Court : Mumbai Aurangabad
..... 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 .....
Tag this Judgment!Court : Mumbai
..... for secularization and empowering banks and financial institutions to take possession of the securities and to sell them without the intervention of the court. acting on these suggestions, the secularization and reconstruction of financial assets and enforcement of security interest ordinance 2002 was promulgated on the 21st june, 2002 ..... and financial institutions. for the purpose of examining banking sector reforms government constituted committees which had suggested the need for charges in the legal system. acting on the suggestions of the committees the president, on 21st day of june, 2002, promulgated the secularization and reconstruction of financial assets and enforcement ..... guarantor in default and has failed to repay borrowed money i.e. loan availed from respondent no.2 bank and the legislature has enacted special act for addressing such situation i.e. borrowers/ guarantors not repaying their debt. therefore, while examining the contention and the allegation that the appeal remedy .....
Tag this Judgment!Court : Mumbai Nagpur
..... superintendent of the public hospital on the ground that he is medically unfit because of that particular disability. 15. section 47 of the persons with disabilities act, 1995 reads as under:- section 47. non-discrimination in government employments -(1) no establishment shall dispense with, or reduce in rank, an employee ..... the departments/public sector undertakings, government companies declaring that the nonobservance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/ public sector undertakings/ government companies, responsible for the proper and strict implementation of reservation for persons ..... ; and (vi) to make special provision of the integration of persons with disabilities into the social mainstream. 11. though the persons with disabilities act 1995 has been enacted and is enforced since 1st january 1996 it has been consistently noticed by the courts that there has been constant attempt by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 .....
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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. state of maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12. we find that ..... or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered : 1st. what was the common law before the making of the act, 2nd. what was the mischief and defect for which the common law did not provide. 3rd. what remedy the parliament hath resolved and appointed to cure the disease ..... on the basis of the total capital outlay incurred, although such vehicles may have enjoyed such augmentation of facilities only partially. 10. by another amendment in 2001 vide act no. 17 of 2001, a further amendment was made to the said section so as to permit the construction of bridges and development projects on built, operate and .....
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
..... benefit of doubt to all the other co- accused and acquitted them, it follows that the appellants conviction also cannot be sustained as it cannot be held that they acted conjointly with the other accused in the commission of the assault on deceased-arun. resultantly, the appellants also ought to be acquitted of the offence punishable under section 302 ..... and that the dispute was minor in nature. 17. the prosecution examined pw-5 babasaheb kolpe (panch) to prove discovery of knife under section 27 of the indian evidence act at the instance of appellant no.1. the said memorandum is at exhibit- 2 and the panchanama is at exhibit- 63. the panchanama shows that the knife was ..... .3-pintu, preferred an application, being criminal application no.568 of 2008 in the aforesaid appeal, praying therein for benefit under section 7(a) of the juvenile justice act, in view of the fact that he was a juvenile in conflict with law at the time of the alleged incident. this court vide its order dated 17th october, .....
Tag this Judgment!Court : Mumbai
..... removal of unauthorised temporary development summarily. 10. the structure is unauthorised. the law relating to urban planning in the state - the maharashtra regional town planning act, 1966 - applies to every person who intends to carry out development. that brazen violations of the nature involved in this case take place in an ..... for permission. section 45(1) stipulates that on receipt of an application under section 44, the planning authority may, subject to the provisions of the act, grant permission unconditionally or subject to conditions or refuse permission, by an order in writing. section 46 requires the planning authority, while considering an application ..... the purposes of planning and development when the authority was constituted as the new town development authority for navi mumbai under the maharashtra regional town planning act, 1966 under a possession receipt dated 30 june 1973. in 1992, navi mumbai municipal corporation came into existence and is now designated as the .....
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