Court : Mumbai Aurangabad
..... the delay caused by the petitioners can be said to be responsible for the destruction of evidence or record by the respondent after a period of about 5 to 10 years. 25. ..... shri deshmukh, however, submits that these reference cases could be referred back to the labour court for a fresh consideration and also with a direction to the respondent/ msrtc to produce the documents which the petitioners had sought production of so as to enable the petitioners to establish their continuous employment with the respondent/ msrtc. 12. ..... shri deshmukh has strenuously canvassed that failure on the part of the respondent/ msrtc to produce the documents for the period 1988 to 1992 as were demanded by the petitioners, should lead to an adverse inference being drawn against the respondent/ msrtc. ..... i have my own doubts looking at the facts of these cases as to whether, the respondent/ msrtc could have preserved any document as regards the payments made to these petitioners by counting the number of buses washed on each day. ..... all these three petitioners issued demand notices under section 2a of the industrial disputes act, 1947 on 31.05.2010 claiming reinstatement with continuity and full backwages. ..... it should have considered that the respondent/ corporation had not produced the record which was demanded by the petitioners and therefore, an adverse inference should have been drawn in these circumstances. 9. ..... some documents that they had in their custody were produced. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , or(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the state government or an officer mentioned in sub-section (2) of section 3 making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;"section 5a(b) speaks as under:" the state government or such officer making the order of detention shall be deemed to have made the order of detention under the ..... , we are not sitting in appeal over the orders of the district magistrate, to scan genuineness or correctness therein, however, since the matter is elaborately argued, we had, threadbare, perused the documents and reached to conclusion that at no stage, the documents were deliberately withheld from the purview of the detenu or that his relations were not informed. ..... (e) section 8 of the mpda act, 1981, ordains the detaining authority to have communicated the detenue the grounds of detention which includes documents/material relied upon by the detaining authority within a period of ..... has visited university with his hoodlums, cronies formed unlawful assembly, and caused destruction to the property of university, created terror and commotion. ..... (b) at the jail, the jailer / the superintendent of jail, shall keep up-to-date record of health condition of the detenu through the medical officers and experts in the field who may be invited at ..... the grounds of detention are certainly proximate to the alleged prejudicial .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with the provisions of this act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a central public information officer or state public information officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority ..... trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. ..... he submitted that in the judgment under review, this court has saved the provisions of section 12(5) and 15(5) of the act by reading down the said provisions. 20. mr. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that the present case is however, not solely based on their evidence and certain circumstances have been brought on record to show that the statements given by these witnesses before the special judicial ..... the judgment with reference to discovery of motorcycle from accused no.4 prasad, trial court reproduced contents from memorandum exhibit 101 and allowed itself to be overawed by them forgetting that under section 27 of the indian evidence act only "so much of such information, whether, it amounts to a confession or not, as relates to the fact thereby discovered, may be proved". ..... court wrongly referred to contents from the panchnamas and memorandums under section 27 and statements under section 164 of the indian evidence act, as if the same was valid evidence and wrongly convicted the ..... memorandum of discovery of motorcycle by accused no.4 prasad, instead of excluding the inadmissible portions before exhibiting the document or ignoring them, the court was reproducing portions as to who fired bullets and who threw bodies in ..... section 157 of the evidence act makes it clear that a statement recorded under section ..... here brief reference is being made to the witnesses examined by the prosecution, who were examined to prove certain facts but have not supported the prosecution:- (a) pw-2 complainant sampat did not support prosecution regarding quarrel in the prior incident ..... above discussion, there is hardly or no evidence regarding the actual incident of assault or destruction of evidence. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... this connection learned counsel for appellant vehemently contended that in the present case young age of accused, possibility of reformation, no previous criminal record are the mitigating circumstances to avoid capital punishment and since there is no material on record to show that crime test, criminal test and r-r test have been complied, there is no question of application of rarest of rare ..... that test, the court has to look into variety of factors like society s abhorrence, extreme indignation and antipathy to certain types of crimes like sexual assault and murder of minor girls intellectually challenged, suffering form physical disability, old and infirm ..... circumstances of the case, arguments advanced by the learned advocates for the parties, judgment and order delivered by the learned additional sessions judge and the evidence on record, for the reasons stated below we are of the opinion that appellant / accused has committed offences punishable under sections 302, 376, 377 and 363 of the indian penal code. 8. ..... in this connection, it is necessary here to refer the relevant paragraph from the judgment in bachan singh's case (supra) : as we read sections 354(3) and 235(2) and other related provisions of the code of 1973, it is quite clear to us that for making the choice of punishment or for ..... individual trust but destruction and devastation of social ..... 'ble supreme court held that circumstances proved establish the depraved acts of the accused and they call for only one sentence .....
Tag this Judgment!Court : Mumbai Aurangabad
..... case, it is not at all proved that mr.v.l.kale, is the author of the said label as it would be clear that even as per the pleadings of the plaintiff and the evidence on record the contract for service was allegedly entered on 18.5.1986 and prior to the said date the label was already in the market. ..... section 48 of the copy right act lays down that the register of copy right shall be prima facie evidence of the particulars entered therein and the documents purporting to be copies of any entries therein, or extracts therefrom certified by the registrar of copyrights and sealed with the seal of the copyright office shall be admissible in evidence in all courts without further proof or production ..... counsel further submits that if the pleadings and the evidence of witnesses are considered along with the provisions of section 2(d)(iii) and section 17 of the copy right act, then it is clear that the plaintiff has failed to prove its case. ..... however, no formal document was executed between the concerned parties recording the said fact the assignors have agreed to execute the said assignment in favour of the assignee and even the said ..... prayed for damages to the tune of rs.1,00,000/- (rupees one lac) each against the defendants nos.1 and 2, so also sought mandatory injunction directing the defendants to deliver to the plaintiff for destruction the infringed labels. ..... clearly states that the new labels for the country liquor business of the plaintiff are approved subject to certain conditions. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 63 of the evidence act defines secondary evidence which means and includes:- "1) certified copies given under the provisions hereinafter contained; 2) copies made from the original by mechanical process which in themselves ensure the accuracy of the copy, and copies compared with such copy; 3) copies made from or compared with the original; 4) counterparts of documents as against the parties who did not execute them; 5) oral accounts of the contents of a document given by some person who ..... it is contended that since the evidence being produced is in the nature of secondary evidence, unless requirement in respect of production of secondary evidence is met, it would not be open for the plaintiff to produce the document on record and same cannot be exhibited. ..... the plaintiff has also failed to prove the loss or destruction of the original nor he has contended that the original is in possession of his adversary. ..... in the instant matter, it is observed that plaintiff has not made out a case for placing on record secondary evidence in the form of photostat copy of consent deed. ..... in the instant case, there is no material placed on record to arrive at a conclusion that the copy sought to be produced on record is compared with the original and that the contents thereof are also proved. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... inquiry or trial in any criminal court is concluded, the court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the ..... in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or to act to a term which may extend to one year but shall not, except for reasons to be recorded in writing, be less than one month and shall also be liable to fine which may extend to five thousand rupees. ..... when the case is filed under section 124 of the maharashtra police act and the record shows that property is notified goods of foreign origin, was covered under the provisions of the customs act, the magistrate is expected to ascertain as to whether the property needs to be dealt with under the provisions of the customs act. ..... in view various duties and curbs imposed by the central government to curtail import of gold and save economy of the country, price of the gold in the country is still much higher than the ..... section 102 of the code of criminal procedure (hereinafter referred to as "the code') deals with power of police officer to seize certain property ..... show that it was certain as to when devang .....
Tag this Judgment!Court : Mumbai Aurangabad
..... even after the dissolution of the marriage, proceeding can be filed, the scheme of the domestic violence act needs to be seen and particularly definitions of "domestic relationship" given in section 2(f) and "shared household" given in section 2(s) of the act needs to be considered. ..... (c) the loss caused due to the destruction, damage or removal of any property from the control ..... has no hesitation to hold that section 20(1)(c) of the domestic violence act can be used in a case ..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles ..... that provisions of section 12, 16, 20 and 22 of domestic violence act were not available ..... this mention in the compromise document dated 26th may, 2008 cannot lead to the inference that all the ornaments were with her right from beginning, and particularly ornaments given as jahez articles ..... - (1) while disposing of an application under sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a ..... record to this court and some argument was advanced on the basis of provisions of the domestic violence act. ..... the basis of the record of compromise. 4. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... governing the employees of the establishment), layoff, strike or a lockout or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this act; (2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to ..... worked under an employer shall include the days on which (i) he has been laid-off under an agreement or as permitted by standing order made under the industrial employment (standing orders) act, 1946, (20 of 1946), or under the industrial disputes act, 1947, (14 of 1947), or under any other law applicable to the establishment; (ii) he has been on leave with wages, earned in the previous year; (iii) he has ..... employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extend of the damage or loss so caused; (b) the gratuity payable to an employee [may be wholly or partially forfeited] (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the ..... - for the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was ..... have been recorded hereinabove. .....
Tag this Judgment!