Court : Mumbai
..... of the indian penal code defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or to do an act which though by itself not illegal but the same is done or executed by illegal means. ..... there is no provision in the code of criminal procedure to make it compulsory for the investigating agency to hold test identification parade because the substantive evidence is identification of the culprit ..... a pancha in respect of the vehicle trax bearing registration no mh14 m 803 in panchanama exh. ..... something which prompts a person to form an opinion or intention to do certain illegal act or even a legal act but with illegal means with a view to achieve that intention. ..... where a fact of fraudulent abduction has happened with a series of acts, preceding or accompanying it, it can safely be presumed that the fact of double murder of kamble couple was possible as a direct cause of the preceding or accompanying acts, unless there exists a fact which breaks the chain upon which the ..... by way of an exception discovery of fact as contemplated under section 27 of the indian evidence act is relevant only when evidence is given that the accused while in police custody supplied or gave information which is the immediate or direct cause of the a ..... state of haryana (1), the maxim falsus in uno falsus in omnibus is not a sound rule to apply in the conditions in this country and therefore, it is the duty of the court in cases where a witness has been found to have given .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... dattatraya keshav pawar had insured his vehicle 10 seater toyota qualis bearing rto registration no.mh-24-c-2777 with the respondent/original opponent, national insurance company ltd. ..... under the same insurance policy a compulsory personal accident insurance cover was extended to the driver of the insured vehicle to the extent of `2,00,000/- on accepting premium of `100/-. ..... written version in both these complaints and justified the repudiation inter-alia contending that the vehicle involved in the accident was used to carry passengers on rental basis against the provisions of the motor vehicles act and terms and conditions mentioned in the concerned insurance policy. ..... it is the contention of the insurance company that the vehicle involved in the accident was used to carry passengers on rental basis against the provisions of the motor vehicles act and terms and conditions mentioned in the concerned insurance policy. ..... nitin khandelwal ~ iv-(2008)-cpj-1-(sc), directed the insurance company therein to settle the claim at 75% of the admissible claim. ..... however, such statements loose their evidentiary value since those were not tendered in evidence as contemplated under section-13(4) of the consumer protection act, 1986. .....
Tag this Judgment!Court : Mumbai
..... vii] that no steps were taken for registration of the patents as required by section 69 of the patents act, as both the parties treated it as ..... where such arbitration is held in india the provisions of part i would compulsory apply and parties are free to deviate only to the extent permitted by the derogable ..... the petitioner no.2, on behalf of the petitioners, replied to the said letter by his letter dated 31/03/2008 stating therein that since the ipla was not a concluded contract, there was no question of a valid arbitration agreement between the parties and as such, there was no question of appointing ..... form', which had been filed before the english court, was also served upon the petitioner no.1 in daman 04/04/2008 and seems to have triggered off the filing of the regular civil suit no.9 of 2008 before the learned civil judge, senior division, daman on 08/04/2008 inter-alia for the following reliefs viz. ..... it seems that the arbitrator appointed by the petitioners by his letter dated 24/04/2008 stated that there were inherent defects in the arbitration clause contained in the ipla and therefore the same was unworkable and expressed the inability of the arbitrators ..... the said letter was received by the petitioner no.1 in daman on 03/04/2008, along with the said letter was annexed `arbitration claim form' dated 27/03/2008 issued by the respondent nos.1 and 2 seeking several declaratory reliefs from the english court in relation to the ipla which according to the respondent nos.1 and .....
Tag this Judgment!Court : Mumbai
..... vii] that no steps were taken for registration of the patents as required by section 69 of the patents act, as both the parties treated it as ..... where such arbitration is held in india the provisions of part i would compulsory apply and parties are free to deviate only to the extent permitted by the derogable ..... the petitioner no.2, on behalf of the petitioners, replied to the said letter by his letter dated 31/03/2008 stating therein that since the ipla was not a concluded contract, there was no question of a valid arbitration agreement between the parties and as such, there was no question of appointing ..... form', which had been filed before the english court, was also served upon the petitioner no.1 in daman 04/04/2008 and seems to have triggered off the filing of the regular civil suit no.9 of 2008 before the learned civil judge, senior division, daman on 08/04/2008 inter-alia for the following reliefs viz. ..... it seems that the arbitrator appointed by the petitioners by his letter dated 24/04/2008 stated that there were inherent defects in the arbitration clause contained in the ipla and therefore the same was unworkable and expressed the inability of the arbitrators ..... the said letter was received by the petitioner no.1 in daman on 03/04/2008, along with the said letter was annexed `arbitration claim form' dated 27/03/2008 issued by the respondent nos.1 and 2 seeking several declaratory reliefs from the english court in relation to the ipla which according to the respondent nos.1 and .....
Tag this Judgment!Court : Mumbai
..... (town services-iii) of the respondent-cidco dated 4th may, 2012 in paragraph5 mentioned that, pursuant to the provision made in the navi mumbai disposal of lands (amendment) regulations, 2008, the respondent has not allotted any odd shaped land or any non developable plot for the purpose of regularization of unauthorized construction or excess construction, after coming into force the said regulation ..... was pleased to direct the respondent herein to file affidavit regarding allotment of odd shaped land for the purposes of regularization in the context of the navi mumbai disposal of lands (amendment) regulations, 2008, with particular reference to the proviso of regulation 4, which reads as under: "provided that the managing director may allot odd shaped land to the adjoining licensee/lessee, which otherwise cannot be ..... once the limits of floor space indices are set out so also the requirement for set back and compulsory open spaces being laid down in the dc regulations themselves, then, in the garb of considering an application for regularization, the commissioner or the planning authority ..... powers under section 118 read with section 159 of the maharashtra regional and town planning act, 1966, framed land disposal regulations with the previous approval of the state government, which is known as the navi mumbai disposal of lands (amendment) regulations, 2008, which came into force with effect from 20.11.2008, after publication of the same in the maharashtra government gazette. 3. .....
Tag this Judgment!Court : Mumbai Goa
..... definitions read as under: 2(b) airport means a landing and taking off area for aircrafts,usually with runways and aircraft maintenance and passenger facilities and includes aerodromes as defined in clause (2) of section 2 of the aircraft act, 1934 (22 of 1934); 2(c) airstrip means an area used or intended to be used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings and structures thereon ..... for an aerodrome can be issued to a citizen of india or a company or a body corporate or to the central or state government or company or corporation owned or controlled by either of the said governments or a society registered under the societies registration act, 1860, after an application is made in terms of the aerodrome manual. ..... haryana reported in air 1981 sc 774, the supreme court in the context of state's power to tax vehicles using the national highway passing through haryana observes thus: there cannot be the slightest doubt that the state of haryana incurs considerable expenditure for the maintenance of roads and providing for the transport of goods and passengers within the state of haryana ..... the expression acquisition, holding and disposal of property used in article 298 to include compulsory acquisition of property also. 9. ..... no explanation about the delay and when the section 4 notification in this case was published on 25th july 2008, the declaration under section 6 came to be published on 28th july 2009. .....
Tag this Judgment!Court : Mumbai
..... the contention of the appellant that even in respect of the amendment carried out to the plans if the construction is to be raised after lapse of about 13 years from the date of registration of the society, the permission of the occupants of the flats/ members of the society would be warranted. ..... not entitled to commence construction activities over the adjoining plot and erect c-wing as part of the building already constructed, that too, after lapse of about 13 years of the registration of the society and 14 to 16 years after issuing of occupation certificate in respect of a and b wings. ..... also prayed for interim relief restraining the defendants from making construction of c-wing on the compulsory open space existing in the compound of the plaintiff- society. ..... whereas after the registration of the society the ..... plot or the layout not consumed will be available to the promoter till the registration of the society. ..... , once the buildings shown in the approved plan submitted in terms of the regulations under an existing scheme filed before the authorities under mofa act, have been completed and possession handed over, the builder/owner cannot contend, that because he has not formed the society and/or not conveyed the property by sale deed under the act he is entitled to take advantage of any additional f.s.i. ..... the builders and developers cannot be permitted to act upon alleged informed consent obtained in the year 1991 or at the time of entering into agreement during ..... , 2008 (6) all mr .....
Tag this Judgment!Court : Mumbai
..... and considering the ambit of the term "beneficial owners respectively" and the conclusion that only the registered owner was the owner under section 21(4)(b) of the supreme court act, 1981 and also considering the concept of beneficial ownership in the maritime trader2 (supra), the court held that it was not proved that the two ships ..... [1979] 1 lloyd's report 329 (singapore court of appeal) 3 [1971] 1 lloyd's report 145 = [1973] 1 qb 265 4 (4): in the case of any such claim as is mentioned in paragraphs (d) to (q) of sub-section (1) of section 3 of this act, being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of the action arose, the owner or charterer of, or in possession or in control of, the ..... . consequently considering section 4(4) of the singapore act (which is in tune with section 3(4) of the uk act) the court concluded that the real owner is the person who can sell, dispose of or alienate the ship though he may or may not be the registered or legal owner and hence concluded that the court is not confined to mere registration of ships but "and often the court has to look behind ..... consider the interrelationship between three companies in a group again for claiming compensation upon compulsory purchase of the premises owned by its wholly owned subsidiary ..... . 3547 of 2008 6 [1978] 1 aer 1169 qb (admiralty division) 7 1989 (2) lloyd's report 153 qb (admiralty division) 8 [2000] 1 ..... .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 17 provides for the list of documents, which require registration and section 17(1)(b) recites thus: 17 documents of which registration is compulsory - (1) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:- (a) ..... ..... ..... ..... that an instrument of partition is a document which falls in the category of documents of which registration is compulsory, as provided under section 17 of the registration act, 1908. ..... 2008) 8 scc 564, this court noticed the following statement of mulla in his indian registration act, 7th edition, at page 189: "......the high courts of calcutta, bombay, allahabad, madras, patna, lahore, assam, nagpur, pepsu, rajasthan, orissa, rangoon and jammu and kashmir; the form chief court of oudh; the judicial commissioner's court at peshawar, ajmer and himachal pradesh and the supreme court have held that a document which requires registration ..... no.2 herein, being the daughters of deceased baburao, after solemnization of their marriage, went to reside with their husband. ..... 2 the petitioner - original opponent in probate application no.1/2008 before the trial court is raising exception to the order passed below exhibit-28 on 13th august, 2010 by the civil .....
Tag this Judgment!Court : Mumbai
..... committee as per the order issued by the government of india dated 19th february, 2008 is concerned, we have already adverted to that aspect in the earlier part of this judgment, and noted that the fact that the authorised officer is competent to nominate members on the committee for enforcement of the provisions of the act will not militate against the registration of the f.i.r. ..... not oblivious of some decisions of this court where some special statutory authorities like the authorities under the customs act have been granted all the powers of the investigating officer under a special statute like the ndps act, but, this court has held that they cannot file charge-sheet and to that extent they would not ..... complaint regarding the display of offending programme, which defamed the complainant and his friends and family members, he proceeded to issue seizure order, as it was a case of repetition of the offending act, in spite of instructions given to the petitioners to refrain from transmitting any programme or channel, which is not in conformity with the prescribed programme code. ..... even if no expert body has been established, and if there is no provision for establishment of expert body under the act of 1995, rules 6 and 7 of the rules of 1994 provide for the guidelines as to what should be the contents of the programme and the advertisement to be transmitted through the cable ..... operator shall re- transmit compulsorily transmission, re-transmitting the compulsory doordarshan channels. .....
Tag this Judgment!