Court : Mumbai Nagpur
..... suit property which was already sold to the appellant who was not even a member of the society cannot fall in the definition of sec. 164 of the act. therefore, the provisions of section 164 will have no application in addition because the plaintiff wants to exercise his independent civil right. in the light of the above ..... framed thereunder, to my mind, manifests that for knowledge to the people at large about the charge over immovable property or for claiming protection of section 48 of the act, it would be mandatory for the society to get the charge on immovable property created or recorded in the record of rights maintained by the village ..... rival parties and upon perusal of the entire record, the following substantial questions of law arise for my determination:1) whether compliance of the provisions of section 48 of the mcs act, and rule 48 (5) of mcs rules,1961 is mandatory for lending cooperative society before claiming protection/charge on immovable property of members .yes. 2 .....
Tag this Judgment!Court : Mumbai Nagpur
..... c.r. 657). in the said matter, the issue involved was bifurcation of some market committees in the state of maharashtra under section 44 of the apmc act. section 44 of the apmc act also provides for consultation with the state marketing board before taking any decision of amalgamation or division of the market committee. in the ..... course of discussion, the division bench also referred to the provisions under section 45 of the apmc act and referring to the observations made in the earlier judgment by another division bench of this court in the case of market committee, dharni, ..... judgment in the case of ravindra m.gaikwad vs. state of maharashtra (2001eq(bom)0827: mhlr20013420). in the said matter, consultation under section 78 of the maharashtra cooperative societies act, 1961, before passing any order of removal of member from the board of directors was for consideration. shri ghare submitted that the aforesaid .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was not admissible in evidence in view of the provisions of section 17 and section 49 of the registration act. the learned trial judge observed that the document was written on stamp paper only. the leaned trial judge issued show cause notice to ..... was not a memorandum of partition but the partition deed and therefore, it was not admissible in evidence in view of the provisions of section 17 and section 49 of the registration act. the learned trial judge observed that the contents of the document showed that it was a partition deed and memorandum of earlier partition and ..... have followed the procedure as stated above. 8. shri bhangde, the learned senior advocate has made an alternative submission relying on the proviso below section 49 of the registration act which lays down that an unregistered document affecting the immovable property and which is required to be registered may be received as evidence for any collateral .....
Tag this Judgment!Court : Mumbai Nagpur
..... is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means ..... of grievous nature because both the witnesses had suffered fractures. in my considered opinion, therefore, conviction should have been recorded under section 325 read with section 34 of the indian penal code and not under section 326 read with section 34 of the indian penal code. 5. the learned senior counsel shri anil mardikar has submitted that as far as sentence ..... was compounded in lok-adalat and further considering that this case could not be compounded because of section 307 of the indian penal code, i am of the view that the appellants are entitled for benefit of section 4 of the probation of offenders act. hence, i pass the following order. the appeal is partly allowed. the judgment and .....
Tag this Judgment!Court : Mumbai Nagpur
..... claimants and simultaneously proceed against the owner by following the law laid down by the hon'ble apex court in the case of pramod agrawal and also the provisions of section 174 of the motor vehicles act, 1988. the appeal is disposed of in the above terms with no order as to costs.
Tag this Judgment!Court : Mumbai Nagpur
..... of the appellants in criminal appeal nos.436/2012 and 437/2012. 2. the appellants have been convicted for the offences punishable under sections 363 read with section 34, 506-ii read with section 34 and 376(2)(g) of the indian penal code. 3. complainant smt. nita wasudeo meshram aged about 40 years is resident ..... ) act, 1989. 6. the prosecution had examined in all eight witnesses in support of its case. p.w. 1 is complainant ..... charge under 3(1)(xii) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. the appellants had pleaded not guilty to all the charges. the appellants however, have been acquitted of the charge for the offence punishable under section 3(1)(xii) of the scheduled castes and the scheduled tribes (prevention of atrocities .....
Tag this Judgment!Court : Mumbai Nagpur
..... , gadchiroli, in sessions case no.40/2009 is set aside. the appellant is acquitted of the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1908. he shall be released from prison, if not required in any other case. the appeal stands disposed of ..... appellant for the offence punishable under section 5(a) of the explosive substance act. it is also not necessary to examine the consent granted by the district magistrate under section 39 of the arms act for prosecution of the appellant for violation of section 3 of the act, punishable under section 25(1)(1-b) (a) of the act. 15. as far as ..... oral judgment: 1. the appellant is convicted for the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1984. he has been sentenced to suffer rigorous imprisonment for 2-1/2 years for the former offence and rigorous imprisonment for 5 years for .....
Tag this Judgment!Court : Mumbai Nagpur
..... patil (cited supra), in which the apex court held that, in absence of any authorisation to sign the whip on behalf of the party, provisions of section 3(1)(b) are not attracted and no disciplinary action can be taken against the members. following observations were made in para 8 in the case of ..... election to a local authority. the politicolegal doctrine of disqualification by defection has been percolated to the elections of local authorities in maharashtra by enacting the act. the act proposes to encourage the elections being fought by group of persons bringing themselves together so as to have a common purpose and by contesting election on ..... appointed as a group leader and his appointment was approved by wamanrao kasawar as a president of the yavatmal district congress committee, who was empowered under the act and rules framed there-under to issue the order through general secretary of yavatmal district indian national congress pursuant to communication dt.27.12.2011. accordingly, .....
Tag this Judgment!Court : Mumbai Nagpur
..... ." 10. it is thus obvious that in the absence of proof of use of force or assault the offence under section 3(1)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 could not be proved. i am of the view that the judgment of the learned trial court is based ..... learned special judge under the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, washim for the offences punishable under section 354 of the indian penal code and section 3(1)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. 2. the appellant was resident of dhawanda within the jurisdiction of manora ..... in atrocity case no.111/1996 is set aside. the appellant is acquitted of the offences punishable under sections 354 of the indian penal code and 3(1)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. fine amount, if any, paid by the appellant shall be refunded to the appellant. appeal .....
Tag this Judgment!Court : Mumbai Nagpur
..... dummies in tip and their personality varied drastically from that of the appellant. in this background, he has also pointed out defence of alibi while answering the questions under section 313 of code of criminal procedure. he submits that d.w.1 kalpana, wife of accused was listed as witness by the prosecution but she was not examined, ..... by ligature and throttling, to be the cause of death. after this opinion, p.w.7 recorded offence against manoj meshram vide crime no. 203 of 2009 under sections 302 and 201 of i.p.c. certain seizure of cloths and articles received from the rural hospital, bramhapuri were effected on 15.10.2009. as person by ..... room no. 2 and man was not seen. sandip, therefore, went to lodge and thereafter reported the matter to the police. a.d. no. 56 of 2009 under section 174 of criminal procedure code was taken note of and police inspector jagdip bhakte (p.w..7) of bramhapuri police station started investigation. he visited lodge, prepared spot panchnama, articles lying .....
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