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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: mumbai nagpur Year: 2011 Page 1 of about 26 results (0.018 seconds)

Jun 20 2011 (HC)

Anandt Hiraman Ghatole Vs. Sau. Nirmala Dinesh Hazara and ors.

Court : Mumbai Nagpur

Decided on : Jun-20-2011

..... important documents, like passport and that she had recorded her statement before panvel police. therefore, it is submitted that a process ought not to have been issued and the complaint case ought to be quashed. the respondent no1, however, submitted that the learned magistrate ..... and accused nos. 2 and 3 along with their relatives and cronies are making phone calls at the house of the complainant with a view to blackmail her. thus, the police authority was informed by communication dated 10.2.2009 before the private complaint was lodged on 23rd february, 2009. it also appears alleged that the complainant had issued notices to ..... jmfc abruptly without satisfying himself judiciously, issued the process against respondents 2 and 3 although marriage between anant ghatole and respondent no.1 nirmala hazara was solemnized under special marriage act, 1954 and a certificate to that effect was issued which can be considered as prima facie evidence. according to respondents 2 and 3 the complainant's name also figured in ..... 9th may 2007 at nagpur in respect of which the complaint was lodged with panvel police and the case is pending in the court of jmfc, panvel with reference to prevention of domestic violence act. the complainant had also entered into the correspondence with the superintendent of police, chandrapur and in communication dated 10.2.2009 informed about the alleged offences against her .....

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Oct 13 2011 (HC)

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

Decided on : Oct-13-2011

..... hence, in the light of discussion undertaken by us, it cannot be said that it lays down any binding law in this respect. the judgment of d.r.a.t. calcutta 2007[1] bankers law journal ---156 (bank of india .vrs. chotanagpur graphic industries and others.) also does not call for any discussion. air 2007 allahabad 116 (naseem banoo .vrs. ..... legislature has passed the enactment. in union of india vs. delhi high court bar association reported in air 2002 sc 1479 the apex court upholding constitutional validity of the rddbfi act observed thus : "the very purpose of establishing the tribunal being to expedite the disposal of the applications filed by the banks and financial institutions for realisation of money, the ..... has willfully or consciously omitted to incorporate the enabling provision of condoning the delay to prefer appeal within prescribed period (unlike in proviso to section 20(3) of the act of the discretion enabling the drat to entertain appeal beyond prescribed period of statutorily prescribed limitation of 45 days) by not making provision analogous to section 5 of the limitation ..... -consuming normal litigation process when their funds have been blocked in the unproductive assets. speedy recovery of such assets is critical for the successful implementation of financial reforms. the act by setting up of the special tribunals with special powers for adjudication of such matters and speedy recovery aimed at the successful implementation of the financial sector reforms. an urgent .....

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Aug 23 2011 (HC)

Yawalkar Pesticides Pvt .Ltd. Vs. Nagpur Municipal Corporation and anr ...

Court : Mumbai Nagpur

Decided on : Aug-23-2011

..... notification. (8) a notification of the imposition of a tax under this section shall be conclusive evidence that the tax has been imposed in accordance with the provisions of this act." 7. the government of maharashtra have framed the octroi rules for the assessment, collection and refund of the cess (octroi duty) imposed under section 114 (1) clause (e) of ..... cess by the corporation. sub-section (3) of section 114 is also relevant. it reads as under: "114. (1) ... ... ... ... (2) ...................... (3) the state government may, by rules made under this act, regulate the imposition, assessment and collection of taxes under this section and specify maximum amounts of rates for any tax and for preventing evasion of assessment and payment of taxes ..... claim for the recovery of an illegally collected tax, the court might hesitate to construe a provision giving finality to the orders passed by the tribunals specially created by the act as creating an absolute bar to the suit and if such a construction was not reasonably possible, the court would be called upon to examine the constitutionality excluding the ..... for the petitioner to make an appropriate application to the competent authority on the question of refund. learned advocate for the respondent/corporation submitted that under section 387 of the act an aggrieved person has an opportunity to seek redress by appealing to any corporation officer duly appointed to hear such appeals or by moving before the municipal commissioner. he .....

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Jun 27 2011 (HC)

Deepak Prabhakarrao Chondekar and ors. Vs. State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jun-27-2011

..... the allegations 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; (c) where ..... commit suicide, or secondly, had engaged with some other person in a conspiracy, and lastly, that the accused had in any way aided in any act or illegal omission to bring about the suicide. the intention of the accused to aid or to instigate or to abet the deceased to commit suicide is ..... no nexus between the so called suicide (if at all it is one for which also there is no material on record) and any of the alleged acts on the part of the appellant. there is no proximity either. in the prosecution under section 306, ipc, much more material is required. the courts ..... noted that the term 'abetment' means to instigate, urge forward, to provoke, to incite, or to encourage to do or to goad doing of an act. the materials collected in the charge-sheet do not spell out the accusation of abetment. suicide note alleges that the petitioners were revealing the information to journalists ..... urged that even if the version of the prosecution is accepted as a gospel truth imputations made in suicide note can never be construed as an act of abetment to the deceased for to commit suicide or his extortion. it is absolutely illogical to say that the subordinate officer lower in authority would .....

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Jul 28 2011 (HC)

Pundlik S/O. Tanbaji Nikhare Vs. the State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jul-28-2011

..... report, it was concluded that the offence of negligence was not made out. therefore, the fir was not registered against the present applicant. same police officer, while filing additional reply on behalf of the respondent/state of maharashtra, on 29.1.2010, submitted that investigation is in progress in view of ..... secretary of adiwasi ashram shala, pandhrabodi, tq. and distt. gondia. in the said writ petition, the investigating officer dilip bapuraoji kundojwar, p.s.i. from police station, gondia sworn in an affidavit dt.13/14th january, 2010 in which, in para 5 thereof, it was averred that, after holding enquiry of merg ..... the applicant has committed any rash or negligent act which is culpable under the penal law so as to amount an offence punishable u/s. 304-a of the indian penal code. 7. the learned ..... that, for to establish commission of the offence punishable u/s.304-a of the indian penal code, there has to be a rash and negligent act which results into or which causes death of any person. looking into the material collected during investigation and pointed out to me, one cannot say that ..... in air 1999 sc 2115, in which the apex court observed that the allegations did not disclose even prima facie the case of rash or negligent act on the part of the accused so as to attract the penal provision u/s. 304-a of the indian penal code. considering the admitted facts .....

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Jul 28 2011 (HC)

Madhukar Alias Babanrao S/O Ganpat Original Sabnis Vs. Smt. Kantabai W ...

Court : Mumbai Nagpur

Decided on : Jul-28-2011

..... it will have to be held that exh.81 and 82 cannot be treated as valid acknowledgments within the meaning of section 18 of the limitation act for the purposes of treating the suit as the one within limitation. the substantial question of law, therefore, will have to be answered holding ..... the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the indian evidence act, 1872 (i of 1872), oral evidence of its contents shall not be received. explanation.- for the purposes of this section. - (a) an acknowledgment may ..... interpretation of the documents exh.81 and 82 since all earlier documents are of no relevance for determining the issue in question. section 18 of the limitation act reads thus. " 18. effect of acknowledgment in writing. - (1) where, before the expiration of the prescribed period for a suit or application in ..... on to argue that the transaction in question was money lending transaction and that would certainly be in contravention of the provisions of the money lending act, which cannot be enforced by a court of law. invoking section 103 of the code of civil procedure, he argued that high court has ..... signed by the appellant, the courts below could not have taken them into consideration as acknowledgments within the meaning of the provisions of the limitation act in order to extend the limitation. the learned counsel then went on to argue that the documents exh.81 and 82 show that the alleged .....

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Aug 10 2011 (HC)

Bhaskar S/O. Haribhau Gotephode Vs. the State of Maharashtra and anr.

Court : Mumbai Nagpur

Decided on : Aug-10-2011

..... 482 of the code of criminal procedure cannot be used for to scuttle the investigation when it is at the crucial stage as also to prevent investigation by the police. they have to take it to its logical conclusion of filing report to the magistrate concerned either u/s. 169 or 173 of the code of criminal procedure ..... and respondent no.2 and respondent no.2 had cut down "gulmohar tree" in the school premises and had carried wood by bullockcart. therefore, the applicant approached the police patil, who seized the wood and the bullockcart under panchanama dt.23.1.2011 at about 11.00 a.m. it is further case of the applicant that f ..... for all these reasons, i am not inclined to interfere with the f.i.r. registered under crime no.3011 of 2011, u/s. 3(1)(x) of the act r/w. sections 294 and 506 of the indian penal code. no case is made out for interference to grant the prayer as made by the applicant herein. hence, ..... brahmapuri police station, which was about 15 kms. away from the outpost, at about 4.20 p.m. on 24.1. ..... .00 a.m., when the incident occured and the report was lodged in respect of the incident at police outpost, mendhki on 23.1.2011 at about 1.10 p.m. by respondent no.2. this was the complaint under the act in question, which was inquired into and pursuant to the inquiry, f.i.r. was registered at .....

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Jan 06 2011 (HC)

Amol S/O Late Bhalchandra Joshi and ors. Vs. Deorao S/O Santoshrao Bho ...

Court : Mumbai Nagpur

Decided on : Jan-06-2011

..... district in which, and if they have been executed on or after the date on which, act xvi of 1964, 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,--(b) other non-testamentary instruments which purport or operate to ..... on the ground that the assignment does not of itself create an interest in immovable property. neither the bombay ruling nor the allahabad and calcutta rulings are directly in point so far as the present appeal is concerned, since they relate to assignments of mortgage decrees and not to assignment ..... and he cannot again be held liable to the transferee" ..."the supreme court has clearly expressed its agreement with the aforesaid observations made by the calcutta high court. in view of this, it has to be held that if there is an assignment pending proceeding in execution, taken by the decree- ..... decree creating or declaring rights to or in immovable property exceeding rs.100 in value was compulsorily registrable under s.17(1) (b). the calcutta and allahabad high courts said registration was not necessary because the assignment was not of any immovable property but of the decree itself and the ..... supreme court shows that there is reference not only to the deed at exhibit 178, but also the alleged fraudulent nature of it. the police complaint dated 7-11-1994 at exhibit 216 on record also substantiates the fact of knowledge. at any rate, this fact was pointed out .....

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Jan 06 2011 (HC)

Amol S/O Late Bhalchandra Joshi and ors.Vs. Deorao S/O Santoshrao Bhon ...

Court : Mumbai Nagpur

Decided on : Jan-06-2011

..... district in which, and if they have been executed on or after the date on which, act xvi of 1964, 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,--(b) other non-testamentary instruments which purport or operate to ..... on the ground that the assignment does not of itself create an interest in immovable property. neither the bombay ruling nor the allahabad and calcutta rulings are directly in point so far as the present appeal is concerned, since they relate to assignments of mortgage decrees and not to assignment ..... and he cannot again be held liable to the transferee" ..."the supreme court has clearly expressed its agreement with the aforesaid observations made by the calcutta high court. in view of this, it has to be held that if there is an assignment pending proceeding in execution, taken by the decree- ..... decree creating or declaring rights to or in immovable property exceeding rs.100 in value was compulsorily registrable under s.17(1) (b). the calcutta and allahabad high courts said registration was not necessary because the assignment was not of any immovable property but of the decree itself and the ..... supreme court shows that there is reference not only to the deed at exhibit 178, but also the alleged fraudulent nature of it. the police complaint dated 7-11-1994 at exhibit 216 on record also substantiates the fact of knowledge. at any rate, this fact was pointed out .....

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May 06 2011 (HC)

R.B. Shreeram Religious and Charitable Trust and ors. Vs. the Nagpur I ...

Court : Mumbai Nagpur

Decided on : May-06-2011

..... by them of the property belonging to n.i.t. by getting minor modification done under section 37 of the maharashtra regional & town planning act directly from the state government. it appears that the government referred the matter to n.i.t. which passed a resolution on 17.10.2007 ..... 25. it is an admitted fact that the appellants had directly applied to the state government under section 37 of the maharashtra regional & town planning act, 1966 for changing the use of plot from public purpose to commercial purpose vide application dated 15.1.2007. this clearly shows that on the ..... or allow to be used the premises of the demised land in contravention of the regulation framed under section 90 of the nagpur improvement trust act, 1936 and development control rules. (l) the lessee as also the assignee and the mortgagee shall within one month of assignment mortgage or transfer ..... gets right under the terms and conditions of the original allotment order, its regulations, the land disposal rules and enabling power under n.i.t. act as authority under law, to take possession by giving appropriate notice in accordance with law. he relied on the following decisions. (i) akbar karimuddin malik ..... suit plot the revised plans have been submitted to the competent planning authority i.e. n.m.c. under the maharashtra regional & town planning act, 1966. there is enabling provision in favour of the appellants to apply for regularization of constructions made in excess or without prior sanction. the appellants .....

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