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
..... assault made by the accused no.1 on deceased manish. ravi thakare (pw 4) is the witness who deposed about the acts of accused no.2 rubina and accused no.3 jamilabegum for proving the offence punishable under section 201 of the indian penal code against them. 7. pw 3 pritam in his report (exh.37) and from the ..... is responsible for the death of manish. whether the homicidal death of manish is not murder? :- 12. section 299 of the indian penal code defines culpable homicide. it reads as under :- "299. culpable homicide :- whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely ..... doing which he has caused the death of another. proof of such casual connection between the act of the accused and the death, leads to the second stage for considering whether that act of the accused amounts to "culpable homicide" as defined in section 299. if the answer to this question is prima facie found in the affirmative, the stage .....
Tag this Judgment!Court : Mumbai Nagpur
..... a charge was framed against the appellant by the learned additional sessions judge, warora under exh.6 for the offence punishable under sections 302, 498-a of the indian penal and under section 4 of the dowry prohibition act. the appellant denied the charges and claimed that he be tried. the prosecution has examined in all ten witnesses to bring ..... home the guilt of the appellant. he was also examined under section 313 of the code of the criminal procedure. he also ..... for her death. the learned judge of the court below after appreciating the case of the prosecution found that the appellant is guilty of the offence punishable under sections 302 and 498-a of the indian penal code and accordingly he was convicted and sentenced as mentioned in the opening paragraph of this judgment. 4. when this .....
Tag this Judgment!Court : Mumbai Nagpur
..... is also important to note that as per clause 32 of the model standing orders, nothing therein can derogate from the legal provisions like s. 76. section 76 of the 1965 act prevails over cl. 4c of the model standing orders. 15. the learned single judge of this court in ramesh vitthal patil and ors. vs. kalyan dombivali ..... council that the proposal to create or sanction the posts of class-iv employees to accommodate the complainants was forwarded to the director of municipal administration under section 76 of the said act. even if any such proposal is forwarded, no orders are passed to create or sanction the posts to accommodate the complainants as regular employees. 3. ..... have been working exist. umadevi (3) cannot be held to have overridden the powers of the industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule iv is established." little earlier apex court has, in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the commission of cognizable offence. hence, the offence was registered against the appellant for the offence punishable under section 302, 307, 341, 294 of the ipc, section 3 read with section 25 of the arms act and section 3 and 4 of the explosive substances act. 1908 vide crime no.146/2011. the printed fir is at exh.27. as per the oral ..... pay a fine of rs.500/- in default to undergo further simple imprisonment for 15 days. he was also convicted for an offence punishable under section 3(a) of the explosive substances act and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of rs.1000/- in default to undergo further simple imprisonment for one ..... witnesses. after full fledge trial, the learned sessions judge found that the prosecution has only proved the case for the offence punishable under sections 302 and 324 of the ipc and section 3(a) of the explosive substances act. 6. we have heard mr. r.r. vyas, learned counsel for the appellant and mr. t.a. mirza, learned a. .....
Tag this Judgment!Court : Mumbai Nagpur
..... -deed dated 9-6-1965 at exhibit 66 shall, therefore, be covered by sub-section (1) of section 14 of the hindu succession act, 1956. 26. sub-sections (1) and (3) of section 20 and sub-section (1) of section 22 of the hindu adoptions and maintenance act being relevant, are reproduced below: 20. maintenance of children and aged parents. (1 ..... the first time, shall not convert the limited or restricted right into one of absolute ownership under sub-section (1) of section 14 of the hindu succession act, 1956. 27. under sub-section (1) of section 22 of the said act, the obligation of the heirs of the deceased hindu to maintain the dependents of the deceased is only ..... . the obligation so created in respect of parents is only during the lifetime without creating any right or interest, as contemplated under sub-section (1) of section 14 of the hindu succession act, to dispose of the property given for maintenance. 28. in the present case, the plaintiff no.2 has discharged his obligation to maintain .....
Tag this Judgment!Court : Mumbai Nagpur
..... used that machine contrary to law, hence, the restrictions imposed upon him were held to be beyond the scope of 1994 act. this finding is without commenting upon the sections contained in the act and impact thereof. 7. shri dadhe, learned counsel, has submitted that the present petitioner has also furnished similar affidavit and ..... then proceeds further to answer the controversy. it needs to be restricted only to said matter. 8. a perusal of section 3a of the 1994 act shows that it prohibits sex-selection. as per section 3a, no person, including a specialist can conduct sex selection on a woman. thus, the obligation or prohibition is ..... to any genetic counselling centre, genetic laboratory, genetic clinic or any other person , not registered under the 1994 act. section 4 then prohibits use of an unregistered places for undertaking prenatal diagnostic techniques. section 18 prohibits a person from opening any genetic counselling centres etc. or a centre having ultrasound or imaging machine or .....
Tag this Judgment!Court : Mumbai Nagpur
..... will have to be tried by the civil judge as regular civil suit depending upon the pecuniary limits of the civil judge as provided by section 24 of the maharashtra civil courts act. the conclusions of the learned principal district judge are unsustainable. 8. after examining the documents placed on the record of the petition, ..... as small cause civil suit and tried by civil judge (junior division). the trial court decreed the civil suit. the respondent filed appeal under section 34 of the maharashtra rent control act. the learned principal district judge, by the impugned judgment, has partly allowed the appeal. the learned principal district judge concluded that the civil ..... in the court of civil judge (junior division). it is argued that the learned principal district judge has misread the provisions of section 33(1)(b) of the maharashtra rent control act and has misconstrued the judgment given by the division bench of this court in the case of radheshyam vs. district judge, reported in .....
Tag this Judgment!Court : Mumbai Nagpur
..... out from the judgment given in the case of jagannath pundlik and others, is not that the court dealing with an election petition under section 15 of the maharashtra village panchayats act cannot decide about the eligibility of the candidate to contest the election if the challenge is based on the ground that the candidate was below ..... s. narwade, advocate for the respondent no.2. 2. rule. rule made returnable forthwith. 3. the respondent no.2 has filed petition under section 15 of the maharashtra village panchayats act challenging the election of the present petitioner on the ground that she was not eligible to contest the election as on the date of election she ..... petitioner will not be able to contend otherwise. it is prayed that the impugned order be maintained and the petition be dismissed. 6. section 12(1) of the maharashtra village panchayats act provides that the state election commissioner may by order notify that for such part of the constituency of the assembly as is included in a .....
Tag this Judgment!Court : Mumbai Nagpur
..... within a specific period and, therefore, he incurred disqualification for continuing as member of the managing committee in terms of section 73ff of the act 1961, which section has been renumbered as section 73ca by the maharashtra act no.16 of 2013 with effect from 14.2.2013. on these facts, the full bench of this court held ..... admittedly, neither such receipts nor any no dues certificates were produced by the petitioner-societies. therefore, respondent no.2, by invoking the provisions of section 27(10) of the act 1961 read with rule 6, rules 2014 passed the impugned order on 12.1.2016 rejecting the objections on the ground that the petitioner-societies having ..... that the contesting election is a statutory right and not a fundamental right. he further submits that both the petitioners were defaulters as contemplated under section 27(10) of the act, 1960. he further submits that even the reply filed by the petitioners only mentioned that they were active members with no loan having been .....
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