Court : Mumbai Nagpur
..... submits that it also pointed out that the concession could have been extended to the industrial undertakings and as the petitioner was not such an undertaking regulated by the provisions of the industries development and regulation act, 1951, the provisions of rule 4 of the octroi rules were not attracted in its matter. ..... the learned counsel submits that as the administrator is appointed under sections 313 and 314 of the maharashtra municipalities act, 1965, he substitutes the general body, standing committee as also the chief officer. ..... there the employees of housing board were being paid bonus for several years and suddenly housing board turned around to contend that in terms of provisions of section 32(v) (c) of the payment of bonus act, its establishment was exempted from the provisions of the said enactment. ..... in rejoinder the petitioner has disclosed that it has a licence issued by the government of india, ministry of industries, department of industrial development styled as licensing of industrial undertakings under the industries (development and regulation) act, 1951, issued on 04-05-1972. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 287, with reference to section 58 repeal and saving clauses of the maharashtra rent control act, 1999 ( in force since 1.7.2000), it is held that the new act does not put any restriction upon landlord to withdraw the proceeding pending under c.p. ..... according to learned counsel for the appellant, the plaintiff has now option to withdraw the suit and institute fresh proceeding under the new rent act or to continue under the old proceedings before the rent controller under the old law.6. ..... and also to get the question determined as to the extent, area, size of the premises let or given on license and status of the parties qua the premises by approaching the competent court under the new rent act, relying upon admission ,if any, given on behalf of defendant in past legal proceedings. ..... learned counsel also submitted that section 58(2) of the maharashtra rent control act is not retrospective but prospective in application. ..... option is for the landlord to continue proceedings pending under the old act or to withdraw it to start new proceedings under the new act.7. ..... & berar regulation of letting of accommodation act, 1946 including central provinces & berar letting of houses & rent control order, 1949 and to institute a fresh proceeding under the new act. ..... it permits landlord to prosecute the proceedings before the rent controller under the old act if he so desired. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and another, air 2004 sc 252, has held that merely because an employee is shown to have acted negligently in passing the vouchers cannot be itself sufficient for bringing him under the purview of section 409 of the indian ..... is further to be noted that the powers under the maharashtra felling of trees (regulation) act, 1964 for grant of permission to cut the trees are with the tree officer, i.e. ..... is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. 7. ..... after following procedure prescribed under the maharashtra felling of trees (regulation) act, 1964, the permission was granted in favour of said shri govinda ..... unless the prosecution has some material to show that the act done by the person is done with criminal intention, it will not be appropriate to sustain such a first ..... 15] insofar as the contention that the applicant has failed to act in accordance with the duties which are assigned to him is concerned, merely because a person does not discharge his duties properly, cannot be a ground for charging him ..... to make a person criminally accountable, it must be proved that an act, which is forbidden by law, has been caused by his conduct, and that the conduct was accompanied by a legally blameworthy .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of maharashtra and others (supra), the division bench of this court at nagpur has held that when vehicles not using public road are subject to tax under the bombay motor vehicles tax act, 1958 levy would be declared as confiscatory in character and beyond competence of state legislature. ..... , we have already noted that the motor vehicle rendered unfit on any count is also subjected to bombay motor vehicles tax act, 1958 and definition of motor vehicle in section 2(2b) therein needs to be understood in this backdrop. 14. ..... is in this background that the honble apex court has then looked into the contention of state of orissa, that definition of motor vehicle in the said state act was not a definition by incorporation, but only a definition for reference. 13. ..... there explanation to section 3(1) of the karnataka motor vehicles taxation act contained a deeming provision and its effect was that as long as the certificate of registration of motor vehicle was valid and in force, the motor vehicle was deemed to be suitable for use on ..... subsection [2] prescribes that the provisions of 1958 act and rules made thereunder excluding those relating to refund of tax mutatis mutandis apply in relation to levy, assessment and calculation of environment tax payable under subsection ..... this background attention is invited to section 2(2b) of the 1958 act to show that it adopts the definition of motor vehicle given in the motor vehicles act, 1988 (hereinafter referred to as the 1988 act for short). .....
Tag this Judgment!Court : Mumbai Nagpur
..... ble apex court after analysing various judgments of the supreme court held that having regard to the object of fastening of criminal liability for dishonour of cheque by inserting chapter-xvii in the negotiable instruments act, 1881, there was need for making liberal use of the provision of awarding of compensation as contained under section 357(3) of cri. p. c ..... respondents are convicted of the offence punishable under section 138 of the negotiable instruments act, 1881 and respondent no.2-sureshkumar sagarmal nevtia is sentenced to suffer simple imprisonment for ..... act, 1881 inserted by the banking public financial institutions and negotiable instruments laws (amendment) ..... 08/6/2001 passed in summary criminal case no.14408 of 1998 by 9th judicial magistrate, first class, akola, thereby acquitting the respondents-accused of the offence punishable under section 138 of the negotiable instruments act, 1988 (the n.i. ..... . act, now, it would be necessary to examine the question as to what should be the sentence and quantum of compensation, which could be termed as adequate, just and proper so as to meet the ..... . act arose, the maximum punishment prescribed for the offence under section 138 was of only one year and in this case, since the cheque was issued towards discharge of commercial liability, maximum ..... act against the respondents related to a cheque bearing no.656523 dated 23/2/1998 for rs.25,000/- it was issued by respondent no.1 being the huf of which respondent no.2 was the manager .....
Tag this Judgment!Court : Mumbai Nagpur
..... ' a person, if he closes his account, then apart from the fact that it may amount to offence of cheating also it would certainly be an offence 6] criminal revision no.280/2007 punishable under section 138 of the negotiable instruments act because there was no sufficient fund to honour the cheque in that account or there was no fund to honour the cheque in that account. ..... the learned trial magistrate, who considered the evidence led, concluded that the accused had committed offence punishable under section 138 of the negotiable instruments act and convicted the accused accordingly and sentenced him to suffer simple imprisonment of three months and to pay fine of rs. ..... 1816 in order to submit that this court had observed with reference to penal liability under section 138 of the negotiable instruments act that it is not necessary to prove that there was bank account alive at the time of presentation of cheque in bank ..... 9] considering the necessary ingredients of offence punishable under section 138 of the negotiable instruments act that 8 criminal revision no.280/2007 the cheque was drawn by the accused of an account maintained by him with the banker (1) it was presented to the banker but dishonoured by non-payment with remark "payment stopped" by ..... 8] the penal liability under section 138 of the negotiable instruments act is attracted when cheque is dishonoured by non-payment and the amount remains unpaid within the stipulated time, despite legal demand made in respect of dishonoured .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1 to 8 along with absconding accused sheikh juned shahanoor @ shanu also reached at saiba hotel, yavatmal and agreed with absconding accused no.10 mahesh thakur to do an illegal act to wit to commit murder of prashant dube, and you accused did the same act to wit commit murder beside the agreement in pursuance of said agreement to commit offence of murder of prashant dube punishable with death sentence and thereby committed an offence punishable u/s 120-b of indian penal code and within ..... postulates an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal, by illegal means. ..... at the most, the act of accused no.6 may be considered as a threat and nothing beyond that. 13. ..... the memorandum leading to recovery was recorded three days prior to the actual recovery under section 27 of the indian evidence act. ..... however, on perusal of the record, we find that the recovery of weapons has been done without following the procedure contemplated under section 27 of the indian evidence act. ..... is not a substantive piece of evidence but it can be used to corroborate the witness or to contradict him under section 145 of the indian evidence act. ..... the appellants are acquitted of the offence punishable under section 4 read with section 25 of the arms act. 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... oral judgment: the appeal is against the judgment and order dated 9th of october 2006 in workmen's compensation act case no.8 of 2004 passed by the learned commissioner, workmen's compensation, akola whereby the compensation was awarded in the sum of rs.6,68,130/-. ..... the proposition thus follows that under the act the liability of the employer to compensate the workman arises as soon as personal injury is caused to the workman resulting from the accident on account of the employment or in the course of it. ..... it is duty of the employer to pay the compensation under section 4(1) (a) of the act as soon as personal injury is caused to the workman. ..... amount of compensation (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:-(a) where death results from the injury,anamount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand ..... 6) schedule iv under section 4 of the act mentions relevant factor 222.71. ..... 5) under the workmen's compensation act (8 of 1923), the employers liability is broadly stated as under section 3. ..... section 19 of the act does not suspend it. ..... this is just and fair compensation prescribed by the legislature irrespective of the demand by the claimants which may be less or more than what is awardable under the act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... unless there is clear mens rea to commit the offence or an active act or direct act which led the deceased to commit suicide seeing no option or the act intending to push the deceased into such a position, the trial against the accused under section 306 cannot be permitted. ..... issuance of a legal notice by one of the accused cannot be said to be an act being committed with an intention to aid or instigate or abet the deceased to commit suicide. ..... there is neither any instigation nor any intentional act done which compelled the son of non-applicant no.2 to commit suicide. ..... there is neither any active or direct act on the part of the applicants which led said purushottam to commit suicide. ..... there was no positive act on the part of the applicants in either aiding or instigating or abetting purushottam to commit suicide. ..... without a positive act on the part of the accused in aiding or instigating or abetting the deceased to commit suicide, the said person cannot be compelled to face a trial. .....
Tag this Judgment!Court : Mumbai Nagpur
..... : (1) the following documents shall be registered, if the property to which they relate is situated in a district in which, and if they have been executed on or after the date on which, act xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely, - (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present ..... of the learned trial court dismissing the suit of the plaintiff on the ground that the impugned lease is for the period of five years and the same requires compulsory registration under section 17 (1) (d) of the registration act in spite of observing that the unregistered document cannot be admitted for proving the relationship of landlord and tenant and duration of the lease and allow the appeal? ..... sons, (2000) 6 scc 394, the question arose whether a tenant of a building could be evicted by filing a suit in the regular court when the building is situated in an area covered by the kerala buildings (lease and rent control) act and when the lease was for a period of more than one year and the lease deed was not registered. .....
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