. there are certain averments as to how the petitioners approached the metropolitan magistrate for getting those copies back on the ground that they were illegally seized by the police without any warrant and how ultimately they filed criminal writ petition no. 43c of 1982 in this court. but, all .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-15-1983
Reported in : 1984(2)BomCR433
..... impleaded so. in reply mr. jha submitted that a copy of the plaint filed by the appellant in the small causes court was produced in the proceedings under section 145 of the criminal procedure code and, therefore, the plaintiffs had the knowledge of the fact that such declaratory suit was filed by the appellants against ..... passed on 5-8-76. therefore, the decree in terms of mandatory and permanent injunction restraining the defendant and his servants and agents from entering into the suit premises coupled with such an undertaking by the defendant changes the nature of the decree and as submitted by mr. parikh such a decree ..... had thus become statutory tenant could grant licence to the appellant and had in fact granted such a licence in 1965 and he was protected under the 1973 amended bombay rent act. mr. jha brought to my notice a judgment of this court by a single judge (rege. j.) in (writ petition ..... jha. according to mr. jha, the decree could have been executed only under order 21, rule 42 of the code of civil procedure and not under order 21, rule 35 of the said code. thus mr. jha's contention is that the decree passed by the high court was not one for 'possession' ..... of the criminal procedure code which were decided in his favour on 7-11-1977 and restoration of the possession of the suit premises was granted to him. the plaintiffs felt aggrieved by the said judgment and order and, therefore, preferred criminal revision application no. 514 of 1977 in the court of session, bombay. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-09-1983
Reported in : 1985(2)BomCR693
..... are triable under warrant procedure clearly indicates that the accused can ask for discharge at any stage of the proceeding and need not wait till all ..... allegations that no criminal offence of cheating has been committed, it may not be proper to express any opinion since the learned magistrate is to deal with the matter. however, the said submission canvassed by shri bhat will have to be seriously considered by the learned trial magistrate and cannot be summarily rejected. 10. the scheme of the code of criminal procedure in cases which ..... the accounts, vouchers and bills the complainant was satisfied an amount of rs. 23,000/ and odd has been mis-appropriated and utilised for the personal gain by the petitioner causing wrongful loss to the complainant. 9. in the face of these features, it is difficult to direct quashing of the proceeding without giving an opportunity to the complainant to ..... alleged to have been committed. 5. as regards the charge under section 420 of the indian penal code, it is alleged that the accused made a false representation as stated earlier at the inception and thereby induced him to enter into the partnership business and to invest large amounts which ultimately were utilised by the accused for the benefit of his proprietory .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1983
Reported in : 1984(1)BomCR61
..... regard to the economic condition of neglected wives and discarded divorcees enacted in the code of criminal procedure, 1973, namely, section 125. the code of criminal procedure, 1973, will hereafter be referred to as 'the 1973 code'.2. it is common ground that the present petitioner, namely balaji kalbanade, and present respondent no. 1, namely, parubai, entered into a legal marriage sometime in the year 1960 and they put an end to ..... parties some time in 1956 and the husband divorced his wife-bai thira-around july 1962. some time later on, the divorced wife filed an application before the magistrate under section 125 of the 1973 code for a monthly allowance for the maintenance of herself and her child alleging that she was entitled to maintenance being a divorced wife and she had not remarried ..... for divorce from his wife, she may not be in a position to resist the same either for lack of economic strength or on account of social factor or other causes. if she agrees to the demand made by the husband and joins a deed of divorce, she is a divorcee by mutual consent. it cannot be said that the legislature ..... v. sukumar anna patil and another 1981 mh.l.j. 82. in nakula sahu's case cited supra, the supreme court considered the provisions contained in section 439 read with section 435 of the code of criminal procedure, 1898, and observed that where neither the trial court nor the sessions judge committed any error of fact or law in arriving at their conclusions and the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-1983
Reported in : 1983(2)BomCR129
..... order1. by this writ petition under art. 227 of the constitution of india and s. 482 of the code of criminal procedure, 1973, the petitioner has challenged the order passed by the additional chief metropolitan magistrate, 19th court, esplanade, bombay, dated may 14, 1982, issuing process against the petitioner.2. the jurisdiction of ..... or take cognizance of the offence.5. it is urged by shri vakil that the reliance upon the provisions of s. 179 of the criminal p.c. 1973, by the complainant is not well founded because the offence, if any, is completed at the press conference itself and no consequence has ..... of the books containing the alleged defamatory attacks against the petitioner took place at places outside the jurisdiction of the court of the magistrate, the magistrate has no jurisdiction to try the complaint unless the complainant shows that the printing and publishing was part of an organised conspiracy, with ..... ahmad abdul halim with the offence of cheating under s. 420 of the indian penal code. the learned magistrate who dealt with the case directed the local police to make an inquiry under s. 202 of the criminal p.c. 1898, and after perusing the police report issued a warrant for the ..... code. the words 'intended to be read' in the section obviously mean that the word written or got them written with a view to be read by others would fall within, the mischief of that section.7a. further, there are two important words in the said section which are required to be taken into .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1983
Reported in : 1983(2)BomCR45
..... law directing a person to produce documents in a court. section 91 of the code of criminal procedure, 1973, empowers a magistrate to issue a summons to produce a document to a witness if the magistrate considers the production of such document necessary or desirable for the purpose of any inquiry or trial under the code. when an application is made by the complaint requesting the ..... courts to get produced certain document from the custody of a person, the magistrate ..... of justice to set aside the judgment and order and grant rehearing afresh of the appeal, then certainly the high court possesses such power under section 561-a of the criminal procedure code (corresponding to section 482 of the new code).' (bracketed portion supplied). shri gumaste also relied upon three judgment of the supreme court, namely, (1) kharak singh v. state of u ..... of the said society, and one c.p. wagh, opponent no. 2 in both criminal application was the honorary general secretary of the said society. on november 24, 1980 nanavati filed a complaint against wagh under section 323 of the indian penal code in the metropolitan magistrate's court, 14th court, girgaum, bombay, which is numbered as case no. 140 / .....
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