Court : Mumbai Nagpur
..... xxxiv of the bombay high court appellate side rules to constitute the appropriate division bench, as required by section 18 of the contempt of courts act, to take cognizance of the act of contempt of court by treating this order itself as a petition for contempt of court, in accordance ..... examine legality, propriety and illegality of the order and the conduct of the parties in obtaining order including office objections." "5. suitable action under section 195 read with 340 of criminal procedure code be proceeded against the concerned parties and concerned advocates therein including government pleaders." "6. initiate suo motu criminal ..... are given as under : case no./crime no.criminal application no.1323/2010criminal application no.1916/2010criminal application no.1915/2010criminal application no.1884/2010criminal application no.1951/2010criminal application no.1952/2010criminal application no.1950/2010criminal writ petition no.294/2011criminal writ petition no.441/2010criminal writ .....
Tag this Judgment!Court : Mumbai Nagpur
..... of accused at the relevant time. therefore, it is not accepted this evidence as clinching evidence against the respondent-accused. 22. the seizure of clothes under section 27 of evidence act from accused is disregarded by it on the ground that the clothes were seized from a place which was accessible to all and the fact that those clothes ..... "a" blood upon it. she submits that as per c.a. report, blood group of deceased babarao is also "a". seizure of blood stained clothes under section 27 of evidence act on 14th december, 2002, is also relied upon by her to urge that this seizure also proves involvement of respondent in the crime. she, therefore, prays for ..... not described. material on record demonstrates that respondent after murder washed his clothes and then concealed it in tur crops of the field belonging to one mahadeo arekar. section 201 of i.p.c was also invoked against respondent for this purpose. thus, he attempted to destroy evidence of his participation in crime, but then put the .....
Tag this Judgment!Court : Mumbai Nagpur
..... for the reason that there is no provision of recording of statements of the person against whom inquiry is made either in section 42 or section 55b or section 311 of the act, 1965. under section 311, discretion has been given to the inquiry officer to summon and examine any person whose evidence appears to him to be ..... and pradeep sangodker, referred to above, applies to only judicial authorities and not to the authorities like respondent no. 2 performing statutory functions under section 55b or section 42 of the act, 1965. 56. the argument of learned special counsel that these guidelines cannot be made applicable to the authorities like respondent no. 2 is ..... for carrying out the works arising in the subsequent year. 12. learned senior counsel further submits that although inquiry was conducted as per section 311 of the act, 1965 and this section clothed the inquiry officer with the power of a civil court for recording evidence and enforcing attendance of witnesses, the inquiry officer did .....
Tag this Judgment!Court : Mumbai Nagpur
..... the parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. judicial ..... the accused were in his company or immediately thereafter, 3. the dead body of the deceased was discovered on information given by the accused under section 27 of the evidence act from a place which was distinctly within the knowledge of the accused no.1, 4. the time gap between both the accused last seen in ..... in (2013) 2 supreme court cases 114 which reads thus: "17. recently, in h. siddiqui (dead) by lrs. v. a. ramalingam13, while dealing with section 65 of the evidence act, this court opined though the said provision permits the parties to adduce secondary evidence, yet such a course is subject to a large number of limitations. "12......in .....
Tag this Judgment!Court : Mumbai Nagpur
..... it has to clinch the issue. 38. on nature of contract and need of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under that provision. the water policy has been elevated to ..... grant of water to the petitioner is deemed to be under section 31b. he further points out that dispute about irc is at threshold of contract ..... a status of statue by 2011 amendment i.e. section 31b of the maharashtra water resources regulatory authority act, 2005. the water policy of state government and .....
Tag this Judgment!Court : Mumbai Nagpur
..... the estate would be entitled to receive said amount. it was clarified that this opinion was confined only in so far as no-fault liability under section 140 of the said act was concerned. in anju mukhi (supra) the accident in question took place on 10/02/1985. during pendency of the proceedings before the claims tribunal ..... nor as a respondent. the claim is being prosecuted only by the subsequently added claimants. 10. the locus to maintain an application for compensation under section 166 of the said act and grant of compensation based on dependency of the claimants are two distinct aspects. while it would be open for a legal representative to maintain ..... bus belonging to the respondent. said haroon lost his life in the accident. the mother and brother of said haroon filed a claim petition under section 166 of the said act. the claim petition was opposed by the respondent by filing its written statement. during pendency of the proceedings, the present appellants filed an application for .....
Tag this Judgment!Court : Mumbai Nagpur
..... , the question arises which article of either first schedule or second schedule would apply. insofar as the challenge to an award made under the 1940 act is concerned, an application under section 13 of that act could be made to a civil court and therefore, payment of court fee was governed by article 1(a) of schedule ii which read as ..... award shall be enforced under the code of civil procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the court. section 35 under the said act deals with the finality of the arbitral award which shall be binding on the parties and persons claiming under them respectively, subject to the other provisions in part ..... the court fee is payable in terms of article 13 in schedule ii or article 4 in schedule i of the maharashtra court fees act? 6. sections 35 and 36 of the arbitration and conciliation act, 1996 are reproduced below : 35. finality of arbitral awards. subject to this part an arbitral award shall be final and binding on the parties .....
Tag this Judgment!Court : Mumbai Nagpur
..... not the employees but the members of the society for rendering service to the appellant establishment. 2. the respondent passed an order under section 45a of the employees state insurance act (in short "the esi act") rejecting the contention and calling upon the appellant to pay rs.4447.50 towards contribution and rs.613.85 towards interest. the appellant ..... the contract for service. 6. the learned counsel smt. maldhure appearing for the respondent corporation has invited my attention to the definition of "wages" under section 2(22) of the said act, which speaks about the remuneration paid to the employees. she has also invited my attention to the decision of the gauhati high court in the case ..... and two persons has not been established. hence, the amount paid to them by way of honorarium cannot be called as wages within the meaning of section 2(22) of the said act. question no. (iii) 7. as to the third substantial question of law, it is not disputed before this court that it was the case .....
Tag this Judgment!Court : Mumbai Nagpur
..... efforts were made to protect guilty police officers. petitioner no.2 learnt that fir was registered against biju for the offence punishable under sections 307, 353, 143 of ipc along with arms act at kasansur sub-police station where the petitioners had gone to lodge missing report on 16.06.2014. the officer in-charge of ..... panchnama. 14. to explain three injuries on the deceased caused by 9 mm pistol, he has invited our attention to fir pointing out type of weapons and explosives used by the police machinery and also to post mortem report. he further submits that for every bullet wound, there has to be a dirt collar. post ..... videography was never disclosed to the petitioners. 22. he has further stated that witnesses to alleged ambush or encounter whose statements were recorded by the police under section 161 of criminal procedure code, have filed affidavits contradicting their earlier statements before this court. report of sdpo also relies upon these statements and hence, said report is also .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. santosh and ors., (supra), the hon'ble apex court has considered the question whether jugaad constituted transport vehicle within the meaning of section 2(28) of the motor vehicles act, 1988. said definition reads thus : (28) motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the ..... decision was whether heavy earth moving machineries used by the petitioner in its collieries for mining activities were motor vehicles within the meaning of section 2(28) of the motor vehicles act, read with phrase construction equipment vehicle as defined in rule 2(ca) of 1989 rules. in paragraph 16, the definition of ..... be dismissed with costs. 7. during arguments, our attention has been invited to the provisions of section 2(28) defining motor vehicle, section 2(47) which defines transport vehicle and the provisions of section 39 of motor vehicle act, 1988, which mandates registration of motor vehicles. shri naik, learned counsel, has submitted that the .....
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