Court : Mumbai Aurangabad
Decided on : Feb-04-2013
..... parade or other efforts for identification, the very filing of charge sheet turns out to be exercise based on guess work and hence is illegal to be a foundation of conviction. the identification before the court does not bring home the charge and the accused are entitled for acquittal. 11-u. the mistake in identification committed ..... that they reasonably believed that the girl is above 16 years of age is not a good defence as there is no legal foundation for recognizing this plea as a valid defence. 13-e. mere act of sexual relation with the minor below 16 years of age has been made culpable. 13-f. rape is typically an ..... perused the record. all appeals are being decided by this common judgment. 2. first information report was registered, taking statement of prosecutrix as the foundation. in all 23 accused were named in commission of the various acts. after investigation, the charge sheet was filed. all accused including one absconding accused ram salve were charged for their collective .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-05-2013
..... ii) or under section 17 (4) of the act, but, after giving evidence which can form basis, the directors will have to say about their or ..... therewith and duly made thereunder, including regulations made by the company in general meeting. (2) no regulation made by the company in general meeting shall invalidate any prior act of the board which would have been valid if that regulation had not been made." 13. the provisions regarding constitution of board of directors and powers of the board ..... the scope of his entrustment in duty. they will also be required to show that they were acting in good faith and they had taken preventive action that can be reasonably be taken. the initial burden may be on the prosecution to lay down foundation, to make case to satisfy the requirements of provisions of section 17 (1) (a) ( .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Dec-03-2013
..... development plan.521.2.2008collector, ahmednagar published a notification under section 126(4) of the mrtp act, 1966 read with section 6 of the land acquisition act, 1894 for the purpose of acquisition of land for construction of internal ring road.6immediately after petitioners came to know about the notification for initiation of ..... of the internal ring road.121.3.2008meanwhile, the sub divisional officer, shrirampur has issued notices under section 9(3)(4) of the land acquisition act on 1.3.2008.1312.3.2008petitioners have submitted an objection to the construction of internal ring road pursuant to the notice, urging that petitioners' representation ..... by way of synoptic notes, as verbose, nevertheless, it would be possible to condense those submissions, which are condensed as follows:- (a) the land acquisition act, is the parent and/or principal legislation authorizing acquisition of land for public purpose; (b) the mrtp act has its main objective of orderly development of towns, .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Sep-02-2013
..... effect, the caste claim at issue would, thus, now fall within the jurisdiction of the scrutiny committee under the said act. consequently, the judgment and order dated 8th october 1993, delivered by the appeal forum is also quashed and set aside. we are informed across the bar, that the scrutiny committee ..... scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificates act (act no. 23 of 2001). the maharashtra scheduled tribe (regulation of issuance and verification of) caste certificate rules, 2003, have been framed by the state ..... a validity certificate by the scrutiny committee. section 6 prescribes the procedure for verification of caste certificate by the scrutiny committee. these provisions and consequently act 23 of 2001, therefore do not tolerate validity given by any other authority as legal and binding for any purpose. 6. these provisions, therefore .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-04-2013
..... f.i.r., is surprising. 32. the learned counsel for the accused have relied on the case of state of andhra pradesh vs. punati ramuli and others, reported in air 1993 supreme court 2644. referring to the case, it has been argued that, in that matter, the hon'ble supreme court found that if the investigation officer delayed recording of f ..... offences punishable under sections 147, 148, 302 read with section 149 of the i.p.c., section 37(1) read with 135 of the bombay police act and section 4 read with 27 of the arms act. accused no.5 ritesh, however, was convicted only under section 147 of the i.p.c. for section 147 of the i.p.c., sentence ..... station, peth, beed under sections 302, 147, 148, 149 of the indian penal code, 1860 (i.p.c. in brief), section 27/4 of arms act, 1959 and under section 135 of the bombay police act, 1951. in the same night, post mortem was got done and clothes of the deceased were seized. the abandoned car was also seized. in the morning .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-23-2013
..... a situation, which is known in common parlance as a `mobocracy' akin to anarchy. such situation would present a contrast with the ideology which is the foundation of disqualification act. this court has to be alive to the background that a disciplined, well organized and party based political governance at the local self government bodies is ..... body of the municipal council, loha. the councilors who were disqualified carried two writ petitions, namely, writ petition no. 1875 of 2012 and writ petition no. 1993 of 2012. 10] the writ petitions were heard by the learned single judge of this court. the writ petitions were allowed and rule was made absolute, by ..... declared the councilors / the respondents therein as disqualified. 3] said judgment was challenged in two separate writ petitions, namely, w.p. no. 1875 of 2012 and 1993 of 2012, by two different councilors in each petition. both the writ petitions were allowed by the learned single judge of this court by judgment and order dated 7th .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-22-2013
..... reasons for taking recourse to sr 90 must be recorded. 24] had the rule provided a scheme of recording of reasons, those reasons become the ground of objective foundation. any such scheme is totally absent. 25] the nature of defence provided in summary inquiry ordinarily is assurance of observance of principles of natural justice and not ..... articles 14 and 21 of the constitution of india. [d] restrain the employer from conducting any inquiry whatsoever under service regulation no.90 or regulation no.88. 5] foundation of the prayers, as seen in the petition and as orally argued is as follows: [i] action under section service regulation no.90 (in short, sr 90) ..... cannot be validated by reading down. rule of law necessarily contemplates absence of arbitrary power.d.k. yadav v/s j.m.a. industries ltd. (1993) 3 scc 259duty to act in just, fair and reasonable manner must be read into the provisions. termination of services results in depriving right to livelihood implicit under article 21 of the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-23-2013
..... several judgments relied upon by the applicants in support of their case. it is further submitted that in view of the government resolution dated 12-10-1993, the agreement executed by the concerned authority is not sustainable. it is submitted that, in view of the said government resolution, procedure is prescribed and ..... 2009 bci 260, and in particular para no. 9 thereof, and submitted that, by filing of an application for reference under section 18 of land acquisition act, would itself manifest applicant's intention and therefore, protest against award of collector is implied notwithstanding acceptance of compensation. thus, reference could not have been rejected ..... is further contended by the counsel appearing for the revision applicants that, duty performed by the collector while dealing with the provisions of the land acquisition act is of administrative nature and therefore, the collector is bound to refer the reference to the competent civil court since the civil court can go into .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-26-2013
..... 27 july 2005. para 10 reads thus: 10. by relying upon some judicial pronouncements of the supreme court, learned app has tried to strike at the foundation of the writ petition. we may say that the cases were relied upon to apprise us of the scope of a writ petition challenging the detention order ..... : the legislature has made only the subjective satisfaction of the authority making the order essential for passing the order. the contention that because in the amending act of 1951 an advisory board is constituted, which can supervise and override the decision taken by the executive authority, and therefore, the question whether the grounds ..... powers conferred by sub section (1) of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (for short, the act of 1981 ) is challenged. 2) the detaining authority was satisfied that the petitioner was possessing dangerous weapons and indulged in creating terror and fear .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Apr-03-2013
..... shows different versions. the industrial court has considered the case of the complainants that the complainants are working with the respondent - petitioner herein as daily wagers since 1993, 1994, and 1995 and they have completed more than 240 days in each calendar year. the petitioner - municipal council continued the respondents - complainants for years ..... with or without back wages, or the payment of reasonable compensation), as may in the opinion of the court be necessary to effectuate policy of the act. the power given to the industrial and labour courts under section 30 is very wide and the affirmative action mentioned therein is inclusive and not exhaustive ..... engaging in unfair labour practices under item 5 and 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, and directed the petitioner herein to cease and desist from engaging in such unfair labour practices. the petitioner herein was further directed to regularize .....
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