Court : Mumbai Aurangabad
Decided on : Dec-17-2014
..... (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders a pardon ..... witnesses also to elicit on material part of the prosecution case in the chief examination itself without treating any of the witnesses hostile. section 141 of the indian evidence act, 1872 defined leading question to mean any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question ..... ." similarly, in vikramjit singh v. state of punjab, (2006) 12 scc 306 : (2006 air scw 6197), this court reiterated: "section 106 of the indian evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been proved the burden in regard to such facts which .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-27-2014
..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under ..... before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder :- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction ..... courts has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-18-2014
..... concerned to constitute multimember state or union territory level appropriate authority within three months of the coming into force of the pre-natal diagnostic techniques (regulation and prohibition of misuse) amendment act, 2002; provided further that any vacancy occurring therein shall be filled within three months of the occurrence; (b) when appointed for any part of the state or the union territory ..... to the registration of the centre and with regard to the taking cognizance of the matter by the judicial magistrate. 16) statement of objects and reasons in respect of the act (as amended in 2003) shows that, the act seeks to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-15-2014
..... cannot sustain. if one goes through the scheme of the special legislation and goes through different chapters it can be said that chapter vi of the act is made for giving provisions for registration of genetic counseling centres, genetic laboratories and genetic clinics. under this chapter there are provisions made for following the ..... against the petitioner for offences punishable under sections 3 and 18 of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994, (for short, "the act"). this order was challenged by filing criminal revision application no.30/2013 by the petitioner and the learned additional sessions judge kopargaon has dismissed the ..... and as the incident in question took place in the 2007, the amended provision cannot be applied in this case. even if this contention is accepted that cannot help the present petitioner. 6. if the provision of section 3 of the act is seen, it becomes clear that person who has obtained registration is .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-11-2014
..... when words are very clear and there is no obscurity and ambiguity, there is scope for the court to innovate or take upon itself the task of amending or alerting the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separate the adjudication from legislation ..... validation of certificates are found to be unsubstantiated and the certificates obtained by them have been declared as invalid, false or fake. the petitioner by way of amendment to the petition, is also challenging the government resolution dated 30.6.2014 extending the benefits in employment to such categories of employees. 3. petitioner is ..... service under zilla parishd is concerned, a provision is made in the rules framed under the zilla parishad act and therefore, reservation of seats in zilla parishad is occupied field, unless and until those rules are amended, no government resolution for reservation for special backward class in zilla parishad services can be issued and therefore, .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-10-2014
..... to such trials:" the aforesaid provision has three parts as under:- (i) notwithstanding anything contained in the code as amended in 1974, the provisions of the special act will apply. (ii) all the offences under this chapter (chapter xvii) of the act shall be tried by j.m.f.c. or by metropolitan magistrate (hereinafter referred to as 'm.m.') and ..... is up to two years of imprisonment, the case falls under the category of 'summons case'. 7. section 4 of the code provides that all the offences punishable under indian penal code (hereinafter referred to as the 'i.p.c.') and also under other laws are to be tried as per the procedure laid down in the code. however, ..... manubhai manjibhai panchal and anr.], the apex court held that the predecessor of the magistrate had recorded the evidence in summary trial and so, his successor could not have acted on that evidence in view of the provisions of section 326(3) of the code. it is further observed by the apex court that in the case involved, only .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Oct-09-2014
..... while rest of the petitioners are residents of mumbai. in the circumstances, mr. rajebhosale, learned counsel for the petitioners vehemently submitted that in view of the amended provision of section 202 of the code of criminal procedure, the learned chief judicial magistrate ought to have held the enquiry if the learned chief judicial magistrate ..... was concerned with the unsatisfactory investigation carried by the police though the chargesheet was filed for the offences punishable under section 302, 114, 148, 147 of the indian penal code. in the circumstances, the original complainant has filed complaint before the learned judicial magistrate first class, alleging that in fact initially, the persons who ..... matter as per the provisions of sub section 3 of section 156 of the code of criminal procedure. 4. the learned chief judicial magistrate refused to act as per the said provision and directed that the enquiry as provided by section 202 of the code of criminal procedure shall be held by the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Oct-01-2014
..... and shall follow such procedure as may be prescribed. 7. it must be noted that after incorporation of section 89 by virtue of amendment act of 1999, the provisions of section 16 of the court fees act, 1870 came to be amended, which reads thus: "16. refund of fee: where the court refers the parties to the suit to any one of the ..... as state of maharashtra is concerned. the matters arising in the courts in state of maharashtra shall have to be dealt with in accordance with maharashtra court fees act, 1959. the indian court fees act, 1870 is no longer applicable to the state of maharashtra. we are supported by the division bench judgment of this court in the matter of pushpabai shankerlal ..... below: 3 as we have recently observed in a similar case l.p.a. no.44 of 1968, dated 15.10.1968 (bombay), the said act has been recast in 1959 and the indian court fees act, 1870, is no longer applicable to this state. 12. in view of above, the contention raised by the petitioner in respect of applicability of .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Sep-11-2014
..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under ..... arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction ..... has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-20-2014
..... 226 and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under article ..... arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction of ..... when oral evidence cannot help the court when it is in the form of words against words by rival parties. considering the implication of section 83 of the indian evidence act, presumption can be drawn in respect of map or plan drawn by competent public official in such cases so as to resolve the controversy between the parties. it .....
Tag this Judgment!