Court : Mumbai Nagpur
..... the appellant pleaded not guilty vide his plea exhibit 6. 5. ..... the learned trial court however rejected the plea on the ground that offence punishable under section 307 of the indian penal code is not compoundable. 13. .....
Tag this Judgment!Court : Mumbai Nagpur
..... they pleads not guilty. ..... plea of accused nos.1 to 4 recorded. .....
Tag this Judgment!Court : Mumbai Nagpur
..... continuing his submissions mr gilda learned counsel for the respondents argued that the lower appellate court correctly found that the plea set up by the tenant clearly amounted to forfeiture of tenancy and the said plea was not at all bona fide and, on the contrary, affect the interests of the landlord and, therefore, the tenancy was forfeited. ..... the appellant cannot be thus allowed to approbate and reprobate and, therefore, he could not be allowed even to take a stand that he would not be guilty of the vice provided by section 111(g) of the t.p. ..... said point regarding jurisdiction of the court was never raised or opposed anywhere in the courts below and the landlord who has not been successful in getting her shop premises, would be seriously prejudiced if such a plea allowed for the first time in the second appellate jurisdiction. ..... the landlady having lost the rent control application, went to the civil court pleading forfeiture of tenancy as aforesaid, but the plea was taken that section 111(g) of the t.p. ..... if such a plea is accepted then no remedy is available to her in law. ..... (iv) the plea about want of jurisdiction of the civil court raised for the first time before this court based on the division bench judgment of the m.p. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it appears that though a separate order has not been passed by the learned trial judge, the plea of the appellant was not accepted by the learned trial judge considering the serious nature of the offence and therefore, the trial had proceeded further. ..... the appellant had pleaded guilty to the charge. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , (supra) is again a division bench judgment of this court which holds that the order of reference before it was so wide that parties were free to adduce appropriate evidence to substantiate their respective pleas. .....
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1. this appeal is directed against the judgment and order dated 18/8/2012 passed in claim petition no.25 of 2006 by motor accident claims tribunal-2, nagpur. 2. the facts of the case may be stated in brief as under.: respondent no.1 and respondents no.2 and 3 are respectively the wife and parents of the deceased pramod gadbail and respondents nos.4 and 5 are respectively owner and the driver of the offending vehicle scorpio make bearing registration no.mh-31 bb 5489, which was insured with the appellant at the time of the accident. on the fateful day i.e. on 10/12/2005 the said scorpio vehicle gave dash to the cycle of deceased pramod as a result of which, deceased pramod suffered injuries to which he later on succumbed in the hospital. according to respondents no.1 to 3, the accident had occurred due to rash and negligent driving of the said vehicle and, therefore, they filed claim petition against respondents no.4 and 5 and also against the appellant claiming compensation from them. 3. the petition was resisted by the appellant on the grounds, amongst others, that respondent no.5 was not holding valid and effective driving license to drive the offending vehicle at the time of accident and, therefore, there was breach of the terms and conditions of the insurance policy, thereby absolving the appellant from its liability to pay any compensation in the matter. 4. the tribunal, upon consideration of the evidence brought on record, found that there was substance in the defence .....
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..... however, the learned judges of the division bench, though noticed that the two members out of three found the employee not guilty, failed to appreciate that the said findings by the two members of the committee were submitted after the expiry of the period prescribed under rule 37(6). ..... the employees were, therefore, guilty of clearly protracting the enquiry with ulterior motive. ..... provided firstly, that the plea of incompetence shall not be used against the party of the first part after he has served the part of the second part for five years or more. ..... upon completion of enquiries against them, they were found guilty of majority of charges. .....
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:this petition filed under articles 226 and 227 of constitution of india filed by an assessee challenges the order dated 06.09.2010 passed below exh. 14 in miscellaneous appeal no. 167 of 2010 by district judge 3, nagpur, refusing to grant stay to the assessment and levy of property tax by nagpur municipal corporation. the said appeal has been filed by the petitioner under section 130 of the city of nagpur corporation act, 1948, (hereinafter referred to the act) and is still pending. on 16.09.2010, while issuing notices, the petitioner was directed to deposit an amount of rs.18,67,320/ with the registry of this court and accordingly that amount has been deposited. according to the petitioner, corrected tax works out to rs.18,67,320/ and that was already paid by it. this amount was in addition to that amount already paid.2. shri m.g. bhangde, learned senior advocate with shri r.m. bhangde, advocate for the petitioner has urged that refusal to grant stay on the ground that provisions of section 130 of the act does not confer that power upon the appellate court is misconceived. in the alternative, the learned senior advocate has also contended that this high court can in present writ petition grant such interim stay to the petitioner.3. shri kaptan, advocate for the respondents has not disputed the powers of this court to grant stay in present matter in writ petition, however, according to him, such power is not available in the scheme of section 130 of the act. he, therefore, .....
Tag this Judgment!Court : Mumbai Nagpur
..... however, the learned judges of the division bench, though noticed that the two members out of three found the employee not guilty, failed to appreciate that the said findings by the two members of the committee were submitted after the expiry of the period prescribed under rule 37(6). ..... the employees were, therefore, guilty of clearly protracting the enquiry with ulterior motive. ..... provided firstly, that the plea of incompetence shall not be used against the party of the first part after he has served the part of the second part for five years or more. ..... upon completion of enquiries against them, they were found guilty of majority of charges. .....
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..... the enquiry committee constituted recorded a finding that the incident as alleged was fully proved and delinquents were guilty of misconduct there being no reasonable explanation given by them. ..... the management cannot therefore be now allowed to take technical pleas so as to deny the appellants' benefit of being confirmed employees; iv] that the approval granted by the university in case of each of the appellants being subject to government resolution dated 22/12/1995. ..... it amounts to rewarding the dishonest and the guilty and thus to stretching the concept of justice to illogical and exasperating limits. ..... provided firstly, that the plea of incompetence shall not be used against the party of the first part after he has served the part of the second part for five years or more. ..... the management raised a plea that the teacher was not entitled to the rights mentioned in the schedule as the agreement prescribed in schedule-a had not been executed. .....
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