Court : Mumbai Aurangabad
..... case, at about the same time and at the same place, accused nina tadas assaulted pw-5 vijay khadse by knife with such intention and knowledge and under such circumstances that if by that act, he would have caused death of pw-5 vijay then he would have been guilty of murder of vijay khadse and thereby respondent/accused caused hurt to pw-5 vijay khadse making him liable for punishment ..... learned trial court further doubted the case of prosecution for the reason that according to the prosecution case, as reflected in letter exhibit 34 dated 5.9.1994, written by police station officer to the medical officer pw-5 vijay khadse suffered injury to ring finger of his right palm, whereas, as per the version of pw-5 vijay khadse, he suffered injury ..... a reason that, the same was not filed with the charge sheet and it does not bear seal and signature of the police station, the learned trial court, drew inference that exhibit 39 might have been prepared to fill up the lacuna and with ..... medical officer, rural hospital, bodwad, that along with dead body of gajanan tadas, he received report (exhibit 13) from police station with inquest memorandum (exhibit 12) and then he conducted post mortem examination on dead body of gajanan tadas from 9.30 ..... and iron box was unlocked is of no consequence because, ultimately it was the fact discovered on the basis of information given by the accused while in police custody and thus, this evidence is relevant under section 27 of the indian evidence act, 1872. .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR829
..... took down a statement incorrectly, but also assaulted a witness, and it was held that whilst sub-section 80(3) of the police act gave protection from an action so far as it related to taking down a statement incorrectly, because he was acting in the discharge of his duty and the authority conferred by sub-section 51(1)(b) of the police act, it did not protect the police officer from the alleged assault, as that could not be said to have been committed under colour or even in ..... legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of the act, or the rules made thereunder, and the more general provisions of section 80 of the district police act which are in these terms:-(1) no commissioner, magistrate or police-officer shall be liable to any penalty or to payment of damages on account of any act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision ..... in bad faith, and whether if they did, their actions or intentions were so in excess of their duty or authority, as to deprive them of the status of acting under colour of it, and so deprive them even of the protection of sub-section 80(3) of the police act; for, a comparison of the language of sub-sections 80(1) and (2) with sub-section 80(3) of the police act makes it plain that it is not every act of bad faith which is deprived of the more extended protection given by sub-section 80(3): narayan v .....
Tag this Judgment!Court : Mumbai Nagpur
..... on safer side, even if we disbelieve the evidence of sahadeo (pw-6) on the ground that his evidence may be false, considering the delay or gap of six to seven days since the incident in recording of his police statement and also his unnatural conduct that he did not inform police about such a serious incident witnessed by him; thus, notwithstanding that we brush aside the evidence of sahadeo as wholly unreliable, we do find that the evidence of witness sunita is reliable and is amply ..... while normal discrepancies do not corrode the credibility of a party's case, material discrepancies do so under the indian evidence act; trustworthy evidence given by even a single witness would be enough to convict an accused person, whereas evidence given by multiple numbers of witnesses which is not trustworthy would not be enough to sustain the conviction. 15 ..... his evidence has been vehemently criticised by the learned advocate for the appellant on the ground that his statement was recorded by police after six to seven days' gap after the incident and he may be a got up witness. ..... the first information report was lodged by sunita subhash gade (wife of the deceased) at police station, jalamb about the incident which occurred on 3/01/2007, at about 7 p.m. ..... evidence of sahadeo is also criticised on the ground that it is unnatural that he will not report the incident to police had he really seen the incident of assault. ..... sarpanch made a phone call to police station and then police had arrived by a jeep. .....
Tag this Judgment!Court : Mumbai Nagpur
..... on safer side, even if we disbelieve the evidence of sahadeo (pw-6) on the ground that his evidence may be false, considering the delay or gap of six to seven days since the incident in recording of his police statement and also his unnatural conduct that he did not inform police about such a serious incident witnessed by him; thus, notwithstanding that we brush aside the evidence of sahadeo as wholly unreliable, we do find that the evidence of witness sunita is reliable and is amply ..... while normal discrepancies do not corrode the credibility of a party's case, material discrepancies do so under the indian evidence act; trustworthy evidence given by even a single witness would be enough to convict an accused person, whereas evidence given by multiple numbers of witnesses which is not trustworthy would not be enough to sustain the conviction. 15 ..... his evidence has been vehemently criticised by the learned advocate for the appellant on the ground that his statement was recorded by police after six to seven days' gap after the incident and he may be a got up witness. ..... the first information report was lodged by sunita subhash gade (wife of the deceased) at police station, jalamb about the incident which occurred on 3/01/2007, at about 7 p.m. ..... evidence of sahadeo is also criticised on the ground that it is unnatural that he will not report the incident to police had he really seen the incident of assault. ..... sarpanch made a phone call to police station and then police had arrived by a jeep. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR585
..... supreme court was pleased to observe ---'in the light of these well-established principles, it is clear that the court cannot bridge the gap or supply this apparent omission in the corporation act with regard to the returned candidate's claim to recriminate, by importing principles of common law or equity, the maxim cases omissus at oblivioni flatus disposition communis juris relinquitur being inapplicable to the construction of election statutes ..... jaswant chobbildas rajani and others, : [1976]3scr832 wherein the supreme court observed that when the election of the president of the municipal council under the maharashtra municipalities act is held to be invalid on the ground of disqualification for being a councillor and when only two candidates contested, the other candidate with valid nomination would automatically get elected for want of contest and fresh poll is ..... an interesting point has been raised in this petition whether a candidate who has lost election and has filed election petition under section 15 of the bombay village panchayats act, 1958 succeeds in proving that returned candidate was not qualified to be elected, would be entitled for a declaration that he is elected in place of the returned candidate ..... 'therefore, there was a power entrusted with the district court where the petitioner challenged election under the maharashtra municipalities act can declare petitioner or any other candidate elected in case it is found that he had received sufficient number of valid .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(85)ARBLR458(Bom); 1983(2)BomCR375
..... the decision of the supreme court holding that the character and standard of proof required under section 10(1)(b) of the hindu marriage act was less stringent from that required under the english law as laid down by the judicial decisions. ..... of the accidental meeting on cadel road with lalji was absolutely false and can be proved on the basis of ''the report of the police and application before the motor accident claims tribunal filed in this behalf''. ..... 776 may be usefully reproduced :---'...it is, in my view, equally undesirable if not impossible by judicial pronouncement to create certain categories of acts or conduct as having or lacking the nature or quality which render them capable or incapable in all circumstances of amounting to cruelty in cases where ..... and causing annoyance, wrath and displeasure to him, he was also looking towards her with love and affection and like dutiful husband ''he had pardoned her for the acts of infidelity and had always tried to persuade and bring her on right path''. ..... sued, therefore, for divorce under section 13 of the hindu marriage act and also for the custody of the two minor children born out ..... i am unable to agree that as a consequence of the amendment to the hindu marriage act there is any revision to the english concept of cruelty as required as required to be proved or established in divorce or judicial ..... at mahim police station in april ..... petitioner and had threatened her, on account of which she lodged the complaint at mahim police station. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR841; 2001(2)BomCR597; (2001)4BOMLR249; 2001(3)MhLj916
..... time being in force, or any judgment, decree or order of any court, tribunal or authority, the collector, either suo motu at any time, or on the application of a tribal transferor made within thirty years from the commencement of this act shall, after making such inquiry as he thinks fit, direct that--(i) the lands of the tribal transferor and non-tribal transferee, so exchanged shall be restored to each other; and the tribal-transferor, or as the case may ..... , then the collector shall, notwithstanding anything contained in any law for the time being in force, either suo motu at any time or on an application by the tribal made within thirty years from the commencement of this act and after making such inquiry as he thinks fit, direct that the land shall, subject to the-provisions of sub-section (4) of section 3, be restored to the tribal free from all encumbrances and that the amount of purchase ..... tribes as a distinctive class and the preservation of their culture and way of life, based as it is upon agriculture which is inextricably linked with ownership of land, requires preventing an invasion upon their lands and legislations like the act or similar statutes are some of the measures undertaken by different state governments and are aimed at to fulfil the constitutional guarantee of state policy enshrined under article 46 of the constitution. .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR404
..... disturbance as being the natural result of the exercise of his own right of enjoyment if such exercise be excessive or extravagant or extraordinary or result in danger or in injury or inconvenience which might be easily avoided, nor can any act be justified as an ordinary user of premises which results in substantial interference with the ordinary use and enjoyment of property by other persons (see halsbury, vol. ..... this conclusion is, in our opinion, nothing more than the application of the principle in section 23 of the indian easements act to the natural rights which are closely akin to easements, as has been pointed out by the full bench of the madras high court in the case of ..... so that if it breaks away it must be a danger to his neighbour, and must do him injury: there such man is liable though he does nothing to let the water out-but it bursts away without any subsequent act of his.but then it is suggested that if a person has not brought the danger on his land it makes a difference. ..... 136):there is something existing which is injurious to your property, and the question is whether, by any active act of yours in order to get rid of that mischief, you are entitled to do something which would cause a ..... held that if a person brings something on to his own land, which if he does not take precaution may produce danger to his neighbour, he is liable though he does not do any second act whatever, because he did the act which brought about the danger, and he failed to guard against it. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom315; 1980MhLJ494
..... of adoption by either spouse is that the adoptive child becomes the the child of both the spouses'.these authorities are enough to indicate that by express statute, the adoption act provides for the effect of adoption, when the adoption is by a widow, to make the adopted child the child born in the family and taken in adoption having relationship ..... ram's case : [1967]3scr687 and sitabai's case : [1970]2scr1 clearly goes to show that the exception carved out by clause (c) of the proviso to section 12 of the adoption act is meant only to protect the others of rights vested in them prior to the adoption and is not intended to deprive the adopted child of the rights with regard to the property ..... regard to the property be-longing to the hindu joint family that may happen to come in her hands section 14(1) of the succession act is a declaratory provision and, no doubt, declares that the property possessed by a female hindu, whether acquired before or after the commencement of the act, shall be held by her as full owner thereof and not as a limited owner, but this declaration of the statute has ..... , reliance is placed on section 14(1), which reads as follows:--'14(1) any property possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner there-of and not as a limited owner.explanation:-- in this sub-section, 'property' includes both movable and immovable property acquired by a female hindu by inheritance or devise, .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioner partnership firm have no nexus with the property in which industrial undertaking is situated and as such, acquisition of the said properties by the impugned act has no nexus with the object to be achieved by enacting the said act and as such, the impugned act insofar as it relates to the properties, which are held to be not concerned with the industrial undertaking by the judgment of the learned single judge of ..... being the date on which the undertaking was taken over in pursuance of the orders made by the central government under the provisions of the industries (development and regulation) act, 1951 and ending on the appointed day, there shall be paid by the state government to the proprietors in cash and in the manner specified in chapter vi, an amount of rupees five thousand ..... court from the trend of its reasoning in the judgment, appears to take the view that while the provision for the take over in the principal act might amount to a power to acquire, however, the objects of the amending act of 1976, which merely sought to beat down the price could not be said to be part of that power and was, therefore, incapable ..... that his lordship has observed that the legislature in making a law giving effect to the policy of the state towards securing the principles specified in article 39(b) or (c) acts upon the mandate contained in article 37, according to which the directive principles are fundamental in the governance of the country and it shall be duty of the state to .....
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