Skip to content


Judgment Search Results Home > Cases Phrase: dehra dun act 1871 Court: mumbai Page 21 of about 28,972 results (0.345 seconds)

Jul 08 2015 (HC)

Subhash Dadabhau Kale Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... reiteration of the dictum laid down by various judicial pronouncements that while enacting section 304b of the indian penal code, legislature also enacted section 113b of the indian evidence act for drawing of presumption about causing dowry death. but, for drawing such presumption, it has to be shown that soon before ? the death of woman, she ..... to bring it within the purview of death occuring otherwise than in normal circumstances ?. the expression soon before ? is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence, there was cruelty or harassment and only in that ..... any demand for dowry, the court shall presume that such person had caused the dowry death ?. 13. the plain reading of section 113b of the indian evidence act shows that there must be material to show that soon before the death of woman, such woman was subjected to cruelty or harassment for or in connection with .....

Tag this Judgment!

Oct 23 2015 (HC)

Baliram Vs. The State of Maharashtra and Others

Court : Mumbai Aurangabad

..... and shifting of burden of proof, the supreme court stated thus in paragraph no.16 as under: 16. as is already noted above, section 113b of the evidence act and section 304b of the ipc were introduced into their respective statutes simultaneously and, therefore, it must ordinarily be assumed that parliament intentionally used the word 'deemed' in ..... section 106 of the indian evidence act, but none of the accused entered the witness box and the defence witnesses were examined on the point which did not rebut the evidence regarding continuous ill-treatment ..... defence. at any rate, the prosecution having once shifted the burden to the defence, particularly in the light of presumption u/s 113b of the indian evidence act read with section 304b of the indian penal code, the defence was equally under obligation to prove their defence in accordance with law, also in the light of .....

Tag this Judgment!

Mar 17 2009 (HC)

Sahakar Agencies Pvt. Ltd. a Company Incorporated Under the Provisions ...

Court : Mumbai

Reported in : 2009(4)BomCR757; 2009(111)BomLR1547

..... respondent corporation is not in the public interest. secondly, it equally defeats the concept of reasonableness and proper application of mind. the corporation has acted contrary to law and the circumstances appearing from the record produced before us show a definite tilt in the mind of the corporation favourable to private ..... essence, is liberalisation of trade. today india has dismantled licence raj. the economic reforms introduced after 1992 have brought in the concept of 'globalisation'. decisions or acts which result in unequal and discriminatory treatment, would violate the doctrine of 'level playing field' embodied in article 19(1)(g). time has come, therefore, to ..... collection, it was not possible after tenders had been invited to hold that octroi collection cannot be considered for the purpose of experience. the respondents acted illegally in treating the petitioners bid as non responsive. it is not disputed that if the octroi experience is considered then the petitioner has the .....

Tag this Judgment!

Jul 09 2009 (HC)

Dena Bank, Constituted Under the Banking Companies (Acquisition and Tr ...

Court : Mumbai

Reported in : 2009(6)BomCR182

..... proves that the no reference is not maintainable as averredin written statement, para 2(a) & (b)?3. whether the management complied with nothe provisions of section 25f of theindustrial disputes act?4. whether the management is justified noin refusing to treat shaikh as apermanent employee of the bankw.e.f. 08.09.86?5. whether the action of the management no ..... (b-ii) dated 10th may 2001 in exercise of powers conferred by clause (d) of sub-section (1) and sub-section (2)(a) of section 10 of the industrial disputes act, 1947 referred the dispute to the central government industrial tribunal. the reference reads thus: whether the action of the management of dena bank mumbai by terminating shri ashraf yunus shaikh .....

Tag this Judgment!

Aug 16 2007 (HC)

Subhash R. Acharya Vs. State of Maharashtra, Through the Dairy Commiss ...

Court : Mumbai

Reported in : 2007(6)ALLMR683; 2007(6)BomCR100; (2007)109BOMLR1847

..... office though he gets constitutional status and performs his functions under the constitution, law or executive policy. he is not only responsible for his own act but even of the persons working under him. public accountability takes within its ambit decisions of the authorities in accordance with rules, policies and use ..... in exercise of statutory powers, public accountability and transparency are also applicable to the various proceedings under the law of acquisition. various provisions of the act could be referred to demonstrate that the exercise of powers emanating from statutory provisions is coupled with public obligation, to protect the rights of the ..... government pleader, while relying upon the maharashtra government rules of business and instructions issued thereunder, contended that every minister of the government is obliged to act in accordance with the rules and established procedure for running the administration. in terms of rule 10.1, the minister in charge of a department .....

Tag this Judgment!

Dec 24 2004 (HC)

The Tata Power Company Limited, a Company Incorporated Under the India ...

Court : Mumbai

Reported in : 2005(3)BomCR867

..... and tpc to pay rs.22 crores to mseb.7. the government of maharashtra constituted a committee under the provisions of the electricity regulatory commissions act, 1998 ('the act', for short) to resolve such disputes.8. it may be pertinent to mention that the government passed an order on 22nd march, 2000, by ..... and supply are conducted on commercial principles;(g) national power plans formulated by the central government;(3) the state commission, while determining the tariff under this act, shall not show undue preference to any consumer of electricity, but may differentiate according to the consumer's load factor, power factor, total consumption of ..... bodies.47.it may be pertinent to mention that the electricity supply industry in india is presently governed by three acts, viz., the indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commissions act, 1998. the electricity bill, which now has been passed by both the houses of parliament and received the .....

Tag this Judgment!

Dec 09 2004 (HC)

Canara Bank Staff Union Registered Under the Trade Unions Act, 1926 an ...

Court : Mumbai

Reported in : (2005)IILLJ1000Bom

..... respondent management is accepted that the judgments including in kays construction company v. state of uttar pradesh where before the amendment to section 33(c)(2) of the act nevertheless the position of law, even after the amendment remains the same and has been reiterated in the judgment of the apex court in fabril gasosa v. labour ..... bank their learned counsel contends that the learned authority was right in holding that the application was not maintainable under section 33(c)(1) of the industrial dispute act and also in holding that no case had been made out for condoning the delay in moving the application. it is pointed out that there are several ..... those established facts, so as to determine the amount payable to the workmen, specially of the admitted facts which are relevant under section 33(c)(1) of the act. the learned judge also held that respondent bank had disputed the calculations submitted on behalf of the petitioners. according to the petitioners, the respondent no. 1 was .....

Tag this Judgment!

Nov 02 2007 (HC)

Dr. Nayna D/O Dnyanoba Pawar (Patil) Vs. Dr. Vimal W/O Nandkishor Mund ...

Court : Mumbai

Reported in : 2008(1)BomCR256; 2008(3)MhLj156

..... (general conditions of services) rules, 1981, which would require acceptance of the resignation by the competent authority, the resignation ought to be treated as unilateral act in view of the conditions enumerated in the appointment letter (exh-a). he would submit that the clarificatory government resolution dated 2-12-1997 and procedure ..... 25. in 'reserve bank of india v. cecil dennis solomon' air 2004 scw 1402 the apex court categorically observed that resignation and voluntary retirement involve voluntary acts on the part of the employee to leave service. the apex court held:though resignation is a bilateral concept, and becomes effective on acceptance by the ..... of resignation. a responsible class-ii officer, particularly a medical officer like the petitioner can not walk away from the office on account of unilateral act of tendering the resignation. the resignation must be accepted by the competent authority before the notional relation of the employee with the office is deemed as .....

Tag this Judgment!

Oct 16 2009 (HC)

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

..... .. rs. 100/-less100% deduction under section 80ia.. .. rs. 100/---------taxable income.. .. nil======as per the aogross business profit.. .. .. .. rs. 100/-lessdepreciation allowable under the act.. .. rs. 80/-gross total income.. .. rs. 20/-less100% deduction under section 80ia.. .. rs. 20/- taxable income.. .. nil======thus, as per the above illustration, where ..... 1) ******(2) ******(3) ******(4) ******(5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction under this chapter.'c. - deductions in respect of certain incomes....deductions in respect of profits and gains from industrial undertakings ..... tax .. .. .. .. nil ============ reassessment order by the a.o.gross total income as per return of income .. rs. 100/-less current depreciation under section32 of the act .. .. .. .. rs. 80/--------------total income .. .. .. .. rs. 20/-less set off of carried forward loss of ay 1996-97 (-) rs. 40/gross total .....

Tag this Judgment!

Nov 01 2007 (HC)

The State of Maharashtra Through Manikpur Police Station Vs. Dilip Pre ...

Court : Mumbai

Reported in : (2007)109BOMLR2453

..... murdered and the child was killed, these accused i.e.accused nos.1 and 2 must be held to share the common intention in doing this entire act i.e. robbery and murders of leticia and infant child mast.dylon lobo. therefore considering the mitigating and aggravating circumstances, we hold that there are absolutely ..... have received the benefit of life imprisonment or if the offence is only constructive, being under section 302 read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity ..... developed intimacy with each other and started meeting frequently to each other, and the deceased bachhu @ abhayraj who was residing near the house of tiwari family was acting as a messenger to exchange messages between the prabhu and sushma. after some days, when the accused dilip and his mother tulsidevi learnt about the love affairs between .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //