Court : Mumbai
Reported in : 1998BomCR(Cri)95; 1997CriLJ2713
..... 14th march, 1997 we also referred to the statement of objects and reasons of the criminal law (amendment) act, 1983 as a result of which section 498a was inserted in i.p.c. ..... we think that in the category of cases we have in mind the more appropriate and affective procedure would be that contemplated by the cornors' act, which ensures that the inquiry into the death is held by a person of independent standing and enjoying judicial powers, with a status and jurisdiction commensurate with the necessities of such cases and ..... since we were not happy with this affidavit, we enquired with the learned public prosecutor shri tulpule, who stated before us on 14th march, 1997, that the principal secretary, home department, government of maharashtra would personally file an affidavit in this court by tuesday the 18th march, 1997 ..... we may quote some portions in the affidavit of shri marathe to illustrate the manner in which the affidavit ..... reproduce para 3 of the affidavit of shri sakhalkar which reads as under : 3. ..... that as it may, shri marathe categorically states that ..... principal secretary, home department to personally file an affidavit by 18th march, 1997 we referred to the decision of the supreme court in shri bhagwant singh v. ..... this conduct on the part of shri marathe. ..... shri ..... principal secretary would personally file the affidavit explaining the practice followed to comply with the mandatory provisions of sections 174 and 176 of the code, in bombay and thane, the affidavit of shri v.h. ..... shri .....
Tag this Judgment!Court : Mumbai
Reported in : 1998CriLJ4496
..... lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, (here is a rational nexus between the amended provision is of section 498-a and the object that is sought to be achieved by the said section. ..... while dealing with the decisions of the andhra pradesh high court and punjab and haryana high court, shri agarwal for the respondents has also invited our attention to a judgment of the division bench of this court in kanak vinod mehta v. ..... on the other hand, shri agarwal, the learned counsel appearing for the union of india and the attorney-general contends that there is nothing arbitrary in the amended provisions of section 498-a having regard to the well-settled principles on which a law can be tested on the touch-stone of article 14 of the constitution. ..... evidence of these three witnesses has been appreciated by the two courts below and shri deshpande invited our attention to the relevant portion in the evidence of these witnesses. ..... apart from shri deshpande and shri agarwal, we have also heard shri thakur, the learned a.p.p. ..... heard all the learned counsel; shri deshpande for the petitioner-original accused, shri thakur, asstt. ..... shri deshpande, the learned counsel, appearing for the petitioner has raised three contentions before us ..... shri agrawal has appeared for the union of india and the attorney-general.3 ..... public prosecutor for the state of maharashtra and shri r.m. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR714; 2009(4)BomLR1468
..... question was regarding availability of alternate route for the purpose of providing passage to the pallivetta procession originating from shri jagannath temple, tellicherry. ..... it was argued that the amendment by act 38/1923 omitted the words 'appears' and ..... senior counsel for the appellants was right when he contended that the reasoning adopted by the division bench of the high court in the impugned judgment for applicability of section 40(1)(b) of the act, that the work concerned should be like a hospital, public reading room or library, would result in unduly limiting the wide scope of section 40(1)(b). ..... a dissenting view is expressed by another judge by holding that the proposal under section 126(1) of the maharashtra regional and town planning act, 1966 is for acquisition of land for a specified public purpose, if the planning authority wants to acquire the land subsequently, for any other public purpose earmarked in the modified scheme, then ..... sonak, to the effect that the land acquisition officer has not dealt with the objections under section 5a of the act is concerned, it is required to be noted that before the slao, no particulars were given about the availability and ..... that the learned counsel for the petitioners could not point out whether any policy is taken by the state government that agricultural land should not be acquired under the land acquisition act and therefore, it cannot be said that the state government cannot acquire agricultural land for the said purpose.34. .....
Tag this Judgment!Court : Mumbai
Reported in : II(1998)DMC569
..... that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498a of ipc, lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, there is a rational nexus between the amended provisions of section 498a and the object that is sought to be achieved by the said section. ..... in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under :'...the degradation of society due to the pernicious system of dowry and the unconscionable demands made by greedy and unscrupulous husbands and their parents and relatives resulting in an ..... menace the legislature decided to amend the penal code, criminal procedure code and the evidence act by the criminal law (second amendment) act, 1983 (no. ..... the other amendments effected by criminal law (amendment) act, 1983 were to sections 174 and 176 of the said criminal procedure code and the insertion of section ..... all statutes in general (be they penal or beneficial, restrictive on enlarging of the common law), four things are to be discerned and considered; (1) what was the common law before the making of the act, (2) what was the mischief and defect for which the common law did not provide, (3) what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth, (4) the true reason ..... shri ..... shri .....
Tag this Judgment!Court : Mumbai
Reported in : 1996CriLJ1228
..... in the code by the criminal law (amendment) act, 1983. ..... sc 1326, and if uttered a note of caution pointing out that it would be risky to found a conviction solely on the evidence of handwriting expert and before acting upon such evidence the court must always try to see whether it is corroborated by other evidence, direct or circumstantial. ..... : air1964sc529 , where it was pointed out by this court that expert's evidence as to handwriting being opinion evidence can rarely, if ever, take the place of substantive evidence and before acting on such evidence, it would be desirable to consider whether it is corroborated either by clear direct evidence or by circumstantial evidence. ..... shivaji tukaram jadhav, and by baban jagannath patil, who was not examined. ..... it is true that the loop component of letter shri in the disputed document q1 is nearer to the staff than the loop component of the same letter in specimen documents s1 ..... is in marathi and the english translation of the same as given by the court translator reads thus :-'shri ganpatrao anna, i have killed my killed my wife. ..... this rule has been universally acted upon and it has almost become a rule ..... by the same act, section 113-a has been added to the indian evidence act to raise a presumption regarding abetment of the suicide by a ..... this, the accused was in custody since august 25, 1986 and it is not disclosed as to under what circumstances he volunteered to make the statement under section 27 of the evidence act on september 2, 1986. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR281; 2007(3)BomCR527; 2007(3)MhLJ753
..... . section 4a came to be inserted by the maharashtra employees of private schools (conditions of service) regulation (amendment) act, 1987 to provide for director/s power to hold or to order holding of inquiries where the director is satisfied that in any case of alleged misconduct or misbehavior of serious nature or moral turpitude of an employee, the inquiry committee has ..... mr.gordey also pressed into service section 4e of the act, wherein by amendment act of 1987, the director is given power to hold or order to hold enquiry, to contend that the legislature itself has given go bye to the composition of the enquiry committee contemplated under rule 36(2)(a) of ..... giving opportunity to both parties of being heard, decides in any appeal that the order of dismissal, removal otherwise termination of service or reduction in rank was in contravention of any law(including any rules made under this act), contract or conditions of service for the time being in force or was otherwise illegal or improper, the tribunal may set aside the order of the management, partially or wholly, and direct the management(a) to reinstate the ..... sukhaja bearing w.p.no.463 of 1983, decided on 12.8.1987 (unreported), the division bench has taken the view, that it is open for the school management to lead evidence before the school tribunal to prove misconduct of the employee, in the following ..... petition filed by the children's education uplift society against shri narayan h. ..... single judge of this court shri s.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any ..... the state can, however, under article 19(6) place reasonable restrictions on the right to trade or business in the same in the interest of general public.the amending act, as we have noted earlier, has prohibited a class of establishments which have permit room and beer bars from having the activity of dancing ..... received from general public including people's representatives considering the performance of dance in mind in eating houses, permit rooms or beer bars throughout the state.the following calling attention motion was tabled on 30th march, 2005 by shri vivek patil (panvel):the action to be taken by the government, measures and government's view on the damages caused to the number of families due to bars, started from last few months in the raigad district at panvel, ..... . the stone carvings and pictures in 'kailash temple' at ellora, khajuraho and paintings at ajanta, stands out as an evidence of history, traditions and cultural heritage of ..... . union of india : (1983)illj104sc which has been followed in ..... . : [1983]1scr1000 .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR266
..... , in kisan ranchhoddas's case rightly held that whether the obstructionist proceeding is treated as a continuation of the original application newly instituted after the commencement of the amending act, the provision of sub-section (3) of section 97 of the amending act leave no room for doubt that the amended provision in order 21, rules 98 to 103 will be attracted and once the provision get attracted, then the only remedy is by way of appeal against the order and if no appeal is filed, the order becomes final ..... therefore, in law said proceedings are also continuation of the initial proceedings which are saved by section 97 of the amending act as well as section 46(2) of the presidency small cause courts act and, therefore, the appellate bench rightly came to the conclusion that the appeal was not maintainable. ..... in reply to this contention it was contended by shri tunara, learned counsel for the petitioners that the petitioners in this writ petition were not parties to the proceedings before the supreme court, nor had they filed any undertaking. ..... 49/215 of 1973 was filed before the court of small causes, bombay against one ganpatlal by the trustees of ratneshwar temple and smt. ..... rameshwar 1983 bom.c.r. ..... as possible, preferable within a period of three months from the date of the receipt of writ of this court.the parties are directed to appear before the appellate bench of the small causes court at bombay on 18th of july, 1983. ..... rameshwar and another 1983 mh.l.j. ..... 283 : 1983 m .l.j. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR575; 2004(2)BomCR280; [2003]117CompCas643(Bom); 2003(4)MhLj883; [2003]47SCL372(Bom)
..... the code of civil procedure (amendment) act, 1999 was introduced in order to give effect to the recommendations ..... as introduced by the amendment act of 1976 came up for consideration before the supreme court and it was held specifically to bar ..... of civil procedure was initially inserted by an amendment act of 1976. ..... before the division bench against the judgment and order of a single judge of the high court in the exercise of the appellate jurisdiction, no such appeal would lie upon the enforcement of the amended provisions of section 100a against a judgment of the single judge rendered on and from 1st july, 2002. ..... the respondent while objecting to the maintainability of the appeal urges that inasmuch as the judgment and order of the learned single judge has been delivered on 14th february, 2003, after the amended provisions of section 100a were brought into force, the letters patent appeal is clearly not competent. ..... the madhya pradesh high court has specifically rejected the contention that section 100a as amended would protect the right of appellants which existed in respect of suits instituted prior ..... in the alternative, it has been urged that even if it is held that the amended provisions of section 100a would govern a case such as a present, since the judgment and order of the learned single judge was delivered after 1st july, 2002, nevertheless those provisions will ..... must advert to the judgment of a division bench of this court in shri chandreshwar bhuthanath devastan of paroda v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR264; 2003(1)MhLj161
..... 28th november 1988 the goa land revenue code (amendment) act, 1988 was brought into force whereby section 32(6) of the land revenue code, 1968 was amended. ..... aforesaid facts and circumstances and specially in view of the fact that the state of goa is desirous of amending the act, the judgment passed today is stayed for a period of 8 weeks. ..... the learned additional advocate general has fairly stated that state of goa is desirous of amending the aforesaid violative part of section 32(6)(ii) of the land revenue code so as not to be violative of article 14 of the constitution of india and in view thereof, the learned additional advocate general prays for stay of our order for a period of ..... it is no answer to such a charge to say that the rateable value could be determined properly by the municipal authorities acting under the act and the rules thereunder when they do not resort to any of the well-known methods of valuation and cannot justify their ..... 2/- per square metre was provided in the 1988 amendment but in the 1994 amendment there was no change with regard to private residential ..... that no such fees shall be leviable in cases where sanad is granted - (i) for area not exceeding two hundred square metres: (ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals, or educational, charitable, cultural or religious institutions. ..... learned additional advocate general referred to and relied on another apex court judgment in raja jagannath baksh sinah v. ..... : [1983]3scr93 .16 .....
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