Judgment Search Results Home > Cases Phrase: guilty plea Court: mumbai Page 14 of about 33,738 results (0.065 seconds)

Air India Ltd. Vs. N.P. Wadkar

Court : Mumbai

Reported in : 2001(3)ALLMR755; 2001(3)BomCR420; [2001(90)FLR782]; (2001)ILLJ1150Bom

..... held; (ii) whether a prima facie case for dismissal based on legal evidence adduced before the domestic tribunal is made out; (iii) whether the employer has come to a bona fide conclusion that the employee was guilty and the dismissal did not amount to unfair labour practice and was not intended to victimise the employee regard being had to the position settled by the decisions of this court in bengal bhatdee coal co. v. ..... on most of the occasions he pleaded guilty, apologized and promised to behave better. ..... sometimes he put up a plea in defence and asked the appellant what difference did it make to the appellant if he was drunk provided his work was not affected. .....

Vasantkumar Jivrambhai Majithia Vs. State of Maharashtra (at the Insta ...

Court : Mumbai

Reported in : (2005)107BOMLR1149; 2006CriLJ1135

..... section 252 further provides that if the accused pleads guilty, the magistrate is required to record his plea. ..... section 251 of the said code which deals with the procedure of summons case provides that the particulars of the offence alleged against the accused shall be stated to him and shall be asked whether he pleads guilty or has any defence to make. ..... it is pertinent to note that the roznama does not record that the petitioner pleaded guilty or that he tendered apology. .....

ishwar Das Pauls Rao Ingle Vs. General Manager, Maharashtra State Rts ...

Court : Mumbai

Reported in : II(1992)ACC346

..... the conclusion i may say that there may exist a duty of the plaintiff to take reasonable care of himself so that he may not be held guilty of contributory negligence, still the existence of duty owed to the defendant is not compulsory ..... such a case, the court has power to apportion the loss between the parties, who can be held guilty of negligence by act or omission on their part as it deems just and equitable ..... . the court held that:the passenger was not guilty of contributory negligence, because it is a part of the duty of the drivers while overtaking or crossing other vehicles to see that sufficient distance is left between the vehicles so that they are not likely to hurt any ..... bus, the learned trial court wrongly held him guilty absolving the bus driver and other defendants from ..... is an expression which implies that the person who has suffered damage is also guilty of some negligence and has contributed towards the damages ..... negligence and when it is a breach of duty to take care arising out of circumstances of a particular case, it may be termed as actionable negligence.contributory negligence is an expression which implies that the person who has suffered damage, is also guilty of some negligence and has contributed towards the damage ..... . in order that a plea of contributory negligence may be successful, it must be shown either that there was negligence on the part of the plaintiff which contributed to the accident and that the defendant could not by using ordinary care .....

Nandkishor Rampal Lohiya and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 2001CriLJ2742

..... after framing of charge, if the accused pleads not guilty, the magistrate is required to proceed with the trial in the manner provided in sections 254 to 258 to a logical end. ..... section 229 of criminal procedure code empowers the judge to record order of conviction on plea of guilty. ..... after framing the charge and after recording the plea of the accused, the sessions judge is required to follow the procedure contained in sections 229 to 235 of criminal procedure code. ..... in the instant case, the petitioners pleaded not guilty to the charge and claimed to be tried. ..... the accused pleaded not guilty to the charge and claimed to be tried.9. .....

Divisional Controller, M.S.R.T.C. Chandrapur Vs. Giridhar Raghunath De ...

Court : Mumbai

Reported in : 1995(4)BomCR646; (1996)IIILLJ638Bom

..... contended that in one year's service, the respondent has indulged into misconduct of misappropriation three times and twice before the present incident, the respondent was found guilty of the misconduct of misappropriation of the petitioner corporation's funds and, therefore, punishment of dismissal was just and proper which has wrongly been set aside by the labour ..... the division bench of gujarat high court in gujarat state road transport corporation' case (supra), was also concerned with the case of workman who was found guilty of misconduct for the first time and in that background, it was found that the order passed by the labour court was not unreasonable or perverse and no interference ..... if despite opportunities he does not improve and continues to do misconduct for which he has been hold guilty and punished earlier and cannot repeatedly get out of just punishment by setting up a plea that he belongs to a weaker section of society and if the order of dismissal is maintained he ..... in the present case, twice before the present incident, employee was found guilty of misconduct and the modest punishment was awarded but still the employee continued to do misconduct and, therefore, the decision in scooter india limited's case (supra ..... passenger travel without tickers or not to issue tickets to the passengers who had paid him the fare and misappropriate the amount when he was already found guilty of such misconduct 3-4 times earlier and in all 12 times before the present misconduct'. 14. .....

Shamrao Vs. State of Maharashtra

Court : Mumbai

Reported in : I(2005)DMC364

..... 5) found that sangita was subjected to cruelty and as she admittedly committed suicide on account of cruelty meted out to her by appellant, he was found guilty for offences under sections 498-a and 306 of indian penal code, and in keeping with these findings, the learned trial judge convicted and sentenced the appellant ..... framed and the appellant, when his plea was recorded, pleaded not guilty to the charge and claimed to be ..... of the matter, it has to be said that the trial court has committed an error in holding the appellant guilty for offence under section 306 of indian penal code.16. ..... this conduct exhibited by appellant stands militating against the guilty intention of a culprit and it shows that he did not intend that she ..... when the harassment was invited by the victim herself because of her peculiar conduct and nature, in all probability, no intention could be attributed to the appellant, nor it could be said that the appellant was guilty of wilful conduct for causing harassment to the victim. ..... then appellant's conduct in trying to extinguish the fire with the intention to save sangita is a circumstance which militates against impugned intention and alleged wilful conduct and, therefore, he cannot be said to be guilty of offence under section 306 of indian penal code.8. ..... submitted that once that element of cruelty as contemplated under section 498-a of indian penal code is not established, the appellant cannot be found guilty merely because sangita admittedly committed suicide. .....

Rafia Sultana D/O Iqbal Ahemed Khan Vs. Mohd. Osman S/O Mohd. Ismail a ...

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. .....

Arjun Kashinath Badade Vs. Director General, Water and Land Management ...

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. .....

Emperor Vs. William Cooper

Court : Mumbai

Reported in : (1930)32BOMLR747

..... justice ayling drew a distinction between a trial before a sessions court where a person pleads guilty at the outset and is convicted on his plea and cannot be tried jointly with others against whom the trial proceeds and the trial before a magistrate. ..... crime and implicated their co-accused in statements made under section 342 of the criminal procedure code and after their statements had been recorded and the evidence for the prosecution closed had pleaded guilty under section 255 (1) of the criminal procedure code. ..... 3 on his own showing is guilty of the offences charged against him. ..... he pleads guilty and prays for mercy. ..... 3 pleaded guilty to all the charges and has inculpated himself and the other accused in the commission of the offences by his statement before the trial magistrate.2. ..... 53 confessions at the trial by one accused incriminating another were held inadmissible on the ground that the accused making the confession had pleaded guilty. .....

Emperor Vs. Ahmad Ebrahim

Court : Mumbai

Reported in : AIR1935Bom37; (1934)36BOMLR1126

..... the learned magistrate did record evidence in that case but he convicted the accused, not on the evidence, but on his plea of guilty, and in fact the accused did not plead guilty. ..... therefore, the learned magistrate was wrong in convicting the accused on his plea of guilty. .....