Court : Mumbai
Decided on : Jan-24-2011
..... u.k. the power to investigate crime is statutory. a notified officer is entitled to investigate an offence in accordance with the provisions of the criminal procedure code read with the police act or the manual, as the case may. the exercise of statutory power has to be lawful and free of malice or unfairness. the power must be exercised in good ..... of judicature at bombay(criminal appellate jurisdiction)criminal writ petition no.3143 of 2009mr.gyan chand verma703, redwood, marigold premiseskalyani nagar,pune 411 014...petitionerversus1) shri sudhakar b. pujarisenior police inspector,kole kalyan welfare andtraining centre, kalina.2) the state of maharashtra.3) the director generalanti corruption bureau,maharashtra,madhu industrial estate,pandurang budhkar marg,worli, mumbai...respondentsmr. ..... of inquiry and another[air 1989 sc 714]. the committee in that case decided to examine the conduct of the police officers including ms. kiran bedi and jinder singh as falling under section 8b of the commissions of inquiry act, 1952, and they were required to appear in the witness box for cross examination at the very inception of inquiry ..... identification parade of the accused or the articles of crime or recording dying declaration under section 32 of evidence act.15. the focal point of discussion from the above backdrop is as to whether the charge sheets including supplementary police reports are vitiated by the alleged mala fides on the part of either the informant or the investigating officer .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-2011
..... year 1989. it is not stated whether it is a legal entity in as much as whether it has been registered under any appropriate act. the petitioner claims that in this petition it seeks to expose senior police officers indulging in corruption during the course of conducting investigation and as the quality and standard of investigation is likely to be seriously jeopardized ..... , disturbing newspaper reports were published concerning corruption by the state cid officials of pune, which indicated that the commissioner of police, pune city and the then additional director general of police, state cid as well as his subordinates were indulging in such acts. the petitioner, therefore, collected newspaper reports about the illegal detention of shri sanjay ramchandra randive and shri thomas joseph tavares ..... an illegal visa extension case and brought him to pune. a case was registered at the chaturshrungi police station, pune, being c.r. no. 317 of 2004 under sections 466, 468, 471, 420, 120-b, 201 of ipc read with section 14 of the foreigners' act, 1946. the investigation of the said case was subsequently transferred to the state cid, headed by ..... and he was the investigating officer in c.r. no.317 of 2004 registered with the chaturshrungi police station for the offences punishable under sections 466, 468, 471, 420 and 120-b of i.p.c. read with section 14 of the foreigner's registration act, 1946. it has been pointed out that the said case was transferred to the c.i .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-16-2011
..... have been supplemented by fresh reasons in the shape of affidavits or otherwise cannot be taken into account considering the dictum of the apex court in the case ofcommissioner of police, bombay vs gordhandas bhanji[ (1952) scc 16 para 11], and in the case of mohinder singh gill v. chief election commissioner [ (1978) 1 scc 405 para 8 ]. ..... the school / management, by whatever name called, would tantamount to receiving capitation fee. as aforesaid, expression "usual expenditure" occurring in section 4(2)(b) is not defined in the act. term "usual" would mean ordinary or customary. the term "ordinary" would mean normal and expected, and "necessary" means appropriate and helpful. thus, the ordinary and necessary expenses or ..... of educational standards. the act intends to effectively curb the evil practices, and prohibit collection of capital fee in the public interest. the term "capitation fee" has been defined in section 2(a ..... students to, and their promotion to a higher standard or class in, the educational institutions in the state of maharashtra and to provide for matters connected therewith. this act was enacted because of the past experience of undesirable practice followed by the private educational institutions to large-scale commercialisation of education which was not conducive to the maintenance .....Tag this Judgment!
Court : Mumbai
Decided on : May-06-2011
..... he is a estate agent having his office in matunga. at the relevant time, he was proceeding towards v.t. station. that time police constable called him to act as a panch. when he visited the office of c.i.d., he was explained about the purpose for which he was called. ..... had a duty to protect people, particularly, women, children and helpless has betrayed the confidence reposed in him and brought bad name to the entire police force. according to him, the learned additional sessions judge committed error in not awarding sentence of imprisonment for life. as against this it is ..... facility of taking print-outs showing incoming and outgoing calls. the mobile no. 9224132263 is of tata mobile. after receipt of request letter from the police for seeking information of incoming and outgoing calls from the aforesaid mobile number, he arranged to take print-outs. in the court, he had produced ..... incomplete sexual intercourse." 21 initial cross-examination of pw-16 dr. chavan is centered around format to be used while recording findings, presence of lady police officers and obtaining consent of the victim and conversation with the victim. in cross-examination, pw-16 gave some far reaching admissions, which we would ..... 15.00 hours. prosecutrix and pw-2 pramod followed pw-3 sumit to the police chowky where they met the accused. the other 4 boys and 4 girls also joined them. alleging that they were involved in indecent acts, the accused asked all others to go away except prosecutrix and pw-2 pramod .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-2011
..... the finding that all the relevant materials including the statements recorded by the investigating officer had not been placed for consideration by the city commissioner of police, madras because only a report of the vigilance department was placed before him. the high court also came to the finding that although the personal ..... had authorised the prosecution of the appellant. the hierarchy in the department obtained by the appellant by filing a query under the right to information act which he has made available for my perusal, does not show that the under secretary was not authorised to issue sanction order. therefore, reliance ..... taken of what proportion of assets in excess of the known sources of income constitutes "disproportion" for purpose of section 5(1)(e) of the act. there can be no doubt about the proposition that merely because the assets are in excess of known sources of income, that in itself cannot ..... by order dated 2-11-1987 (exhibit-140) to investigate into the crime in exercise of powers under section 5-a(1) of the pc act, 1947, similar authorisation was not issued in the name of tyagi. therefore, he submitted that the entire investigation carried out by tyagi in jharkhand, ..... and she has been assessed by the income-tax department, it will not be proper to hold the accused guilty under the prevention of corruption act as his explanation appears to be plausible and justifiable. the burden is on the accused to offer plausible explanation and in the present case, he .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-2011
..... is stated that it was not open to the petitioner to directly approach this court. he should have followed the procedure prescribed under the code. he should have approached the police, the concerned magistrate and should have invoked this court's extra-ordinary jurisdiction as a last resort. the petitioner not having followed this course, the petition is not maintainable. ..... able to collect any evidence in the investigation so far conducted by it establishing the involvement of respondents 9 to 14 in the offences under the prevention of money laundering act. counsel submitted that investigation is, however, in progress. 12. mr. kadam, learned advocate general does not dispute the proposition that in an exceptional case this court can entertain ..... submitted three reports to this court. counsel drew our attention to the affidavit of mr. anil wasnik, assistant director of enforcement directorate. counsel submitted that prevention of money laundering act contains scheduled offences. criminal activity relating to a scheduled offence has to be identified. property of a person has to be connected with it for it to assume the ..... (ii) a direction be issued to respondents 1 to 7to register offences against respondents 9 to 14 under the relevant provisions of prevention of corruption act, 1988, prevention of money laundering act, 2002, income tax act and the indian penal code and to prosecute the same expeditiously. 3. on 10/6/2010, a division bench of this court directed the respondents .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-14-2011
..... and that is how the matter was remanded for a decision on that application in terms of section 466 of the companies act, 1956. the learned single judge of the calcutta high court made reference to earlier decisions of the said high court summarising the principles as under:"23 .... "therefore, from ..... ." 28 the learned judge also made reference to an earlier decision reported in the matter of east india cotton mills ltd reported in air 1949 calcutta 69 wherein it was held thus: "in the said case justice s.r.das (as his lordship then was) held as follows: "in ..... effects and actionable claims to which the company is or appears to be entitled. he has very wide powers including seeking assistance of the police for taking possession of the company's properties and effects. sub-section 2 of section 456 states that all the property and effects of ..... the applicants have stated in the affidavit in support that the company in liquidation is a public limited company incorporated and registered under the companies act vi of 1882 of the legislative council of india. its shareholding and activities are set out and admittedly the company was operating composite textile ..... for winding up of the company. appeal preferred against the said order by rashtriya mill mazdoor sangh, a registered trade union the bombay industrial relations act, 1946 and also the representative and authorized union of the company before the appellate authority for industrial and financial reconstruction (aaifr) was also dismissed .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-27-2011
..... petitioner-society and mr. khambatta, learned additional solicitor general appearing for respondents 1 and 3. we have perused the affidavit-in- reply of mr. ravindra singh, addl. superintendent of police, cbi, dated 15/3/2011 and affidavit-in-rejoinder and additional affidavit of lt. (commander) (retd.) g.s grewal. we have also carefully perused the written submissions filed ..... is no connection between the said amount and the alleged offences 6. counsel further submitted that the petitioner-society is a society registered under the maharashtra co- operative societies act, 1960. it is a separate and legal entity. it is statutorily required to open bank account so as to discharge its financial commitments through its operation. it is ..... on which the judgment is pronounced: 27th july, 2011 judgment :- (per smt. ranjana desai, j.) 1. the petitioner is a society registered under the maharashtra co-operative societies act, 1960 (for convenience, "the petitioner-society"). respondent 1 is the union of india. respondent 2 is the state of maharashtra and respondent no.3 is the central bureau of ..... court of judicature at bombay criminal appellate jurisdiction criminal writ petition no.570 of 2011 adarsh co-operative housing ) society limited, a society ) registered under the maharashtra ) co-operative societies act, 1960, ) having its address at: cts no. ) 652, block vi, colaba division, ) captain prakash pethe marg, ) adjacent to backbay bus depot, ) colaba, mumbai - 400 005. ) ... petitioners .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-09-2011
..... , which read as under :- 268. the net result is that any confession or statement of a person under the tada act can be recorded either by a police officer not lower in rank than of a superintendent of police, in exercise of the powers conferred under section 15 or by a metropolitan magistrate or judicial magistrate or executive magistrate or special ..... traffic prevention act, 1956 under section 13, authorize only a police officer of a specified rank to investigate the offences under those specified acts. (5) the police officer if he is seeking the custody of any person for ..... ; (4) notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank of an assistant commissioner of police in the metropolitan cities and elsewhere of a deputy superintendent of police or a police officer of equivalent rank, should investigate any offence punishable under this act of 1987. this is necessary in view of the drastic provisions of this ..... act. more so when the prevention of corruption act, 1988 under section 17 and the immoral .....Tag this Judgment!