Court : Mumbai Nagpur
..... even in the case of manik gawali .vs. state of maharashtra (supra), this court had enumerated various circumstances in para 54 which prompted the court not to act upon the dying declaration. the dying declaration which was the only evidence worthy to be considered for basing conviction was held to be not proved. 21. the ..... state to make the declaration. (see : k. ramachandra reddy v. public prosecutor, (1976) 3 scc 618). (iv) where dying declaration is suspicious, it should not be acted upon without corroborative evidence. (see : rasheed beg v. state of m.p. (1974) 4 scc 264). (v) where the deceased was unconscious and could never make any ..... regards dying declaration does not inspire confidence. the learned counsel has, thereafter, submitted that the circumstances as to abscondance of the appellant, also could not have been acted upon, as abscondance by itself, cannot be said to be an incriminating circumstance. the learned counsel would submit that at times, even innocent persons may take .....
Tag this Judgment!Court : Mumbai Nagpur
..... the statutory liability of the insurer visavis the purport and object sought to be achieved by a beneficent legislation before a forum constituted under the motor vehicles act and enforcement of a contract qua contract before a consumer forum. 16. different considerations would arise in a case of this nature, as the consumer forum ..... which he was driving. the question which arises for consideration is that the deceased himself being negligent, the claim petition under section 166 of the motor vehicles act, 1988 would be maintainable. 11. liability of the insurer company is to the extent of indemnification of the insured against the respondent or an injured person, ..... others reported in 2007 (9) scc 263, was considering a question whether the deceased himself being negligent, the claim petition under section 166 of the motor vehicles act, would be maintainable. paragraphs 10 and 11 of the said decision being relevant are reproduced below: 10. the deceased was the owner of the vehicle. for the .....
Tag this Judgment!Court : Mumbai Nagpur
..... done by illegal means. therefore, it is plan that meeting of minds of two or more persons for doing so causing to be done an illegal act or an act by illegal means is sine qua non of criminal conspiracy. 37. however, it is observed that conspiracy is always hatched in secrecy and it is impossible ..... by the prosecution, if such inference is possible. the prosecution need not necessarily prove that perpetrators expressly agree to do or cause to be done the illegal acts. the existence of the conspiracy and its objective can be inferred from the surrounding circumstances and conduct of the assailants. in our opinion, the above reasons are ..... accusedpersons deter the public servants and obstructed them while discharging their official duties?no8. whether the prosecution prove that accused persons were found weapons in contraventionof the provisions of arms act?no9. what order?as per final order. ? 15. the learned trial court on considering evidence on record convicted accused nos.1, 4, 5, 9, 10, .....
Tag this Judgment!Court : Mumbai Nagpur
..... of schedule-i enactments. then only national green tribunal will have jurisdiction under section 14. 22. section 2[m] of n.g.t. act defines substantial question relating to environment. the definition is wide and inclusive. it stipulates that if there is direct violation of specific statutory environmental obligation ..... appellate jurisdiction is conferred upon national green tribunal under various enactments as stipulated in section 16, read with schedule-i of the n.g.t. act, and against certain other orders as stipulated therein. but, then it is apparent that the appellate jurisdiction is distinct from the jurisdiction under section 14 ..... extent the said rule envisages equitable sharing of benefits by the indian entities, it should be declared ultra vires to the provisions of the biological diversity act, 2002 and, therefore, unconstitutional. further declaration sought is, that the guidelines on access to biological resources and associated knowledge and benefits sharing regulations, .....
Tag this Judgment!Court : Mumbai Nagpur
..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused." the apex court also in state of u.p. vs. ashok kumar srivastava; (1992) 2 scc 86 ruled that great care must be .....
Tag this Judgment!Court : Mumbai Nagpur
..... appearing on the body of mayabai when she was in his custody in his house. in that view of the matter, the provisions of section 106 of the indian evidence act has its effect in the present case. 16. in view of the aforesaid evaluation of the prosecution evidence, it is clear that as per the chemical analyzer's report exh .....
Tag this Judgment!Court : Mumbai Nagpur
..... a trustworthy and reliable witness. 19. as regards the recovery of weapons, it is well-settled that under section 27 of the evidence act, the part of information which is exculpatory in nature, is not to be considered. however only such part of the information which is distinctly ..... the respondents for the offence punishable u/s 302 r/ws. 149, 147, 148, 120-b r/ws. 4/25 of the arms act. 2. the prosecution case in a nutshell is that, pw 1-rajesh ghongade, is serving in police department as a constable. on 10. ..... pay a fine of rs. 500/- and, in default, to suffer r.i. for two months, u/s. 4 (25) of arms act, the appellant sumit chintalwar has preferred the appeal bearing criminal appeal no.558/2014 and amar lohkare has preferred an appeal bearing criminal appeal no.521/2014 ..... ori. accd.no.2), under sections 147, 148, 302 read with section 149 of the indian penal code and u/s. 4/25 of arms act and sentencing them to undergo (i) r.i. for life and to pay a fine of rs. 2,000/- and, in default, to .....
Tag this Judgment!Court : Mumbai Nagpur
..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act, 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the ..... may have made his intentions clear by his overt acts. it is thus clear from the above decision and particularly paragraph 15 above, that there is no question of waiting for expiry of the due date of performance. ..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act , 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the defendant .....
Tag this Judgment!Court : Mumbai Nagpur
..... wherein the allegations were made against each others. thereafter the respondents filed suit before district munsif of coimbatore. an application under section 8 of the arbitration act was filed by the appellant before the court, the same was rejected. against that, the civil revision application was filed before the madras high court. ..... plaintiff or the person who has approached the judicial authority for relief, disputes the same, the judicial authority, in the absence of any restriction in the act, has necessarily to decide whether, in fact, there is in existence a valid arbitration agreement and whether the dispute is covered by the agreement clause. the ..... plaintiffs in any manner since it was based on fraud and misrepresentation. the appellants had prayed for perpetual injunction restraining the defendants permanently from asserting and acting upon the said mou and from interfering in the business of the plaintiffs and from causing any loss and damage to the business of plaintiffs. in .....
Tag this Judgment!Court : Mumbai Nagpur
..... amrutrao tayade .vrs. the hon'ble minister for cooperation and others (supra), had occasion to consider similar challenge visavis provisions of the maharashtra cooperative societies act. one of us (b.p. dharmadhikari, j) is party to that judgment. in that judgment, the above mentioned larger bench judgment of hon'ble ..... by the municipal council later on. the collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. the regional director (higher authority) held that no objection certificate was granted without considering the report of the committee constituted for ..... exercise of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. in exercise of same powers the state government has also formulated the maharashtra scheduled commodities, retail dealers license order .....
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