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
..... the order passed by the assistant collector, rahuri, who failed to appreciate the set of facts and dismissed the application under section 84 of the btal act. considerations 9. on scrutiny of the impugned order, passed by the learned member of the maharashtra revenue tribunal, it is noticed that for following reasons ..... the application under section 84, according to the learned senior counsel, was deliberately moved in order to save limitation as contemplated under section 29 of the btal act. (k) further it was the submission of the learned senior counsel that the revision filed before the maharashtra revenue tribunal was barred by limitation. according to ..... original petitioner. petitioners in writ petition no. 3094 of 2001 are legal representatives of yadav mhatarba katore. 3. the application under section 84 of the btal act was in respect of certain lands, situated at mauje sonai, taluka newasa, district ahmednagar. the said application was pertaining to the following lands, situated at .....
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 .....
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..... by the additional sessions judge, hingoli in special child case no.1 of 2013 on 29th april 2015 under section 4 of the protection of children from sexual offences act, 2012 ("the act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of rs.35,000/- (rupees thirty five thousand) and in ..... new abadi was about a kilometer away from the main village and was having less population (thus giving opportunity to the accused to reach out to the victim for repeated acts of violation); that the accused was in a position to take precaution to conceal his activities; that the evidence of pw-7 uttam was natural where he deposed that ..... remand home and she is facing hardships of the life as she has no support and the amount of compensation deserves to be increased. relying on section 29 of the act it is stated that there is presumption that the accused committed the offence and thus according to the counsel, no interference in the judgment is called for. 9. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... even if the interim order of this court or any other competent court is violated by any person, they can be dealt with in accordance with the contempt of courts act and other relevant provisions and can be punished. however, in the present case, on careful scrutiny of the entire material placed on record, it is difficult to hold that the ..... passed by this court. therefore, the respondents be dealt with in accordance of the contempt of courts act and ultimately they be punished for not obeying the order passed by this court on 24-08-2005. 4. contempt petition was initially heard on 01-12-2005 when this ..... petitioner to the education officer on 29-08-2005. it is the case of the petitioner that respondent nos. 1 and 2 alongwith respondent nos. 4 to 13 have deliberately acted high handedly and flouted the order passed by this court. therefore, respondent nos. 1 and 2 and 4 to 13 have committed contempt of the order dated 24-08-2005 .....
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..... above, shall also be followed in the cases of transfer and shifting of the schools for special children established under the provisions of the act of 1995. 38. for the reasons recorded herein above, issuance of the government resolution dated 12th september, 2014, according to us, was the arbitrary exercise ..... can be followed in the matters of transfer and shifting of the schools established under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. we, therefore, direct that the modalities as are incorporated in the government resolutions dated 31st july, 2013 and 17th february, 2012, referred to herein ..... and it should be preferably from the commencement of the new academic session subject to prior permission of the charity commissioner under section 36 of the bpt act. 35. it is further significant to note that in pursuance of the directions, as above, given by the division bench of this court, vide government .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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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..... though he submits that the resignation was accepted forcibly, it cannot be ignored that the employee did not approach the school tribunal u/s 9 of the meps act, 1977 for alleging forceful resignation amounting to illegal termination from service. he has approached this court by filing a writ petition in 2009 after 4 years and which ..... from his service so as to avoid an unceremonious removal from service since the management had decided that they would initiate disciplinary action against the employee for the act of forgery said to have been committed by him. neither in the memo of the appeal nor in any earlier communications, does the employee state that the ..... of the learned advocates and have gone through the record available and the petition paper book with their assistance. 10. the entire issue turns upon the purported act of forgery committed by the employee and the subsequent resignation said to have been submitted by him. 11. the employee has stated that his signatures appearing on .....
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..... to electronic record, as noted hereinbefore, being a special provision, the general law on secondary evidence under section 63 read with section 65 of the evidence act shall yield to the same. generalia specialibus non derogant, special law will always prevail over the general law. it appears, the court omitted to take note ..... 219. on cdr, learned counsel for accused no.1 strenuously submitted that there is no compliance of the mandatory provisions of section 65b of the indian evidence act and therefore, cdr reports cannot be admitted in evidence. in support, shri khamkar, learned counsel placed vehement reliance on anvarp. v. vs. p. k ..... 2 months. investigating officer could not give plausible explanation for not choosing independent panch witnesses for number of panchanamas. the manner in which investigating agency had acted creates strong suspicion about the fairness of investigation as it frustrates the object of :- [i] preventing unfair dealings on the part of investigating agency; [ii .....
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..... is expected to follow, this court holds that such relationship can be proved to the satisfaction of the magistrate. 23. sections 2 (a), 3 and 12 of the act show that for getting the reliefs, the person like the present petitioner is required to prove that she had lived together with the respondent in a 'shared household'. such ..... 125 cr.p.c.?" 18. at paragraph nos. 41 and 42 in the case cited supra following observations are made by the apex court. "41. most significantly, the act gives a very wide interpretation to the term 'domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in relationship in the nature ..... supreme court [chanmuniya vs. virendra kumar singh kushwaha and anr.]. this was again a proceeding under section 125 of cr.p.c. in view of the provision of the act and change in social attitude and values, the supreme court has expressed a view that a broad and expansive interpretation should be given to the term 'wife' used in .....
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