Court : Mumbai Aurangabad
..... the oral and documentary evidence adduced / produced by the complainant and the accused, as well as, considering rival submissions advanced by the learned counsel for the parties, learned trial court arrived at the conclusion that the cheque in question, was not issued by the accused to the complainant towards discharge of legally enforceable debt / liability, and therefore, acquitted the accused for the offence punishable under section 138 of the negotiable instruments act, 1881, by the impugned judgment and order dated ..... has further denied that the boilers, which were referred by him earlier, are mentioned in challan exhibit 24, and stated that he does not know whether the said boilers and other machines are still lying with accused for the purpose of repairs and maintenance which were delivered by his son. 20. ..... 50,000/- to the complainant on 31-1-1998 towards part payment, and the accused assured that the said cheque would be ..... 50,000/- as a part payment along with letter at ahmednagar, and the said cheque is produced at exhibit 20, and the letter bearing signature of ashish, son of accused, is produced at exhibit ..... postal department gave information of the said notice to the accused on 3-3-1998, but still the accused failed to make payment of the said cheque amount to the complainant, and hence, it is alleged that the accused deceived the complainant deliberately and intentionally, and also committed offence punishable under section 138 of the negotiable instruments act, 1881. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... [4] whether it is necessary to issue direction to hold detailed enquiry for the conduct of the respondent no.4 towards the petitioners grievance against the order of suspension, charge sheet and other harassment, all being aimed at the sexual harassment of the petitioner by transferring and removing the respondent no. ..... purpose:- for challenging and complaining that the act of issuing charge sheet and all other acts of the respondent no.4, which were deliberate acts of sexual harassment to the petitioner and for direction to the state to take action against the respondent no.4. ..... 4072 of 2011 and prayed therein for reliefs, which read as follows: main relief:- (b) by issuing an appropriate writ, orders, directions or by passing an appropriate order in the nature of writ of mandamus, respondent no.2 state commission for women may please be directed to constitute the inquiry committee, as contemplated in directions of honble supreme court in case of vishakas case [air 1997 sc 3011] read with section 8 of the maharashtra state commission for women act, 1993 [mah. ..... 6422 of 2012: [1] is the petitioner entitled for writ of mandamus for enforcement and implementation of the findings and observations contained in the report of the respondent no.1 dated 06/09/2012 {annexure a to the petition in w.p. no. ..... 49] in the circumstances, parties are directed to bear own costs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... [4] whether it is necessary to issue direction to hold detailed enquiry for the conduct of the respondent no.4 towards the petitioners grievance against the order of suspension, charge sheet and other harassment, all being aimed at the sexual harassment of the petitioner by transferring and removing the respondent no. ..... purpose:- for challenging and complaining that the act of issuing charge sheet and all other acts of the respondent no.4, which were deliberate acts of sexual harassment to the petitioner and for direction to the state to take action against the respondent no.4. ..... 4072 of 2011 and prayed therein for reliefs, which read as follows: main relief:- (b) by issuing an appropriate writ, orders, directions or by passing an appropriate order in the nature of writ of mandamus, respondent no.2 state commission for women may please be directed to constitute the inquiry committee, as contemplated in directions of honble supreme court in case of vishakas case [air 1997 sc 3011] read with section 8 of the maharashtra state commission for women act, 1993 [mah. ..... 6422 of 2012: [1] is the petitioner entitled for writ of mandamus for enforcement and implementation of the findings and observations contained in the report of the respondent no.1 dated 06/09/2012 {annexure a to the petition in w.p. no. ..... 49] in the circumstances, parties are directed to bear own costs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . section 2(b) and (c) of the 1971 act which define civil and criminal contempt read as under: "2(b) `civil contempt' means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; (c) `criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which- (i) scandalises ..... for the purpose of enforcing an undertaking that undertaking is treated as an order so that an undertaking, if broken, would involve the same consequences on the persons breaking that undertaking as would their disobedience to an order ..... landlord, the school premises were rented premises and as a result of non payment of rent to the original landlord, some of the record was seized by the landlord and he was not ready to hand over the ..... 6 and 7 of the affidavit filed by the alleged contemnor and submitted that the petitioner did not hand over the charge to respondent no.3 and ..... to advance the cause of public interest, which requires maintenance of rule of law, to protect which contemners ..... that while awarding sentence on a contemnor the court does so to uphold the majesty of law, and not ..... careful reading of the said affidavit, the sum and substance of the contention of the alleged contemnor appears to be that due to unavailability of the necessary record, and since the record was with the petitioner ..... .....
Tag this Judgment!Court : Mumbai Aurangabad
..... provision of section 127(2)(c) providing for cancellation of maintenance order is also relevant in this regard and it is as follows: (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance after her divorce, cancel the order from the date ..... section 125 (4) no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual ..... is the case of the wife that there was an agreement to make provision of residence and maintenance for the wife and the issues, but that part of agreement was never complied with. ..... sessions court has held that though there was such agreement, that agreement is not enforceable in view of the provisions of the contract act. ..... state of gujarat and others), the apex court has discussed the object behind the aforesaid provisions of the code of criminal procedure and has made some observations on the approach, which needs to be adopted by the courts at the time of appreciation of evidence in such ..... the sessions court has awarded maintenance at the rate of rs.1,000/- per month in favour of respondent ..... the present case, no amount was paid under the document and there is no convincing evidence on the payment of consideration. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... their, in the act of 1865, section ii (j) was incorporated, providing that the person whose name is entered authorisedly in the survey papers, for other public accounts, is responsible to government for payment of the assessment due upon any field or recognised share of a field. ..... of this judgment, i have referred to few definitions and important is the definition of term "occupant" under section 3(16) of the bombay land revenue code, 1879, it has been provided that the survey officer had occasion of making or revising a settlement of land revenue, to prepare a register to be called "the settlement register" showing the area and assessment of each survey number with any other particulars that may be prescribed and other records in accordance with such orders as may from time to time be made ..... ramu rakhamaji kalhatkar and anr, relied upon by the petitioners to contend that when any issue would arise for consideration in the suit which can be decided, settled or dealt with by the competent authority under the act, it is not open for the civil court to adjudicate the same because of the express bar under section 36a of the act. 14. ..... this regulation of 1968, has been made enforceable to the area of whole of the hyderabad state which is laid down under section 1(2). ..... outcome of the report was, an "act to provide for the preparation and maintenance of record of rights in the lands of the bombay presidency". ..... the courts enforced partitions without record to the joint rules. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is also disclosed that in the year 1996, an application under section 9 of the hindu marriage act for restitution of conjugal rights was filed in civil court at jalna by the husband against the wife and the said proceedings for restitution of conjugal rights were decreed in favour of the husband, however ex parte. ..... further, he submitted that in view of the decree for restitution of conjugal rights the wife is not entitled to move the application for maintenance, because it is proved in the said proceeding that it is the wife who has deserted the husband, making herself disentitled to claim the relief under section 125 of the code of criminal procedure. 8. ..... much stress is given by the learned counsel appearing for the petitioner that the wife along with the daughters who are entitled for moving the application under section 125 of the code of criminal procedure on second occasion when previously their application for maintenance was rejected. ..... the cause of action to enforce the right of maintenance by the wife along with the daughters is continuous one. ..... 8 was filed, the ex parte order was under challenge before the appellate court and it could not be said that the order granting the decree of restitution of conjugal rights, which was ex parte in nature, has attained finality. ..... therefore, the present petition is required to be dismissed with costs, and accordingly, the petition is dismissed with costs of rs.2,000/-. 12. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... state of orissa and others, wherein it is held that: "where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute alone ..... we, therefore, set aside the impugned order and remand the matter to the state commission to give opportunity to the parties concerned as per the provisions of section 64 of the electricity act and hear the matter in a transparent manner and pass the final order uninfluenced by its earlier findings, as ..... state commission should have followed the mandatory procedure contemplated under section 64 and 86(3) of the electricity act, 2003 by issuing public notice and giving opportunity to the consumers to raise objections/suggestions on the retail supply of tariff proposed and only after considering these objections/suggestion, should have determined ..... exercised by the high court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the fundamental rights contained in part iii of the constitution of also for "any other purpose." 18. ..... to the above observations, it appears that the appellate tribunal has directed respondent no.2 to pass order after following relevant provisions of the electricity act and further it was clarified that the tribunal has not given any opinion on the merits of the ..... order as to costs. ..... company to recover huge amount of rs.3450.13 crore, practically increasing cost by 20% to the consumers. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... v/s the state of maharashtra and others), and submitted that this court may pass appropriate orders in the interest of justice. ..... to 3 to take appropriate steps and follow the procedure established under the maharashtra water resources regulatory authority act, 2005 and other consequential reliefs. ..... therefore, it is abundantly clear that various high courts and the hon'ble supreme court have taken a view that right to potable water is a fundamental right of the citizens, and therefore, for enforcement of fundamental rights, the citizens can approach the high court and the high court is well within its jurisdiction to entertain such causes/issues brought before it. ..... to 9 also had given offer that they would supply water which was otherwise to be used by them for maintenance of cricket pitches to the villages which are nominated by the chief minister or by this court. ..... it is submitted that the maharashtra water resources regulatory authority [mwrra] act, 2005 requires every person / industry to possess entitlement before using water for any purpose from any source of water in the state of maharashtra, and has laid down guidelines based on which such entitlements may be given ..... the learned counsel invited our attention to the information received by the petitioner under right to information act from respondent no.1, vide letter dated 20th june, 2011, thereby depicting excess/unauthorized production of liquor in the state of maharashtra from the statistical data from the year 2006 to .....
Tag this Judgment!Court : Mumbai Aurangabad
..... costs; and b a qualified auditor preferably a chartered accountant be appointed as internal auditor and he be directed to conduct through internal audit of the firm and submit his detailed report to this tribunal within a specified time for which schedule be kindly fixed; and c the appointed internal auditor be kindly permitted to seek the help and services of the persons who are expert and qualified in computer technology; and d the respondent nos.1 & 2 be directed and ordered to supply and give all the books of accounts, documents, data and all such other ..... section 17 of the 1996 act, no power is conferred upon the arbitral tribunal to enforce its order nor does it provide for judicial enforcement thereof ..... of the firm as per their respective shares in the firm; and c the accounts of the firm from the date of its incorporation till the date be kindly taken from the respondent nos.1 7 2 and the said respondents be ordered to render the true, correct and truthful accounts, and for the purposes independent and impartial auditor be kindly appointed to conduct detailed audit of the firm and thereby finalize the accounts of the firm correctly; and d the claimant be awarded an amount of rs. ..... be noted that the dispute raised before the arbitral tribunal is in respect of maintenance of accounts of the partnership firm. ..... have been granted to the claimant by any of them although the claimant was ever ready to pay the requisite charges and expenses required for grant and issue of the copies. .....
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