Court : Mumbai
Reported in : 2009CriLJ2075
..... in any case, according to the petitioner, in law a confessional statement recorded under section 164 of the code is a public document in terms of section 74 of the indian evidence act and, therefore, the petitioner is entitled to a certified copy of it under section 76 of the indian evidence act.in any case, in order to stop the character assassination of the petitioner by the media by publishing incorrect and untrue versions as the extracts of the confession so allegedly made by the petitioner, a copy thereof be given to the petitioner. ..... fall under section 74(1)(iii) of the indian evidence act, and if so, whether the accused will be entitled to copies of the same under section 76 of the evidence act, at any stage of investigation even before the filing of the charge sheet and whether there are any provisions in the criminal procedure code or any other law prohibiting the granting of copies at the stages mentioned above. 22. ..... (32)...the introduction of the amendment specifically providing for the grant of copies, should, on the principle of the cases cited above, be held as impliedly taking away the right of the person under section 76 of the evidence act. ..... in our view, the provisions of section 173(4) of the code of 1898 impliedly take away the right of an accused under section 76 of the indian evidence act, in as much as, the right of an accused is concerned to claim certified copy of his/her confessional statement recorded by the magistrate, before finning of charge sheet. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR225; (2008)110BOMLR3517
..... limited or the industrial reconstruction bank of india, or the banking service commission established under section 3 of the banking service commission act, 1975 or industrial reconstruction corporation of india limited; or a banking or an insurance ..... refinance and development corporation act, 1963, or the unit trust of india established under section 3 of the unit trust india act, 1963, or the food corporation of india established under section 3, or a board of management established for two or more contiguous states under section 16 of the food corporations act, 1964, or the international airports authority of india constituted under section 3 of the international airports authority of india act, 1971 or a regional rural bank established under section 3 of the regional rural banks act, 1976, or the export credit and guarantee corporation .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)MhLj97
..... the report to be sent to the magistrate under subsection (1) of section 157 requires that in each of the cases where the officer in charge of the police station decides to act under the two clauses of the proviso, he must state in his report his reasons for not fully complying with the requirements of subsection (1) and, in addition, in cases where he decided not to investigate on the ground mentioned in the second clause of the proviso, he is required to notify to the informant the fact that he will not investigate the case or cause it to be investigated....66. ..... samuel a full bench of the kerala high court ruled that, it can be stated as a general principle that it is not every piece of information however vague, indefinite and unauthenticated it may be that should be recorded as the first information for the sole reason that such information was the first, in point of time, to be received by the police regarding the commission of an offence. ..... state of kerala : 1973crilj185 ).61. ..... in state of kerala v. m.j. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3405; 2009(234)ELT224(Bom)
..... we further make it clear that this order is without prejudice to the rights and contentions of the respondents as well as of any other competent authority or department including the passport authority under the passport act for impounding of passport, if they are so entitled and choose to do so.15. ..... in view of the clear pronouncement by the supreme court holding the passports act to be a complete code in dealing with impounding of the passport, we have no iota of doubt that the respondent's act of impounding of the petitioner's passport is without authority of law. ..... bobade appearing for the petitioner has advanced the following contentions:a) that the authority carrying out investigation and/or inquiry under the foreign exchange management act and/or under the income tax act has no authority, in law, to impound the passport. ..... in the first place, it is contended that section 23 of the passports act itself provides that the provisions of foreign exchange regulation act and other enactments relating to foreigners and foreign exchange are in addition to and not in derogation of the provisions of the passports act. ..... e) the procedure adopted by the respondents for impounding the petitioner's passport being contrary to the express provisions of the passports act, the petitioner 's right under articles 19 an 21 of the constitution of india has been violated. 6. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ2530
..... direction;(iv) basic requirements of procedural fairness must be observed; it would hence be impermissible to adopt a technique such as writing the name of the person underneath the photograph which may lead to the identification of a wrong person as the assailant;(v) if a witness has furnished identifying features of the assailants during the course of the investigation, this could be confirmed by the investigating officer by showing the photographs of the suspect but the investigating officer should not first show a single photograph, but should show more than one photograph if available;(vi) showing ..... of action, the supreme court has held, is only for ensuring that the investigation is proceeding in the correct direction; would lend support to the identification in court and take the place of an identification parade; (iii) coupled with the circumstance that the appellant was last seen together with the deceased at delhi international airport on 12th february 2001 is the circumstance that the appellant has totally failed to explain facts which were within his special knowledge within the meaning of section 106 of the evidence act. ..... state of kerala : 2000crilj2467 and sahadevan v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR14; (2008)110BOMLR3445
..... before making such order, the board shall have regard, as far as possible, to the convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf, quay, stage, jetty or pier; provided further that if the board is not the conservator of the port, the board shall not itself make the order as aforesaid but shall require the conservator of the port, or other person exercising the rights, powers, and authorities of the conservator of the port, to make ..... storing or delivering goods brought within the board's premises; (c) carrying passengers by rail or by other means within the limits of the port or port approaches, subject to such restrictions and conditions as the central government may think fit to impose; (d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway administration under the indian railways act, 1890; and (e) piloting, ..... of expansion of port infrastructure and with an objective of efficient handling of sea borne traffic and particularly container traffic on account of increasing foreign and coastal trade and also for the purpose of improving the efficiency, productivity, quality of service and competency in port services, in or about august, 2004, a conscientious decision was taken to reinvite tenders for participation of private sector for construction of offshore container berth ..... kerala .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... before the commencement of the companies (second amendment) act, 2002, in the matter of the winding up of a company by the court shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals lie from any order or decision of the court in cases within its ordinary jurisdiction.but after the amendment the power which was being exercised under sections 397 and 398 of the act by learned single judge of the high court is being exercised by the clb under section 10e of the act. ..... the full bench of kerala high court has thus held that the right of further appeal as provided under section 5(ii) of the kerala high court act stands abrogated by section 100a of the civil procedure code w.e.f. ..... section 100a of the code of civil procedure, which was introduced by the amendment act, 1976, specifically bars any further appeal in such cases....10. ..... by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence of such words a letters patent appeal would not be barred. ..... however, section 100a was introduced for the first time by amending act 104 of 1976. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3392; 2009CriLJ446
..... the central government being of the opinion that having regard to the use of the controlled substances in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, in exercise of powers conferred by section 9a of the act has made the narcotic drugs and psychotropic substances (regulation of controlled substance) order, 1993, which has come into force w.e.f. ..... it was contended that the chemical analysers report is the basis to decide whether the substance seized during the raid falls under section 9a or not, which would determine whether the provisions of ndps act are attracted or not. ..... the concept of commercial quantity does not apply to controlled substance in view of the provisions relating to commercial quantity specially section 2(viia) and section 2(viid) of the act and the notification issued by the government specifying the small quantities and commercial quantities also shows that this concept is peculiar to narcotic drugs and psychotropic substances.29. ..... in this case from the material available before the court on 13.02.2008, it was clear that an offence had been committed under section 25 of the ndps act and the applicant was involved in the offence.21. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR194
..... the learned counsel for the defendants/appellants contended that as per the terms of the alleged contract, the sale deed was to be executed within six months from 17.7.1978 when the agreement was entered into and the last date for execution of sale deed was 17.1.1979 and the permission was to be obtained from both the authorities under the urban land ceiling act as well as tenancy act within the ..... that it was necessary for the competent authority to be satisfied that the permission could be granted under the provisions of section 63 of the tenancy act and the relevant rules and unless the purchasers appeared before that authority with necessary evidence, the competent authority could not come to the conclusion that the plaintiffs deserve that permission. ..... the defendants never approached the competent authorities under section 63 of the tenancy act and therefore, the question of even bearing the cost never arose nor it was the stand of the defendants that they could not approach the competent authority for that permission because the plaintiffs were not willing to bear ..... it may be noted that when the learned counsel for the defendants vehemently argued about the price escalation and the financial loss to which the defendants would be put to, the learned counsel for the plaintiffs/respondents after obtaining instructions from his clients made a statement that the plaintiffs are willing to deposit further ..... 1976, the suit was decreed and the plaintiff was directed to pay the balance .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ910; 2009(2)MhLj410
..... the relevant part of paragraph 11 reads thus:.thus, the law laid down by the division bench in the decision of ksl industries can be summarised as under:(a) the court dealing with a complaint under section 138 of the said act of 1881 has an option to take evidence of the witnesses on the side of the prosecution as well as evidence of the accused and the defence witnesses, if any, on affidavit. ..... in a case where a document is proved in accordance with evidence act but an objection is raised to the admissibility of the said document, as held by the apex court in the case of bipin panchal (supra), such document can be tentatively marked as an exhibit as objection to the admissibility can be decided at the stage of final hearing as contemplated in the decision of the case of bipin panchal (supra). ..... once a document has been marked as an exhibit in the case and the trial has proceeded all along on the footing that the document was an exhibit in the case and has been used by the parties in examination and cross-examination of their witnesses, section 36 of the stamp act comes into consideration. ..... 331 of 2008 has been filed for challenging the order dated 27th december, 2007 passed by the learned metropolitan magistrate by which an application made by the petitioner under section 145(2) of the negotiable instruments act, 1881 (hereinafter referred to as the said act) has been rejected. .....
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