Court : Mumbai Nagpur
..... to submit the papers regarding ownership of the property and sanctioned plan. the notice dated 29-10-2012 issued under section 260 of the bombay provincial corporation act clearly discloses the specific area of unauthorized construction. the notice is absolutely clear and without any ambiguity. it calls upon the non-applicant/plaintiff to show ..... order dated 4-1-2013, claiming dismissal of suit on the ground that there is a bar of jurisdiction of the civil court under section of the said act to entertain, try and decide the suit. hence, the original defendant akola municipal corporation has preferred this civil revision application. 2. though the provisions of ..... -10-2012 and the notice dated 29-10-2012 issued by the applicant/defendant akola municipal corporation under sections 260 and 267 of the maharashtra municipal corporation act, calling upon the non-applicant/plaintiff to furnish an explanation as to why an unauthorized construction carried out by him should not be pulled down, the .....
Tag this Judgment!Court : Mumbai Nagpur
..... suspicion is no ground to convict an accused, no doubt who are accused in a custodial death case. section 106 of the indian evidence act is not a substitute to section 101 of the indian evidence act which says that it is the duty of the prosecution to establish the offence against the accused beyond reasonable doubt. failure or falsity of defence .....
Tag this Judgment!Court : Mumbai Nagpur
..... notice of this court, which reads as under: i had received proposal for according sanction for launching prosecution against the accused in respect of offence under prevention of corruption act. said proposal was received to me from a.c.b., nagpur. along with proposal i had received all the papers of investigation. so also i had received ..... the above authorities, it is submitted on behalf of the appellant that the special court should not have raised presumption under section 20 of the prevention of corruption act, 1988 in absence of proof of specific demand by the accused. again on this aspect, reliance was placed on the following authorities as to acceptance of the ..... filed before the special court. 7. on framing of charge against the accused for the offence punishable under sections 7 and 13 (1)(d) of prevention of corruption act, 1988, accused pleaded not guilty. according to the accused in the pension case of father of the complainant, the delay in finalizing the case was due to error .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived at by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse. where two views are possible on an appraisal of the evidence adduced in the case and the ..... the accused was chargesheeted. the prosecution examined six witnesses. the fact that the accused was a public servant as he was an employee of the board established under the state act is not in dispute. the validity of the sanction granted is also not disputed at the time of final hearing. 6. mr.d.b.patel, learned a.p.p ..... whereby the learned special judge was pleased to acquit the respondent/ accused of the offence punishable under section 7, 13(1) (d), and 13(2) of the prevention of corruption act, 1988. 2. heard the submissions at the bar. 3. the facts, briefly stated, are as under:- the accused was serving as a junior engineer in the year 1992 .....
Tag this Judgment!Court : Mumbai Nagpur
..... illegal gratification by the accused. thus, ingredients are sine qua non for bringing home the guilt of the accused under prevention of corruption act. if by cross-examination, upon preponderance of probabilities, the accused is successful to point out that the prosecution case is doubtful or may not be genuine ..... has been rightly convicted. 17. it is settled legal position that in order to prove the charge of corruption as punishable under the prevention of corruption act, the prosecution is required to prove that; there was demand made by the accused coupled with voluntarily payment of bribe by the complainant and acceptance of ..... mr. khan (hereinafter referred to as dy.s.p .). the said dy.s.p. asked block development officer, panchayat samittee, gadchiroli to depute two employees to act as panchas. after arrival of panchas, they were introduced with the complainant and other staff. panchas were read over the report lodged by complainant. they inquired about the .....
Tag this Judgment!Court : Mumbai Nagpur
..... above as is borne out from record, impugned judgment and order of acquittal calls for no interference. even while invoking the provisions of section 20 of the act, the court is required to consider the explanation offered by the accused, if any, only on the touchstone of preponderance of probability and not on the touchstone ..... was a public servant within the meaning of section 2 (c) of the prevention of corruption act, 1988 (for short, the act ). one suresh durugkar was facing criminal case no. 3908 of 1997 pending on the file of 3rd joint judicial magistrate, fc, chandrapur. according to complainant ..... 1 of 2002 whereby the respondent/accused was acquitted of offences punishable under sections 7,13(1) (d) read with section 13(2) of the prevention of corruption act, 1988. 2. facts stated are:- respondent/accused narendra mahajan was posted as junior clerk in the court of 3rd joint judicial magistrate, fc, chandrapur and as such .....
Tag this Judgment!Court : Mumbai Nagpur
..... ground that its exhibition may create law and order problems. the challenge was to an order passed by the state government under section 6 of the bombay cinemas (regulation) act. the learned senior advocate has relied on the judgment reported in (1996) 4 scc1 (bobby art international and others v/s. om pal singh hoon and others). ..... petitioner no.2 and to verify the veracity of the claims made by the petitioner no.2 and the respondent no.3. 16. section 5b of the cinematograph act, 1952 lays down the principles for guidance for certifying the films. section 5b-(2) lays down that subject to the provisions contained in subsection (1), the central ..... the respondents 2 and 3. 14. with the assistance of the learned advocates, we have seen the documents filed on record and have examined the provisions of the cinematograph act, 1952, the cinematograph (certification) rules, 1983 and the guidelines for publication of a film for public exhibition. 15. in our view the issue which falls for consideration .....
Tag this Judgment!Court : Mumbai Nagpur
..... however, in the present case, the commissioner of fisheries has dealt with the matter as a quasi-judicial matter exercising his jurisdiction under section 152 of the act of 1960. therefore, the division bench of this court passed an order, considering the submissions made by the learned advocates for the respective parties, on 22 ..... order or decision under any of the above mentioned sections. 18. the commissioner of fisheries could not have exercised the jurisdiction under section 154 of the act of 1960 to examine the legality and validity of the decision of the tank allotment committee granting fishing rights to the petitioner-society. the state government ..... of the tank allotment committee, is not an officer subordinate to the commissioner of fisheries. the learned advocate relied on the provisions of section 3 of the act of 1960, which explains the term 'registrar' and 'his subordinates'. in support of his submissions that the commissioner of fisheries could not have entertained the appeal .....
Tag this Judgment!Court : Mumbai Nagpur
..... commit suicide. unless this is established, a person cannot be charged of having abetted commission of suicide, even if, suicide has been committed as a result of some of the acts committed by the accused. in the case of sanju (supra), it is seen that even in the case where the accused had uttered words such as "go and die" in ..... such for want of necessary ingredients of section 498-a of indian penal code to be proved by prosecution, no presumption as contemplated under section 113-a of indian evidence act can even be raised though rekha died within seven years of her marriage. 11. on considering the evidence of complainant and her son in-law pw 2 fattu, it is ..... 13 of the reported judgment). 14. in the light of above facts and settled legal position, it is noted that even if a person would commit suicide because of certain acts of the accused, the accused cannot be said to have committed abetment of suicide by the deceased unless the accused would intend, while causing such .....
Tag this Judgment!Court : Mumbai Nagpur
..... shri lokhande supported the impugned judgment by submitting that the dead body was found inside the house of the appellant and therefore in view of section 106 of the evidence act, since no explanation whatsoever was offered by the appellant, he was rightly convicted by the court below. 7. the first question that is required to be decided by the court ..... that the death was homicidal one and not suicidal as tried to be argued before this court by the learned counsel for the appellant. 9. section 106 of the evidence act reads as under:- "106. burden of proving fact especially within knowledge - when any fact is especially within the knowledge of any person, the burden of proving that fact is upon .....
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