Court : Mumbai Nagpur
..... does not make the case of prosecution untrustworthy. 16. from the evidence as it is brought on record, it becomes crystal clear that the dying declaration (ex.39) shows overt-act on the part of the appellant and no circumstances are brought on record during the course of trial by the defence to show that there was any reason for the .....
Tag this Judgment!Court : Mumbai Nagpur
..... 18 - narayan kothe, 19 baban karale, 20 marotrao gawande, 23 chandrashekhar khorgade, and 30 dilip s. chachane were identified to be present and participating in various acts of assault.[b] the accused possessed, and have used deadly weapons, such as big size sticks and medium size sticks [ ubharis and zodpas etc.].[c] the accused ..... state of bihar [air 1989 sc 1456].proposition :for convicting any accused for offence punishable under section 149 of indian penal code, vicariously or constructively, for an act of unlawful assembly, proof of common object from the conduct of the accused persons distinct from the common intention is a condition precedent. b. re-assessment of ..... accuracy. 52. moreover, undoubtedly, it is proved to be a group of about forty persons, out of which different persons joint and/or common in the acts of shouts, utterances and assault have been identified. the contradictions and omissions, therefore, are not of such a nature that these cannot separate the alleged untrue .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the nature of dying declaration is a piece of evidence which is untested by the cross-examination. it must be proved as true and absolutely safe to act upon it after careful scrutiny thereof. it is surprising to note that the husband of the deceased ramjansha has mentioned in his evidence that his wife was totally ..... the appellant pouring kerosene on the person of the deceased and setting her on fire, nor there was any motive for the appellant to do such an heinous act without caring for the consequences to follow and even when we do not have any witness has having knowledge of the quarrel taken place between the appellant and the ..... that the dying declaration cannot be accepted as reliable, truthful and voluntary evidence. it is further submitted that there was no corroborative evidence for the trial court to act upon. learned advocate for the appellant contended that there was scope for tutoring, prompting or imagination since there was a huge time gap between the occurrence time at .....
Tag this Judgment!Court : Mumbai Nagpur
..... trial court in para 44 of its judgment that these documents indicate that the construction was made around the main bungalow of the suit property during the period 1951-62. the reliance is placed upon the evidence of the plaintiff and her witness pw 3 moreshwar. assuming these facts to be correct, i proceed to deal ..... property in favour of the unmarried daughters ku. suman pathak and ku. nalini pathak, making provision for them. this clearly indicates that vishnu pathak, by his own acts and conduct, treated the suit property as his self-acquired property throughout. there is no evidence on record showing the clear intention of late shri vishnu pathak to ..... documents relating to disposition of properties, which have been proved. the documents being 30 years old, the same would carry presumption under section 90 of the evidence act. in view of this, no evidence of any oral agreement or statement can be admitted in evidence from the parties to any such instrument or their representatives in .....
Tag this Judgment!Court : Mumbai Nagpur
..... whose presence specimen handwriting of the appellant was obtained under panchanama exh.41. he has identified his signature on the panchanama exh.41. this witness has admitted that he has acted as a panch in several cases. there is nothing more than this in the cross-examination of this witness. 20. p.w.4-ramchandra bhusari has stated in his evidence ..... made before p.w.4-bhusari, psi of ramnagar police station is not admissible in evidence, the conduct of the appellant would be admissible under section 8 of the evidence act. as such we find that the prosecution evidence was flawless and there was no scope to doubt any part of the evidence adduced before the trial court. the trial court .....
Tag this Judgment!Court : Mumbai Nagpur
..... be tried, convicted and sentenced to death or imprisonment for life for murder, nor dealt with according to the same criminal procedure as an adult. the special acts provide for a reformatory procedure for such juvenile offenders or children. 206. according to some indian decisions, the post-murder remorse, penitence or repentence by the murderer ..... of death sentence is concerned, the learned public prosecutor submits that the accused persons, with ill motive of causing terror in the society, have committed drastic act of kidnapping the deceased from her home, and when she tried to save her and sought shelter in her uncles home, they forcibly took her to the ..... some boys tried to rescue kanchan and the police station was informed about the incident by telephone. the first informant and the villagers were frightened due to said act of rakesh and his accomplice since they were armed with deadly weapon. therefore, villagers could not dare to rescue kanchan. on gathering information as to who .....
Tag this Judgment!Court : Mumbai Nagpur
..... constitution enjoins upon every citizen to protect and improve the natural environment including, inter-alia, forests and wild life. avowed object of the wild life (protection) act, 1972, is to provide for the protection of wild animals, birds and plants and it lays down an elaborate scheme for throwing a protective net around them. ..... wild animals for the purpose of payment of compensation to the affected persons. after all, wild animals specified in the schedules to the wild life (protection) act, 1972 are protected animals. therefore, there is no rationale in classifying loss occasioned by farmers or orchard owners into two categories and allow payment of compensation for ..... other cases. he submits that even other wild animals like deer, blue-bulls, wild boars and so on which are protected under the wild life (protection) act, 1972, are also capable of causing destruction to the fruit bearing trees and, therefore, making distinction between wild elephants and indian bison on the one hand .....
Tag this Judgment!Court : Mumbai Nagpur
..... to seek the relief of filing written statement on record without having the delay condoned. in support of the contention that provisions of article 137 of the said act were applicable in the present circumstances, the learned counsel relied upon the judgment of the learned single judge in akola zilla parishad akola v. laxman baluji manatkar ..... required to be set aside. 4. shri m. p. khajanchi, the learned counsel appearing for the respondents supported the impugned order. he submitted that the trial court acted within its jurisdiction when it allowed the application moved by the defendant nos.1a to 1c. as good cause was shown, the said defendants were permitted to file ..... the petitioners that the application moved by the defendant nos.1a to 1c was required to be preferred within the limitation prescribed by article 137 of the said act deserves to be accepted. 9. in vijay agrawal and others (supra), the division bench considered the question as to whether an application for amendment of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the remedy available to an aggrieved party against an order passed under section 29 of the bombay rents hotel and lodging house rates control act, 1947. in para 11 of the judgment, the division bench observed as under: 11............................................................................. .................................................................................. .................................................................................. it is an admitted position that ..... against the order of district court in appeal under section 29 of the bombay rent act, no appeal lies to the high court. therefore obviously powers of the high court under section 115 of the code of civil procedure could .....
Tag this Judgment!Court : Mumbai Nagpur
..... on 13-02-2012 an industrial dispute arising between the parties was referred to the industrial court for its adjudication in terms of section 10(1) of the act of 1947. the dispute as referred was mentioned in the schedule appended thereto. in aforesaid reference proceedings, the union filed a statement of claim (exhibit-8). ..... single judge were set aside. 4. during aforesaid period, the union had filed complaint no.245 of 2011 before the industrial court under section 28 of the act of 1971 challenging the transfer of 140 employees. however, aforesaid complaint came to be withdrawn on 23-08-2011. subsequently, some employees filed separate complaints under ..... before the conciliation officer stating therein that by transferring 140 employees, the management had violated provisions of section 33(1) of the industrial disputes act, 1947 [for short, the act of 1947]. thereafter, on 20-07-2011 the conciliation officer issued a notice to the parties in which it was stated that the charter .....
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