Court : Mumbai Nagpur
..... the instant conclusion would also emerge from section 106 of the indian evidence act, 1872 which is being extracted hereunder: 106 burden of proving fact especially within knowledge -when any fact is especially within the knowledge of any person, the ..... seen that their lordships have held that the last seen theory would come into play only in a case where the time-gap between the point of time when the accused and the deceased were seen alive and when the deceased was found dead is so small that there may not be any possibility that any person other than the accused may be the author of the ..... parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. ..... has also established beyond reasonable doubt that the incriminating material which was seized at the instance of accused no.1 rajesh on a memorandum under section 27 matches with the dna profile of the deceased yug, so also the sand seized from the spot where the dead body was concealed ..... reported in air 2014 sc (supp) 1434 have considered the legal position with regard to purpose of statement made u/s.313 of the ..... boy was talking on the phone from the coin box saying that "panch karod leke aana". ..... he had given ten coins to him on exchanging ..... call from the coin box. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the deceased on the weapon recovered on the memorandum of the accused under section 27 of indian evidence act and the clothes of the accused, has proved beyond reasonable doubt that it is the accused, who has caused death of ramratan ..... basis of ocular testimonies of eye witnesses and other witnesses corroborating their evidence so also other circumstantial evidence like recovery of the weapon used in the crime on the memorandum of the accused under section 27 of the indian evidence act and the chemical analyser's report finding blood of group ab? ..... 57/2008, thereby convicting the appellant for the offence punishable under section 302 of indian penal code and sentencing him to suffer imprisonment for life and to pay a fine of rs.500/-, in default to suffer further rigorous ..... in her evidence that on the day of incident, when she was returning to her house at about 10 ..... not only that, when p.w.3 kejram tried to intervene to save deceased ramratan, he ..... 11) p.w.7 sugrathabai deposes that when she was doing work in field, she saw accused holding blood stained iron ..... she states that when she was standing in front of her house, she saw accused coming on the spot, collecting iron chopper from his waist and inflicting blows by iron chopper on the left side ..... thereafter when she went near the house of jaswantabai, jaswantabai informed her about the incident and accused running away with blood stained iron ..... when he was trying to stop the accused, he sustained injury by chopper on his little .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 116 of the indian evidence act estops the tenant from denying the title of ..... however, the first appellate court had rightly arrived at the conclusions which were wholly consistent with the legal position as to law of waiver of quit notice issued by the landlord claiming decree for eviction of ..... but, at the same time, the ruling makes it clear that section 116 of the evidence act does not permit the tenant to deny title of the landlord at the beginning of ..... the first appellate court has recorded findings consistent with this legal position stated and therefore, no acceptable ground is made out for to warrant interference with the impugned judgment ..... mr.bhide refers to section 15 of the maharashtra rent control act which provides relief against forfeiture of tenancy in following terms ..... or permitted increases due, until the expiration of ninety days next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the transfer of property act, 1882. (3) ........................ 9. ..... of the rent without further evidence to prove the waiver on the part of the landlord to treat the tenancy as subsisting can not assist the defendant to defeat the claim for eviction under section 113 of the transfer of property act. ..... the waiver can occur only when the lessor has treated the tenancy ..... of notice to quit, the waiver cannot be presumed, determinative by mere fact of rent tendered and accepted. .....
Tag this Judgment!Court : Mumbai Nagpur
..... criminal appeal has been filed by the appellant being aggrieved by the judgment and order of sentence as recorded by the learned trial judge thereby holding him guilty for the offences punishable under sections 302 and 201 of the indian penal code and sentencing him to death and to suffer rigorous imprisonment for three years respectively and to pay a fine of rs.1000/-; in default, to suffer simple imprisonment for three months ..... a statement was made by the accused on a memorandum under section 27 of the indian evidence act below exh.50 with regard to concealment of knife used in ..... of shabnam, ravji @ ram chandra and umashankar panda are concerned, the unsuspecting deceased therein, when they were asleep and not in a position to resist, were brutally assaulted leading to their death ..... of tripura reported in air 2014 sc (supp) 1434 have considered the legal position with regard to purpose of statement made u/s.313 of the code ..... is found by the court to be entirely reliable, there is no legal impediment to the conviction of the accused person on such proof. ..... fees of ms f.n.haidari, learned counsel appointed from the legal aid panel to appear on behalf of the appellant herein ..... f.n.haidari, learned counsel appointed to appear from the legal aid panel on behalf of the appellant/accused. ..... of shabnam (cited supra), their lordships have again reiterated the legal position. ..... years, there are various judicial pronouncements by the highest court of the country further explaining the legal position. .....
Tag this Judgment!Court : Mumbai Nagpur
..... be read in isolation and when the contents of this letter are read together with the evidence of pw 2 raju gawande and pw 5-pramilabai, the only conclusion that can be drawn is that the prosecution has established the proximity of the events that are narrated in the letter written in june 1990 with the final event of commission of suicide by deceased vijaya and as such, the contents of this letter are admissible under section 32(1) of the indian evidence act, 1872. ..... even for finding presence of such kind of cruelty as contemplated under explanation (b), no reliance with the aid of section 32(1), indian evidence act can be placed upon the contents of letter vide exh.36 for the reason that while dealing with the offence of cruelty as envisaged under explanation (b), the cause of death is never an issue to be gone into and what is ..... unless the statement of a dead person would fall within the purview of section 32(1) of the indian evidence act there is no other provision under which the same can be admitted in evidence. ..... even that apart, when we are dealing with an offence under section 498a ipc disjuncted from the offence under section 306 ipc the question of her death is not an issue for consideration and on that premise also section 32(1) of the evidence act will stand at bay so far as these materials are concerned. 15. .....
Tag this Judgment!Court : Mumbai Nagpur
..... grievance allegedly made by purushottam that marriage was not arranged properly or then that it was not celebrated as per custom; presentation of 10 tolas of gold and wrist watch in marriage; renuka telling him that when she was taking fan to her bed room, satish asked her to get a fan from her father; renuka telling witness that satish and purushottam were asking her to bring godrej almirah or then his ..... all these circumstances when viewed in the light of provisions of section 106 of indian evidence act establish a chain which without any doubt indicates only accused no.1 and 4 as persons ..... " the failure of appellant 1 satish and appellant 3 sadhana before us to prove that they did attend the tirthaprasad at residence of one ramkrishna kherdekar and that sadhana was very much alive when they left coupled with the clandestine mode and manner of disposal of dead body of renuka proposed by them without proper doctor's certificate or post-mortem squarely call for adopting the same perspective ..... before drawing the curtain on this score, however, we wish to clarify that the evidence tendered by the defence witnesses cannot always be termed to be a tainted one by reason of the factum of the witnesses being examined ..... suggesting that the indica car was stolen which was not fully supported by any legally admissible evidence, no other case was suggested by the appellants." "44. ..... gradwhol's legal medicine, edited by f e camps, 1968, (john wright ..... the said discovery cannot be said to be legal. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a concluded contract and/or was not accepted by the appellant or there was no contract at all between the appellant and the respondent, after receiving communication from the respondent that it has initiated some legal action in the high court of uk, the very first reaction of the appellant, as was submitted by the learned senior counsel for the respondent, would have been to instantaneously lodge its protest against ..... the learned counsel bringing to our notice the provisions of the indian contract act, 1872 and more particularly sections 2 to 7 of the said act, submitted that the agreement dated 3/10/2011 tested on the anvil of said provisions of the indian contract act, cannot be accepted as a concluded contract and the terms incorporated ..... on record further reveals that even after being aware that the respondent has initiated some legal action against it in the high court at uk the appellant was quite defensive and ..... like to assure owners they had full intentions to try n perform the lifting but the end logistic have hampered n disrupted all the planning they had done in oct last when they won the tender n locked in the coa. ..... request for grant of time till 15/11/2012 to defend any legal proceeding that might have been initiated by the respondent. ..... company have made some correspondence with respondent and broker presuming that the coa dated 3/10/2011 was binding, however, it was on a wrong impression and because of the lack of legal knowledge on the part of the said officers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... principle is in conformity with section 4 of the indian majority act. 6. ..... while, in prabhu dayals case (cited supra) the apex court was considering the concept of legal day commencing from 12 o clock midnight to the end on the same hour of the following night in order to calculate the age of the ..... the rulings afore-stated are not supportive to the case of the respondents, particularly when the controversy before us is fully covered by the decision given by the division bench of the karnataka high court in w. ..... the decision which considered the impugned judgment and order is on all fours of the case in hand and has also attained the finality as there was no challenge in the apex court to the validity and legality of the decision of the hon'ble division bench of the karnataka high court. ..... entire exercise by the full bench of cat militates against this legal position and wipes out it by artificially making distinction between the last working day and date of ..... our view, the interpretative exercise is called for only when the provisions of law are not clear. ..... 816 of 2001 noted various legal provisions and held that the view of full bench of cat at bombay was ..... in other words, when the office memorandum was made applicable to the government servants who retire on or after 01/04/1995, the government servants who retired on 31/03/1995 were not entitled to the enhanced benefits as they were made available ..... a legal day commences at 12 oclock midnight and continues until the same hour the .....
Tag this Judgment!Court : Mumbai Nagpur
..... principle is in conformity with section 4 of the indian majority act. 6. ..... while, in prabhu dayals case (cited supra) the apex court was considering the concept of legal day commencing from 12 o clock midnight to the end on the same hour of the following night in order to calculate the age of the ..... the rulings afore-stated are not supportive to the case of the respondents, particularly when the controversy before us is fully covered by the decision given by the division bench of the karnataka high court in w. ..... the decision which considered the impugned judgment and order is on all fours of the case in hand and has also attained the finality as there was no challenge in the apex court to the validity and legality of the decision of the hon'ble division bench of the karnataka high court. ..... entire exercise by the full bench of cat militates against this legal position and wipes out it by artificially making distinction between the last working day and date of ..... our view, the interpretative exercise is called for only when the provisions of law are not clear. ..... 816 of 2001 noted various legal provisions and held that the view of full bench of cat at bombay was ..... in other words, when the office memorandum was made applicable to the government servants who retire on or after 01/04/1995, the government servants who retired on 31/03/1995 were not entitled to the enhanced benefits as they were made available ..... a legal day commences at 12 oclock midnight and continues until the same hour the following .....
Tag this Judgment!Court : Mumbai Nagpur
..... the recovery of the bloodstained clothes, bloodstained seat covers on the memorandum of the accused under section 27 of the indian evidence act and the chemical analyzer's report certifying the blood on the articles seized from the accused to be of blood ..... judgment and order passed by the learned sessions judge, nagpur in sessions trial no.157/09, thereby convicting the appellants for the offence punishable under sections 120b, 364 r/w 34 and section 302 r/w 34 of the indian penal code and sentencing them to suffer imprisonment for life and to pay a fine of rs.5000/- each and in default to suffer further ..... no hesitation to hold that the prosecution has proved beyond reasonable doubt that the accused have committed the offence punishable under section 364 of the indian penal code and has also proved beyond reasonable doubt that it is the accused who have caused the death of the deceased ..... on behalf of the appellant/accused no.3 rajkumar wankhede, submits that the evidence of pw.8 mukesh thakur is silent about the memorandum of the appellant under section 27 of the indian evidence act and also silent about the place from where the clothes were produced. ..... the last seen theory comes into play where the time-gap between the point of time when the accused and the deceased were seen last alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author ..... he went to a coin box to telephone manish gour but the said coin box was closed. .....
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