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
..... 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
..... (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
..... 'shared household' was considered by the apex court. it is observed by the apex court that " the definition of the term 'shared household' in section 2 (5) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which ..... the court has ignored settled principles of law regulating grant or refusal of interim relief. " 8. it appears that the orders passed under sub-section (1) or (2) of section 23 of the act are appealable. however, it is observed that the appellate court will usually not interfere with exercise of discretion by the learned magistrate. the appellate ..... can be summarized are as under : ( i ) an appeal will lie under section 29 of the said act against the final order passed by the learned magistrate under sub-section (1) of section 12 of the said act; (ii) under sub-section (2) of section 23 of the said act, the learned magistrate is empowered to grant an ex-parte ad-interim relief in .....
Tag this Judgment!Court : Mumbai Nagpur
..... is an utter failure in duty. the leakages cannot be in any manner be regarded as matters beyond cognizance by prudent human abilities. thus leakages are not accountable to act beyond human control or due to vismajore. 35. the discussion herein before thus propels a conclusion that the municipal council had failed in performance of its duty of ..... by the respondent no.2 was called by letter dated 26-2-2003 in response to the said news flashed in the newspaper on 25-2-2003. all these acts have commenced only after the alarm was caused. 30. it is thus, seen that the municipal council was spending on purification and sterilization of water, however it has ..... the compensation by claiming immunity and exemption. any such immunity may be an implied a fall out of any natural phenomena such as act of nature, act of god and emergency beyond human abilities, all distinguishable from act of negligence. no such immunity based on facts or in law is made out by the respondent no.2 41. consequently, we .....
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
..... left to the choice of the aggrieved person to approach the magistrate with an application under section 12 of the act. therefore, one cannot say the magistrate must wait for notification for appointment of the protection officer for the area or registration of service provider before ..... is left to the choice of the aggrieved person to go before the service provider or the protection officer or to approach to the magistrate under section 12 of the act." under these circumstances, it appears that an aggrieved person is not necessarily required to approach the service provider or the protection officer. it is ..... or registered service provider, it may not be possible for magistrate to receive domestic incident report before disposing of application made by the aggrieved person under section 12 of the act. this question was dealt with by karnataka high court in the ruling of narayankumar v. state of karnataka & anr reported in 2010 all mr ( .....
Tag this Judgment!Court : Mumbai Nagpur
..... which tax is levied. use of capital value as measure, therefore, does not constitute that tax as tax on capital value of assets. 12. section 124 (1) read with section 176 of the 1958 act permit the state government to make rules. accordingly, rules have been made in the year 1960. rules 3 and 4 of the 1960 rules prescribe ..... action of respondents no. 1 and 2 is unconstitutional and bad in law, is equally misconceived. 1960 rules are the rules framed by the state governments under section 176 of the 1958 act and that provision is enacted by the state government. the gram panchayats have only to implement the law as framed by the state government. 9. a perusal ..... by importing word "rate" as is understood in its technical sense by the constitution bench has to fail. the words "minimum and maximum rate" used in section 124 (1) of the 1958 act does not employ the said word with its technical meaning as explained by honourable apex court in its judgment. 11. list ii in seventh schedule of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the terms of the bank guarantees. the contention cannot be accepted. the respondent no.1 is the principal debtor within the meaning of section 126 of the contract act. it is at his instance that the conditional bank guarantees have been furnished by the respondent no.2 bank in favour of the appellant creditor ..... 1 cannot be assessed and claimed. hence, it is a 'contingent contract' as defined under section 31 of the contract act and it becomes enforceable only upon happening of the event specified therein, as per section 32 of the contract act. 23) the question is whether, in fact there is such compliance of the conditions stipulated ..... . 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal debtor' and 'creditor'- "a 'contract of guarantee .....
Tag this Judgment!Court : Mumbai Nagpur
..... -market committee is to regulate marketing of agricultural and certain other produce in market areas to be established for that purpose. sub-section (2) of section 29 of the apmc act deals with the functions of the market committee and the relevant of it, are reproduced below : "(2) without prejudice to the ..... markets including private markets and farmer-consumer markets to be established therefor in the state of maharashtra. "agricultural produce" is defined under section 2(1)(a) of the apmc act to mean all produce (whether processed or not) of agriculture, horticulture, animal husbandry, apiculture, pisciculture, fisheries and forest specified in the ..... submits that the establishment of the petitioner-market committee cannot be termed as the "other establishment", as stipulated in clause (f) of section 2(ii) of the payment of wages act, as the activities of production, adaptation or manufacturing are not undertaken by the petitioner-market committee. he further submits that the word " .....
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