Court : Mumbai Goa
..... nothing observed in the judgment of the learned single judge of himachal pradesh in the case of sunil? ..... he relied upon the judgment of the apex court in the case of state of himachal pradesh vs. ..... he relied upon the judgment of himachal pradesh high court in case of sunil vs. ..... (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this act: provided that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording ..... - (1) the central government, after consultation with the state government, may, by notification published in the official gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence [or any other department of the central government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this act. ..... (air 2007 sc 2040), wherein the aspect of applicability of sections 42 and 43 of the ndps act has been discussed, were very material. .....
Tag this Judgment!Court : Mumbai Goa
..... relying upon section 25 of the indian evidence act it was contended by shri rajneesh naik, learned advocate for the accused, that the above statement was made by the accused while he was in the custody of the police and in the presence of the police and, therefore, the same is not admissible. ..... she has relied upon state of himachal pradesh vs. ..... pratap singh kankar has deposed that he was working as sub-divisional magistrate from october 2002 till 16/8/2006 and that on 10/3/2006, during the early morning hours, he received a phone call from sanguem police station stating that one gurudas gaonkar from haldikulem, netravali had reported that prema gaonkar was missing from 8/3/2006 from 10.00 hours and that on 9/3/2006 he had seen his wife hanging from kumbiya ..... that the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. ..... the report of analysis of the viscera prepared by andhra pradesh forensic science laboratories and of all the exhibits attached during investigation prepared by central forensic science laboratory, hyderabad (c.f.s.l. ..... the hon'ble apex court, in paragraph 14 of the judgment in wakkar and another versus state of uttar pradesh [(2011) 3 scc 306], has held so. .....
Tag this Judgment!Court : Mumbai Goa
..... therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. ..... he contended that even if the confession made before the doctor is not relied upon, then also, there is strong evidence in the form of eye witnesses against accused no.1, which has the support of medical evidence and evidence of the recovery of knife at the instance of the accused and further detection of human blood on the t-shirt of accused no. 1. ..... 1, instead of saying that the injuries were caused to him by the deceased and others in the scuffle, has stated that he was assaulted by the police upon his arrest. ..... it is pertinent to note that immediately on the same day, early in the morning, pw.1 lodged the report at vasco police station upon which the offence was registered on 18/6/2004 at 07.30 hours. ..... ryan menezes, learned counsel appointed under the legal aid scheme, submitted that the accused no.1 had himself sustained serious injuries and since there is no mention of injuries in the arrest panchanama and further since there is no explanation coming from the prosecution witnesses regarding the said injuries sustained by the accused no.1, it should be held that prosecution has not come out with the whole truth. ..... learned trial court has relied upon state of himchal pradesh vs. ..... state of goa , 2007 (1) bom. c.r. .....
Tag this Judgment!Court : Mumbai Goa
..... therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. ..... he contended that even if the confession made before the doctor is not relied upon, then also, there is strong evidence in the form of eye witnesses against accused no.1, which has the support of medical evidence and evidence of the recovery of knife at the instance of the accused and further detection of human blood on the t-shirt of accused no. 1. ..... 1, instead of saying that the injuries were caused to him by the deceased and others in the scuffle, has stated that he was assaulted by the police upon his arrest. ..... it is pertinent to note that immediately on the same day, early in the morning, pw.1 lodged the report at vasco police station upon which the offence was registered on 18/6/2004 at 07.30 hours. ..... ryan menezes, learned counsel appointed under the legal aid scheme, submitted that the accused no.1 had himself sustained serious injuries and since there is no mention of injuries in the arrest panchanama and further since there is no explanation coming from the prosecution witnesses regarding the said injuries sustained by the accused no.1, it should be held that prosecution has not come out with the whole truth. ..... learned trial court has relied upon state of himchal pradesh vs. ..... state of goa, 2007 (1) bom. c.r. .....
Tag this Judgment!Court : Mumbai Goa
..... only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been ..... there is no evidence on record to establish as to how and why the accused had come at ponda police station for getting arrested. ..... pw.12, sagar patyekar, the police driver, deposed that on 29/5/2009, he was told by p.s.i dalvi that they had to proceed for recovery panchanama in the evening at about 19.15 hours. ..... pw.12, shri sagar patyekar is a police driver who drove the jeep which was used during the recovery of key. ..... merely because the accused was arrested by the police on 16/5/2009, i.e. ..... patil, the then police inspector, of ponda police station to conduct the medical examination of two suspects , namely, naresh s/o. ..... he lodged report with the police which is at exhibit 10. ..... pw.9 forwarded the preserved materials to ponda police station along with forwarding note and prescribed form for onward dispatch to cfsl, hyderabad. ..... it is pertinent to note that initially even police were suspecting two persons namely one naresh borkar and the accused. 22. .....
Tag this Judgment!Court : Mumbai Goa
..... in the judgment reported in air 1993 hp 7 in the case of marian eva and another vs state of himachal pradesh. ..... thus:- conditions relating to solemnization of special marriages:-- notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: (a) neither party has a spouse living; 1[(b) neither party (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (ii) though capable of giving a valid consent, has been suffering from mental disorder ..... in view of the above, we pass the following;- order (i) the respondent no.2 is directed to examine the request of the petitioner of solemnizing the marriage under the special marriage act, in the light of the observations made herein above after complying all the provisions of the said act in accordance with law. .....
Tag this Judgment!Court : Mumbai Goa
..... it is true that occurrence of an accident having regard to the provisions contained in section 166 of the act is a sine qua non for entertaining a claim petition but that would not mean that despite evidence to the effect that death of the claimant's predecessor had taken place by reason of an accident caused by a motor vehicle, the same would be ignored only on the basis of a postmortem report vis-a-vis the averments made in a claim petition. 12. 13. 14. 15. ..... while dealing with a claim petition in terms of section 166 of the motor vehicles act, 1988, a tribunal stricto sensu is not bound by the pleadings of the parties; its function being to determine the amount of fair compensation in the event an accident has taken place by reason of negligence of that driver of a motor vehicle. ..... looking to the contents of the panchanama of the scene, it appears that initially, the scooter struck to the right rear wheel of the tanker and, consequently, the deceased fell down and because of the slope, she rolled and came under the right rear wheel and, therefore, she received the crush injury. 19. ..... as against this, it is the specific case of the claimants' that when the deceased was riding on the scooter and at the spot of the accident, the tanker gave a dash to the scooter due to which he fell down and came under the rear wheel of the tanker. 13. ..... himachal road transport corporation and ors. ..... on 23.02.2007, the deceased ujwala was riding on her activa scooter bearing no. .....
Tag this Judgment!Court : Mumbai Goa
..... it is true that occurrence of an accident having regard to the provisions contained in section 166 of the act is a sine qua non for entertaining a claim petition but that would not mean that despite evidence to the effect that death of the claimant's predecessor had taken place by reason of an accident caused by a motor vehicle, the same would be ignored only on the basis of a postmortem report vis-a-vis the averments made in a claim petition. 12. 13. 14. 15. ..... while dealing with a claim petition in terms of section 166 of the motor vehicles act, 1988, a tribunal stricto sensu is not bound by the pleadings of the parties; its function being to determine the amount of fair compensation in the event an accident has taken place by reason of negligence of that driver of a motor vehicle. ..... looking to the contents of the panchanama of the scene, it appears that initially, the scooter struck to the right rear wheel of the tanker and, consequently, the deceased fell down and because of the slope, she rolled and came under the right rear wheel and, therefore, she received the crush injury. 19. ..... as against this, it is the specific case of the claimants' that when the deceased was riding on the scooter and at the spot of the accident, the tanker gave a dash to the scooter due to which he fell down and came under the rear wheel of the tanker. 13. ..... himachal road transport corporation and ors. ..... on 23.02.2007, the deceased ujwala was riding on her activa scooter bearing no. .....
Tag this Judgment!Court : Mumbai Goa
..... proceedings under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner, the expenses of the proceeding, and monthly, during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: provided that the application for the payment of the expenses of the proceeding and such ..... saroj hegde , 140 (2007) dlt 16, which are: status of the parties; reasonable wants of the claimant; the independent income and property of the claimant; the number of persons, the non-applicant has to maintain; the amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in matrimonial home; non-applicant's liabilities, if any; provisions for food, clothing, shelter, education, medical attendance and treatment etc. ..... they got married to each other on 17/04/1998 according to hindu customary right, in agra, uttar pradesh and the marriage was thereafter registered before the sub- registrar at mapusa on 29/06/1998 under registration no.664/98. .....
Tag this Judgment!Court : Mumbai Goa
..... alia, observed as follows: 'the act not having prescribed any specific tests for determining what is 'one establishment', in considering the question whether a cement factory and the adjacent lime stone quarry supplying lime stone to it, are one establishment, one must fall back on such considerations as in the ordinary industrial or business sense determine the unity of an industrial establishment, having regard no doubt to the scheme and object of the industrial disputes act and other relevant provisions of the mines act, 1952, or the factories act, 1948. ..... even otherwise, in the affidavit-in-evidence filed in both the case, aw1, the partner of the appellant has stated that business of the appellant was covered under the act initially since the time the esi act was introduced in goa because the number of employees employed by the appellant exceeded 20. ..... therefore, the finding of the esi court, to the effect that the contentions of the appellant that the employees of the unit cannot be clubbed for the purpose of determining the coverage cannot be accepted, is not perverse and is based on the evidence on record and the settled principles of law ..... was further held that even if each unit was an establishment having separate registration under the sales tax act, the shops and establishments act and the income tax act, all the units were interdependent and were supplementary and complementary to each other for the sake of their textile business. ..... hotel vijay, [2007(2) kar. l j 66] (ii) .....
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