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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is submitted that the state government, vide government order, medical education and drugs department, bearing no.cim.1099/122/c.r.25 / 99 / acts, dated 23.02.1999, published in the maharashtra government gazette, dated 25.03.1999, in pursuance to the provisions of sub-clause (iii) of clause (ee) of rule 2 of the drugs and cosmetics rules, 1945, declared the persons holding the qualifications for the time being mentioned in parts a, a1, b and d of the schedule appended to the said act of 1961, to be the persons practising the modern scientific medicine for the purposes of the drugs and cosmetics act, 1940 (23 of 1940). ..... it is submitted that the medical education and drugs department, government of maharashtra, vide notification dated 25.11.1982, made an amendment in section 25 of the act of 1961 whereby the ayurvedic practitioners enrolled on the state register of practitioners of indian medicine holding qualification specified in parts a, b and a1 of the schedule appended to the said act have been held eligible to practise modern system of medicine, which is known as allopathic system, to the extent of training they receive in the system. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... an offence under this act has been committed by a company-- (a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible), or (ii) where no person has been so nominated, every person who at the time of offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and (b) the company, shall be deemed to be guilty of the offence and shall ..... ], the apex court has compared the provision of section 34 (1) of drugs and cosmetics act, 1940 with the provisions of section 17 (1) of the act. ..... a drugs inspector, public servant, has filed the aforesaid complaint and order of issue process has been made for offences punishable under sections 18(a)(1) read with sections 16 and 34 punishable under section 27(d) of the drugs and cosmetics act, 1940 (hereinafter referred to the act ? ..... accused no.3 and thereby committed an offence under section 18(a) (1) read with section 16 and 34 punishable under section 27(d) of the drugs and cosmetics act 1940." 19. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ], the apex court has compared the provision of section 34 (1) of drugs and cosmetics act, 1940 with the provisions of section 17 (1) of the act. ..... an offence under this act has been committed by a company -- (a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible), or (ii) where no person has been so nominated, every person who at the time of offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and (b) the company, shall be deemed to be guilty of the offence and shall ..... , and to do all such acts and things, as the company is authorised to exercise and do: provided that the board shall not exercise any power or do any act or thing which is directed or required, whether by this or any other act or by the memorandum of articles or the company or otherwise, to be exercised or done by the company in general meeting: provided further that in exercising any such power or doing any such act or thing, the board shall be subject to the provisions contained in that behalf in this or any other act or in the memorandum or articles of the company, or in any .....
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..... the scheme of the registration of births and deaths act, 1969 (act no.18 of 1969), though presumption of any particular category referable to section 4 of the evidence act is not prescribed/ attached, the totality of scheme of the registration of births and deaths act will have to be considered and in the result it will have to be held that rebuttable presumption is attached to the entry as to date of birth recorded in the register maintained under registration of births and deaths act ..... sukhwinder singhs case (supra), the honble apex court saw adequate and special reason to invoke the proviso to section 376 o the indian penal code in the given facts: (i) the prosecutrix, not more than 16 years of age, had willingly left her parents house to be with the accused from neighbouring village and was consenting party to the act of sexual intercourse, (ii) since then had got married to the accused and did not want the matter to be carried any ..... it is held that prosecutrix was below 16 years, particularly in the background of the nature of present case, where behaviour and appearance of the prosecutrix is that of a well grown female and even upon considering the medical opinion about growth of her secondary sexual characteristics, it was the duty of the prosecution to prove that the accused had knowledge that age of the prosecutrix was below 16 years before indulging in sexual intercourse with ..... mind that even the age of marriage was fixed at 14 in 1929 and was made 15 in 1940 and 18 in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ], the apex court has compared the provision of section 34 (1) of drugs and cosmetics act, 1940 with the provisions of section 17 (1) of the act. ..... an offence under this act has been committed by a company-- (a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible), or (ii) where no person has been so nominated, every person who at the time of offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and (b) the company, shall be deemed to be guilty of the offence and shall ..... , and to do all such acts and things, as the company is authorised to exercise and do : provided that the board shall not exercise any power or do any act or thing which is directed or required, whether by this or any other act or by the memorandum of articles or the company or otherwise, to be exercised or done by the company in general meeting : provided further that in exercising any such power or doing any such act or thing, the board shall be subject to the provisions contained in that behalf in this or any other act or in the memorandum or articles of the company, or in any .....
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..... : when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenery property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenery and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve ..... contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein, upon perusal of the above provisions of section 6 of the act, it is clear that on the death of coparcener if he survived by a male or female relative as is specified in the proviso to section 6 by operation of explanation 1 to that proviso, a notional partition is deemed to have been effected immediately before the death of such coparcener by which the share of the deceased ..... shrihon relied on the following decisions : (i) air 1940 madras 530 (varada bhaktavatsaladu and another vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... i have given careful consideration to the rival submissions of the learned counsel appearing for the parties, with their able assistance perused the averments in the application, annexures thereto, written statement filed by the respondent in the suit and also say filed to the application which was filed for withdrawal of the suit with further prayer to institute a fresh suit for same cause of action. ..... (2) an application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person. ..... it is further submitted that, in view of the provisions of sub rule (3)(b) of rule (1) of order 23 of the code of civil procedure, where the court is satisfied that, if there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may, on such term as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject matter of such suit or such part of the claim. ..... 1940 bom. .....
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