Court : Mumbai Aurangabad
..... scw 1681. the apex court, in the said judgment has observed thus"23. the position of law in relation to section 27 of the evidence act was elaborately made clear by sir john beaumont in pulukuri kottaya and others v.s emperor [air 1947 pc 67] wherein it was held :"section 27, which is not artistically ..... apex court, in the mater of "state of maharashtra v/s suresh" (2000) 1 scc 471, relating to the recovery of dead body / bodies u/s 27 of the evidence act, which reads thus26. we too countenance three possibilities when an accused points out the place where a dead body or an incriminating material was concealed without stating that it was ..... was made by himself. such an interpretation is not inconsistent with the principle embodied in section 27 of the evidence act."16. it may also be useful to refer the position of law in relation to section 27 of the evidence act, as observed by the apex court in the matter of "geejaganda somaiah v/s state of karnataka" 2007 air .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the matter of vasco urban co-op. credit society ltd. v. shobha d. korgaonkar. said judgment relates to effect of service in a matter under negotiable instruments act (section 138) and this court found the tenuous position if an unscrupulous addressee avoids the service of notice by discovering illusory ways and cause delusion in the affairs.12. ..... of possession shall be instituted by a landlord". such restriction is in the context of serving a notice as is indicated in section 106 of the transfer of property act, 1882.10. the learned counsel for the landlord repeatedly harped on the effect of service at the residence of any person. however, that eventuality will not be ..... has created may-hem to the substantial right which the statute provide in favour of the tenant as the very language of section 15 of the maharashtra rent control act, 1999 comes with a rider "no ejectment ordinarily to be made if the tenant pays or is ready and willing to pay standard rent and permitted increases." clause .....
Tag this Judgment!Court : Mumbai Aurangabad
..... concerned, the same are required to be adjudicated before the cooperative court as the cooperative court is empowered under section 91 of the maharashtra cooperative societies act ("mcs act" for short) to look into the disputed questions of facts and to conduct full fledge trial and to come to the conclusion whether the loan documents ..... 1 in respect of maintainability of the present letters patent appeal.16. moreover, it is explicitly clear from the very language of section 17 of the securitization act that any person (including borrower emphasis supplied) aggrieved by any of the measures referred to in subsection (4) of section 13 taken by the secured ..... renewals were done without the consent and signature of the appellant herein. according to the learned counsel for the appellant, the provisions of the indian contract act would also restrain the bank to recover the said loan amount from the appellant, since the liability after renewal is not fullfledged liability. it is also submitted .....
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..... each document separately filed before it and given its clear findings about the relationship between the parties, as landlord and tenant, as contemplated under the said act.28 upon perusal of the judgment and order passed by the additional tahsildar, sailu it appears that the said judgment and order is cryptic and is without ..... permissible now. notarized document submitted to tahsildar / tribunal becomes a public document, being public record of private document as per section 74(2) of indian evidence act. it is further submitted that the argument regarding completion of section 38(a) proceedings and grant of ownership certificate was not particularly pleaded. however, the same ..... . hence, this writ petition. 6 the learned counsel for the petitioners submitted that unless the tenancy of sakharam and his brother tukaram is established under the said act, the application u/s 98(c) cannot be decided. however, while reversing the judgment of tahsildar, both the courts below i.e. dy. collector & m .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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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:-1 This appeal is filed against the judgment and order dated 1.11.1999 passed by the learned Additonal Sessions Judge, Parbhani in S.T. No. 6 of 1996, thereby convicting the appellant for the offence punishable under Section 325 of I.P.C. and sentencing the suffer R.I. For three years and to pay fine of Rs.1000/- i.d. To suffer R.I. for three months.2. The prosecution story in brief is as follows:-The alleged incident took place on 16.9.1996 at about 7.00 p.m. Near Chawdi in the village. It is the case of the prosecution that at the relevant time the accused was standing on the wall of his house. One Gunderao (P.W.3) had hot exchange of words with his cousin Kashiram near Chawdi. At that point of time, to avoid future quarrel one Babu s/o Rambhau Sodge intervened and started taking away said Gunderao from the said spot. When he was passing by the side of road of the house of accused, the accused called Gunderao and commented that said Gunderao had quarreled with his father and he will...
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..... of each accused in commission of the offence cannot be segregated since the witnesses have stated that all the accused were holding weapon sattur in their hands. unless overt act is attributed to each accused and it is shown that there was intention on their part to commit the offence, they cannot be convicted wit the help of section ..... i find considerable force in the argument advanced by the learned counsel for the appellant that there should have been identification parade as contemplated u/s 9 of the evidence act. the witnesses are also not consistent in telling as to which of the alleged weapons the appellant had used in the commission of the offence. the evidence of the ..... inflicted a particular injury sustained by the complainant or p.w.4 arun mohan pathare or any other person. in absence of that, it is impossible to attribute overt act to each accused. it has also come in the evidence of medical officer p.w.8 that the complainant had not sustained injury on knee, as stated by the .....
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..... has taken place at the place of accused/appellants and the medical evidence convincingly establishes that it is the only accused persons who are responsible for the said act. the prosecution has proved beyond doubt that the injury no. 5 and 6 mentioned in the evidence of medical officer were and such injury cannot be without any ..... para 20 of the impugned judgment that, the disclosure made by the deceased before her parents shows that she was not being provided with food and such type of act can be done by her mother-in-law i. e. accused no. 6 malanbai and, therefore, the learned sessions judge arrived to the conclusion that the appellant ..... also deposition of the complainant and his wife and also the deposition of other witnesses including the medical officer. the learned additional public prosecutor submitted that, the act of the appellants/accused has been stated by the complainant which is supported by his wife and there is convincing medical evidence which leads to only conclusion that .....
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..... necessary for 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 always ..... come to the conclusion that the accused no.1 cannot be said to have caused such bodily injuries with intention to cause death or he ever presumed that his act is likely to cause death. therefore, in my opinion, the trial court has taken correct and possible view thereby holding the accused responsible for the offence punishable under ..... 15, 16 and 17 has observed thus:" 10. it is sufficient to justify a conviction under section 307 if there is present an intent coupled with some overt act in execution thereof. it is not essential that bodily injury capable of causing death should have been inflicted. the section makes a distinction between the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... court dealt with the dictionary meaning of the words "instigation" and "goading". the court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. each person's suicidability pattern is different from the other. each person has his own idea of self esteem and self respect. therefore, it is impossible ..... supreme court cited supra, it is required to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts to the commission of suicide. merely on the allegations of harassment without there being any positive action proximate to the time of occurrence on the part of the accused ..... in para 15 held that, it is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of .....
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