Court : Mumbai Nagpur
..... thus, the fact about the death being homicidal in nature also cannot be said to be conclusively established. 29. the last circumstance, as based on section 106 of the evidence act, can come into play only when there is some semblance of prosecution evidence/circumstances pointing to the guilt of the appellant. it is trite that while ..... of lalita was caused as it was within his special knowledge. it is submitted that the learned sessions judge, was justified in relying upon the provisions of section 106 of the evidence act, as one of the circumstance, to hold the appellant guilty. it is, therefore, submitted that the appeal be dismissed. 9. pw10 dr. aruna bhilawekar ..... not properly explained by the prosecution and in that view of the matter, the circumstances, as relied upon by the learned sessions judge, based on section 106 of the evidence act could not have been called into aid. it is submitted that if both these circumstances are excluded, the only other circumstance about motive, even if .....
Tag this Judgment!Court : Mumbai Nagpur
..... government to initiate suitable steps to make wage revision on lines of gr dated 21.05.2010 binding on unaided private schools like respondent no.7 through section 16 of 1977 act. this exercise be completed within 4 months from today. till then, respondents shall pay to petitioners increased salary at the rate as is offered to ..... school is established." "29. the state of himachal pradesh, respondent 3 in this appeal, is thus empowered to make rules under sub-section (3) of section 23 read with section 38(2)(l) of the 2009 act prescribing the salary and allowances payable to, and the terms and conditions of service of, teachers. article 39(d) of the constitution ..... scc 1-(society for unaided private schools of rajasthan v. union of india) does not speak about an unaided minority institution and as per majority view therein, section 23 of 2009 act applies. 16. question of status of ss code as statutory or otherwise never arose before the full bench in shikshan prasarak mandal, pune and ors. vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... parties carefully on the question of challenge to the derivative title and the consequences. looking to various decisions, it appears to me that the provisions of section 116 of the evidence act putting estoppel against the tenant, alternatively, if held to be inapplicable in the case of the appellant, still the rule of estoppel by conduct u ..... lahu .of the ownership of rupabai did not amount to forfeiture of tenancy. this is clearly covered by the doctrine of estoppel contemplated by section 115 and/or section 116 of the evidence act. mr.gilda, therefore, urged that the appellant/tenant cannot allowed to blow hot and cold and thus cannot be allowed to deprive the ..... the landlady having lost the rent control application, went to the civil court pleading forfeiture of tenancy as aforesaid, but the plea was taken that section 111(g) of the t.p. act had no application because she held derivative title. in the above factual background and looking to the conduct of the appellant, in my opinion, .....
Tag this Judgment!Court : Mumbai Nagpur
..... information received by him as above. in the light of above evidence, thus, it cannot be said that the prosecution has even established strict compliance of section 42(2) of the act as evidence of p.w.1 deokare is silent to the effect that on receiving the information he reduced the same into writing and forwarded copy thereof ..... to his immediate superior officer, as contemplated under section 42(1) (2) of the act. even otherwise it is pertinent to note that p.w.1 deokare, in the cross-examination has clearly admitted that he did not reduce the information ..... fair investigation and trial". as already stated earlier, since the alleged contraband ganja involved in this appeal is recovered from the house, no compliance of section 50 of the n.d.p.s. act is attracted. however, evidence of p.w.1 deokare on this aspect when considered, even does not appear to be satisfactory in compliance to .....
Tag this Judgment!Court : Mumbai Nagpur
..... rs.200/-, in default to suffer r.i. for one month. however, accused is acquitted for the offence punishable under sections 3(1)(x) and 3(1)(xi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 2. in brief the prosecution story is that on 06.02.1995 maroti, minor son of complainant sau. parvatibai ..... of session for trial. charges were framed against the accused for the offences punishable under sections 354, 452, 323 of the i.p.c. and under section 3 (1) (x) and 3(1)(xi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 to which accused pleaded not guilty and came to be tried. the defence of ..... circumstances, the appeal succeeds. hence, the following order is passed: appeal is allowed. the judgment and order dated 30.08.2001 convicting accused for the offences punishable under section 354, 452, 323 of the i.p.c. is hereby quashed and set aside and the accused is acquitted of the offences for which he was charged and convicted. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and 2008 2009. learned counsel further submitted that reasons were supplied to the petitioner undisputedly after four months of the issuance of notices under section 148 of the act. the learned counsel submitted that though the respondents have attempted to explain the delay occurred in supplying the reasons for reopening the assessment, the reasons ..... tax v/s. ratanlal lallubhai reported at 112 itr 1978 985 has given the legal position with regard to the meaning of information required by section 147 of the act for reassessment of income which has escaped assessment which is as follows:- (i) "information" must be instructive knowledge concerning a matter bearing on ..... tax and others, reported at (2012) 346 itr 528 (bom), the learned counsel for the petitioner submitted that for ordering the reassessment under section 147 of the act the information must relate to the assessment year to which the notice relates. the learned counsel further submitted that the reasons recorded in the instant .....
Tag this Judgment!Court : Mumbai Nagpur
..... parties. therefore, the ppas can be regarded as statutory only to the extent that they contain provisions regarding determination of tariff and other statutory requirements of section 43a( 2). opening and maintaining of an escrow account or an escrow agreement are not the statutory requirements and, therefore, merely because ppas contemplate ..... in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under article 226; and (c) if the instrumentality of the state acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of article 14 of the constitution of india in its contractual or ..... site was handed over to petitioner is important and on 29th december 2013, respondents sought certain details within 7 days to avoid violation of mines act 1952 and mines rules 1955. petitioner gave that list on 28.12.2013 and respondents never informed that manpower so provided was inadequate. correspondence shows .....
Tag this Judgment!Court : Mumbai Nagpur
..... conditions of the service and not as a shikshan sevak. this is the policy, which is incorporated under section 5 of the meps act. 17. section 5 of the meps act, by an amendment introduced by section 11 of the maharashtra act no.xiv of 2007, is reproduced below: 5. certain obligations of management of private schools. ( ..... in service in terms of sub-section (2a) of section 5 of the meps act? (3) whether an appointment of a part time shikshan sevak/assistant teacher (probationary) in a permanent part time vacancy can be ..... as a part time shikshan sevak/assistant teacher (probationary) can be treated as an appointment in a permanent vacancy in terms of sub-section (1) of section 5 of the meps act? (2) whether a part time shikshan sevak continued in employment after completion of three years' satisfactory service on probation acquires deemed confirmation .....
Tag this Judgment!Court : Mumbai Nagpur
..... education has become a business and managements of private schools, with notable exceptions, are becoming pirates in the high seas of education. the interpretation of section 5 of the act must be purposive one that would attain the statutory object and not lead to a negation of statutory intent. once a permanent vacancy arises, ..... management of private schools. judicial intervention is warranted in order to preserve the statutory intent.? 20. in the light of the aforesaid purpose of the meps act, the provisions of section 5 therein, need to be seen. the same are, therefore, reproduced below : 5. certain obligations of management of private schools. (1) the ..... of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? 21. section 5 of the meps act creates certain statutory obligations upon the management to provide security, stability and protection in service to the employees, more particularly when grant-in-aid .....
Tag this Judgment!Court : Mumbai Nagpur
..... , submits that the present petition is without substance. 7. for appreciating the rival submissions, we will have to refer to section 46(4), section 52 and section 59(1), (3), (4) and (5) of the prisons act, 1894. section 46(4) reads as under :- s. 46. punishment of such offences. the superintendent may examine any person touching any ..... under the remission or furlough or parole system for the time being in force as may be prescribed by rules made by the state government; .....................? section 52 of the prisons act reads as under:- s. 52. procedure on committal of heinous offence. if any prisoner is guilty of any offence against prison discipline which, ..... thereby, the petitioner has approached this court. 4. mr. n.n. gawankar, the learned counsel for the petitioner, submits that in view of section 52 of the prisons act, 1894, the petitioner cannot be sent to the trial before the learned magistrate and also penalized by the superintendent. he further submits that escaping from .....
Tag this Judgment!