Court : Mumbai Nagpur
..... maharashtra has approved the assessment, collection and refund of cess (octroi duty rules) ( octroi rules for short) in exercise of the powers conferred under sub-section 6 of section 115 of the cnc act, which have come into force with effect from 1.6.1996. the rules envisage a declaration being given by a person (importer) bringing any goods, ..... alia held that where the declaration as prescribed is not made, there is no question of making any demand arises. that was a case under section 398 of the bombay provincial municipal corporations act read with octroi rules of pune municipal corporation. 27. we also find that once the vehicle was never taken to the octroi post, there ..... reads as under : goods subject to a payment of a cess, hereinafter called octroi duty, imposed by the corporation under clause (e) of sub-section (1) of section 114 of the act, are wherever produced, liable to pay the octroi duty as soon as they enter the octroi limits of the corporation. rule 8 which is also relevant .....
Tag this Judgment!Court : Mumbai Nagpur
..... the prosecution has only established beyond reasonable doubt the offence punishable under section 308 read with section 149 of the indian penal code against the appellants for which they deserve to be convicted and sentenced appropriately. as regards the other offences, namely, ..... no.6 bhagwan against the victims and sustaining of injuries by accused nos. 6 and 7 and accordingly wrongly concluded that the offence punishable under section 307 read with section 149 ipc was made out against the appellants. this finding of the learned sessions judge, therefore, needs to be substituted by a finding that ..... person to whom it was caused, but for the providential intervention. the reason being that the assault by the appellants was in all probability more an act of defence than a consequence of premeditation or prior culpable knowledge on their part. it would then follow that this case, as rightly submitted by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... complicity. these judgments therefore can not save the situation for respondent accused satish and sadhana as also vilas. 51. learned app has invited attention to section 102 r/w section 106 evidence act relied upon the judgment of hon'ble apex court in jagdish v. state of m.p., (2009) 9 scc 495, where in para 22 ..... by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the court to draw a different inference. section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the ..... by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the court to draw a different inference. section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the .....
Tag this Judgment!Court : Mumbai Nagpur
..... offences in the chargesheet would be sufficient or not. 18. the material ground of challenge on behalf of the appellant is that an offence under section 3 of the mcoc act presupposes existence of organised crime syndicate. it is submitted that the material produced on record does not show existence of such organised crime syndicate of ..... the larger bench. it is submitted that it is the membership of organised crime syndicate which makes a person liable under the mcoc act which is evident from section 3 of the act. it is submitted that therefore the earlier chargesheets which are envisaged within the period of preceding 10 years, are in respect of an ..... economic or other advantage for himself or any other person or promoting insurgency; (f) special court means the special court constituted under section 5. 20. the provisions of section 2 (e) of the mcoc act in particular fell for consideration of full bench of this court in the case of state of maharashtra...versus...jagan gagansingh nepali @ .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the maxim actio personalis moritur cum persona' depends upon the `relief claimed' and the facts of each case. by and large the industrial disputes under section 2 a of the act relate to the termination of services of the concerned workman. in the event of death of the workman during pendency of the proceedings, the relief of ..... reference was made by the government, filing of the statement of claim by the disputant would by no means extinguish the industrial dispute within the meaning of section 2 a, of the act, which would still continue to persist. hence, i find no force in the contention raised by the learned advocate for the party no.1 . in ..... 10 of the above mentioned judgment, the hon'ble supreme court has laid down that expanding the definition of workman as per the provisions of section 2(s) of the industrial disputes act would confer the right on the legal heir of the deceased employee to obtain appointment on compassionate grounds subject to the fulfillment of the conditions .....
Tag this Judgment!Court : Mumbai Nagpur
..... whatsoever available on record from which it can be concluded that the prosecution has reasonably proved the guilt of the appellant for an offence punishable under section 506 (ii) of indian penal code. the learned additional sessions judge has again committed serious illegality in not considering and appreciating the prosecution evidence ..... castes and scheduled tribes (prevention of atrocities) rules, it has been held to be mandatory provision of law, the offence punishable under section 3(1)(x) of the atrocities act was not proved. the learned additional sessions judge, therefore, acquitted all the accused including the present appellant of the said charge under the ..... of 19.11.2005 by one fulchand patil, offences punishable under sections 143, 504, 506 read with section 149 indian penal code and section 3(1)(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (in short, the atrocities act ) were registered by police station ural, district akola. it was .....
Tag this Judgment!Court : Mumbai Nagpur
..... of declaration of results would be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. the learned senior counsel relied on the judgment reported in 2012(4) ..... the petitioner that when the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. the ..... no.3 as the leader of the nationalist congress party. it is submitted that in view of the provisions of section 31a of the bombay provincial municipal corporations act, 1949, specially the second proviso to section 31a(1) thereof, after an aghadi or front is formed by two or more recognised parties or registered parties or .....
Tag this Judgment!Court : Mumbai Nagpur
..... of declaration of results would be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. the learned senior counsel relied on the judgment reported in 2012(4) ..... the petitioner that when the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. the ..... no.3 as the leader of the nationalist congress party. it is submitted that in view of the provisions of section 31a of the bombay provincial municipal corporations act, 1949, specially the second proviso to section 31a(1) thereof, after an aghadi or front is formed by two or more recognised parties or registered parties or .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the police force in the state, is relied upon by petitioners to urge that police can not violate the directions issued by him. but then sections of prohibition act which attract the provisions and procedure of cr.p.c. or the mandate of state legislature recognizing the primacy already with police in the matter of investigation ..... within their jurisdiction. 45. in vishalagrawal v. chhattisgarh seb ( 2014) 3 scc 696, hon'ble apex court has rejected similar arguments while evaluating impact of section 155 of the electricity act on section 4 of cr.p.c. hon'ble court observes:- 19. as far as the scheme of the code of criminal procedure (hereinafter referred to as the ..... , to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender. prohibition act vide section 2 (29) explains phrase "officer in charge of a police station" as including (a) in the greater bombay the officer in charge of a police station as .....
Tag this Judgment!Court : Mumbai Nagpur
..... six months and to pay fine of rs.500/-, in default of payment of fine, to suffer rigoruos imprisonment for three months for the offence punishable under section 7 of the act of 1988 and to suffer rigorous imprisonment for one year and to pay fine of rs.500/-, in default of payment of fine, to suffer rigorous ..... came to be filed against the accused before the special court. 9. charges were framed against the accused for the offences punishable under section 7 and section 13(1)(d) read with section 13(2) of the act of 1988, to which accused denied and claimed to be tried. the learned special judge on considering the evidence of witnesses and documents, ..... of rigorous imprisonment of one year and to pay fine of rs.500/-, in default to suffer rigorous imprisonment for three months for the offence punishable under section 7 of the act of 1988 and is sentenced to suffer rigorous imprisonment for two years and to pay fine of rs.500/- and in default, to suffer further rigorous imprisonment .....
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