Court : Mumbai Aurangabad
..... ) although the accused had paid the entire due amount as per the settlement with the bank in the matter of recovery before the debts recovery tribunal, the accused was being proceeded with for commission of offences under section 120-b/420/467/468/471 of the indian penal code along with the bank officers who were being prosecuted under section 13(2) read with 13(1)(d) of prevention of corruption act. ..... in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under indian penal code or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. ..... no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the court. ..... in the event, the offence is not serious as like an offence of murder, rape, dacoity or under the prevention of corruption act or of similar nature, the compounding of offences is permissible. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the madras cooperative societies act, 1932 was also considered and the learned apex court concluded in paragraph no.8 of the judgment that it was similar in terms of section 61 of the andhra pradesh cooperative societies act. ..... discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages ..... 51 of the madras cooperative societies act, 1932, which was similar in ..... no suit shall be instituted against a cooperative society or any of its officers in respect of any act touching the business of the society until the expiration of three months next after notice in writing has been delivered to the registrar or left at his office stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint, shall contain a statement that such notice has been so delivered or left." 41. ..... the madras cooperative societies act being itself a special statute, the authority, acting under it, would have no jurisdiction beyond what the enactment .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a party seeks an interim relief asserting that there was a dispute liable to be arbitrated upon in terms of the act, and the opposite party disputes the existence of an arbitration agreement as defined in the act or raises a plea that the dispute involved was not covered by the arbitration clause, or that the court which was approached had no jurisdiction to pass any order in terms of section 9 of the act, that court has necessarily to decide whether it has jurisdiction, whether there is an arbitration agreement which is valid ..... the defendant to an action before a judicial authority raises the plea that there is an arbitration agreement and the subject matter of the claim is covered by the agreement and the plaintiff or the person who has approached the judicial authority for relief, disputes the same, the judicial authority, in the absence of any restriction in the act, has necessarily to decide whether, in fact, there is in existence a valid arbitration agreement and whether the dispute that is sought to be raised before it, is covered by the ..... by learned counsel for appellant company and they are as under: (i) that, the first application under section 9 of the act was filed in district court, aurangabad by jugalkishor in the year 2013 and so in view of the provisions of section 42 of the act all the subsequent proceedings ought to have been considered by district court, aurangabad. ..... the aforesaid point has the base of provision of section 69 of indian partnership act, 1932 which .....
Tag this Judgment!Court : Mumbai Aurangabad
..... may be given by the controller; (e) surrender the licence in the event of closure of business and/or cancellation of licence; (f) (i) present ..... under rule 8, which reads thus: 8 conditions of licence for repairer:- (1) the person in whose favour licence for repairs is issued, shall, - (a) comply with all the relevant provisions of the act and rules made thereunder for the time being in force; (b) not encourage or countenance any infringement of the provisions of the act or the rules made thereunder for the time being in force; (c) display in a conspicuous places licence issued or renewed under the act in the premises to which it relates: (d) comply with any general or special directions that ..... has the same meaning as under section 4 of the indian partnership act, 1932 (9 of 1932). .....
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