Court : Mumbai Nagpur
..... ex. 161, they had recovered 30 notes of rs.100/- denomination each from one bhaitala. the sessions court has not accepted this seizure as statement under section 27 of the evidence act was not found to be properly recorded. whether this evidence is admissible in departmental enquiry or not is a different question. if it is admissible, then these ..... to the sessions court at nagpur. the learned ad-hoc additional sessions judge, nagpur, who heard and decided sessions trial no.365 of 2000 for the offences punishable under section 489-a, 489-b 489-c of the indian penal code had, by judgment and order dated 10.05.2007, acquitted the petitioner. it is, therefore, submitted that ..... had placed the petitioner under suspension with effect from 17.1.1998 on the ground that the petitioner was arrayed as an accused in the complaint proceedings lodged under section 489-c of the indian penal code. the suspension order was received by the petitioner on 28.1.1998. the petitioner had made representation on 9.9. .....
Tag this Judgment!Court : Mumbai Nagpur
..... after accepting the position that the petitioner society is not a "public authority" has taken into consideration the definition of "information" as provided for in section 2(f) of the said act. it would be material to reproduce the said definition : "information" means any material in any form, including records, documents, memos, e-mails, ..... can be stated thus : the petitioner is a cooperative society registered under the maharashtra cooperative societies act, 1960 and is classified as a producers (labours) society under the provisions of section 12(1) of the said act and rule 10(1) of the maharashtra cooperative societies rules, 1961. the principal object of the ..... holding that though the petitioner is not a "public authority" within the meaning of the said act, the information is directed to be provided by the assistant registrar in terms of section 2(f) of the said act. the petitioner thereafter filed a review application, inter alia, seeking clarification of the said order. the .....
Tag this Judgment!Court : Mumbai Nagpur
..... officer concerned. 48. the universal doctrine that the matters of personal knowledge ought to be proved by the person concerned which is incorporated in section 106 of the evidence act, is a mandatory rule of evidence. its rigours are far sterner when it is applied in case of a liability of state in matters ..... and remand to police custody was sought by the police officers in different offences registered in 2002 at different police stations, namely:- ------------------------------------------------------ sr. date of crime no. police sections no. arrest. station ------------------------------------------------------ 1. 15-7-03 95/02 parshioni 457 & 380 ipc. 2. 16-7-03 248/02 kamptee 457, 380, ipc. 3. ..... of constitutional tort like the present one. rule in its operation, emerging from section 106, is not having a sober and softer presentation like in .....
Tag this Judgment!Court : Mumbai Nagpur
..... this view of the matter, appeal against an order of acquittal, passed in the case instituted by the appellant, for the offence punishable under section 138 of the negotiable instruments act would lie to this court. i, therefore, do not find any force in the preliminary objection, raised by the learned counsel for the ..... the court where ordinarily the appeal lies against the order of conviction of such court. admittedly, appeals against the order of conviction, recorded under section 138 of the negotiable installments act, are filed before the court of sessions. therefore, an appeal against the order of acquittal should also lie before the court of sessions, he ..... the respondents, raised a preliminary objection about the maintainability of the appeal before this court. according to him proviso to section 372, inserted by the code of criminal procedure amendment act, 2008 (for short act of 2008), which came into force with effect from 31st of december 2009, the forum for appeal would be the .....
Tag this Judgment!Court : Mumbai Nagpur
..... denied that he stood guarantor for borrowers/ defendants no. 1 to 3. both these witnesses have maintained their denial in the cross-examination.7. explanation to section 47 of the evidence act reads that a person is said to be acquainted with the handwriting of another person when he has seen that person write or when he has received ..... counsel for the plaintiff-bank has relied on girija prasad v. sardar labh singh reported in air 1977 patna 241 wherein it is observed with reference to section 47 of the evidence act that the creditor who himself had seen the debtor writing the disputed signatures on the credit memos was held a person who was acquainted with the hand- ..... the genuineness of the signature, it is but proper for the court to get the opinion of the expert. however, i am of the view that section 73 of the evidence act enables the court to compare the disputed signature with the other admitted or proved signatures. no doubt, the court can also direct the concerned person in court .....
Tag this Judgment!Court : Mumbai Nagpur
..... (if at all it is one for which also there is no material on record) and any of the alleged acts on the part of the appellant. there is no proximity either. in the prosecution under section 306, ipc, much more material is required. the courts have to be extremely careful as the main person is not ..... kale. according to learned counsel for the petitioners, no any material appeared in the charge-sheet to constitute the ingredients of the offences punishable under section 384 and section 306 of the indian penal code. no any willful act or omission can be attributed to the petitioners to impute criminal liability for any aid or intention to instigate an ..... other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, or the person should have intentionally aided any act or illegal omission. the explanation to section 107 says that any willful misrepresentation or willful concealment of a material fact which he is .....
Tag this Judgment!Court : Mumbai Nagpur
..... xxxiv of the bombay high court appellate side rules to constitute the appropriate division bench, as required by section 18 of the contempt of courts act, to take cognizance of the act of contempt of court by treating this order itself as a petition for contempt of court, in accordance ..... examine legality, propriety and illegality of the order and the conduct of the parties in obtaining order including office objections." "5. suitable action under section 195 read with 340 of criminal procedure code be proceeded against the concerned parties and concerned advocates therein including government pleaders." "6. initiate suo motu criminal ..... are given as under : case no./crime no.criminal application no.1323/2010criminal application no.1916/2010criminal application no.1915/2010criminal application no.1884/2010criminal application no.1951/2010criminal application no.1952/2010criminal application no.1950/2010criminal writ petition no.294/2011criminal writ petition no.441/2010criminal writ .....
Tag this Judgment!Court : Mumbai Nagpur
..... efforts were made to protect guilty police officers. petitioner no.2 learnt that fir was registered against biju for the offence punishable under sections 307, 353, 143 of ipc along with arms act at kasansur sub-police station where the petitioners had gone to lodge missing report on 16.06.2014. the officer in-charge of ..... panchnama. 14. to explain three injuries on the deceased caused by 9 mm pistol, he has invited our attention to fir pointing out type of weapons and explosives used by the police machinery and also to post mortem report. he further submits that for every bullet wound, there has to be a dirt collar. post ..... videography was never disclosed to the petitioners. 22. he has further stated that witnesses to alleged ambush or encounter whose statements were recorded by the police under section 161 of criminal procedure code, have filed affidavits contradicting their earlier statements before this court. report of sdpo also relies upon these statements and hence, said report is also .....
Tag this Judgment!Court : Mumbai Nagpur
..... motor vehicles and bodies or tankers built or meant for mounting on chassis of motor vehicles. (emphasis supplied). the motor vehicle as defined under motor vehicles act, 1988 under section 2(28) reads thus:- motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from ..... motor lorries and chassis of motor vehicles and bodies or tankers built or meant for mounting on chassis of motor vehicles. conjoint reading of section 2(1)(i) and section 3(1) of the act makes it abundantly clear that the purchase value of motor vehicle means not of the value of only the chassis but of the entire ..... of seeking exemption on the ground that the chassis would be meaningless unless body is attached to it. by considering the provisions of section 3 of the andhra pradesh motor vehicles taxation act, the apex court also refers to the meaning of word use in the oxford dictionary and observed thus:- to make use of as .....
Tag this Judgment!Court : Mumbai Nagpur
..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... packing goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first .....
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