Court : Mumbai Nagpur
..... that after verification conducted on 10.03.2015 as per directions of the hon. apex court, petitioner is registered under maharashtra local authority members (disqualification) act, 1987. it is after this registration that the petitioner no.1 has stepped in the impugned nomination or election of standing committee. the preliminary objection ..... the standing committee of akola municipal corporation is engaging the attention. in such situation, we find that the alternate remedy under section 451 of the act, 1949 can not operate as an absolute bar. the preliminary objection of adv. gadhiya that the petitioners have an alternate remedy and therefore this writ ..... the seats are allotted: provided further that, for the purpose of deciding the relative strength of the recognized parties or registered parties or groups under this act, the recognized parties or registered parties or groups, or elected councillors not belonging to any such party or group may, notwithstanding anything contained in the .....
Tag this Judgment!Court : Mumbai Nagpur
..... on record. we are satisfied that the confession was voluntary and was not the result of inducement, threat or promise as contemplated by section 24 of the evidence act, 1872. 15.7. dealing with the situation of retraction from the extra-judicial confession made by an accused, the court in rameshbhai chandubhai rathod v. state of ..... the lower courts in absence of other corroborating material as unjustified, observed: 87. confession ordinarily is admissible in evidence. it is a relevant fact. it can be acted upon. confession may under certain circumstances and subject to law laid down by the superior judiciary from time to time form the basis for conviction. it is, however, ..... the facts and circumstances surrounding the making of a confession appear to cast a doubt on the veracity or voluntariness of the confession, the court may refuse to act upon the confession, even if it is admissible in evidence. one important question, in regard to which the court has to be satisfied with is, whether when .....
Tag this Judgment!Court : Mumbai Nagpur
..... as submitted by mr. patil, learned counsel for the contesting respondent, after society sent resolution to the assistant registrar for approval under section 35 of the act, there is absolutely no action at the end of the assistant registrar either of approving or disapproving the resolution of the expulsion of the appellant. the submission ..... a position to challenge the legality or validity of the expulsion of the member when the validity can only be contested under section 35 of the mcs act before the assistant registrar and thereafter in appeal. according to him, the legislature has clearly defined the powers of assistant registrar and provided further remedies ..... in writ petition no.3916/2001 by which, it was held that the dispute filed by the appellant under section 91 of the maharashtra cooperative societies act (for short the 'mcs act') was not maintainable. facts: 2. the appellant, being a member of the cooperative housing society, filed a dispute before the cooperative court, .....
Tag this Judgment!Court : Mumbai Nagpur
..... respondent which is an instrumentality under article 12 of the constitution of india. contract under loa has direct bearing on coal mining. a duty to act fairly, to avoid arbitrariness and highhandedness therefore obliged respondents not to avoid to consider any relevant aspect having direct bearing on the decision which in turn ..... in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under article 226; and (c) if the instrumentality of the state acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of article 14 of the constitution of india in its contractual or statutory ..... after site was handed over to petitioner is important and on 29th december 2013, respondents sought certain details within 7 days to avoid violation of mines act 1952 and mines rules 1955. petitioner gave that list on 28.12.2013 and respondents never informed that manpower so provided was inadequate. correspondence shows .....
Tag this Judgment!Court : Mumbai Nagpur
..... presented. the prosecution alleges that khatawa used as weapon by accused no.2 - shyama was found lying near dead body while sabbal was recovered under section 27 of the evidence act, from accused no.1 - pyarelal. 4. shri daga, learned counsel, has in this background submitted that when section 34 of i.p.c. could not be used to connect ..... mulchand and those injuries are due to fall from height of about 20 feet. he contends that discovery of sabbal by accused no.2 under section 27 of the evidence act, cannot be relied upon as no arrest panchnama came to be filed along with charge sheet by p.w.1 -investigating officer. therefore, on the date of alleged discovery, ..... blood stained sabbal (iron rod) has been recovered from bushes in which it was hidden by accused no.1 - pyarelal after following procedure under section 27 of the evidence act. there is no such recovery of khatawa. khatawa is claimed to be found lying by the side of dead body. khatawa is also claimed to be blood stained as per .....
Tag this Judgment!Court : Mumbai Nagpur
..... penal code defines 'abettor'. it reads as under : "108. abettor.- a person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor." (explanations and ..... a person is said to 'instigate' another? the word 'instigate' literally means to goad, or urge, forward, or to provoke, incite, urge, or encourage, to do an (evil) act. it is well settled that in order to amount to abetment, there must be mens rea or community of intention. without knowledge or intention, there can be no abetment and ..... 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" .....
Tag this Judgment!Court : Mumbai Nagpur
..... 10. learned counsel for the appellant-corporation has brought to our notice office memorandum dated 21.11.2003 by which the prayer to engage a legal practitioner to act as a defence assistant was rejected. reference was made to the rules, though no specific reference has been made to the discretion available to be exercised in ..... s case (supra), ahmadi, j. (as he then was) in the context of section 22(ii) of the maharashtra recognition of trade unions and unfair labour practices act, 1971, as also in the context of domestic enquiry, upheld the statutory restrictions imposed on delinquent's choice of representation in the domestic enquiry through an agent. 33. ..... are not enquiries in a court of law. it is necessary to remember also that in these enquiries, fairly simple questions of fact as to whether certain acts of misconduct were committed by a workman or not only fall to be considered, and straightforward questioning which a person of fair intelligence and knowledge of conditions .....
Tag this Judgment!Court : Mumbai Nagpur
..... set aside on the ground that the enquiry was defective. in the present case, there is blatant violation of the provisions of section 4(6) of the act of 1977 and rule 33 of the rules of 1981. it is admitted that the petitioner had been working as a confirmed and approved teacher, therefore, the ..... the petitioner under suspension, are unsustainable. it is the prerogative of the management whether to conduct enquiry or not. the tribunal which is constituted under the act of 1977 can neither restrain the management from exercising its right to conduct the enquiry nor can it direct the management to conduct an enquiry if the management ..... enquiry cannot be recognized in toto while considering such cases arising under the provisions of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (hereinafter referred to as the act of 1977 ) and the rules of 1981. 7. after considering the submissions made by the learned advocates for the respective parties, i find .....
Tag this Judgment!Court : Mumbai Nagpur
..... the offence punishable under section 307 of the indian penal code. what the court has to examine is the intention of the accused and the circumstances in which the act has been committed. the intention of the appellant was abundantly clear that he wanted to cause serious injuries to the deceased and the witnesses. 27. the hon'ble ..... has said at para 11 as under: 11. it is sufficient to justify a conviction under section 307 if there is present an intent coupled with some overt act in execution thereof. it is not essential that bodily injury capable of causing death should have been inflicted. the section makes a distinction between the ..... act of the accused and its result, if any. the court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section. therefore, an accused .....
Tag this Judgment!Court : Mumbai Nagpur
..... question was null and void and not binding on them, but also for a decree of possession and permanent injunction. therefore, even under section 34 of the specific relief act, the suit filed by the appellants/plaintiffs was and is maintainable. 31. in view of above discussion, the substantial question of law in second appeal no. 90 of ..... consider all statements in examination-in-chief as well as cross-examination of the witness in view of well defined meaning of 'oral evidence' under section 3, indian evidence act, 1872. this has not been done in this case and, therefore, it must be said that the whole process of scrutiny of evidence available on record and particularly ..... of the statements as being reliable or unreliable, as the case may be, but must it consider them all. the reason is that under section 3, indian evidence act, 1872, oral evidence means and includes all statements permitted or required to be made before the courts in relation to matters of fact under inquiry. when it is said .....
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