Court : Mumbai Nagpur
Decided on : Jan-17-2014
..... it purports to be signed: provided that the court may, in its discretion, require such signature to be proved.? the aforesaid section was introduced by amendment after year 1970. section 294 cr.p.c. was enacted with a view that the prosecution evidence may be shortened and the prosecution may not be required ..... of the helpless old woman of about 75 years, who was brutally killed and the manner in which she was done to death by causing multiple injuries on vital parts of her body with a big knife, respondent no.1 does not deserve any leniency particularly because he enjoyed the position ..... accused gives such application, none cares to see that the format of list under section section 294(2) has been prescribed. in criminal manual chapter vi para 32, such a form is prescribed which reads thus: admission of certain documents ..... and lists are submitted to the court and the court has been accepting the said lists mechanically and going ahead with the hearing and orders on section 294 (1) application. thus, both the prosecutor as well as presiding officer of the court, ministerial staff and in cases where counsel for the ..... of everyone and thereby disturb the moral fibre of the society would call for imposition of capital punishment in order to ensure that it acts as a deterrent.? 39. we then find that though we are convinced that the case of the prosecution based on the evidence displayed, established the commission of .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-26-2014
..... dismissed. 17. for appreciating the rival controversy, it will be relevant to refer to clauses (f) and (j) of section 2, section 3, sub-section (1) of section 4, sub-section (1) of section 5, section 7 and section 8 of the act. clause (f) of section 2 of the act provides that proprietors? means the partnership firm, namely, the shivraj fine art litho works, nagpur, registered under the indian partnership ..... the aforesaid properties, which are not connected with the industrial undertaking, are sought to be acquired by the state government, by virtue of deeming provision provided under sub-section (1) of section 4 of the act without paying any compensation. perusal of the affidavit filed by the state government reads thus : 15) .. (ii) the value of the assets which have been declared by ..... statute must satisfy that it has nexus with the object to be achieved under article 39(b) and (c) of the constitution in order to get protection under article 31c of the constitution. as already discussed hereinabove, we have held that sub-section (1) of section 4 of the act, which by a deeming provision, provides for acquisition of the properties of the petitioners ..... v. state of orissa (1969) 3 scr 374: (air 1969 sc 1081), vrajlal manilal and co. v. state of madhya pradesh (1970) 1 scr 400 : (air 1970 sc 129) and r. c. cooper v. union of india (1970) 3 scr 530: (air 1970 sc 564). i would adopt the same approach in the construction of article 31c and hold that it is not every .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : May-09-2014
..... has any office here and further leave has not been taken under clause 12 of the letters patent before filing the suit. plaintiffs have filed present suit based on section 6 of the admiralty courts act, 1861 or account of loss suffered by them for failure of the vessel to deliver the goods ..... case of kaliburn engineering ltd v oil and natural gas corporation ltd and another (air 2000 bombay 405) which lays down that as per section 7 of the contract act, 1882, acceptance of the offer must be absolute offer and acceptance must be founded on (i) certainty, (ii) commitment and (iii) communication ..... 3/10/2011 does constitute a concluded and binding contract between the appellant and the respondent. it satisfies the requirements of section 2 to 7 of the indian contract act. the correspondence through e-mail exchange between the parties contains offer and final acceptance by the parties of the terms and ..... corporation of india v raja vasireddy komalavalli kamba and others (air 1984 sc 1014), (2) badri prasad v the state of madhya pradesh and another (air 1970 sc 706), (3) hardar singh v bagun sumbrui and others (air 1972 sc 1242) and (4) kaliburn engineering ltd v oil and natural gas corporation ..... decree of damages to the tune of rs.50 crores against the respondent. along with the suit the appellant also filed an application under order xxxix rule 1a of the code of civil procedure seeking ad interim injunction to thereby restrain the respondent from prosecuting its claim in the high court of .....
Tag this Judgment!