Court : Mumbai Nagpur
..... details and must be supported by a proper affidavit. in the present case, application preferred by the complainant corporation, purportedly under section 65 of the evidence act, was not supported by affidavit; it did not give full particulars and was under the signature of a counsel appearing for complainant. moreover, when learned special ..... could be encashed, it cannot be said that the cheque was issued representing security and not liability. (4) presumption mandated by section 139 of negotiable instruments act includes a presumption that there exists a legally enforceable debt or liability. however, such presumption is rebuttable in nature. when an accused has to rebut the ..... criminal complaint case no. 4872 of 2005. 2. the facts are as under. appellant-the maharashtra state seeds corporation is a company registered under the companies act, 1956 while respondent no. 1 is chairman of kuhi taluka shetki kharedi vikri sahakari sanstha and respondent no. 2 is the manager of said sanstha. .....
Tag this Judgment!Court : Mumbai Nagpur
..... are running the partnership business and there is no dissolution of partnership, and the partnership being unregistered, the suit is not maintainable by virtue of section 69 of the partnership act. the respondent-defendant claimed to have spent an amount of rs.25 lacs towards upkeeping and maintenance of the building, which he wanted to be paid to him by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the admissibility is founded on the principle of necessity. a dying declaration, if found reliable, can form the basis of a conviction. a court of facts is not excluded from acting upon an uncorroborated dying declaration for finding conviction. the dying declaration, as a piece of evidence, stands on the same footing as any other piece of evidence. it has to ..... recorded at about 5.45 p.m. on 20th june, 2004 at yavatmal. the statement of the deceased was a statement within the meaning of section 157 of the evidence act. it was not a confidential document. an offence could have been registered at yavatmal police station by giving no.'00/2004'. in fact it is the practice in maharashtra that .....
Tag this Judgment!Court : Mumbai Nagpur
oral judgment: 1. this is an appeal under section 173 of the motor vehicles act by original respondent no.1 assailing judgment and award dated 28.03.1994 passed by motor accident claims tribunal, chandrapur in m.a.c.p.no.44/1988 whereby the .....
Tag this Judgment!Court : Mumbai Nagpur
..... prevailing in state of madhya pradesh where stop-gap quasi-legislative arrangement in ku. madhuri patil is prevailing and there is no state law like 2001 act ie maharashtra act 23 of 2001. it then considers question no. (iii) and the fact that state of madhya pradesh has enacted the 'uchcha nyayalaya (khandpeeth ..... tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward classes categories (regulation of issuance and verification) of caste certificates act, 2001 (maharashtra act no. xxiii of 2001 came into force with effect from october 18, 2001) and of 2003 rules framed thereunder. he relied upon the division bench ..... no.5/2011 on 19.12.2011 before the district judge, akola under section 21 of the maharashtra municipalities, nagar panchayats and industrial townships act, 1965, (municipalities act hereafter). writ petition was first considered by this court on 21.12.2011 when it issued notices and also directed record proceedings of respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the court to decide as to whether evidence is sufficient or not sufficient in a particular case. 53] in the case reported as (1987) 2 scc 647 (bal krishan sayal vs. state of punjab) when the witnesses could not give evidence competently on the incident which took place at the time of raid, the benefit of ..... thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn. 43] the provision of section 20 of the prevention of corruption act, 1988, shows that as soon as the prosecution proves that the accused accepted the gratification (other than legal remuneration), the court is bound to presume, unless contrary is ..... case, in view of the aforesaid circumstances, this court holds that the conduct of the accused no.1 can be used against him under section 8 of evidence act. 27] the aforesaid discussion shows that there is corroboration of both direct and circumstantial evidence to the version of the complainant. there is corroboration even to the evidence .....
Tag this Judgment!Court : Mumbai Nagpur
..... availing of such remedy. there, the remedy was already invoked. this court then found that while effecting nominations under section 31a of the corporation act, the act of nomination must manifest itself in the shape of a resolution. this court noted absence of such resolution and also contradiction between minutes of general ..... and in the absence of this material, petition has to fail. he further states that as per second proviso to section 31a(2) of the corporation act, disqualification act and rules apply only after registration of party and till such registration, a corporator is free to change the side. shri gordey, learned senior advocate does ..... interference by state under s. 451 was sustained. 21. shri gordey, learned senior advocate has invited attention to various judgments delivered under the maharashtra cooperative societies act, 1960, or maharashtra land revenue code, 1966, to show that even a statutory remedy of revision is not found to be an alternative and equally efficacious .....
Tag this Judgment!Court : Mumbai Nagpur
..... conspiracy within the meaning of section 120-b of i.p.c. postulates an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal, by illegal means. mere agreement is an offence, even if no step is taken to execute the agreement. a conspiracy from its very ..... accused persons. however, on perusal of the record, we find that the recovery of weapons has been done without following the procedure contemplated under section 27 of the indian evidence act. (d) moreover, the accused have examined defence witness sk.razzak from whose field the weapons were recovered. the defence witness sk. razzak is resident of village hivra sangam. ..... between the accused and some other person, as there is no second party to the agreement since the other accused are acquitted of the charge. at the most, the act of accused no.6 may be considered as a threat and nothing beyond that. 13. the prosecution in order to prove the charge of offence punishable under section 302 .....
Tag this Judgment!Court : Mumbai Nagpur
..... wife along with a sharp edged weapon is sufficient to hold that it was a premeditated act. 12. the intention of the appellant was writ large and it cannot be said that the incident had occurred on the spur of moment or was a result of grave ..... (2007) 3 supreme court cases (cri) 709. 11. the facts of the said cases are at variance with the facts of the case at hand. in the present case, the act of the appellant does not fall under any of the exception to section 300 of the indian penal code. the very fact that the accused had been to visit his ..... . 9. the learned counsel appearing on behalf of the accused has pleaded before us that the accused is erroneously convicted under section 302 of the indian penal code and that act committed by him would be an offence punishable under section 304-i of the indian penal code. 10. the learned counsel has placed reliance upon the judgment delivered by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... sub-mission of budget estimates are some of the powers which the charity commissioners are entrusted with under madras and orissa acts and english act (charities act, 1960). the charity commissioners were judicial officers of the status of district judges who were already enjoying some of the powers under ..... not be possible to effectively supervise the administration and management of the public trusts. such powers were found in madras and orissa acts and the recent act called the charities act, 1960, enacted by the british parliament. inherent powers, power of removal and dismissing the trustees, appointment of receiver, injunction, ..... importance. charity commissioner as constituted there under is not a quasi-judicial authority but has substantial administrative functions and also some legislative powers. bpt act contains important procedural checks to see that trust does not deviate from desired path. when various provisions construed as conferring quasi-judicial powers are .....
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