Court : Mumbai Nagpur
..... the learned additional sessions judge, warora under exh.6 for the offence punishable under sections 302, 498-a of the indian penal and under section 4 of the dowry prohibition act. the appellant denied the charges and claimed that he be tried. the prosecution has examined in all ten witnesses to bring home the guilt of the appellant. he was also .....
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..... civil service rules (hereinafter referred to as mcsr) govern the recruitment as also employment, hence, the provisions of mso framed under industrial employment standing orders act, 1946 (ie act) cannot and do not apply. in absence of sanctioned posts, no relief of regularization or permanency can be granted to the workmen. 6. adv. ..... merit. in all complaints filed under s. 28 r/w sch. iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971hereinafter 1971 act, entitlement to benefit of clause 4c of mso was specifically added by amendment and the respondent municipal councils have also replied to it. their ..... v. harishankar jain. in that case the respondent was originally employed by partners who were licensees for the distribution of electricity under the indian electricity act, 1910. there were certified standing orders for this industrial establishment which did not prescribe any age of superannuation. the electricity undertaking of the firm was .....
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..... january, 2015, the learned 5th judicial magistrate, first class, akola has not followed the mandate of section 202 of the criminal procedure code, which has been newly amended by the amendment act, 2005 and, therefore, the order is vitiated. he also submits that when it is an admitted fact that all the applicants, who are the proposed accused persons are not ..... judicial magistrate has been made mandatory under the newly amended section 202 of the code of criminal procedure, which has been inserted in the code of criminal procedure by act 25 of 2005 with effect from 23.6.2006. it is seen from the impugned order that this requirement has not been followed by the learned magistrate. 6. ..... the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all. 7. before the judgment in the case of udai shankar awasthi (supra) was rendered, hon'ble apex court in .....
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Oral Judgment: (V.M. Deshpande, J.) 1. The present appeal is directed against the judgment and order of conviction passed by the learned Additional Session Judge, Bhandara, dated 23rd of May, 2014, in Session Trial No.46 of 2009, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and directed them to suffer imprisonment for life and to pay a fine of Rs.1000/- each of them and in default of payment of fine to suffer further rigorous imprisonment for three months. 2. During the pendency of the trial itself, original accused no.3 Sitabai Ramdas Meshram has expired. A Charge was framed against the appellants and deceased accused for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The accused persons were acquitted of the offence punishable under Section 498-A read with Section 34 of the Ind...
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..... l.j. 20. no doubt that if a particular fact is within the special knowledge of an accused, in view of the provisions of section 106 of the indian evidence act, the onus would lie on such an accused to explain the same. however, that does not absolve the prosecution for discharging its burden to first establish the case beyond ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused." "154. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial ..... has occurred in the house which was inhabited by the present appellants. it is, therefore, submitted that in view of the provisions of section 106 of the indian evidence act, the onus would be on the present appellants to establish as to how the death of the deceased has occurred in their house. 12. in view of the evidence .....
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Oral Judgment: (V.M. Deshpande, J.) 1. These two appellants are before this Court since they are aggrieved by the judgment and order of conviction, dated 3rd of April, 2014, passed by the Additional Sessions Judge - 4, Nagpur in Session Trial No.548 of 2009. By the said judgment, the appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and they were directed to suffer imprisonment for life and also to pay a fine of Rs.1000/- by each of them and in default of payment of fine to suffer simple imprisonment for three months. 2. The prosecution case which was unfurled during the course of the trial is stated herein under :- The Criminal Law was set into motion on 9th of August, 2009 by Smt.Sk.Jamila wd/o Sk.Abid, first informant, by lodging her report at Exh.62. When first informant had been to Police Station Lakadganj that time Pandurang Rangari, A.S.I., (PW 8) was on duty as a Night Officer. He registered the Crime vide Crime ...
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..... of the maharashtra village panchayats act. 8. it is well settled that everything stated in the judgment does not constitute precedent and only thing which binds the party is the principle upon which the ..... election petition under section 15 of the maharashtra village panchayats act cannot examine the eligibility of the candidate to contest the election if the eligibility of the candidate is challenged relying on the entries made under section 13(3) ..... . the court considering the election petition will not be able to examine the legality of the entries made under section 13(3) of the maharashtra village panchayats act and this is the ratio decidendi of the judgment given in the case of jagannath pundlik and others. it cannot be said that the court dealing with the .....
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..... submits that the intervenors have purchased plots on subject land from the cooperative society and are in possession thereof. they have moved separate applications under gunthewari act for regularization, which are pending. 18. shri siras, learned counsel submits that he has moved applications for intervenor vide civil application (o) stamp nos ..... the petitioners then had applied for regularization of lay out which had come up on their lands under the gunthewari development (regulation, upgradation and control) act, 2001. the application was submitted in the year 2002. this request for regularization came to be rejected on 27.12.2010 and after getting ..... learned counsel for the applicants/ petitioners explained that it was on account of the applicants/ petitioners resorting to remedy under section 18 of the land acquisition act, 1894 for enhancement of compensation. 4. challenging this judgment dated 28.10.1991, the applicants approached the hon'ble apex court in special leave petition .....
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..... vii rule 11 of the code. being aggrieved by the aforesaid, the respondent no.2 herein filed an appeal under section 26a of the provincial small causes court act. the appellate court came to the conclusion that it would not be permissible for the petitioners to file the subsequent suit especially when the earlier suit was withdrawn without ..... plaint also came to be dismissed. these orders came to be challenged before the appellate court by filing appeals under section 26a of the provincial small causes court act and the adjudication therein in so far as the suit has been held to be not maintainable against the respondent no.2 is under challenge. 9. while considering ..... cause of action was stated to have arisen on 29-1-22005. moreover, as observed in bengal waterproof ltd. (supra), the cause of action was based on continuous acts of obstruction by the defendants. thus, it cannot be said that the subsequent suit was barred under law for the same to be entertained. 14. the appellate court while .....
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..... ), it has been held that after stay of conviction, disqualification arising out of conviction under sub-section (1), (2), (3) of section 8 of r.p. act, cannot operate from the date of stay of conviction. this judgment of the hon'ble apex court itself shows that disqualification cannot continue after conviction is stayed by the appellate ..... provision contained in article 101(3)(a), the hon'ble apex court held that the parliament cannot make a provision like section 8(4) of the r.p. act, which has the effect of deferring the date on which disqualification of a sitting member will come into effect, thereby preventing his seat from becoming vacant. these observations ..... writ is sought to respondent no. 1 to immediately initiate process for bye-election from umred constituency as mandated under section 151 of the representation of the people act, read with its section 151a. by inviting attention to policy decisions incorporated in letters dated 07.08.2013 and 13.10.2015, a writ is also sought to .....
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