Judgment Search Results Home > Cases Phrase: the cochin makkathayam thiyya act 1940 Court: mumbai Page 1 of about 972 results (0.095 seconds)

Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...

Court : Mumbai Aurangabad

..... the judicial pronouncements of the honble apex court in the cases cited on behalf of the appellant/ accused in criminal appeal no.19/2011, it can be seen that the proof of the exercise of right of private defence is not as onerous on the accused claiming such right as it is on the prosecution, and preponderance of probability in favour of such plea is sufficient and the court, while considering the issue of extent of the right of private defence, has to pragmatically view the fact situation and is not expected to weigh the ..... on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate court ..... p.w.5 shaikh salmans conduct to shock him with a cut of his motorcycle evoked a violent response from p.w.5 shaikh salman and his relations p.w.1 feroz, p.w.7 afroz and the deceased nazir inasmuch as they assembled in front of his residence with arms in their hands salman with knife and others with wooden logs, and gave call amjadbahar ..... started beating him after he stepped out of his house; and when salman was about to assault him with knife, accused no.2 zarinabegum caught the knife and sustained a bleeding injury; and in a beating received by him, his right hand was fractured, and in an ensuing scuffle between him and salman thereafter ..... cochin .....

Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...

Court : Mumbai Aurangabad

..... the judicial pronouncements of the honble apex court in the cases cited on behalf of the appellant/ accused in criminal appeal no.19/2011, it can be seen that the proof of the exercise of right of private defence is not as onerous on the accused claiming such right as it is on the prosecution, and preponderance of probability in favour of such plea is sufficient and the court, while considering the issue of extent of the right of private defence, has to pragmatically view the fact situation and is not expected to weigh the ..... obligation on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate court ..... shaikh salmans conduct to shock him with a cut of his motorcycle evoked a violent response from p.w.5 shaikh salman and his relations p.w.1 feroz, p.w.7 afroz and the deceased nazir inasmuch as they assembled in front of his residence with arms in their hands salman with knife and others with wooden logs, and gave call amjadbahar nikal ..... started beating him after he stepped out of his house; and when salman was about to assault him with knife, accused no.2 zarinabegum caught the knife and sustained a bleeding injury; and in a beating received by him, his right hand was fractured, and in an ensuing scuffle between him and salman thereafter ..... cochin .....

Nensukhdas Shivnaraen Vs. Birdichand Anraj

Court : Mumbai

Reported in : AIR1917Bom19; 43Ind.Cas.699

..... we will now consider how far that liability extends, it is contended for the plaintiffs that the defendants are liable for all acts of the muccadams done in relation to the plaintiffs' goods from the time when the muccadams first took charge of them till the 30th of september 1913, when it was found that 117 bales were missing.14. ..... ' there does not appear to be any reason why the acts,' for which the agent as principal of the sub-agent is to be responsible to his own principal, should be 'acts' falling under a more ex-tended category than the facts' contemplated in sections 182 and 188 and the first clause of section 192. ..... the 'acts' for which the principal is responsible must be 'acts' of the nature contemplated in section 182, that is, acts of the class which be is employed to do and such auxiliary acts as are contemplated in section 188. ..... under section 188 an agent, having authority to do an act, that is, an act of the nature contemplated in section 182, has authority to do every lawful thing which is necessary in order to do such act, and an agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or usually done in the course, of conducting such business. ..... must, therefore, be taken to be the lawfully appointed sub-agents of the defendants and the defendants are liable for the defaults of the muccadams to the extent indicated in chapter x of the indian contract act. .....

The New India Assurance Co. Ltd. Vs. Bharati Adhik Patil and Others

Court : Mumbai

..... upon perusal of the provisions of the mv act and the wc act, it is clear that under the mv act, the compensation payable is on the basis of negligence and the liability is on the basis of tort, with an exception to section 140 of the mv act, and whereas under the wc act, the compensation payable is on the basis of strict liability, which is imposed by the statute itself. 30. ..... dyamavva (supra), though the claim was not allowed under the two acts, however, the claim was not filed under the workmen's compensation act but the employer has suo motu deposited the compensation under section 8 of the workmen's compensation act, 1923 and, therefore, the application under the motor vehicles act was considered as maintainable. ..... the compensation payable under the motor vehicles act is on the basis of the negligence and the liability is on the basis of tort and whereas under the workmen's compensation act, the compensation payable is on the basis of strict liability, which is imposed by the statute. ..... section 167 of the 1988 act statutorily provides for an option to the claimant stating that where the death of or bodily injury to any person gives rise to a claim for compensation under the 1988 act as also the 1923 act, the person entitled to compensation may without prejudice to the provisions of chapter x claim such compensation under either of those acts but not under both. .....

Smt. Satmabegum Mohammed Razak Khan Vs. Shri Satish Sahney and ors.

Court : Mumbai

Reported in : 1996(1)BomCR166; (1995)97BOMLR745

..... launching of prosecution of the persons involved for contravention of the various provisions of the acts in question and initiation of the adjudication proceedings, the directorate has also to consider whether there was necessity in the public interest to direct the detention of such person or persons under section 3(1) of the act with a view to preventing them from acting in any manner prejudicial to the conservation and augmentation of foreign exchange or with a view to preventing them from engaging in smuggling of goods etc. ..... quite obviously, in cases of mere delay in making of an order of detention under a law like the conservation of foreign exchange & prevention of smuggling activities act, 1974 enacted for the purpose of dealing effectively with persons engaged in smuggling and foreign exchange racketeering who, owing to their large resources and influence have been posing a serious threat to the economy and thereby to the security of the nation, the courts should not merely on account of delay in making of an order of detention assume that such delay .....

Dr. Rohit Desai Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1993CriLJ2730

..... be cognizable; (b) no person accused of an offence punishable for an a term of imprisonment of five years or more under this act shall be related on bail or on his own bond unless - (i) the public prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that be is not likely to commit any offence while on bail ..... therefore, it was contended by shri lambay that it was only in order to see that the whole investigation is complete as regards whatever has been found at bombay, the police party proceeded to vapi and, therefore, the whole act of taking panch witnesses from bombay in the aforesaid circumstances cannot be called as a mala fide intention on the part of the investigating machinery. ..... after taking into consideration this evidence and after taking into consideration the chalans, according to me there is sufficient evidence on record to come to a conclusion that the prosecution has collected evidence to prima facie show the involvement of the petitioner in the alleged offences under the narcotic act. ..... act, it is contended on behalf of the petitioner that the principles of section 100 of the criminal procedure code read with section 166(4) of the criminal procedure code are applicable in the fact and circumstances of the present case. .....

Span Diagnostics Pvt. Ltd. Vs. State of Maharashtra

Court : Mumbai

Reported in : [2004]136STC196(Bom)

..... under the entry relating to medicines is the exclusive prerogative of the state and during the period when one category is excluded from the purview of the entry, then it is not open to import the provisions of the drugs and cosmetics act, 1940 so as to enlarge the scope of the entry under the bst act. ..... the entries in the schedule c to the bst act related to the products dealt with by the medical science and, therefore, the phraseology used therein have to be construed with the help of relevant enactment like the drugs and cosmetics act, 1940, drugs (price control) order, 1987 and 1995 and the rules framed thereunder as well as the indian medical council act ..... the words used in the entry are clear and unambiguous and there is no need to refer to the meaning of the words used under the drugs and cosmetics act, 1940 ..... the products manufactured by the applicant were certified by the food and drug administration authorities to be 'drugs' under the drugs and cosmetics act, 1940 ..... notificationsales of medicines used or intended to be used (whether internally or externally) for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals (other than those specified in entry 69 in schedule c to the act)11-7-1973 to30-6-1981c-71medicines (other than those specified in any other entries in this schedule or in any other schedule) of the following description :patent or proprietary or pharmacopoeia medicinal formulations or preparations made up ready for use, .....

Pannalal Sunderlal Choksi and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : (2001)1BOMLR349; 2000CriLJ4442; 2000(4)MhLj674

..... the onus of proving that a particular director was in charge of and also responsible to the conduct of the business of the company, at the time of contravention of the provisions of drugs and cosmetics act, 1940, and prevention of food adulteration act, 1954, is on the prosecution ..... if these two sections are carefully read, there is no manner of doubt that the vicarious liability of a person for being prosecuted for an offence committed under the drugs and cosmetics act, 1940, and prevention of food adulteration act, 1954, by a company arises if, at the relevant time, he was in charge of and was also responsible to the company for the conduct of its business. ..... for having contravened the provisions of section 18(a)(1) of the said act, 1940, punishable under section 27d read with section 34 of the said act, 1940 and the said rules. ..... a commission of offence by company under drugsand cosmetics act, 1940, and under prevention of food adulteration act, 1954, requires different treatment by virtue of section 34 of the act of 1940 and section 17 of the act of 1954. ..... the provisions of section 23c of the foreign exchange regulation act, 1947, are very much analogous to provisions of section 34 of the act of 1940, and section 17 of the act of 1954 ..... according to them, section 34 of the drugs and cosmetics act, 1940, and section 17 of prevention of food adulteration act, 1954, make the directors of the respective companies responsible for manufacture of substandard drug and adulterated food .....

Prabhudas Kalyanji Adhia Vs. State

Court : Mumbai

Reported in : AIR1970Bom134; (1969)71BOMLR470; 1970CriLJ455

..... the only question which arises in this appeal filed by prabhudas kalyanji adhia against his conviction under section 18(c) read with section 27 of the drugs and cosmetics act, 1940, for manufacturing, stocking and selling on july 15, 1966 the substance which he ..... that the finding of the learned magistrate was not right firstly because the report of the public analyst did not mention the protocol test and secondly because the substance manufactured, stocked and sold by the accused was not for medicinal use and the learned magistrate erred in relying on the report and in holding in spite of what was mentioned in the label that the d. ..... 'drug' includes --(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals;(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may he specified from time to rime by the central government by notification in the official gazette. ..... the magistrate convicted the accused under section 18(c) read with section 27 of the act and sentenced him to suffer simple imprisonment for one day and to ..... a licence under the said act is, whether the said d. ..... the drugs and cosmetics act is dealing with matters relating to the ..... within the meaning of that act.2 .....

Shailesh S/O Krishnarao Kohad Vs. the Scheduled Tribe Caste Certificat ...

Court : Mumbai

..... the judgments on the point of acquiescence cited by learned senior counsel are mostly on the provisions of arbitration act, 1940 ..... facts in said judgment clearly show that the issue there pertained to best judgment assessment under the sales tax act, after the returns filed by the assessee were found to be incorrect and ..... of the impugned order is pointed out to show that it directs withdrawal of benefits secured by the petitioner, as if the same are procured on the basis of false caste certificate and there is further direction to lodge fir against the petitioner in the matter in exercise of powers under section 11[2] of the maharashtra act no. ..... hon'ble judges constituting the full bench have delivered separate judgments and ultimately held that the sub divisional officer was competent to preside over the meeting and he was collector of the district within the meaning of section 55[3] of the municipalities act. ..... of above material, such cross examination could not have advanced his case in any way in the light of the scheme of the act and rules mentioned above.21. ..... out the provision of rule 9 of the maharashtra scheduled tribes (regulation of issuance and verification of) certificate rules, 2003 framed under the maharashtra scheduled caste, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category, (regulation of issuance and verification of) caste certificate act, 2000 (hereinafter referred to as 'the maharashtra act no. .....