Court : Mumbai
..... the jurisdiction of the debts recovery tribunal under section 19 of the recovery of debts due to banks and financial institutions act, 1993 ("the rdb act" for short) on the basis of the hypothecation deeds dated 28-3-1984 and 17-9-1984 and also the mortgage-deeds. the maharashtra explosives ltd., a company under liquidation, and ..... , or dispose of the suit, other proceedings, claims and application and shall decide the questions specified in clauses (a) to (d) of sub-section (2) of section 446 of the said act. section 537 is relevant and the same is also reproduced below :"537. avoidance of certain attachments, executions, etc., in winding up by tribunal.-- (1) ..... jurisdiction, powers and authority to entertain appeals against any order made, or deemed to have been made, by a tribunal under this act."section 19(19) and section 19(22) of the rdb act confer powers upon the debts recovery tribunal to issue the certificate of recovery and the same being relevant, are reproduced below :"19. .....
Tag this Judgment!Court : Mumbai
..... court rejected this argument and gave benefit of doubt to the accused. 4. the learned app contended that in view of the provisions of section 74 of the indian evidence act, medical certificate having been prepared by a public officer should be treated as public document and it can be proved by producing before the court ..... a position of an expert and his opinion about the injuries suffered by the victim have to be treated as an opinion of expert under section 45 of the indian evidence act and needs to be proved. naturally, if such an opinion is tendered by a doctor, the accused also should get an opportunity to cross ..... or other proceeding without such officer being called as witness before the court. similarly, as per section 293 of the code, reports of certain government scientific experts, namely chemical analyzer or assistant chemical analyzer to the government, chief controller of explosives, the director of the finger print bureau, the director of haffkeine institute, the director or .....
Tag this Judgment!Court : Mumbai
..... physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include ..... noted above. 8. the central government has issued the hazardous wastes (management, handling and transboundary movement) rules 2008 in exercise of powers conferred by the environment (protection) act 1986. rule 2(l) defines the expression "hazardous waste" as follows : "2(l) "hazardous waste" means any waste which by reason of any of its ..... petition is that no permission or licence is required of the third respondent, ministry of environment and forests, under the provisions of the environment (protection) act 1986 and the rules made thereunder. in order to elicit assistance on the correct position in law, notice was issued to the third respondent which .....
Tag this Judgment!Court : Mumbai
..... /2008 he passed the following order: perused the charge-sheet. prima facie charges are disclosed. therefore, proceedings started against rakesh dhavde under sections 307, 436, 324, 323, 153-a, 295 of ipc and sections 3, 4, 5 of the explosive substance act . a committal order came to be passed on the very same day in rcc no. 648/08. as per mr. shivade the ..... , 427 of the indian penal code read with sections 3, 4, 5 and 6 of explosive substances act read with sections 3(1)(i), 3(2), 3(4) and 3(5) of the maharashtra control of organised act (hereinafter referred to as mcoca ) and read with sections and sections 3, 5 and 25 of the indian arms act read with sections 16, 18 and 23 of unlawful activities (prevention .....
Tag this Judgment!Court : Mumbai Nagpur
..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the .....
Tag this Judgment!Court : Mumbai Nagpur
..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the .....
Tag this Judgment!Court : Mumbai
..... the air hostess concerned as also for the good upbringing of the children. secondly, ......... when the entire world is faced with the problem of population explosion it will not only be desirable but absolutely essential for every country to see that the family planning programme is not only whipped up but maintained ..... welfare and social welfare schemes coming true for the betterment of people's health especially women's health and family welfare coupled with social welfare. under section 21 of the act, the functions and duties entrusted to gram panchayats include 'public health and family welfare', 'women and child development' and 'social welfare'. family planning ..... in this context, what the hon'ble supreme court has held is as under: 37. the above facts and excerpts highlight the problem of population explosion as a national and global issue and provide justification for priority in policy-oriented legislations wherever needed. 38. none of the petitioners has disputed the legislative .....
Tag this Judgment!Court : Mumbai
..... the air hostess concerned as also for the good upbringing of the children. secondly, ......... when the entire world is faced with the problem of population explosion it will not only be desirable but absolutely essential for every country to see that the family planning programme is not only whipped up but maintained ..... welfare and social welfare schemes coming true for the betterment of people's health especially women's health and family welfare coupled with social welfare. under section 21 of the act, the functions and duties entrusted to gram panchayats include 'public health and family welfare', 'women and child development' and 'social welfare'. family planning ..... . in this context, what the hon'ble supreme court has held is as under: 37. the above facts and excerpts highlight the problem of population explosion as a national and global issue and provide justification for priority in policy-oriented legislations wherever needed. 38. none of the petitioners has disputed the legislative .....
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 ..... 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 .....
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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