Court : Mumbai Nagpur
..... the other material on record. we are satisfied that the confession was voluntary and was not the result of inducement, threat or promise as contemplated by section 24 of the evidence act, 1872. 15.7. dealing with the situation of retraction from the extra-judicial confession made by an accused, the court in rameshbhai chandubhai rathod v. ..... conviction, then from the material placed on record, this court may come to a conclusion that the offence would not fall under section 302 of the indian penal code. 4. shri m.j. khan, the learned additional public prosecutor appearing on behalf of the respondent-state, submitted that merely ..... a matter of fact, the conduct of the appellant in immediately showing repentance by causing grievous injuries, which then resulted into the death, offence would rather fall under section 304-i of the indian penal code. therefore, in the alternative, learned counsel submits that if this court is not inclined to set aside the order of .....
Tag this Judgment!Court : Mumbai Nagpur
..... position from the various judgments as such so also about section 50 and section 80 of the act. it would also be appropriate to make a reference to the supreme court judgment in relation to the issue in question. in the case of ..... trust or trustee or trustees or beneficiary thereof and issuing injunctions in appropriate cases; or" from the reading of the above provision, it is clear that section 50 of the act contemplates the suit in which any declaration in favour or against a public trust or trustee or beneficiary is sought and also for issuing injunction. 9. ..... obtaining consent or claimed forgery or fabrication against defendants. the suit is simplicitor for injunction and does not fall under clauses (a) to (q) of the section 50 of the act. thus suit for challenging the validity of resolution passed by the trust is maintainable in individual capacity." 6. it is necessary to cull out the legal .....
Tag this Judgment!Court : Mumbai Nagpur
..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act, 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the ..... may have made his intentions clear by his overt acts. it is thus clear from the above decision and particularly paragraph 15 above, that there is no question of waiting for expiry of the due date of performance. ..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act , 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the defendant .....
Tag this Judgment!Court : Mumbai Nagpur
..... the tribunal cannot be sustained. 6. the decision of the apex court in smt. sarla verma's case, cited supra, was on the provision of section 166 of the motor vehicles act, which makes the claimant entitled to a just compensation and the apex court has made it clear in paragraph 20 of the said decision that it was ..... meaning that the ratio laid down in the said decision is applicable only to the cases under section 166 of the motor vehicles act. unless there is an amendment to the provisions of section, namely section 163a of the m.v.act, it would not be permissible for the tribunal to award the amount over and above one which is prescribed under ..... damages and the interest at the rate of 8.5%? 5. the claim petition is under section 163a of the motor vehicles act and it will be governed by the structured formula of compensation provided in the second schedule under the said act. the second schedule provides the general damages in addition to compensation on account of funeral expenses rs .....
Tag this Judgment!Court : Mumbai Nagpur
..... willing. adhering to the important aspect of limitation mr. k. h. deshpande learned senior advocate invited my attention to section 5 of the contract act and section 89 of the bt and al act and submitted that section 5 does not permit the appellants/defendants to unilaterally cancel the contract by deliberately ignoring the fact that the suit ..... time of three years provided by law, and also to challenge the said action on the ground argued before me including the one about section 5 of the contract act or that the defendant could not have unilatrally cancelled the agreement for whatever reasons. the fact remains that the agreement was specifically cancelled and ..... vacant land in excess of ceiling limit can be filed and a conditional decree can be passed for specific performance, subject to exemption being obtained under section 20 of the act . (paras 1113) 29. we are in respectful agreement with the views of the full bench in the abovementioned decision and the principles decided therein .....
Tag this Judgment!Court : Mumbai Nagpur
..... pay the landlord the rent of such land until the amount of purchase price payable by the tenant to the landlord is determined under section 48 of the said act. 11. sub-section (1) of section 41 of the said act dealing with the right of tenant to purchase land, is reproduced below : 41. right of tenant to purchase land. (1) notwithstanding ..... was held by the landlord with effect from the agricultural year next following the date of issue of the certificate, as contemplated by sub-section (14) of section 43 of the said act. 16. section 54 of the said act makes the rights of tenants to be heritable and it runs as under: 54. rights of tenants to be heritable. (1) where ..... continue and remains unaffected. the liability of the tenant to pay land revenue, canal revenue and other cesses also continues. 18. sub-section (14a) of section 43 of the said act was added by section 7 of maharashtra act no.2 of 1962, brought into force with effect from 1-3-1962, and it reads as under: 43. tenant to make .....
Tag this Judgment!Court : Mumbai Nagpur
..... procedure to submit that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent ..... wife was learnt after marriage and thereafter the proceedings have been filed. he at the threshhold points out the difference made in scheme and provisions of section 12[1][c] of act by 1977 amendment. he has taken us through the petition filed by the husband to explain how the fact of playing fraud by suppressing the material ..... came to be transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written .....
Tag this Judgment!Court : Mumbai Nagpur
..... utilization of funds, take steps to safeguard the rights and facilities made available to persons with disabilities plus submit reports to the state government. under section 62 of the act of 1995, the commissioner may on his own motion or on the application of any aggrieved person look into complaints in respect of deprivation of ..... an order in his favour. the management preferred an appeal before the appropriate authority. the assistant teacher, however, filed a contempt application under sections 10 and 12 of the act of 1971 in which the high court directed the charges to be framed. while considering the question whether the director of pre-university education was ..... for handicapped persons. the petitioner sought promotion on the post of forester and on said claim not being accepted, she filed a complaint under sections 62 and 63 of the act of 1995 before the commissioner. by order dated 2-7-2015, the commissioner partly allowed the complaint and directed the chief conservator of forest .....
Tag this Judgment!Court : Mumbai Nagpur
oral judgment: (b.p. dharmadhikari, j.) 1. by this reference under section 256(1) of the income-tax act, 1961 at the instance of the department, following four questions have been referred to this court: whether on the facts and in the circumstances of the case, the i.t. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of wild life is taken. nodoubt that while doing so the state government will have to comply with the condition as required under sub-section (2) of section 4 of the said act so that the rights of forest dwellers scheduled tribes or other traditional forest dwellers are duly taken care of. the petition is, therefore, ..... to stringent conditions regarding rehabilitation of said dwellers. we find that an exercise is required to be undertaken by the state government under sub-section (2) of section 4 of the said act, which is necessary in order to ensure that the wild life is effectively protected and there is no danger to the wild life in ..... in states or areas in states where they are declared as scheduled tribes in respect of all forest rights mentioned in section 3. sub-section (2) of section 4 permits the forest rights recognised under this act in critical wildlife habitats of national parks and sanctuaries to be subsequently modified or resettled. however, the proviso thereof provides .....
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