Court : Mumbai Nagpur
..... i. in the said case the c.b.i. upon completion of the investigation, had filed the complaint under section 22 of the transplantation of human organs act, 1994 (toho act) contending that the complaint filed by the cbi could not be treated as a charge sheet and as such the accused were entitled to the benefit of ..... e. indian penal code, the provisions of the general statute cannot be invoked. the second contention raised is under section 77 of the maharashtra value added tax act, 2002 (vat act), the investigation of the crime in question cannot be entrusted to the police machinery. the third submission is that the fir can be registered only after the ..... approval it would lead to startling consequences. the consequences of such an interpretation would be that if the person who commits the offence under section 88 of the act also commits other serious offences falling under indian penal code as part of the same transaction neither the regular police nor any special police force nor even the .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: These appeals are from the judgment and award passed by the Reference Court Buldhana in the references sought by the land owners, whose lands were compulsorily acquired for Minor Irrigation Tank, village Sawangi Mali, taluka Mehkar, district : Buldhana. 2] The particulars of the survey number, land area acquired, compensation awarded by the Special Land Acquisition Officer and compensation enhanced by the learned Reference Court Buldhana are reproduced below:F.A. NoSurvey noArea acquiredCompensation bySLAOLACDate of decisionCompensation by reference court808/07710.41Rs. 17,000/- P.H.50/9216/02/05Rs.35,000/- P.H.810/07700.43Rs. 17,000/- P.H.49/9216/02/05Rs. 52,619/- P.H.816/07723.780.10 P.K.Rs. 17,000/- P.H.Rs. 200/- P.H. for P.K.48/9216/02/05Rs. 52,619/- P.H.831/07690.39Rs. 17,000/- P.H.52/9216/02/05Rs. 35,000/- P.H.852/07733.930.10 P.K.Rs. 17,000/- P.H.Rs. 200/- P.H. for P.K.51/9216/02/05Rs. 52,619/- P.H.853/07671.45Rs. 20,000/- P.H.47/9216/02/05Rs. 52,619/- P.H.3] Mr....
Tag this Judgment!Court : Mumbai Nagpur
..... , therefore, have been justified in burdes case but may not be justified in the case at hand where the appellant has not been accused of any act or omission or commission of the act like the one mentioned above to disentitle her to the relief prayed for. the reliance upon burdes case (supra), therefore, is of no assistance to the .....
Tag this Judgment!Court : Mumbai Nagpur
..... conclusion of non-establishing of the offence punishable under section 138 of the negotiable instruments act and thus, acquitted the respondent-accused. this is the judgment and order challenged in the present appeal. 6. certain admitted position is required to be mentioned ..... notice, so also no payment was made by the accused. hence, the complainant lodged complaint for the offence punishable under section 138 of the negotiable instruments act against the accused. said complaint was dealt with by the concerned court and after recording the evidence of sole witness pw 1 complainant, came to the ..... also perused the citations referred on behalf of the appellant. the present respondent-accused was acquitted of the offence punishable under section 138 of the negotiable instruments act, vide order dated 14/1/2008 passed by the judicial magistrate first class, maregon in summary criminal case no.521/2007. 3. prior to discussing .....
Tag this Judgment!Court : Mumbai Nagpur
..... test. he submits that it is further held that if there are pre-independence documents, the same are to be given more probative value and the affinity test would only act as an corroboration or otherwise to the documentary evidence. the learned senior counsel submits that though the petitioners have produced voluminous documents from their paternal side prior to 1950 showing ..... this stage states that since one of the petitioner is desirous of prosecuting further studies on the basis of the claim as belonging to scheduled tribe. the concerned authority would act on the authenticated copy of this order while considering the candidature of the said petitioner. 16. writ petitions are accordingly allowed. rule is made absolute in all the petitions in .....
Tag this Judgment!Court : Mumbai Nagpur
..... test. he submits that it is further held that if there are pre-independence documents, the same are to be given more probative value and the affinity test would only act as an corroboration or otherwise to the documentary evidence. the learned senior counsel submits that though the petitioners have produced voluminous documents from their paternal side prior to 1950 showing ..... this stage states that since one of the petitioner is desirous of prosecuting further studies on the basis of the claim as belonging to scheduled tribe. the concerned authority would act on the authenticated copy of this order while considering the candidature of the said petitioner. 16. writ petitions are accordingly allowed. rule is made absolute in all the petitions in .....
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
..... 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 draft ..... 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
..... orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against the employees ..... hon'ble apex court in paragraph no.17 held thus: 17. the departmental proceeding is a quasi-judicial one. although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied with. the courts exercising power of judicial review are entitled to ..... the tribunal and the learned single judge and also the division bench of the high court have committed a serious error in accepting the said report and acting on it and thereby ordering the reinstatement with back wages. since, the reinstatement and back wages now ordered are quite contrary to the mandatory provisions of .....
Tag this Judgment!Court : Mumbai Nagpur
..... orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against the employees ..... the hon'ble apex court in paragraph no.17 held thus: 17. the departmental proceeding is a quasi-judicial one. although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied with. the courts exercising power of judicial review are entitled ..... the tribunal and the learned single judge and also the division bench of the high court have committed a serious error in accepting the said report and acting on it and thereby ordering the reinstatement with back wages. since, the reinstatement and back wages now ordered are quite contrary to the mandatory provisions of .....
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