Court : Mumbai Aurangabad
..... 34 of the ipc and as per the judgment and order dated 15th january, 2011, after holding the petitioner guilty for the said offences, on accepting plea of being guilty made by the petitioner, allowed the petitioner to go home with an advice not to involve in any other offence in future, vide clause (a), subsection (1), of section 15 ..... a short but important question that is involved in this writ petition is whether the order passed by the juvenile justice board holding a juvenile in conflict with law guilty of the offences punishable under sections 324, 323, 504, 506 read with section 34 of the indian penal code would be a disqualification for him to join the ..... it is stated that the juvenile justice board is equally the court of law, the petitioner has pleaded guilty before the said board for the above mentioned offences and accordingly, he has been convicted as per the judgment and order dated 15th january, 2011 ..... principal judge accepted his plea of being guilty and passed the following ..... in conflict with law namely kailas sambhaji lohakare is held guilty for committing the offence punishable u/ss.324, 323, 504, ..... (1) of section 19 would provide the juvenile in conflict with law found guilty of an offence an opportunity to amend and regulate his delinquency. ..... to consider the candidature of the petitioner for his enrolment into the army on its own merits and should not reject it merely on the ground that the petitioner was held guilty of certain offences by the juvenile justice board. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... state of maharashtra (1973) 2 scc 793 : (air 1973 sc 2622) where the following observations were made: "certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions. ..... so far as the presence of accused nos.1 and 3 is concerned, it is required to be noted that they have come out with a plea of alibi and so as to substantiate the same, they have examined witnesses in support of their defence. ..... according to him, even if the plea of alibi as was raised was not sufficiently established, that could be an additional circumstance for inferring the guilt of the accused, but merely because the plea of alibi was not established, the accused cannot be held guilty. ..... a judge also presides to see that a guilty man does not escape. ..... according to him, the plea of alibi is a positive plea, which was required to be raised at first instance. ..... failure to prove the plea of alibi and/or giving of false evidence itself may not be sufficient to arrive at a verdict of guilt; it may be an additional circumstance. ..... " (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. ..... 3 for the purpose of taking his wife to hospital may not by itself be a ground for holding him guilty. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... but, if the order of even the highest court of the land is allowed to be wilfully disobeyed and a person found guilty of contempt is let off by remitting sentence on plea of mercy, that would send wrong signals to everybody in the country. ..... of action or inaction on the basis of the representation of such a party and the court ultimately finds that the party never intended to act on such representation or such representation was false, even then the party would be guilty of committing contempt of court. ..... ismail is held guilty of having committed civil contempt and is ordered to suffer imprisonment in terms of section 12 of the contempt of courts act, 1971 for a period of three months simple imprisonment and to pay a fine of rs. ..... the supreme court held the tenant guilty of contempt. ..... capital of rs.9.25 crores from united bank of india; that ncfl had invested rs.20 crores towards promotion contribution which was much more than amount contemplated in phase i of the scheme and held that respondents cannot be held guilty of contempt. 62. ..... chabra, chief general manager, rehabilitation finance department, industrial development bank of india were guilty of contempt. 60. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... not admitted any of the articles of charge in his written statement of defence, or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if the pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain signature of the government servant thereon. ? 15. ..... it is, thus, clear that hemant kumar in the above case has not only pleaded guilty, but has admitted of committing a fraud with reference to the saving bank accounts of two persons, namely, shivani and lt. ..... , as has been rightly submitted by shri muley that this was the best method of confronting the petitioner of calling upon him in the enquiry to make a statement as to whether, he desires to plead guilty or admit some of the articles or he intends to take a defence against all the articles of charges. 17. ..... the enquiry officer had found him guilty on the basis of the evidence ..... he appeared before the enquiry officer and once again made a statement before the enquiry officer that he was pleading guilty and admitted the charges. 24. ..... of the articles of charges in his written statement of defence or has not submitted any written statement of defence, he can appear before the enquiry officer and the enquiry officer can ask him, whether, he is guilty of the charges levelled upon him or as to whether, he would prefer to plead guilty or take up a defence. 16. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the accused appeared in the said case and his plea was recorded and he pleaded not guilty. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... plea of the accused was recorded and accused pleaded not guilty and claimed to be tried. ..... however, the defence of the accused was not accepted by the learned trial court and he was found guilty, and accordingly, was convicted and sentenced as mentioned herein above by the judgment and order dated 27.2.2009. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he pleaded not guilty. ..... plea of the accused has been recorded at exh.14. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... accordingly, their plea has been recorded. ..... the accused pleaded not guilty. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... after scrutinizing and appreciating the evidence on record, the learned trial judge arrived at the conclusion that the accused is not guilty of the charge levelled against him, and therefore, acquitted him under section 138 of the negotiable instruments act, 1881 by way of judgment and order dated 22.3.2007.5. ..... therefore, in that view of the matter, the lower court was in error in recording the finding that the respondent was not guilty and acquitted him, considering the following observations made in para 15 of the judgment in the case of varghese vs c.k.ramani, reported at 1998 cri.l.j. ..... "hence, when if the learned trial court found that it had no jurisdiction to entertain and try the said complaint/case, the finding recorded by it acquitting the respondent (original accused) not guilty and to acquit him is not justified. ..... therefore, in that view also the lower court was in error in finding the respondent not guilty and acquitting her............. .................. .............. " 12. ..... 15 even if the lower court found that it has no jurisdiction to try the case, it is not at all justified in finding the respondent not guilty and acquiting her. ..... he pleaded not guilty and claimed to be tried. 3. ..... thereafter, the learned judicial magistrate, first class, jalna took the cognizance and passed the issue process order against the accused on 30.6.2006 and accused appeared in the said case and his plea was recorded. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... therefore, on the basis of evidence brought on record and after appreciating the rival contentions in para 28, the special court held that, both the accused are guilty of the offence punishable under clause 26 of the drugs (prices control) order, 1987 r/w. ..... considering the foregoing discussion, i have no hesitation in holding that both the accused are guilty for offence punishable under clause 26 of the drugs (prices control) order, 1987 r.w. ..... they entered plea of not guilty. ..... have substantiated plea in this behalf 5. .....
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