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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: mumbai aurangabad Year: 2011 Page 2 of about 22 results (0.012 seconds)

Mar 14 2011 (HC)

Praful S/O Mulchand JaIn Vs. Abdul Sameer S/O Abdul Sajed and anr.

Court : Mumbai Aurangabad

Decided on : Mar-14-2011

..... criminal revision application filed by the petitioner before the learned 6th district & sessions judge on 6.8.2010 was barred by limitation, in view of article 131 of the limitation act. 14 besides that, it is explicitly clear from the impugned order dated 9.9.2010, passed by the learned 6th district & sessions judge thereby refusing the registration of said criminal ..... made in the afore said judicial pronouncements, cited by both the learned counsel for the parties carefully, at the out set, it is apparent that article 131 of the limitation act prescribes the limitation of 90 days for preferring the revision under the code of criminal procedure, from the date of order or sentence sought to be revised. keeping in mind ..... that the learned 6th district & sessions judge ignored the basic fact that the computation of limitation commences from the date of knowledge as provided under section 5 of the limitation act and passed the impugned order dated 9.9.2010 incorrectly, and therefore, the same deserves to be quashed.8 to substantiate the said contention shri deshpande, learned counsel for the ..... , the petitioner herein failed to comply with the requisitions contained in the said notice. hence, respondent no.1 filed complaint against the petitioner under section 138 of the negotiable instruments act bearing s.c.c. no. 1585 of 2009 in the court of judicial magistrate, first class, aurangabad.4 accordingly, the verification of the complainant was recorded by the learned judicial .....

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Mar 14 2011 (HC)

Shriram Munjaji Raut Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Mar-14-2011

oral :1 this appeal is directed against the judgment and order, dated 29.6.2007, rendered by the learned sessions judge, parbhani, in criminal miscellaneous application no. 18 of 2007, thereby punishing the appellant under section 344 of the code of criminal procedure, for giving false evidence in sessions trial no. 8 of 2006, and sentencing him to suffer rigorous imprisonment for three months and to pay fine of rs.500/, in default, rigorous imprisonment for seven days.2 the factual matrix, which gave rise for the present appeal, can be summarised as under :pursuant to the complaint lodged by the first informant, namely shrirang munjaji raut on 14.11.2005, due to death of meerabai i.e. daughter of the complainant, criminal law was set into motion and the first information report exh. 20 was lodged bearing c.r. no. 178 of 2005 in respect of offence punishable under section 306 r/w section 34 of the indian penal code and the accused persons thereunder were tried in sessions trial no. 8 of 2006 by the learned sessions judge, parbhani, and the said accused persons were acquitted for the offence punishable under sections 498a, 306 r/w 34 of the indian penal code.3 however, the show cause notice came to be issued to shrirang munjaji raut, who was prosecution witness no. 2, under section 344 of the code of criminal procedure for giving false evidence before the court, by the said learned sessions judge, parbhani, by the judgment and the order, dated 13.4.2007, since learned sessions .....

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Mar 09 2011 (HC)

Babasaheb S/O Raosaheb Malba Vs. Raosaheb S/O Dattatraya Bandgar and o ...

Court : Mumbai Aurangabad

Decided on : Mar-09-2011

..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....

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Jul 21 2011 (HC)

Gorakh Hilal Patil and anr. Vs. Parit Samaj Seva Mandal and anr.

Court : Mumbai Aurangabad

Decided on : Jul-21-2011

..... corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquit, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted." section 34, companies ..... be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this act. explanation:-- for the purposes of this section and section 8 the expression "member of a family" means a wife, husband, father, mother, son or unmarried daughter." . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36. societies ..... respectively on the cooperative society, registered company and the partnership firms. "6. conditions of registration (1) no society, other than a federal society, shall be registered under this act, unless it consists of at least ten persons or such highernumber of persons as the registrar may, having regard to the objects and economic viability of a society and development ..... of a legal entity is conferred respectively on the cooperative society, registered company and the partnership firms. in his submission, the provisions of section 6 of the societies registration act, 1806 also confers such status on a society only after its registration. an unregistered society or an association of persons is not conferred with the status of legal entity .....

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Sep 06 2011 (HC)

Rukhminibai Pratishthan Vs. Ravindra Deoram Patil and ors.

Court : Mumbai Aurangabad

Decided on : Sep-06-2011

..... is that the general law of limitation provided in limitation act (act 2 of 1963) stands excluded. the division bench, therefore, has rightly held that no limitation has been prescribed and it can be executed ..... and conclusive and not binding on the tribunal and section 9(1) of the maharashtra employees of private schools (conditions of service) regulation act has overriding effect as it opens with non obstante clause and the dispute relating to seniority list can also be considered by the tribunal as ..... in the contention. it is seen that the order of ejectment against the applicant has become final. section 21 of the mamalatdar's court act does not prescribe any limitation within which the order needs to be executed. in the absence of any specific limitation provided thereunder, necessary implication ..... deserves to be allowed. it is further submitted that the school tribunal has not properly appreciated the provisions of section 9 of the meps act while appreciating the contention of the petitioner that the appeal filed by the appellant is hopelessly time barred. the learned counsel further submitted that ..... the provisions of section 9(1) (a) and (b) & (2) of the meps act read, thus: "9. right of appeal to tribunal to employees of private schools: (1) notwithstanding anything contained in any law or contract for the time being in force, any employee in a private school,- (a) who is .....

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Feb 01 2011 (HC)

Abdul Sajed S/O Abdul Sattar Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Feb-01-2011

..... khan is involved in the process of execution of sale deeds and further for scanning documents as he is given the work by the government on contract.46. the applicant abdul sajed has admitted that the complainant did come to his house. in para 45 of his application, it is stated ..... khan by removing one copy of 7/12 extract and the copy of identity proof. therefore, the counsel for the complainant would submit that, the said act of the khalil khan is with connivance another accused mr. abdul sajed. the learned counsel further submitted that, when the complainant noticed that the bogus ..... and submitted that there is no question of any demand from the complainant as alleged in the complaint. it is further submitted that the fragmentation act is applicable in the corporation limit. he further submitted that all the sale deeds are bogus and the same are prepared on the basis of ..... the said communication was marked to the present applicant for raising point in corporation. the talathi of aurangabad issued communication under the r.t.i. act on 11.10.2010 stating that sandu dhondiba dube has no land in himayatbag, more particularly, in sur no.19/1. the learned counsel invited ..... 6.12.2010 and his intention is to protect the property of the government i.e. aurangabad municipal corporation. according to him, due to illegal acts of one sandu dhondiba dube and the complainant, he had filed several complaints / applications to several government authorities to take appropriate action against them. it .....

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Mar 03 2011 (HC)

The State of Maharashtra Vs. Tatyaba Bajirao Jadhav and ors.

Court : Mumbai Aurangabad

Decided on : Mar-03-2011

..... 323 of the indian penal code. therefore, he is liable to be convicted for the offence punishable under sec. 323 of i. p. code. the overt act attributed to sominath is concerned, there is evidence of p.w. 5 and p.w. 7 that he assaulted to the complainant. however, taking entire evidence ..... discrepancies in the version of prosecution witnesses. the trial court should not have ignored the overwhelming direct evidence in the nature of eye witnesses attributing overt act of the accused and medical evidence which corroborates to the version of the eye witnesses. the one of the reason given by the trial court that ..... concerned, the evidence of p.w. 7 corroborates with the evidence of p.w. 2/complainant. the evidence of p.w. 7 even about overt act attributed to the sominath also corroborates with the evidence of p.w. 2. therefore, so far accused babasaheb and accused sominath are concerned all the three ..... the evidence of p.w. 2/complainant. both the witnesses have specifically stated the presence of all four accused in the house of complainant. the specific overt act is attributed by both the witnesses to bhausaheb (a2) and sominath (a3). so far as presence of all four accused is concerned, both the witnesses ..... incident of beating as per deposition of bhau thorat he deposed that, bhausaheb and sominath beat him with lathi, however, this witness does not specify the act of the accused that, which of the accused had beaten him and the part of body on which he was beaten, whereas if the evidence of .....

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Aug 03 2011 (HC)

Prakash S/O Bala Dubele and anr. Vs. Janabai W/O Subhash Dubele

Court : Mumbai Aurangabad

Decided on : Aug-03-2011

..... decree for specific performance for restitution of conjugal rights, or for an injunction - (1) where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey ..... abundantly clear that that the court has jurisdiction to pass the order of detention in the civil prison, if the decree is for specific performance of contract, or for an injunction is not followed, in spite of having opportunity of obeying the decree, and judgment debtor has willfully failed to obey it ..... rule 32 of order xxi code of civil procedure, would explicitly make it clear that where the party against whom a decree for specific performance of contract, or for restitution of conjugal rights, or for an injunction has been passed, had opportunity of obeying the decree and has willfully failed to obey ..... of a decree for restitution of conjugal rights by the attachment of his property or, in the case of decree for the specific performance of a contract, or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both." 11. the ..... of the deponent in clear disregard to the judgment and decree of the trial court as well as well as the appellate court, and this act of the applicants amounts to contempt of court. it is further submitted that the contention of the applicants before this court that they will hand .....

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Sep 27 2011 (HC)

Mr. Dattaprasad Ramvilas Lakhotia and anr. Vs. the State of Maharashtr ...

Court : Mumbai Aurangabad

Decided on : Sep-27-2011

..... to perform the promise, or even otherwise, would be a civil wrong being breach of promise. this breach, ipso facto, would not amount to cheating, being a matter of civil contract. 16. we have perused the said judgments relied upon by the respondent. the general principle laid down therein is that the doors of criminal justice system ought not be throttled ..... 16. 3. learned advocate for the petitioner has argued in support of the application. the points pressed by him, are summarized as follows:- (i) the dispute/subject-matter of the contract is of purely civil nature. (ii) there is no element of cheating in the initial stage of the promise or representation. (iii) when a party fails to perform promise on ..... get loan liability transferred, it would be far fetching to be persuaded that sale by vendor after the date stipulated for payment, would amount to cheating. by any presumption, such act cannot be related back to the date of promise i.e. inception. 15. the intention to cheat has to be described to be existing at the very inception, which is ..... have sold out the assets of the firm to another party, falsely alleging failure to perform the promise in due time by the complainant. (vi) according to the complainant, the acts of applicants of suppression of fact of existence of third partner and sale of the property to another person amount to commission of offence of cheating, and hence, the complaint .....

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Mar 31 2011 (HC)

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

Decided on : Mar-31-2011

..... . observations in paragraph 27 also show that period of employment had all along been commensurate with the period of work undertaken by employer under respective contracts. the object behind granting temporary employment was, therefore, found to be bona fide and not actuated with any intention to deprive workman from benefits ..... logic in umadevi (3) case1 is based on article 14 of the constitution of india. though the industrial adjudicator can vary the terms of the contract of the employment, it cannot do something which is violative of article 14. if the case is one which is covered by the concept of ..... unlike a civil court, not fettered by the agreement between the parties. he is required to decide the matter not according to the agreement or contract between the parties but according to what, having regard to all circumstances he considers to be just and fair. in order that the workers get ..... industrial dispute. in order to be an industrial dispute, it is not necessary that the demand must be made or the relief claimed under a contract of employment. an industrial dispute also arises when employees seek higher scales of pay, reduction in hours of work or workload, share in the ..... definition of "industrial dispute" in the c. p. and berar industrial disputes settlement act is wider, but the essential feature of an "industrial dispute" is that it is not restricted to a claim under the contract or agreement of employment. it found it well settled that an industrial tribunal or authority .....

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