Court : Mumbai
Decided on : Dec-23-1998
Reported in : 1999(5)BomCR382; 2000CriLJ1008
..... order within meaning of definition of section 2 of the maharashtra prevention of dangerous activities of the slumlords and bootleggers drug offenders and dangerous persons act, 1981 as amended upto date and after intimating all the constitutional mandate to the detenu, the first respondent being the detaining authority has passed impugned order of detention ..... by any one, it is not possible to raise any presumption under section 114 of the evidence act or any other provisions of the indian evidence act.23. section 3 of the maharashtra prevention of dangerous activities act runs like this :'(1) the state government may, if satisfied with respect to any person that with ..... a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1998
Reported in : 1999(1)BomCR455
..... section 36-a of the maharashtra land revenue code, no occupancy of tribal can be transferred after the commencement of the maharashtra land revenue code and lands (amendment) act, 1974 in favour of non-tribal by sale etc. except on an application of such non-tribal and except with the previous sanction of the concerned authority. ..... learned advocate general has stated that the government is not going to permit any developer to violate the statutory provisions of the indian forests act, 1927, forest conservation act, 1980 and the maharashtra felling of trees act. it is stated that the state government is not going to permit any reduction of forest cover. however, the learned ..... 13 lakhs foreign tourists visited india. the number increased by 5.3% in 1990. india also made considerable progress in local tourism in 1989. nearly 5 crores indian reported to have taken tours to various places throughout the country. clauses 11.2 and 11.3 of the said chapter mentions mawal-mulshi area is full of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1998
Reported in : 2000(1)BomCR484; (2001)4BOMLR206; 2001(3)MhLj863
..... the tribunal the civil court has to proceed with the trial of the suit and dispose it of according to law. section 118 of the act provides for appeals. by an amending act 1 of 1974 against the decision under section 133 or order passed by the court an appeal was provided to the district court which has been ..... nathjibhai patel and another, reported in : [1998]2scr56 has held that in interpreting a statute the court cannot aid the legislature's defective phrasing of an act nor can it add or amend and, by construction make up deficiencies which are left there. in shivram anand shriroor v. mrs. radhabai shantaram kowshik and another, reported in : [1984]2scr750 ..... that such proceedings shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of indian penal code. section 22(1) provides that any sum payable under the said act in terms of directions by the authorities shall be recoverable as arrears of land revenue. sub-section (2) thereof provides that the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1998
Reported in : (1999)IILLJ804Bom
..... been sent to an officer authorised in this behalf by the appropriate government and the conciliation officer.'15. section 2-a, which was inserted in the statute by amending act no. 35 of 1965 reads as under:'2-a. dismissal etc, of an individual workman to be deemed to be an industrial dispute - where any employer ..... control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence services (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply'. the word 'settlement' is ..... a court. it has to deal with the material that is placed before it, which may not be strictly 'evidence' as understood by the indian evidence act. there should be material placed before the tribunal. this is clear from i the observations of the apex court in food corporation of india workers' .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1998
Reported in : 1999(2)ALLMR113; 2000(4)BomCR582; 1999(2)MhLj675
..... original decree, the learned judges, of course, meant the decree of eviction. the party before the learned judges in the said case of satyawan, cited supra, by seeking amendment under order vi, rule 17 of the code of civil procedure to the appeal memo sought to challenge that very decree which, as recorded above, was already confirmed right up ..... order vi, rule 17 of the code of civil procedure was moved. by this, the tenant/appellant of the mesne profits proceeding wanted the memo of appeal to be amended so that the challenge of the aforesaid decree of eviction which had become final can again be reconsidered.34. it is in these backgrounds, in paragraphs 5 and 8 ..... shall be the same' in the aforesaid section, where there is a reference to section 7 of the indian court fees act, for the state of maharashtra corresponding reference is to be made to section 6 of the bombay court fees act with relevant clauses thereof governing the case.14. as noted above, in the instant case, the matter was .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-25-1998
Reported in : 1999(1)ALLMR405; 1999(1)BomCR643; (1999)1BOMLR687; [1999(81)FLR767]; (1999)IILLJ109Bom; 1999(1)MhLj489
..... :-'(b) that the learned 2nd respondent has ex facie erred in failing to take cognisance of the fact that after the passing of the industrial disputes (amendments) act of 1996 the appropriate government for all airline companies is the central government. that, therefore, on and from the time and more particularly atthe date of ..... the 'appropriate government' which referred the matter for adjudication.' i respectfully agree with the observations of the learned chief justice of the gujarat high court in indian oil corporation's case (supra). in my view, the legal position has been aptly and precisely laid down by the division bench of the gujarat high ..... its order dated 29th november, 1994, the labour court declined to admit the said documents,holding them to be privileged under section 122 of the indian evidence act, being communication between spouses during marriage sought to be produced before the court without the 1st respondent's consent. the petitioner also attempted to issue witness .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1998
Reported in : 2000(5)BomCR148
..... falling under any of the six clauses of the above section. it is to be mentioned that offence under section 376(2) of the indian penal code is a graver offence as a result of amendment of 1988. therefore, it is necessary that charge of rape must be clearly proved. we are conscious that where the testimony of prosecutrix was ..... is not from the prosecutrix herself but on the dictation of her father. it is, therefore urged that the evidence of the prosecutrix was risky to be believed and acted upon. the learned counsel further urged that though the clothes on the person of the prosecutrix were seized and they were sent for examination to the chemical analyser besides ..... victim or that there was absence of smegma and that it was also immaterial that a completed act of rape on the part of each of the gang members was not provable. nevertheless, by virtue of explanation to section 375 of the indian penal code, theonly thing to be ascertained is whether the private parts of the accused did enter .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1998
Reported in : 1999(1)ALLMR556; 1999(1)BomCR660
..... 59, 33, 000/- and odd from the defendants. it is the case of the plaintiff that the defendant no. 1 was a company registered under the indian companies act 1956 and defendant nos. 2 and 3 were the directors of defendant no. 1 and they are the guarantors in their personal capacity. four different facilities were granted ..... defendants in respect of this amount.61. when the defendants have raised this particular plea very specifically and clearly it was necessary for the plaintiffs-bank to amend those pleadings and to clarify the position in this regard. it was necessary for the plaintiffs-bank to give particulars of the defendants deposit, the particulars of ..... of directors is communicated by the plaintiffs and accepted by the defendants a concluded contract is brought into force which the plaintiffs-bank cannot be allowed to amend or substitute.49. the execution of the documents by the defendants in respect of loan facilities has taken place subsequent to the sanctioning letters exhibit p-2 .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1998
Reported in : 2000(1)BomCR192; 1999(2)MhLj465
..... in para 86, it was observed:--'86. the position with regard to the control of alcohol industry has undergone material and significant change after the amendment of 1956 to the idr act. after the amendment, the state is left with only the following powers to legislate in respect of alcohol:(a)....(b) it may lay down regulations to ensure that non ..... rendering any service, as distinct from itsclaim of so-called grant of privilege, it may charge fees based on quidpro quo. see in this connection, the observations of indian mica case.'it is clear from this that the state is having power to lay down regulations toensure that non-potable alcohol is not diverted and misused as a ..... recovered by the state by way of excise duty. if the same 1 litre of rectified spirit is used for manufacture of imfl, the minimum rate of excise duty on indian made foreign liquor of rs. 100/- per proof litre is applicable and therefore, 1.66 x 100 = 166/- are recovered from the manufacturer. however, if the same .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-07-1998
Reported in : 1999(1)ALLMR291; 1999(1)BomCR324; 1999CriLJ2970; 1999(1)MhLj65
..... apex court in para-4 extracted entire section 23 and observed in para-6 that the 'f.e.r.a. amendment act of 1957 amended section 23(1) and also introduced section 23-d. it was this amendment that two alternative proceedings for same contravention were provided in section 23(1). in thus, introducing two different proceedings the ..... has a just and reasonable relation to the object of the legislation.' the supreme court in the case of j.k. industries v. inspector of factories and boilers, reported in : (1997)illj722sc while considering a challenge of violation of article 14 has observed that 'the reasonableness of the restrictions depends on circumstances obtaining at ..... to inflict imprisonment, a company could not be indicted under that section.'the court was dealing with the offence of cheating under section 417 and 420 of indian penal code which in its very nature involves the mental element of a natural person. however, the authority cannot be extended to support the proposition as urged .....
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