Court : Mumbai Nagpur
..... to prepare bills for payment of arrears of salary. while, during the period between november and december, 1985, present accused padmakar dandekar was working in finance section which was not at all concerned with preparation or passing of the bills for the amount payable to the complainant. there was no evidence on record ..... , the case proceeded against solitary accused padmakar dandekar. padmakar dandekar denied having committed the offences punishable, as alleged, under the prevention of corruption act, 1947 r/w. sections 161 and 120-b of the indian penal code. 6. the question for determination which arose in the trial court was whether the prosecution ..... illegal gratification and explanation given by the accused ought to be considered on the touchstone of probability. regarding the statutory presumption under the prevention of corruption act, it is submitted that when two views are possible from the evidence on record together with defence explanation if acceptable, one in favour of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... association vs. state of maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. ..... by the state government payabhut samiti of the cabinet, officials of planning commission of government of india; ministry of surface transport, government of india; ministry of finance and particularly ppp cell of the said ministry, before finalizing / approving the project cost of rs. 456.51 crores. the state government in its affidavit ..... works division no. 1, chandrapur, communicated to the qualifying bidders about change in the cost of project. public private participation cell (ppp) of ministry of finance, government of india, in the meeting of empowered institution held at new delhi on 02.02.2009, granted approval in principle for the project cost to the .....
Tag this Judgment!Court : Mumbai Nagpur
..... to prepare bills for payment of arrears of salary. while, during the period between november and december, 1985, present accused padmakar dandekar was working in finance section which was not at all concerned with preparation or passing of the bills for the amount payable to the complainant. there was no evidence on record ..... , the case proceeded against solitary accused padmakar dandekar. padmakar dandekar denied having committed the offences punishable, as alleged, under the prevention of corruption act, 1947 r/w. sections 161 and 120-b of the indian penal code. 6. the question for determination which arose in the trial court was whether the prosecution ..... illegal gratification and explanation given by the accused ought to be considered on the touchstone of probability. regarding the statutory presumption under the prevention of corruption act, it is submitted that when two views are possible from the evidence on record together with defence explanation if acceptable, one in favour of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... enforcement of exhibit-156, it is apparent, that the said contention is misconceived. the defendants/land owners have invited our attention to the provisions of section 50 of the registration act, to urge that in such situation, registered documents like exhibit nos. 136 to 141 only take effect and must be given primacy as against unregistered ..... document at exhibit-156. we do not find it necessary, to delve on that aspect while considering this issue. the impact of section 50 of the registration act is being considered while resolving point no.4, mentioned supra. however, the original time schedule as envisaged in paragraph no.2 of registered agreement ..... on 14.01.2005. similar arguments on helping hand provided by the plaintiff to the defendants to repay their loans to the state bank of india, sicom, maharashtra state finance corporation, etc. are not relevant. as to point no. 5:--- 62. we briefly refer here to the other judgments cited by adv. dangre. (2015) 1 scc .....
Tag this Judgment!Court : Mumbai Nagpur
..... by 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 discretion ..... , the mother of the accused wanted to purchase tvs scooty as well as motorbike of honda company. however, since she was not in a position to get the finance, the said vehicles were purchased in his name. however, the repayment of the loan was made by the mother of the accused. it is to be noted that ..... on circumstantial evidence is very well crystallized by their lordships of the apex court in the case of sharad birdhichand sarda .vs. state of maharashtra reported in air 1984 sc 1622. it will be appropriate to refer to the following observations of their lordships in paragraph nos. 152 and 153 of the judgment, which read as under .....
Tag this Judgment!Court : Mumbai Nagpur
..... the accused no. 1 and 2 in the charge-sheet filed against them by the anti corruption bureau, nagpur, for the offence punishable under section 13(2) read with section 13(1)(e) of prevention of corruption act and under section 109 of indian penal code. 3. applicant no. 1, who is now dead and who was accused no. 1, was the husband of ..... assessment year 2000-2001 the total income earned was of rs.1,40,192/-. this would only show that the applicant or accused no. 2 was capable of acquiring self financed assets in her own name. at least, some of the assets shown in the charge-sheet , as standing in her name, could have been acquired by her by using ..... 's income. 13. i have perused these income tax returns filed on record by the applicant which are for the previous years, and which start from the assessment year 1983-1984. these are public documents and, therefore, as held in the cases of rukmininarvekar v. vijaya satardekar and ors. (air 2009 sc 1013) and harshendrakumar d. v. rebatilata koley and .....
Tag this Judgment!Court : Mumbai Nagpur
..... guru file their nominations, to oppose them if they are being considered and accepted, on the ground that the proviso below clause (b) of sub section 1 of section 78 of the act, would not enable these persons to contest the election as they are not eligible for being re-elected/re-nominated/re-co-opted as member of the ..... i.e. sought in the writ petition. there is every likelihood that on account of certain arrangements inter se and the subsequent developments, the orders under section 78(1) of the act may be quashed and set aside. to oppose said course and to prevent the disqualification proceedings being reduced to a nullity, that the applicant sought his joinder ..... court and yet a prayer for joinder is made. the submission, that authorities have considered the report of the committee constituted, on which one of the member is finance expert and reliance was placed on that report is also noted but the learned judge proceeds to make comments even with regard to that report. we do not find .....
Tag this Judgment!Court : Mumbai Nagpur
..... (2) mh. l.j. 829. lastly, he has pointed out that suit as filed before the small causes court was not maintainable in view of the provisions of section 58(2) of rent act. he points out that the proceedings were already filed before the rent controller under clause 13(3)(vi) of c.p. & berar letting of premises and rent control ..... no. 1 upheld the finding of trial court insofar as the bonafide need is concerned. from para 8 onwards of judgment, it has considered the requirement of section 16(2) of rent act i.e. who would be put to greater hardship if the suit is or is not decreed. in para 8 it has only explained the legal position and ..... tenanted one and landlord can always demand to shift to his own shops. the fact that landlord had experience of said business, had necessary man power and also necessary finance has been established on record. the landlord is the best judge of his own needs and hence landlord filed the proceedings before rent controller in 199899 against the tenant wamanrao .....
Tag this Judgment!Court : Mumbai Nagpur
..... been misappropriated and ample material having been found against the applicants, the sanction of competent authority of ministry of coal was sought as per section 19 of the prevention of corruption act and the competent authority, after considering the material, has granted sanction to prosecute the applicants. it is submitted that the learned additional sessions ..... of ballarpur area does not show financial loss due to shortage of coal or theft of coal. the communication issued by the area finance manager ballarpur area dated 29th november, 2013 is pointed out to show that financial loss is not shown in the books of account/balance sheet/profit ..... learned additional sessions judge, have filed this revision application. 5. shri khajanchi, learned advocate for the applicants has pointed out the communication issued by the area finance manager, ballarpur area on 25th may, 2013 stating that the balance sheet of 31st march, 2011 or profit and loss account for the period 2010-2011 .....
Tag this Judgment!Court : Mumbai Nagpur
..... view that the range forest officer is not a police officer, a confession made before the range forest officer would not be a confession under section 25 of the evidence act and would at best be akin to an admission or former statement of a witness suggesting an inference as to a fact in issue or relevant ..... that there is available on record overwhelming evidence indicating prima facie involvement of the applicant in the offences registered against him. the material indicates that the applicant had financed the operation for poaching of tigers in maharashtra including one tiger poached in melghat forest situated in amravati district, which is the subject matter of the present crime ..... in support, he has placed his reliance upon the law laid down by the honble apex court in the cases of bhagirathsinhjudeja vs. state of gujarat, reported in air 1984 supreme court 372(1) and sanjay chandra vs. central bureau of investigation, reported in (2012) 1 scc 40. 7. in the case of sanjay chandra, the .....
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