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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: mumbai aurangabad Year: 2011 Page 1 of about 33 results (0.014 seconds)

Feb 04 2011 (HC)

Dr. Smt. Usha W/O Dhondiram Sarwade Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Feb-04-2011

..... appellant accused has stated in her statement recorded under section 313 of cr.p.c. that on 3.2.1996 the complainant came with letter of police of police station deogaon rangari at 9.30 p.m. and requested her to give certificate of his father showing the injuries more than the actual injuries on ..... "q no. 100. why the complainant deelip shelar gave evidence against you?ans: on 3.2.1996 he came to me with the letter of police of police station, deogaon rangari at 9.30 p.m. and requested me to give certificate of his father showing injuries more than the actual injuries on his person ..... alongwith his parents on 3.2.1996 was assaulted by one parbhat dapke and his children. after assault, he lodged a complaint in deogaon rangari police station. the police referred him and his father to the medical officer for treatment in government college and hospital aurangabad and for injury certificate. he, as well as his ..... witness from which corroboration could be found of the evidence given by the prosecution witnesses.35 yet in another case in the case of state inspector of police vishakhapatnam (supra), the hon'ble supreme court held that when authority of person to carry out investigation is questioned on the ground that he did not ..... went to acb office to act as panchas. p.w.7 told them in detail about what they are supposed to do and they prepared for trap. he has narrated details about what was happened in the office of acb. he further stated that all of them went in police jeep at about 6.45 .....

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Sep 12 2011 (HC)

Rafia Sultana D/O Iqbal Ahemed Khan Vs. Mohd. Osman S/O Mohd. Ismail a ...

Court : Mumbai Aurangabad

Decided on : Sep-12-2011

..... is stated that she had taken steps for compliance of the order passed by this court on 11.07.2011. she formed two squads consisting of police inspector, police sub inspector and other ten police personal and specific directions were given to the squads established for the purpose of execution of non bailable warrant that they should take all efforts and arrest ..... but derived only from articles 129 and 215. therefore the constitutionally vested right cannot be either abridged, abrogated or cut down, by any legislation including the contempt of courts act. therefore, the submission of the contemnor that the impugned order is vitiated on the ground of procedural irregularities and that article 215 is to be read in conjunction with ..... ". 56. according to black's law dictionary, (8th edition)- "wilful" means "[v]oluntary and intentional, but not necessarily malicious" and "wilfulness" means "1. the fact or quality of acting purposely or by design; deliberateness;intention; willfulness does not necessarily imply malice, but it involves more than just knowledge. 2. the voluntary, intentional violation or disregard of a known legal ..... 06.2011 in this court. 30. in the present contempt proceedings, this court is mainly concerned with maintaining the majesty of law and public confidence in judiciary. if the act of the respondent/ alleged contemnor to file undertaking and then to breach it and further to file affidavits before this court, thereby giving assurance to disburse the unpaid salary .....

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Jul 12 2011 (HC)

Bayaji Kisan Andhale and anr. Vs. the State of Mah and ors

Court : Mumbai Aurangabad

Decided on : Jul-12-2011

..... report bearing crime no.i-456/2010, dated 16.12.2010, registered under section 420 r/w/ 34 of indian penal code, registered at pathardi police station, district ahmednagar, be quashed and set aside. after filing present application, interim relief was granted by this court and the prosecution, the subject ..... frivolous or vexatious, in that event there would be no jurisdiction for interference by the high court. when an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. it is the material collected during the ..... in the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. ( ..... proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in ..... the code or the act concerned, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fides and .....

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Jan 12 2011 (HC)

Dr. Sau. Suryakanta Ramesh Ajmera Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Jan-12-2011

..... 4) where the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code;(5) where the allegations made in the fir or ..... the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investi- gation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code;(3) ..... l.j.368 ( pradnya pradeep kenkare and another v. state of maharashtra) and 2008(1) bom.c.r. (cri.) 417 ( sarita shyam dake v. sr.police inspector and anr). learned counsel also placed reliance to the judgment of this court reported in 2010 all mr (cri) 821) (ranjit rajaram hande v. state of ..... matter of v.p.shetty, chairman of industrial development bank of india ltd. v. sr.inspector of police ( 2005(2) bom.c.r.(cri.) 89). considering that the allegations in the complaint related to the acts by the accused in the close cabin of the accused and, in the absence of any stranger, ..... crime no.06/2010, registered with deopur police station, dist. dhule, dt. 12.4.2010, under section 3(1)(x) of scheduled castes and scheduled tribes ( prevention of atrocities) act, 1989 ( hereinafter referred to as sc and st act ) and under section 7 of the protection of civil rights act, under sections 504, 506 of ipc, .....

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Feb 28 2011 (HC)

Sanjaykumar S/O Kishanlal JaIn Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Feb-28-2011

..... for the business of boot polish belonging to suklal ahire, caused him damage of more than rs.50/.the witnesses present there separated the incident. the complainant then approached the police outpost of village khapar and lodged complaint exh. 26. on basis of said complaint, offence came to be registered under sections 3(1) (x) of the scheduled castes and the ..... scheduled tribes (prevention of atrocities) act, 1989 and under sections 323,324, 504, and 427 read with section 34 of the indian penal code, against the accused. the injured came to be referred to the medical ..... court of the learned j.m.f.c. at taloda.4. the offence punishable under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 being exclusively triable by the special judge, the learned j.m.f.c. taloda, committed the case to the court of the special judge at dhule. after establishment of .....

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May 05 2011 (HC)

Gayabai Hemlal Jadhav Vs. Hiraman S/O Rama Chavan

Court : Mumbai Aurangabad

Decided on : May-05-2011

..... is situate in a district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:- (a) ..... ..... ..... ..... ..... ..... ..... (b) other non-testamentary instruments which purport or operate to ..... b.saha and sons private limited v. development consultant limited, (2008) 8 scc 564, this court noticed the following statement of mulla in his indian registration act, 7th edition, at page 189: "......the high courts of calcutta, bombay, allahabad, madras, patna, lahore, assam, nagpur, pepsu, rajasthan, orissa, rangoon and jammu and kashmir; the form chief court of oudh; the ..... as to include every document, by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded. section 2 (l) of the bombay stamp act, 1958, defines the "instrument" as: 2(l) "instrument" includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or ..... of the bombay stamp act, 1958, relates to examination and impounding of the instruments. 33 examination and impounding of instruments - (1) [subject to the provisions of section 32-a, every person] having by law or consent of parties authority to receive evidence and every person in charge of a public office, except an officer of police [or any other .....

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Sep 15 2011 (HC)

Purushottam S/O Govindrao Bhagwat Vs. the State of Maharashtra and ors ...

Court : Mumbai Aurangabad

Decided on : Sep-15-2011

..... (referred to inshah bhojraj kuverji oil mills and ginning factory v. subhash chandra yograj sinha (air1961 sc 1596) andcalcutta tramways co.ltd. v. corporation of calcutta (air1965 sc 1728); when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section ..... such transfers was found necessary. with that purpose, to suppress the mischief of an unguided, un- channalized power to transfer the government servants, the said act was enacted. the remedy provided was to regulate the transfers in accordance with the said enactment. 13] it can clearly be seen that the said enactment ..... or enlarging of the common law) four things are to be discerned and considered: 1st - what was the common law before the making of the act. 2nd - what was the mischief and defect for which the common law did not provide. 3rd - what remedy the parliament hath resolved and appointed ..... /s prasanna & another (air 2010 supreme court, 2777). 10] applying these principles, we will have to consider the provisions of section 4 of the act. sub-section (1) emphatically provides that no government servant shall ordinarily be transferred unless he has completed his tenure of posting as provided in section 3. ..... to a post, which is vacant, it will be governed by clause (i) of proviso to sub-section (4) of section 4 of the act and, therefore, no special reasons are required to be recorded. shri a.s. deshpande, the learned counsel appearing on behalf of the respondent no.3 .....

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Feb 23 2011 (HC)

Manohar S/O Ravan Kamble Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Feb-23-2011

..... relevant time), p.w.4 pramod annasaheb mane, joint chief executive officer, m.i.d.c., mumbai, p.w.5 somnath s/o eknath jagtap, police inspector, investigating officer. after trial, the accused no.1 - present appellant came to be convicted as aforesaid and the accused no.2 was acquitted of the ..... violet lamp. the documents were recovered from accused no.1 and a detailed panchanama was drawn. dy. s.p. mr. jagtap went to gangapur police station where he lodged complaint on behalf of the state bearing crime no.14/1993. then the raiding party arrived at aurangabad where unsealing panchama of ..... the honourable supreme court held that the demand of illegal gratification is sine qua non for constitution of an offence under the provisions of prevention of corruption act. for arriving at conclusion as to whether all ingredients of illegal gratification viz. demand, acceptance and recovery have been satisfied or not, facts and ..... absence of a proof of demand, the question of raising the presumption would not arise. section 20 of the prevention of corruption act, 1988 provides for raising of a ..... sections 7 and 13(1)(a) and (b) of the act, the legislature has specifically used the word `accepts' or `obtains'.yet, in case of v. venkata subbarao v. state represented by inspector of police, a.p. (2007 cri.l.j. 754), the honourable supreme court held in para 24 that in the .....

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Jun 29 2011 (HC)

Mahavirchand S/O Suganchand Deoda and anr. Vs. Ashaykumar S/O Bhavarsi ...

Court : Mumbai Aurangabad

Decided on : Jun-29-2011

..... have been deposited. it is noted in the order passed by the arbitral tribunal that the directions are issued under section 17 of the arbitration and conciliation act, 1996. 6 shri soman, learned counsel appearing for appellants, vehemently contended that the directions issued by the arbitral tribunal are not in consonance with section 17 ..... 2007 at about 11.00 a.m. however, the respondent nos.1 & 2 had already called the policemen. with the help of police the respondents were not allowed to seat in the shop and have the inventory of the stock. the policemen took the claim and his father to the ..... . sumangal services pvt. ltd., reported in air 2004 sc 1344. the question raised before the apex court related to an award passed under arbitration act, 1940. the ancillary question of issuance of directions by way of an interim measure had fallen for consideration before the apex court. the apex court, while ..... for determining the issues pending before the tribunal and the tribunal is within its bound in issuing such directions, which are contemplated by section 26 of the act.9 shri soman, learned counsel appearing for appellants, has invited my attention to a judgment in the matter of m.d. army welfare housing organisation v ..... police station krantichowk, aurangabad where they were issued notice u/sec.149 of cr.p.code saying that the respondent no.2 has filed an .....

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Oct 14 2011 (HC)

Devrao S/O Kisan Lad and ors. Vs. the District Collector and ors.

Court : Mumbai Aurangabad

Decided on : Oct-14-2011

..... the additional commissioner did not agree with the same and the high power committee accepted the recommendation of the zilla gaurav samiti. the commission observed that the report of the police inspector, ambajogai that out of 60 names given in the list, only 27 persons find their names in the warrant which strengthened the doubt about the genuineness of the warrant ..... claims of the petitioners that they were freedom fighters. the state government as per the direction, merely issued a government resolution to that effect. therefore, the provisions of the act were not applicable in the present case. further, though the apex court did not issue any guidelines as to which procedure should be adopted by justice palkar commission, the commission ..... at the one and same place in order to avoid repetition. [d] nature of enquiry by justice palkar commission : 17. as regards the applicability of the commission of enquiry act, mr. v.j. dixit, learned senior counsel has advanced argument on behalf of the petitioners. he submitted that since the supreme court has directed for appointment of a commission, ..... supreme court had directed that justice a.b. palkar shall make enquiry, the directions were issued under the plenary jurisdiction of the supreme court and therefore, the provisions of the act, were not applicable.(ii) appropriate opportunity of hearing was given to the petitioners by justice palkar commission. (iii) evidence on record was properly appreciated and upon hearing, the findings .....

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