Court : Mumbai Aurangabad
..... juncture, it is worthwhile to note that vide notification dated 27th august, 2014, the state government in exercise of powers conferred by sub-section (1) and (2) of section 109 of the act of 2013, has framed the rules called, the right to fair compensation and transparency in land acquisition, rehabilitation, resettlement ( maharashtra rules) 2014 ..... principle of reasonableness and quashing such decisions may impose heavy administrative burden and lead to increase in un-budgeted expenditure. shri apte relied on peerless general finance and investment company vs. rbi, 1992(2) scc 343, to contend that the court has to maintain delicate balance between the public interest and individual ..... on judgment of the hon'ble supreme court in the matter of bhaveshd. parish vs. union of india, reported in 2000 (5) scc 471; peerless general finance and investment company limited vs. reserve bank of india, reported in 1992 (2) scc 343, as well as in the matter of pallavirefractories vs. singareni colleries .....
Tag this Judgment!Court : Mumbai Aurangabad
..... can be put and the question here posed does not contradict; it leads to an answer which is contradicted by the police statement. section 145 of the evidence act indicates the manner in which contradiction is brought out. the crossexamining counsel shall put the part or parts of the statement which affirms the ..... , katti without requisite licence, despite issuance of such proclamation by competent authority in this area, and thereby committed an offence punishable under section 4 read with 25 of the arms act, 1959 and within the cognizance of court of sessions. these appeals raise various points for consideration and determination firstly, what are the ..... manner about assault by all accused persons. common object is clearly evident. in such situation, attribution of specific individual overt act has no role to play. all requisite tests to attract section 149 established by prosecution and the contentions raised by appellants therein were rejected and the supreme court upheld the order of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that against such transaction cheque issued, bounced. the matter was relating to private service and not public service and so illustration (f) of section 23 of the contract act could not have been invoked by the trial court. learned counsel for the appellant placed reliance on the judgment in the case of fancis mathew ..... thus complainant demanded money back. then, cheque was issued by accused which, however bounced and then prosecution under section 138 of the negotiable instruments act was filed. 6. the trial court invoked section 23 of the contract act and relied on illustration (f) and has acquitted respondent no.1-accused. 7. i have gone through the ..... court acquitting respondent no.1 - original accused cannot be maintained. according to him, the trial court erred in invoking section 23 illustration (f) of the indian act of 1872, (hereinafter referred to as "contract act" for short). he submits that the complainant has proved that respondent no.1- accused had received money from him for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... c. that it is he, who had given beating to deceased and due to the beating, she died.12) in the case like present the provisions of sections 106 and 114 of evidence act are also available. in view of the number of injuries and nature of injuries, it cannot be said that there was no intention of the accused to ..... recorded. they made allegations that there was ill-treatment to the deceased from accused and the accused had suspicion about her character. the chargesheet was filed for offences punishable under sections 302, 498-a r/w. 34 of i.p.c. against the accused, his parents and other relatives.6) before the trial court, the accused pleaded not guilty ..... police officers in view of the facts and circumstances of this case and the statement given by the accused under section 313 of cr.p.c. the information given by the accused needs to be treated relevant under section 8 of the evidence act. further, on the basis of this information, dead body was recovered by police from the house of accused, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... institution for its categorisation as public authority shall satisfy the test provided under clauses (i) and (ii) of clause (d) of section 2(h) of the act, namely, (i) body owned, controlled or substantially financed; or (ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government. it is contended that petitioner no.2 is not controlled or substantially ..... university grants commission. thus, petitioner no.2 is established under a notification issued by the appropriate government . 7. section 2(a) of the right to information act defines appropriate government in relation to public authority , which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the central government or the union territory administration, the central government. in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... moved second revision before the state government against the said recovery certificate. however, as the second revision was not maintainable in view of the provisions of section 154 of the societies act, the application/second revision of the petitioner came to be negated. 12. it is further noticed that the petitioners preferred writ petition no.4229 of ..... shri markad was not authorized to work in the same capacity, in view of the fact that his appointment was not notified as contemplated under section 156 of the societies act. perusal of the record depicts that respondent no.2 bank has forwarded a proposal to the office of the district deputy registrar, co-operative societies ..... a medical practitioner, has intention to provide latest medical facilities at jalgaon, decided to construct a hospital and for said purpose he was in need of the finance. he approached respondent no.2 bank for sanction of cash credit loan. the petitioner no.1 got cash credit facility upto a limit of rs.98 lakhs .....
Tag this Judgment!Court : Mumbai Aurangabad
..... directions of parishad the said advertisement have been issued then also the proper selection process is adopted, does not prove. 44. in the schedule of rte act read with section 19 and 25, the norms and standard for the school has been mentioned in which there is a reference of part time instructors. in the said schedule ..... door entry, however, in the present case, the appointments were made by the school management committee that too by following proper procedure as prescribed in section 21 of the rte act. 31. the division bench of high court bombay, bench at nagpur has directed to regularize the services of lecturers in different departments of government ..... to the finance commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provided to any state government so that the said state government may provide its share of funds for carrying out the provisions of the act. 5. notwithstanding anything contained in sub-section (4), .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by respondents no. 1 to 9 and their joining the same, abandoning their character of independent councillors, would squarely fall within the mischief of section 3 (2) of mlamd act and considered that this interpretation is the only interpretation which would further the aims and object of the enactment. taking into account aforesaid, dismissal by ..... be then the approach towards interpreting the provisions in such a situation? guidance can be had from three passages quoted herein below: (a) in rbi v. peerless general finance and investment co., ltd., o. chinnappa reddy, j. has observed as follows: 33. interpretation must depend on the text and the context. they are the ..... of the provisions particularly with reference to paragraph no.14 therein which reads thus - 14. it is pointed out by this court in rbi v. peerless general finance and investment co. ltd., 33. interpretation must depend on the text and the context.... neither can be ignored. both are important. that interpretation is best .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the vehicle and the weapon, namely the spanner (wheel pana) kept in the dicky of the said car. the said memorandum statement recorded under section 27 of the indian evidence act is at exh.99. a very serious attack is launched on this aspect of the prosecution case by the learned senior counsel. according to him, the ..... to 2.8.2009. his subsequent conduct of absenting from his regular work place, as a software engineer, will be relevant fact in view of section 8 of the indian evidence act in the present case. 76. the learned senior counsel also submitted that the prosecution evidence in respect of chemical analyser's reports and dna reports create ..... the other cases are not helpful to the case of the appellant and the act of the appellant squarely falls in clause thirdly of section 300 of the indian penal code. consequently, he deserves punishment for the offence punishable under section 302 and not under section 325 of the indian penal code, as suggested by the learned senior counsel. 78 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... secured creditors. in other words, the workmen of the company in winding up acquire the status of secured creditors. pertinently, while inserting section 529-a in the companies act by the companies (amendment) act, 1985, the proviso to sub-section (1) of section 529 was also inserted which provides that the security of every secured creditor shall be deemed to be subject to a pari ..... shall abate in equal proportions] the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 1. .... 2. .... 13. enforcement of security interest. (1) ........ (2) ........................ (9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any .....
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