Judgment Search Results Home > Cases Phrase: guilty plea Court: mumbai Page 9 of about 33,738 results (0.043 seconds)

Sandeep Indravadan Sagar and Others Vs. State of Maharashtra and Other ...

Court : Mumbai

..... to the petitioner, a rubber stamp had already been put on the back side of the charge-sheet , the impression whereof read as under: charge explained accused pleads guilty voluntarily order on his plea of guilt, accused is convicted and sentenced to pay fine of rs........... ..... 12 january 2009, when the applicant attended the court of the special metropolitan magistrate, dadar, the applicant's name was called out, and he was asked whether he pleaded guilty to the charge of an offence punishable under section 185 of the m.v. ..... summary cases in which the accused persons plead guilty, remand cases and for accepting the sureties. ..... accused needs some time to go through the charge-sheet and, therefore, prays for a postponement of the recording of plea, the magistrate should ordinarily grant such request. ..... it would be for the magistrate to decide whether the plea of an accused should be recorded immediately thereafter, or whether it should be postponed to some other date; but if the accused needs time to go through the charge-sheet , the magistrate should grant ..... certainly, if an accused would plead not guilty, the rubberstamp impression would have no meaning and would be cancelled by ..... because it appears that in all these cases without furnishing the copy of the so-called 'charge-sheet', the applicants/petitioners were asked whether they were pleading guilty to the accusation of the said offence. ..... as the petitioner did not plead guilty, the case (9610/ps/2010) was sent to 'regular court' for .....

Budha Dattu Umavane Vs. State of Maharashtra

Court : Mumbai

Reported in : 1985(1)BomCR508

..... sullivan was put on probation for three years on his plea to guilty to assault subject to the condition that during that period he submitted to treatment under the direction of dr. ..... the acceptance by the judge and the prosecution of a plea of guilty to assault occasioning actual bodily harm might accordingly be said to have been illogical but merciful. ..... we regret that on these facts the appeal has to be dismissed but dismissed it must be as neither the plea of insanity nor that of accidental loosening of the grip over the axe handle can survive, appeal dismissed.17. ..... as we have already said, this appellant could have sought a verdict of not guilty by reason of insanity. ..... a similar plea though predicated on a different disease of automatism was raised by bailey (1983) 1 wlr 760. .....

Ganesh Shrawan Chaudhari Vs. State

Court : Mumbai

Reported in : (1969)71BOMLR643; 1970MhLJ75

..... at the trial the defence taken on behalf of the accused was one of insanity under section 84, indian penal code, we shall deal with the plea of the accused that at the date of the trial he was of unsound mind and, therefore, incapable of defending himself and with his defence of ..... opinion, this was quite natural for the accused in view of the fact that he had pleaded guilty before the learned committing magistrate as well as before the learned trial judge. ..... same day, he also framed a charge under section 302 against the accused to which the accused pleaded guilty after the same had been read and explained to him. ..... state of gujarat : 1964crilj472 where the supreme court observed that when a plea of legal insanity is set up, the court has to consider whether at the time of the commission of the offence the accused by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was ..... apart from this evidence, the accused has pleaded guilty not only before the learned committing magistrate, but also in the ..... 12, 1968, the accused had signed a vakalatnama in favour of a pleader while the accused was in prison and this vakalatnama was filed in court on september 4, 1968, a day earlier than the learned magistrate recorded the plea of guilty. ..... the accused had pleaded guilty to the charge against ..... after rejecting the application under section 465 of the criminal procedure code that the learned judge framed the charge, recorded the plea of the accused, appointed mr. .....

Premanand Shridhar Kulkarni Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1984(1)BomCR561

..... the learned magistrate by his order dated 9th february, 1983 held that in view of the fact that the petitioner had already pleaded guilty on 17th august, 1983 before his predecessor, he had no power to record his plea for the second time. ..... which requires the plea of guilty to be recorded as nearly as possible in the words used by the ..... 11th january, 1983, the petitioner made an application before magistrate tekade submitting that he had not pleaded guilty, and that in any case the said plea was not voluntary. ..... thereafter, on 23rd june, 1983, the learned magistrate accepted the plea of the petitioner dated 17th august, 1981 as voluntary and convicted and sentenced him on its ..... indeed if shri patil was satisfied that the petitioner's plea was voluntary, nothing had prevented him from proceeding to convict and sentence him on its strength on 17th august, 1981 ..... is difficult to appreciate how he could satisfy himself about the voluntariness or otherwise of a plea which was recorded by his predecessor symbolically as 'p.g.'. ..... here as the admitted facts are, the plea of the guilt was recorded by shri patil as early as on 17th august, 1981, and shri tekade has passed the order of conviction about two years later, ..... will be bold to pretend that the record provides enough materials to the successor magistrate to hold that the plea recorded by his predecessor was voluntary. ..... the cryptic fashion in which the plea is recorded is clearly contrary to the letter and spirit of section 252 of the cri .....

Shri Gulab Karim Shaikh Vs. State of Maharashtra

Court : Mumbai

Reported in : 2001ALLMR(Cri)1283; 2001(5)BomCR57

..... mundargi therefore prays that the matter be remanded back to the learned magistrate to proceed in accordance with law, as the plea recorded by the magistrate is illegal and violates the spirit of the constitution.4. ..... it appears that the accused pleaded guilty of the charge, when his plea was recorded. ..... mundargi, appearing for the petitioner has submitted that when he pleaded guilty to the charge, he was shown allurement by the police constable on duty that he would be let off with a light sentence if he pleaded guilty, and therefore, when he was produced before the magistrate, he pleaded guilty. mr. ..... when he was produced before the learned magistrate, he was asked whether he was pleading guilty to the charge, and he pleaded guilty to the same. ..... state of gujarat, wherein, the supreme court has expressly condemned the practice of plea bargaining and recording the plea of guilt by the accused on showing them some allurement and thus, inducing them to confess to a plea of guilt. mr. ..... accordingly, his plea of guilt was recorded and the learned magistrate accepted the said plea and convicted him under section 185 of the motor vehicles act and sentenced him to pay a fine of rs. ..... therefore there is indication to draw inference that what the petitioner has averred is true, and that, some allurement was shown to him to record the plea of guilt. .....

Sima Exports Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(119)ELT65Tri(Mum.)bai

..... i do not find any reason to accede to the plea of reduction in the penalties imposed upon mukesh mehta and jayantilal mehta inasmuch as their guilty mind is very clearly shown on the record. ..... on this ground there is some merit in the plea of reduction of penalty on the firm m/s. ..... the plea of very high demurrage does not make for a reduction in this quantum.12. .....

Jehangir Muncherji Lali Vs. B.B. and C.i. Railway Company

Court : Mumbai

Reported in : (1913)15BOMLR252

..... his own part, directly contributed to the injury in the sense that it formed a material part of the effective cause thereof, when this is proved, the plaintiff's negligence is said to be contributory...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, have ..... in law is considered contributory negligence, sufficient to prevent an injured plaintiff from recovering, and then to apply those principles to the facts of each particular case and ascertain whether the plaintiff is himself guilty of that negligence which in law is styled 'contributory negligence' and whether that of itself is such as would disentitle the plaintiff from recovering damages in respect of the injuries sustained by him.14. ..... out of the window during the whole time that he passed seven bogey carriages until he came to the eighth carriage from the door of which he received the injuries he complains of, he was guilty of negligence which directly contributed to the injury and that such negligence formed a material part of the effective cause thereof.18. ..... they wrote to the plaintiff's attorneys informing them that the company had decided not to continue the defence of the suit on the ground that they had not been guilty of negligence, and that they accordingly withdrew their plea of non-liability for negligence as raised in para. .....

Manibhai Tulsibhai Patel Vs. the Municipal Corporation of Greater Bomb ...

Court : Mumbai

Reported in : (1964)66BOMLR677; 1965MhLJ458

..... cases, however, the question was not whether the tenant or occupier who actually tethered his cattle was liable but whether the landlord in whose stables milch cattle had been allowed to be tethered was guilty of the offence under section 394(1)(c) of the old city of bombay municipal act, 1888, which is in pari materia with the present section 394(1)(c) of the bombay municipal corporation act, and in ..... parikh, these petitioners did not really understand the nature of the charge that was framed against them and they really did not want to plead guilty as has been recorded by the learned magistrate in the proceedings, one fails to understand how after the sentences were pronounced, they immediately carried out those sentences by ..... pleader, contended that these revisional applications on merits are not maintainable inasmuch as each one of the petitioners had pleaded guilty to the charges that were levelled against them and that plea was accepted and thereafter they were convicted and sentenced. mr. ..... to mean a landlord who keeps his own cattle on the premises or a landlord who allows his tenants or licensees to keep their cattle on the premises, and if he does so without the requisite licence, he would be guilty under section 394(1)(c) read with section 471 of the act. ..... the requisite licence, the petitioners who were tenants of the several hooks in these stables and were tethering their cattle in those stables would not be guilty under section 394(1)(c) read with section 471 of the act. .....

Chandrakant Ratilal Mehta and Others Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1993(3)BomCR99; 1993CriLJ2863

..... for the appellants contend that not only would this totally disqualify the accused from any credibility in the eye of the court but more importantly, that the accused cannot be held guilty of a criminal offence which the complainant has virtually induced them into. ..... finally pleaded guilty and he was convicted on his plea and fined ..... the learned trial judge found the appellants guilty of the charges and convicted and sentenced them to varying terms of imprisonment as also to ..... diwanji, who had pleaded guilty to the charges was ..... placed on record a detailed application as also requisite material in support of his plea that he was an elderly person suffering from a large number of medical complaints and consequently, prayed for leniency, which plea was accepted by the court. ..... learned counsel on behalf of the appellants, not so much with regard to the time factor but as regard the request that they must be treated on par with the original accused diwanji who had pleaded guilty and on whom a fine of rs. ..... they also advanced the plea that the trauma and the pressure of the trial and of the long period during which the appeal has been pending have only aggravated the mental and physical conditions of ..... he has pleaded guilty to the charges which is a circumstance which i cannot ignore and has got away ..... contested the matters that it was unfair on the part of the learned trial judge to have awarded the present appellants heavier sentences than what was given to the person who pleaded guilty. ms. .....

M.Y. Shareef and Anr. Vs. Hon'ble Judges of the Nagpur High Court and ...

Court : Mumbai

Reported in : 1955CriLJ133

..... guilty of contempt.as regards the plea of error of judgment, this is what the learned judges said:the attitude of defiant justification adopted by them in spite of our pointing out at a very early stage in these proceedings that we would be prepared to consider any mistake on their part renders it difficult for the court to accept the belated plea ..... containing matter scandalizing the court without reasonably satisfying themselves about the prima facie existence of adequate grounds therefor, with a view to prevent or delay the course of justice, are themselves guilty of contempt of court, and that it is no duty of a counsel to his client to take any interest in such applications; on the other hand, his duty is to ..... cases even a qualified apology may well be considered by a court.in border line cases where a question of principle about the rights of counsel and their duties has to be settled, an alternative plea of apology merits consideration; for it is possible for a judge who hears the case to hold that there is no contempt in which case a defence of unqualified apology is meaningless, because that ..... the opinion that the unqualified apology was sufficient to purge the contempt committed by the two appellants as we have reached the conclusion contrary to that arrived at by the high court that the plea of justification in this case did not amount to contumacy.it has also to be kept in view that condemnation for contempt by a high court of senior members of the bar is itself a .....