Court : Mumbai
..... the brother is clearly a respondent. in such a case too, if the widowed mother or sister is threatened with dispossession, they can secure reliefs under the act, notwithstanding exclusive ownership of the property by the son or brother. thus, excluding the right of residence against properties where the husband has no right, share, ..... the brother is clearly a respondent. in such a case too, if the widowed mother or sister is threatened with dispossession, they can secure reliefs under the act, notwithstanding exclusive ownership of the property, by the son or brother. thus, excluding the right of residence against properties where the husband has no right, share, ..... is necessary to preserve or restore status-quo of the last non-contested status, which preceded the pending controversy or to compel the undoing of those acts that have been illegally done or restoration of that, which was wrongfully taken from the party complaining. other undisputed legal position which emerges from this decision .....
Tag this Judgment!Court : Mumbai Aurangabad
..... solvent and shall also be interested in educational progress. 29. considering the overall situation in the light of the cases dealt with by this court under the meps act and the rules, the time has come for the state of maharashtra to create some embargo or restriction on the private managements of the school and educational institutions from ..... , the proprietary body may choose the manager in accordance with the rules in that behalf referred to in rule 2. (4) the educational agency shall be bound by the acts of the manager. 28. rule 8 of the kerala education rules, 1959 reads as under:- 8. persons connected with management not to be appointed in schools - (1) ..... ago, was illegal. after terminating their services, the kith and kin of the management are appointed in their place. the proviso to section 5(1) of the meps act, 1977 is blatantly violated. in a recent judgment delivered by this court in the matter of vasant shikshan prasarak mandal through its president and others vs. the state of .....
Tag this Judgment!Court : Mumbai Nagpur
..... disproportionate to his known source of income, as the evidence was not strong enough to lay prosecution under section 5 (1) (e) of the prevention of corruption act, 1947, the competent authority might proceed against the appellant in a departmental enquiry. in furtherance thereof, the departmental proceedings were initiated against the appellant. after giving a ..... that the law makers do desire application of judicial mind to the question of even proportionality of punishment/penalty. i have said so because the industrial disputes act, 1947 was amended to insert section 11a in it to confer this power even on a labour court/industrial tribunal. it may be that this power was ..... of india and others; (supra). 20. the charge levelled against the respondent was not of misappropriation of any public fund nor due to his act or omission to do any act, the indian railways had to suffer any financial loss. the charge against the respondent was that he remained absent from the duty without there being .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by the additional sessions judge, hingoli in special child case no.1 of 2013 on 29th april 2015 under section 4 of the protection of children from sexual offences act, 2012 ("the act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of rs.35,000/- (rupees thirty five thousand) and in ..... new abadi was about a kilometer away from the main village and was having less population (thus giving opportunity to the accused to reach out to the victim for repeated acts of violation); that the accused was in a position to take precaution to conceal his activities; that the evidence of pw-7 uttam was natural where he deposed that ..... remand home and she is facing hardships of the life as she has no support and the amount of compensation deserves to be increased. relying on section 29 of the act it is stated that there is presumption that the accused committed the offence and thus according to the counsel, no interference in the judgment is called for. 9. .....
Tag this Judgment!Court : Mumbai
..... proceeding against the applicant for the offence of criminal conspiracy. he has submitted that the applicant having failed to challenge the said findings cannot now contend that the acts attributed to him were committed in discharge of his official duty. relying upon the judgment of rajib ranjan and ors. vs. vijaykumar (2015) 1 scc 513 ..... sanction of the competent authority specified in this provision. the sanction, however, is necessary if the offence alleged against public servant is committed by him "while acting or purporting to act in the discharge of his official duties". 6. in devinder singh and ors. vs state of punjab through cbi on 25 april, 2016 (air 2016 sc ..... duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of section 197 of the code will not be attracted." 21. in the instant case the imputations leveled .....
Tag this Judgment!Court : Mumbai
..... 8.6.2015 is concerned, the petitioner/original respondent had preferred an application for seeking dismissal of the application under section 12 of the d.v. act. the grounds raised in the said application were considered by the learned magistrate. by the impugned order, the said application was dismissed. the petitioners pray ..... statutory construction and have assigned many functions for the provisos having regard to the text and the context of the statute. the legislature by the amending act clarified what was implicit earlier and expressly carved out. 23. considering the above and especially the effect of the proviso, the definition of respondent under ..... committee on convention on elimination of all forms of discrimination against women (cedaw) in its general recommendation no. xii (1989) has recommended that state parties should act to protect women against violence of any kind especially those occurring within the family. 22. as such, the definition of respondent under section 2(q) read .....
Tag this Judgment!Court : Mumbai
..... the hon'ble supreme court has observed that the prosecution should have avoided requesting the permission to cross-examine the witnesses under section 154 of the evidence act and therefore, he is described as a hostile witness and such permission ought not to have been given considering his evidence and therefore it held that the ..... personally present at the time of actual assault. he might have been mastermind of hatching conspiracy of murder of vilas jadhav. however, between the motive and actual act, the prosecution needs to bring incriminating circumstances establishing nexus between accused no.7 and the actual assault. the prosecution has recorded the statements of pw-11 devidas ..... and 54, the articles were recovered twice from the same place and second recovery from the same place cannot be believed under section 27 of the evidence act. he prays that the conviction is to be set aside and the appeal against conviction is to be allowed. 6. the prosecution has also filed criminal appeal .....
Tag this Judgment!Court : Mumbai Goa
..... class at margao in criminal case no.209/oa/nia/2010/d convicting the petitioner for the offence punishable under section 138 of the negotiable instruments act 1881 (the act for short) and the consequent sentence of simple imprisonment for six months and for payment of compensation of rs.1.5 crores has been confirmed. ..... 51 has been voluntarily produced by pw1, tabrej and necessary averments have been made in the complaint with regard to ingredients of section 138 of negotiable instruments act. the contention of learned advocate dinesh naik that there is evidence beyond avermnets which cannot be considered, cannot be accepted. the demand draft has been exhibited ..... hence the respondent issued a notice dated 22/7/2010, which was returned unclaimed. this led the respondent to file a complaint under section 138 of the act against the petitioner. 3. at the trial the respondent examined shri tabrej hinglajkar, pw1. and produced certain documents on record. the petitioner did not examine herself .....
Tag this Judgment!Court : Mumbai
..... that whirlpool s design was merely a combination of known designs and, therefore, lacked originality. after looking at the definitions of article and design in the designs act, 2000, the division bench concluded that it is the article by itself that must have its stand-alone identity. design , in this context, means the design ..... ground not only for opposing this notice of motion but also for seeking a cancellation of the design registration. if the definition of a design under the designs act, 2000 is restrictive because it uses the words means only , and this definition includes ornamentation, then, in his submission, the plaintiffs have claimed no registration ..... , is manufactured by the defendants. 3. the question in this notice of motion for interim relief in an action in infringement and passing off under the designs act, 2000, is whether the defendant s product infringes the plaintiffs registered design. 4. i must state straight away that, though this is perhaps oversimplified, to the .....
Tag this Judgment!Court : Mumbai
..... products are not sold across the counter. this is also a factor which ways against the plaintiff being granted any relief. 3.19 that even otherwise, the defendant has acted in good faith and the manner in which the defendant's logo was adopted is completely honest and/or bona fide. the manner in which the defendant's mark was ..... interim reliefs on the basis of copyright. the plaintiff's logo is an original artistic work. the plaintiff's logo is registered as an artistic work under the copyright act and a certificate of registration is produced at exhibit-d page 46 of the plaint. the said registration is an evidence of the plaintiff's entitlement to copyright in ..... of the defendant is deceptively similar to the plaintiff's logo mark. the plaintiff 's logo is a well-known trade mark within the meaning of the trade marks act, 1999. therefore the plaintiff is entitled to the reliefs of infringement not only in respect of goods falling in classes in which the plaintiff's logo is registered, but .....
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