Court : Mumbai Aurangabad
..... by this court in the past. it needs to be presumed that these interim orders and directions were subject to result of the proceeding and the provisions of the act. the petitioner did not come to this court for getting permission for making application to appear for the common entrance test which is held for admission to post ..... ). the facts were different. 15. the procedure prescribed by the apex court in the case of madhuri patil (cited supra) and the procedure laid down in the act and the rules show that strict verification of the caste before giving benefit to a person is necessary so that the benefit is given to the real backward class person ..... to scheduled tribe, raj. in view of this circumstance, the other record which is mentioned above cannot be given much importance. 14. provision of section 6 of the act shows that each and every claim is expected to be verified by the committee independently. this becomes more necessary when there is no validity certificate in favour of the .....
Tag this Judgment!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 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 Aurangabad
..... specified in clause (i) of sub section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when a divorce is ..... petitioner-husband challenging the order passed by principal judge, family court, aurangabad in petition c-4 of 1996 under sections 18 and 20 of hindu adoption and maintenance act 1956. learned counsel for petitioner-husband has submitted that appeal deserves to be allowed by setting aside the judgment and decree passed by the learned in charge judge ..... join the company of petitioner-husband. learned counsel further submitted that learned judge of family court has misconstrued and misinterpreted the provisions of section 23 of the said act and thereby arrived at an erroneous conclusion. in fact, the family court ought to have granted decree for divorce on the sole ground that there has been .....
Tag this Judgment!Court : Mumbai Aurangabad
..... wife filed criminal appeal in the high court challenging the acquittal of the appellant husband and his parents of the offences under the dowry prohibition act and also the acquittal of his parents of the offence punishable under section 498a ipc. she filed criminal revision seeking enhancement of the punishment awarded ..... the question whether the respondent had deserted petitioner without reasonable cause. fourth issue related to, whether there was bar under section 23 of the hindu marriage act. parties brought on record necessary evidence. petitioner examined himself as pw1 giving evidence on line of above pleadings. per contra respondent led her evidence on ..... quarreled. she quarreled and deserted the petitioner claiming that she will put him behind the bars. she threatened to commit suicide. she consistently humiliated him which acts amounted to cruelty. it had become impossible to live with her due to mental agony and torture. with such facts the first petition claimed divorce. .....
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..... accused and parents of the victim regarding the tenanted premises and arrears of rent and thus the accused had been falsely implicated. the evidence of doctor does not prove that act of rape was committed. 6. it has been argued by the learned counsel for the appellant-accused that document exhibit 29 regarding examination of the victim was produced by ..... the accused was charged for offence under section 323 of ipc and also under section 3 (i) read with 11 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 also, but he came to be acquitted for those sections. there is no appeal against that acquittal. 5. the appellant-accused claims in the appeal and it has ..... was trying to put it aside, in which process her odhani tore. she was trying to push him aside, but the accused did not get up and completed the act. thereafter he left her and gave her clothes and wearing his own clothes, he went away. the victim was crying and wore her clothes and she had blood from .....
Tag this Judgment!Court : Mumbai Aurangabad
..... wife filed criminal appeal in the high court challenging the acquittal of the appellant husband and his parents of the offences under the dowry prohibition act and also the acquittal of his parents of the offence punishable under section 498a ipc. she filed criminal revision seeking enhancement of the punishment awarded ..... the question whether the respondent had deserted petitioner without reasonable cause. fourth issue related to, whether there was bar under section 23 of the hindu marriage act. parties brought on record necessary evidence. petitioner examined himself as pw1 giving evidence on line of above pleadings. per contra respondent led her evidence on ..... quarreled. she quarreled and deserted the petitioner claiming that she will put him behind the bars. she threatened to commit suicide. she consistently humiliated him which acts amounted to cruelty. it had become impossible to live with her due to mental agony and torture. with such facts the first petition claimed divorce. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... taken into consideration. it was not committed by accused under any mental stress or emotional disturbance and it is difficult to comprehend that he would not commit such acts and would be reformed and rehabilitated. as the circumstances would graphically depict, he would remain a menace to the society, for, a defenceless child has become ..... in case of circumstantial evidence, death penalty should not be awarded was held without logic. the hon'ble supreme court held that circumstances proved establish the depraved acts of the accused and they call for only one sentence that is the death sentence. 51. in the case of rajendra wasnik referred above, the accused ..... critical examination of the evidence on record we hold that all the circumstances proved by the prosecution clearly indicate that accused and accused alone is responsible for the acts attributed to him. 36. to sum up we reiterate the incriminating circumstances proved against the accused as under (i) accused was found with the victim .....
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
..... solvent and shall also be interested in educational progress. 29. considering the overall situation in the light of the cases dealt with by this court under the meps act and the rules, the time has come for the state of maharashtra to create some embargo or restriction on the private managements of the school and educational institutions from ..... , the proprietary body may choose the manager in accordance with the rules in that behalf referred to in rule 2. (4) the educational agency shall be bound by the acts of the manager. 28. rule 8 of the kerala education rules, 1959 reads as under:- 8. persons connected with management not to be appointed in schools - (1) ..... ago, was illegal. after terminating their services, the kith and kin of the management are appointed in their place. the proviso to section 5(1) of the meps act, 1977 is blatantly violated. in a recent judgment delivered by this court in the matter of vasant shikshan prasarak mandal through its president and others vs. the state of .....
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