Court : Mumbai Aurangabad
..... judgment in case of pohalya motya valvi vs. state of maharashtra (air 1979 sc 1949). she also submitted that another most important requirement of section 27 of the evidence act is that the place from which weapon is recovered, should be mentioned in the recovery panchanama, which fact is missing in the panchanama and, therefore, benefit of doubt ..... used to climb on the tree for that purpose. it is submitted by the learned counsel for the appellant that prosecution made recovery panchanama u/s 27 of the evidence act but, it could not indicate that the iron rod, which was recovered by the prosecution, was concealed by the accused / appellant and hence, it is not admissible ..... appellant / accused for the offences punishable under section325 of i.p.c. and u/s 3(1)(x) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. the accused pleaded not guilty to the charge and claimed to be tried, his defence was that of total denial and that he was falsely involved in the .....
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..... some time, accused proceeded towards the river. the evidence of p.w.2 khairunbi is also considered by us within the parameters of section 6 of evidence act as discussed hereinabove. having considered the totality of the facts, circumstances and evidence, we are of the view that the accused intentionally and with knowledge poured kerosene ..... to the general rule whereunder the hearsay evidence becomes admissible. it is also observed by the supreme court that such evidence must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. the statements sought to be admitted, therefore, as forming part of res gestae, must have ..... so. the very inconsistent and improbable statements were made by the witness and, therefore, were hardly reliable. reference was made to section 118 of the evidence act. the observation was that she was a competent witness to give evidence in court, as it appears from her deposition. reference was also made that the said .....
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..... their able assistance carefully perused the entire documents/material placed on record by the parties to the applications and also relevant provisions of copyright act, trade marks act, civil procedure code and also the judgments cited by the counsel for the parties across the bar. indisputably, the application filed by the applicants herein ..... is the subject of another similar controversy. (b) respondent no.1 is a co-operative society, registered under the provisions of bombay co-operative societies act 1925, which carries on business as distilleries, manufacturers and sellers of country liquor. its product named hindi is the matter involved in several trademarks, ..... kopargaon. 3. (a) it is the case of the applicants that the applicants are the private limited companies duly registered under the provisions of companies act, 1956 and also successfully carries on business as distillers, manufacturers and sellers of country liquor, likewise, its products hindi and hindi form the subject of .....
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..... under item 1 of schedule iii which is couched in the following language : "to advise or actively support or instigate any strike deemed to be illegal under this act." the industrial court also granted such a declaration, after recording a finding, firstly, that the strike was illegal and, secondly, that the respondents (which included the ..... after obtaining the opinion of the industrial court and after considering the objections and suggestions to the same received from any person. 9. schedule ii of the act lists, as its heading shows, unfair labour practices on the part of employers; whereas schedule iii lists unfair labour practices on the part of trade unions ..... labour court for a declaration whether such lockout will be illegal. explanation. for the purposes of this section, recognised union includes a representative union under the bombay act. (3) no declaration shall be made under this section, save in the open court. (4) the declaration made under this section, shall be recognised as .....
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..... proving or disproving the fact. it is clear that indian legal system does not insist on plurality or witnesses. neither the legislature (section 134 of the evidence act, 1872) nor the judiciary mandates that there must be a particular number of witnesses to record an order of conviction against the accused. our legal system has ..... and other police constables to take search of the accused and if necessary arrest him. in pursuant to the said directions, the complainant and other police officers were acting and accordingly they took search on 10.3.1995. however, they were not successful in tracing out the accused, therefore, again they went to search and ..... khan to police station, itwara, nanded and produced him before police station officer. in the month of march, 1995 the provisions of section 37 of bombay police act were in force throughout nanded district. then the complainant mohd. pathan lodged his complaint against the accused in the police station itwara. on the basis of complaint filed .....
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..... of law as to be binding on industrial tribunals adjudicating an industrial dispute. the jurisdiction which is granted to industrial tribunals by the industrial disputes act is not the jurisdiction of merely administering the existing laws and enforcing existing contracts. industrial tribunals have the right even to vary contracts of service ..... , still the legislature did not intend to include in this expression "industrial disputes" for the adjudication of which the parliament had enacted the industrial disputes act. the learned judges then referred to the proviso and observed: "indeed this proviso supplied a key to the intention of legislature and it almost conclusively ..... , clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that .....
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..... and all the attending circumstances, we are of the view that virsasingh's case and the other cases are not helpful to the case of the appellant and the act of the appellant squarely falls in clause thirdly of section 300 of the indian penal code. consequently, he deserves punishment for the offence punishable under section 302 and ..... was going outside the company premises at 09.14.04.90. therefore, these facts allow us to draw an inference against the appellant/accused that after committing some harmful act to the deceased, the appellant has taken her in his car. in the subsequent part of this judgment, we will be supplying reasons for this inference which we ..... harm to deceased shraddha. the evidence shows that he was having one sided love with shraddha and he was trying to have established closeness to her. merely because these acts of appellant were not reported to superior or police, that does not mean that those were not the facts. shraddha must have thought that why all these things .....
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..... that the original or appellate authority failed to exercise a jurisdiction so vested, or (c) in following the procedure or passing the order, the original or appellate authority acted illegally or with material irregularity. ? 23. this court has already mentioned the challenges made against the order of rent controller and the relevant material is also quoted. ..... needs of the tenant are satisfied. 29. the landlord can get possession of non residential premises for doing business under the provisions of section 15 (3) (iii) of the act and this provision runs as under: 15. eviction of tenants.- ... ... ... (3) (a) a landlord may subject to the provisions of clause (d) apply to the ..... 1963 decided on 30th july, 1965 was also referred (kanhayalal kaluram v/s amolakchand chandanmal). the provision of section 15 (3) (a) (iii) of the act was considered and interpreted. the division bench endorsed the observations made by the learned single judge in the revision no.254 of 1963 and held that it is .....
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..... and shifting of burden of proof, the supreme court stated thus in paragraph no.16 as under: 16. as is already noted above, section 113b of the evidence act and section 304b of the ipc were introduced into their respective statutes simultaneously and, therefore, it must ordinarily be assumed that parliament intentionally used the word 'deemed' in ..... section 106 of the indian evidence act, but none of the accused entered the witness box and the defence witnesses were examined on the point which did not rebut the evidence regarding continuous ill-treatment ..... defence. at any rate, the prosecution having once shifted the burden to the defence, particularly in the light of presumption u/s 113b of the indian evidence act read with section 304b of the indian penal code, the defence was equally under obligation to prove their defence in accordance with law, also in the light of .....
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..... provide for matters connected therewith or incidental thereto. this legislation had received the assent of the president. under section 19 of the a.p. act, educational institutions are classified into three categories, namely, state institutions, local authority institutions and private institutions and granting of permission for the establishment of ..... code have statutory status in view of the provisions of maharashtra secondary education board regulations, 1966 (maharashtra regulations) framed under section 37 of the said act. this position in law is binding on everybody. in the light of this judgment, i submit that the provisions of secondary schools code have ..... matters. it contains same reasons as briefly disclosed in forwarding letter and in addition also mentions right of children to free and compulsory education act, 2009 as an additional circumstance necessitating the school mapping. it also rejects all proposals received whether with positive recommendations of either both or only .....
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