Court : Mumbai Aurangabad
..... (viii) as per provisions of indian forest act 1927, section 69 which states as under ; sec. ..... the deputy conservator of forest, yawal division, under powers as per section 72(1)(c) of indian forest act, 1927 (forest act for short) was entitled to search the gum which had been stored. ..... respondents, in the circumstances, rely on presumption under section 69 of the indian forest act, 1927 to claim that until contrary is proved, the forest produce shall presume to be the property of the government. ..... he purposefully avoided verification of vehicle carrying gum (forest produce in transit) permit as per provision of indian forest act 1927, and provision of section 41. ..... 69 of indian forest act 1927 explained earlier." 6. ..... according to the respondents, as per section 4 of forest rights act, there is recognition and vesting of forest rights mentioned in section 3 in forest dwelling scheduled tribes and other traditional forest dwellers. ..... it has been submitted for the petitioner that, he had requested the range forest officer, chalisgaon and was given transit pass/order, permitting him to carry 22 quintals of salai gum and 15 guintals of ordinary kad gum from hirapur godown to village pal as per order dated 21.2.2009 (annexure d) and ..... - the expressions "national parks" and "sanctuaries" used in this section shall have the same meanings respectively, assigned to them under the wild-life (protection) act, 1972." 11. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the dominant object of requiring an approver to be detained in custody until the termination of the trial is not intended to punish the approver for having come forward to give evidence in support of the prosecution but to protect him from the possible indignation, rage and resentment of his associates in a crime whom he has chosen to expose as well as with a view to prevent him from the temptation of saving his one time friends and ..... 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. ..... the subsequent conduct of a-1 visiting the checkpost in the night, a-1 and a-2 visiting the checkpost thereafter at different times without an acceptable reason, a-1 and pw 22 visiting kerabari forest headquarters on 13-2-1988 and thereafter recovery of the belongings of the deceased from the place where the dead body was allegedlythrown in the first instance, the apprehension entertained by thedeceased which was made known to pw 3, ..... it was necessary for the prosecution to examine either the owner of the shop from which the bangles were purchased or at least examine anybody from the said shop so as to establish that, the bangles were purchased from the particular shop prior to the date of ..... the relatives of that patient requested him to stay at mumbai for 2-3 ..... he did not personally requested the magistrate at the time of his production about his feeling of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it was not a case of exercising powers under indian forest act and contemplated action under section 61-a thereof, as desired by the petitioner. 6. ..... resultantly, offence vide crime no.1 of 2001 dated 15th may, 2001 was registered in terms of sections 41 and 42 of indian forest act having committed breach of section 3 thereof. ..... it leaves no doubt as to how first forest officer intercepted the truck, then it was illegally attempted to be taken away, the chase and then prosecution initiated by forest officials for offence under sections 353, 504, 323, 34 of indian penal code. ..... oral judgment: the tree officer, on 21st december, 2002, passed order confiscating truck bearing registration no.mh-26-b-3482 in terms of section 4 of maharashtra felling of trees (regulation) act, 1964, for transporting mango tree stems, weighing around 8 to 9 tons. 2. ..... the tree officer had, under section 4 of maharashtra felling of trees (regulation) act, 1964, having noticed that the truck was carrying / transporting mango trees without any permit, passed the order. ..... however, driver of truck assaulted the forest officials and removed the truck. ..... and if it is there, then panchnama, seizure memo referred by forest authority, is illegal. 5. ..... the order was after hearing the truck owner. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... nephew bhagwat by means of sword, knives, dagger, katti, rods and sticks and caused them grievous injuries, with such intention or knowledge, and under such circumstances that if by that act you had caused the death of above persons or either of them, you would have been guilty of murder, and you all thereby committed an offence punishable under section-307 read with 149 of indian penal code and within the cognizance of court of sessions. ..... object of said assembly, assaulted complainant's son gyandeo alias dnyanoba, by means of sword and knives and committed his murder intentionally or knowingly caused his death, and you all thereby committed an offence punishable under section 302 read with 149 of indian penal code and within the cognizance of the court of sessions. ..... assembly, voluntarily caused hurt to the complainant baburao, his sons sanjay, shahuraj and sheshrao, his brother vijaykumar, nephew bhagwat and other family members, and you all thereby committed an offence punishable under section-323 read with 149 of indian penal code and within the cognizance of court of sessions. ..... of property, having made prepared for causing hurt to them by means of sword, knives, katti, dagger, rods and sticks or to put them under fear of hurt or assault or wrongful restrain and thereby committed an offence punishable under section 452 read with 149 of indian penal code and within the cognizance of court of sessions. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... while allowing the appeal, the co-operative appellate court relied upon the provisions of bombay stamp act and has taken a view that, sub-section (b) of section 11 of the indian stamp act, 1899, provides bills of exchange and promissory note drawn or made out of india may be stamped, however, the said provision is not ..... it is submitted that, when the disputant presented promissory notes in the evidence, same were not stamped and in view of the proviso to section 35(a) of the indian stamp act, 1899, the power to admit in evidence an instrument upon the payment of duty and penalty, is not applicable to bill of exchange, promissory note or instrument not chargeable to duty exceeding 10 ..... is further submitted that, the co-operative appellate court has committed error of law while applying the provisions of section 11 of the indian stamp act, 1899, and wrongly held that, promissory note is not required to be stamped. ..... defect that, promissory note is not duly stamped or inadequately stamped, cannot be cured in view of the proviso (a) to section 35 of the indian stamp act, 1899, as held by this court in the case of m/s. ..... sub-section 22 of section 2 of the indian stamp act, 1899 defines "promissory note" means a promissory note as defined by the negotiable instruments act, 1881; it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen .....
Tag this Judgment!Court : Mumbai Aurangabad
..... while allowing the appeal, the co-operative appellate court relied upon the provisions of bombay stamp act and has taken a view that, sub-section (b) of section 11 of the indian stamp act, 1899, provides bills of exchange and promissory note drawn or made out of india may be stamped, however, the said provision is not ..... it is submitted that, when the disputant presented promissory notes in the evidence, same were not stamped and in view of the proviso to section 35(a) of the indian stamp act, 1899, the power to admit in evidence an instrument upon the payment of duty and penalty, is not applicable to bill of exchange, promissory note or instrument not chargeable to duty exceeding 10 ..... is further submitted that, the co-operative appellate court has committed error of law while applying the provisions of section 11 of the indian stamp act, 1899, and wrongly held that, promissory note is not required to be stamped. ..... defect that, promissory note is not duly stamped or inadequately stamped, cannot be cured in view of the proviso (a) to section 35 of the indian stamp act, 1899, as held by this court in the case of m/s. ..... sub-section 22 of section 2 of the indian stamp act, 1899 defines "promissory note" means a promissory note as defined by the negotiable instruments act, 1881; it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen .....
Tag this Judgment!Court : Mumbai Aurangabad
..... present application are as follows:- respondent has filed a complaint bearing scc no.9038/2004 before the judicial magistrate first class, aurangabad against the applicant-original accused for having committed an offence punishable under section 138 of the negotiable instruments act. ..... said application exh.35 also resisted on the ground that respondent-complainant did not prove the contents of the notice as per the provisions of the indian evidence act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the charge sheet is filed against them for offences punishable under section 306, 506 read with section 34 of the indian penal code and for offences punishable under section 32, 33(a), (b) of bombay money lending act. 2. ..... it is observed that if due to demand made by the accused, the other person commits suicide, the act of the accused by itself will not amount to abetment within meaning of section 107 of the indian penal code. ..... advocate for the applicants submitted that even if the allegations made against the applicants are accepted as they are, the allegations are not sufficient to make out the case of abetment as defined in section 107 of the indian penal code. ..... at the time of deciding application filed for discharge, the court is required to consider the provisions of section 227 and 228 of the code of criminal procedure. ..... there is difference between the requirement of section 227 and 228 of cr.p.c.. ..... the provision of section 227 of cr.p.c. ..... case, in view of the facts of the case and the conduct of the accused like telling the deceased to go and die was held not to be sufficient to prove instigation as required for the proof of abetment u/s 107 of the indian penal code. ..... it was submitted that from the conduct of the applicant, it can not be inferred that the intention was to provoke, incite or encourage the doing of an act like suicide. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence, and (4) if under the document a party gets exclusive possession of the property, prima facie, he is considered to be a tenant; but circumstances may be established which negative the intention to create a lease.? ..... the provisions of section 108 of the transfer of property act in respect of lease and section 52 of the indian easements act were considered by the apex court. ..... 12) in the case of jagannatha (cited supra), the karnataka high court has discussed the provisions of section 52 of the easements act 1882 and it is observed that when defendant claims that he is not licensee and he has better title, burden is on him to prove such case. ..... in the first case, after considering provisions of section 9 of the civil procedure code this court laid down that if special court, tribunal is not constituted under the special act, the provisions for referring matters before such special court or tribunal become ineffective and the aggrieved person has right to proceed in ordinary civil court. ..... 19) the learned counsel for the appellant requested for stay to the judgment and decree. ..... 13) in the case of the new bus sand shop owners association (cited supra) the apex court held that use of terms like lease, licence, rent, etc .....
Tag this Judgment!Court : Mumbai Aurangabad
..... this endorsement has presumptive value in view of the provisions of section 114 of evidence act and section 58 (c) of indian registration act. ..... 1 has given evidence that he had first made inquiry with shamrao, when shamrao had approached him for requesting him to purchase the land and then he had made inquiry directly with the land development bank and panchayat samiti as the amounts were due to these two institutions. ..... these circumstances need to be kept in mind while considering the case of plaintiffs that nominal sale deeds were executed to protect the land and the documents were executed as eknath was addicted to bad vices. ..... in the said decision, the apex court has held that the two substantial questions of law formulated by this court at that time were not substantial questions of law within the meaning of section 100 of the civil procedure code. ..... he was not witness on first sale deed and he admits that he learnd about the first sale deed when he went to act as a witness at the time of execution of second sale deed. 27. .....
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