Court : Mumbai Aurangabad
..... some time, accused proceeded towards the river. the evidence of p.w.2 khairunbi is also considered by us within the parameters of section 6 of evidence act as discussed hereinabove. having considered the totality of the facts, circumstances and evidence, we are of the view that the accused intentionally and with knowledge poured kerosene ..... to the general rule whereunder the hearsay evidence becomes admissible. it is also observed by the supreme court that such evidence must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. the statements sought to be admitted, therefore, as forming part of res gestae, must have ..... so. the very inconsistent and improbable statements were made by the witness and, therefore, were hardly reliable. reference was made to section 118 of the evidence act. the observation was that she was a competent witness to give evidence in court, as it appears from her deposition. reference was also made that the said .....
Tag this Judgment!Court : Mumbai Aurangabad
..... order ix rule 9 of code of civil procedure and also section 141 of code of civil procedure and even the provisions of section 5 of the limitation act, there is no doubt that 4th joint civil judge (senior division), aurangabad has exceeded the jurisdiction and for unsustainable reasons in law condoned the delay. therefore ..... in a judgment has been repeatedly disapproved by this court in a number of cases. whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the ..... the delay by stray observations i.e. in the interest of justice such delay is required to be condoned, is not only defeating the provisions of limitation act, but amounts to causing injustice to the defendants i.e. revision applicants herein. when the court considers the case in the interest of justice, the trial .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and opium alkaloids though the percentage is not mentioned in the c.a. report. these two substances fall under section 2 (xviii) and 2 (xvi) of ndps act, respectively. there was no separate charge for possession of the substance defined under section 2 (xvi) and so, the case of prosecution can be considered only for ..... in section 2 (xiv), the definition of 'poppy straw' given in section 2 (xviii), the definition of 'opium derivative' given in section 2 (xvi) of ndps act, it was necessary for prosecution to show that the substance seized falls under these definitions and then it was necessary to show that commercial quantity of the substance was recovered ..... , gave report about the aforesaid incident to police station. the crime at c.r. no. 2/2011 came to be registered for aforesaid offences punishable under the ndps act. police inspector shri. kode, who was attached to this police station, took over the investigation. as the accused were produced before him and articles were produced before .....
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..... angry and reacted by putting kerosene on her person and setting herself on fire. there is no material that on 18th october, 2007 there was any grave act of accused or he actively instigated or assisted the victim to commit suicide. the conduct of the accused in immediately putting water on her and extinguishing fire and ..... of conviction unless it is corroborated. the rule requiring corroboration is merely a rule of prudence. (v) where the dying declaration is suspicious, it should not be acted upon without corroborative evidence. (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the ..... it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the .....
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..... to educational matters of ccim. it was clarified that ccim issues notification with due approval of the central government as per the provisions under the imcc act, 1970. it was also stated that accordingly, the ccim had issued notification titled as "indian medicine central council (minimum standards of education in indian ..... said respondent fulfilled the additional requirement in a particular subject 'conservative dentistry'. 26. in this background, the scrutiny of the indian medicine central council act, 1970 becomes essential to find out whether the central council of indian medicine is clothed with the exclusive powers to deal with the academic matters ..... central government may, with the previous sanction of the central government, [by notification in the official gazette,] make regulations generally to carry out the purposes of this act, and, without prejudice to the generality of this power, such regulations may provide for (a) to (g) not reproduced. (h) the appointment, powers, .....
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..... advanced by learned counsel for the parties, at length. with their able assistance perused the grounds taken in the petition, annexures thereto, provisions of essential commodities act, maha.scheduled commodities regulation and distribution) order, 1975, judgments cited by learned counsel for the parties and also reasons recorded by respondent nos. 2, 3 ..... 28th december, 2010 to 5th january, 2011 and submitted its detailed report showing various illegalities, irregularities, discrepancies and malpractices on the part of the petitioner. acting upon the said report, respondent no.5 issued notice to the petitioner on 2nd june, 2011 and called his explanation in respect of illegalities and malpractice ..... resp.no.6 - society submits that, resp.no.6 is a magas vargiya grahak sahakari sanstha registered under the provisions of the maha.co-operative societies act,1960 and was running three fps nos. 73, 77 and 78 in aurangabad district at different places. in the year 1982, resp.no.6 society went .....
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..... specified in clause (i) of sub section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when a divorce is ..... petitioner-husband challenging the order passed by principal judge, family court, aurangabad in petition c-4 of 1996 under sections 18 and 20 of hindu adoption and maintenance act 1956. learned counsel for petitioner-husband has submitted that appeal deserves to be allowed by setting aside the judgment and decree passed by the learned in charge judge ..... join the company of petitioner-husband. learned counsel further submitted that learned judge of family court has misconstrued and misinterpreted the provisions of section 23 of the said act and thereby arrived at an erroneous conclusion. in fact, the family court ought to have granted decree for divorce on the sole ground that there has been .....
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..... the order passed by the assistant collector, rahuri, who failed to appreciate the set of facts and dismissed the application under section 84 of the btal act. considerations 9. on scrutiny of the impugned order, passed by the learned member of the maharashtra revenue tribunal, it is noticed that for following reasons ..... the application under section 84, according to the learned senior counsel, was deliberately moved in order to save limitation as contemplated under section 29 of the btal act. (k) further it was the submission of the learned senior counsel that the revision filed before the maharashtra revenue tribunal was barred by limitation. according to ..... original petitioner. petitioners in writ petition no. 3094 of 2001 are legal representatives of yadav mhatarba katore. 3. the application under section 84 of the btal act was in respect of certain lands, situated at mauje sonai, taluka newasa, district ahmednagar. the said application was pertaining to the following lands, situated at .....
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..... by this court in the past. it needs to be presumed that these interim orders and directions were subject to result of the proceeding and the provisions of the act. the petitioner did not come to this court for getting permission for making application to appear for the common entrance test which is held for admission to post ..... ). the facts were different. 15. the procedure prescribed by the apex court in the case of madhuri patil (cited supra) and the procedure laid down in the act and the rules show that strict verification of the caste before giving benefit to a person is necessary so that the benefit is given to the real backward class person ..... to scheduled tribe, raj. in view of this circumstance, the other record which is mentioned above cannot be given much importance. 14. provision of section 6 of the act shows that each and every claim is expected to be verified by the committee independently. this becomes more necessary when there is no validity certificate in favour of the .....
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..... to electronic record, as noted hereinbefore, being a special provision, the general law on secondary evidence under section 63 read with section 65 of the evidence act shall yield to the same. generalia specialibus non derogant, special law will always prevail over the general law. it appears, the court omitted to take note ..... 219. on cdr, learned counsel for accused no.1 strenuously submitted that there is no compliance of the mandatory provisions of section 65b of the indian evidence act and therefore, cdr reports cannot be admitted in evidence. in support, shri khamkar, learned counsel placed vehement reliance on anvarp. v. vs. p. k ..... 2 months. investigating officer could not give plausible explanation for not choosing independent panch witnesses for number of panchanamas. the manner in which investigating agency had acted creates strong suspicion about the fairness of investigation as it frustrates the object of :- [i] preventing unfair dealings on the part of investigating agency; [ii .....
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