Court : Mumbai Nagpur
..... the purpose of marriage expenses obtained rs.40000/ from the father of the complainant and thereby committed an offence punishable u/s. 420 of ipc r/w section 3 and 4 of dowry act 1961"4. the learned advocate for the revision applicant contended that the accusations made in the charge (exh.15) were not specific as ..... into the provisions of section 464 in juxtaposition with provisions of section 216 and 217 of the criminal procedure code, in my opinion, if charge is drastically altered or amended after the stage of statement of the accused has been recorded under section 313 of the criminal procedure code, the trial court ought to have adopted cautious and careful approach ..... adjourn the trial as contemplated under section 216 of the criminal procedure code so as to enable either of the parties in the trial to adduce further evidence pursuant to amended or altered charge in the case. this was not done in this case. that being so, it has to be concluded that failure of justice has occasioned .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the act is to give children, who have, for some reason or the other, gone astray, to rehabilitate them by providing ..... years'. the juvenile justice act is intended to rehabilitate and take care of both types of children who need care and those who are in conflict with law. the provisions of the juvenile justice act, 2000, as amended by the amendment act, 2006 and the juvenile justice rules, 2007, lays down the scheme ..... or brothel keeper is barred from appearing in the same case for the victims rescued under the immoral traffic (prevention) act, 1956." 6. the juvenile justice (care and protection of children) act, 2000 was amended in 2006 by act 33 of 2006 is a special legislation for children and defines children as 'a person up to the age of 18 .....
Tag this Judgment!Court : Mumbai Nagpur
..... very large section of the society which was otherwise not getting any benefit from the judicial system. in paragraph 36, hon'ble apex court observes that little indians in large numbers seeking remedies in courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in ..... k. gopalan v. state of madras), manner of achieving balance between rights of individual and society is pointed out. air 2004 sc 2615 (paras 33,35 and 26)-(indian banks' assocn. v. devkala consultancy service) and(2006) 5 scc 28 (para 23,31,32)--(t.n. godavarman thirumulpad vs. union of india and others)are ..... is therefore erroneous and no law stops this court from acting in such matters where there is manifest abuse of position. there is no question of amendment resulting in any back door introduction of any cause in pil after this court allowed that amendment. by allowing that amendment on 9/6/2008, this court has accepted that grievance .....
Tag this Judgment!Court : Mumbai Nagpur
..... states that in present matter direction to transfer the shop of present petitioner to shyam nagar, mouza somalwada, needs to be issued in the light of this amended provisions satisfying that no transfer fee can be charged from the petitioner.11. he has also relied upon the judgment of hon'ble apex court reported at air ..... or no prejudice, is not at all relevant in such circumstances. judgments of hon'ble apex court reported at air 2003 sc 2120 (harbanslal sahnia and another .vrs. indian oil corporation ltd. and others) and reported at (2009) 8 scc 339 (national thermal power corporation ltd. .vrs. mahesh dutta and others), are also relied upon ..... legal position in this respect. learned addl. government pleader contends that there is no review undertaken by any authority in the matter and the provisions of prohibition act read with maharashtra country liquor rules are being rightly implemented.13. mrs. dangre, learned addl. govt. pleader points out that the alleged fire in his establishment .....
Tag this Judgment!Court : Mumbai Nagpur
..... police officers of chandrapur police station, every year in about 10 cases, he is not at all reliable panch witness for disclosure and consequent recovery under section 27 of the indian evidence act. p.w.-17, the investigating officer has admitted in his cross-examination that p.w.-1 is a stock panch witness. p.w.-18 sanjay ghate was the second ..... evidence of the investigating officer (p.w.-17) is also not of the nature as could prove various disclosures allegedly made by accused persons under section 27 of the evidence act and consequent recovery at the instance of each of the accused persons. 22. p.w.-2 and p.w.-3 have not mentioned the numbers on the currency notes, ..... sessions trial. 2. accused nos. 1 to 5 were tried for offence punishable under section 395 read with section 397 of the indian penal code (for short, i.p.c.) and section 3 read with section 25 of the arms act, 1959. high court of judicature at bombay, bench at nagpur /home/lichade/judgments/uvb/apeal242.08+.odt 3/18 3. vide .....
Tag this Judgment!Court : Mumbai Nagpur
..... ought to have held the insurer, the owner /driver of the vehicle jointly and severally liable to pay compensation under section 140, in view of chapter x of the said act.3. in the result, the respondent i.e. owner/driver /insurer shall be liable to pay jointly and severally in the sum of rs. 50,000/ as awarded ..... the appellantowner of the offending motor vehicle bearing registration no: mh 31 h:8203 challenges the interim award which was passed under section 140 of the motor vehicles act, 1966 ( in short "the said act") on the ground that the learned member of the motor accident claims tribunal, nagpur ( in short "the tribunal") wrongly exonerated the insurer company from joint ..... the time of recording of the evidence in the main petition, under section 166 of the said act. at the stage of proceedings u/s 140 of the act, the liability of the owner and insurer as mentioned in chapter x of the act, is an absolute liability without fault and owner as well as insurer and/ or driver are jointly .....
Tag this Judgment!Court : Mumbai Nagpur
..... provisions relating to arrest and detention of the defaulter. it cannot, therefore, be said that the recovery officer would act in an arbitrary manner. furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. thus ..... that he had sufficient cause for not preferring the appeal or making the application within such period." "29. savings.- (1) nothing in this act shall affect section 25 of the indian contract act, 1872 (9 of 1872). (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different ..... financial institutions and for matters connected therewith or incidental thereto. in damodaran pillai v. south indian bank ltd. reported in (2005) 7 scc 300, the apex court was considering whether the provisions of section 5 of the limitation act would be applicable to the proceedings under order 21 of the code of civil procedure. .....
Tag this Judgment!Court : Mumbai Nagpur
..... resolution by respondent no. 2 - nagpur improvement trust passed on 07.01.2011 accepting the offer received in pursuance of that tender has been challenged by amending the prayer clause and by adding grounds on 25.03.2011 and thereafter on 14.09.2011. 5. we have heard shri jaiswal, learned counsel for ..... large section of the society which was otherwise not getting any benefit from the judicial system. in paragraph 36, hon'ble apex court observes that little indians in large numbers seeking remedies in courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice ..... entire ground for playground without any reservation for school and this was after nagpur municipal corporation passed a resolution to propose modification under section 37 of act of 1966 for this purpose. respondent 3 nagpur municipal corporation has dropped that proposal and as petition seeks something which is contrary to development plan, .....
Tag this Judgment!Court : Mumbai Nagpur
..... accordance with the eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal ..... granted exparte injunction on 21.2.2011, restraining the defendants from encashing the bank guarantees pending the decision of the application at exh.5. the plaint was thereafter amended and in addition to the existing reliefs, a decree for an amount of rs.5,16,69,618/- was claimed along with the damages of rs.1.00 ..... analyse the original clause of the bank guarantee dated 10.8.2001 and as well as the subsequent amendment of the relevant clause in the said bank guarantee on 20.8.2001." para-22 : "in the present case the amended clause does not refer to any of the clauses specifically as such but on the other hand the .....
Tag this Judgment!Court : Mumbai Nagpur
..... exception to the order dated 15/04/2011 passed by the industrial court, akola bench, akola ("tribunal" for short), by which order the application exhibit-9-b as amended by application exhibit-25 was allowed and the respondent company was directed to pay an amount of rs.3,500/- per month as an interim relief to the to. ..... to look to such similar industries or industries as nearly similar as possible in adjoining or other region in the state having similar economic conditions." in so far as the indian hume pipe company's case is concerned, an engineering company was compared with a pharmaceutical company, the relevant excerpt from paragraph no. 38 is reproduced herein under - ..... the dispute was not capable of being settled by conciliation and, therefore made a reference to the industrial court under section 73-a of the bombay industrial relations act. the union has raised as many as 36 demands in its statement of claim and has filed a statement of claim justifying the demands raised by it. the .....
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