Court : Mumbai
Decided on : Jan-06-1986
Reported in : 1986(2)BomCR464
..... her case. it is then brought on record that one of the accused was suffering from veneral disease as was apparent from the medical evidence. the medical officer has accepted that if such a person has a seminal discharge then the victim would also show a corresponding symptoms of such a ..... in sessions case no. 136 of 1981 before the learned additional sessions judge, greater bombay, for an offence under section 376 simpliciter as also section 376 read with section 34 and or section 114 of the penal code on the allegations that all the five of them committed rape on the said prosecutrix on ..... while these accused went to the opposite direction. the learned trial judge has rightly observed that the entire story, as narrated, does not inspire enough degree of confidence.12. the matter, however, does not rest there inasmuch as there are some positive elements, which obviously tend to destroy the prosecution case ..... the reasons over again. a few aspects, however, may be restated.8. in the first instance, the girl's testimony does not inspire sufficient degree of confidence in view of obvious deficiencies and infirmities attached to that evidence. a few of such deficiencies can be catalogued. the first is that ..... taken to the terrace and thereafter to the kitchen. accused no. 1 forced her down on the floor and committed the act. then was the turn of accused no. 2. during all this time even on her own admission she was vigorously resisting and protesting and physically trying to shift her position .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-11-1986
Reported in : 1986(2)BomCR451
..... 373 read with s. 34, i.p.c. he also ordered that a separate case should be put up against the accused nos. 1 and 2 for the offences under sections 5 and 6 of the act.5. feeling aggrieved by the order passed by the learned metropolitan magistrate, the state has preferred this revision application.6. the learned public prosecutor submits that ..... the girl was 18-19. the learned public prosecutor has placed on record the copies of the documents filed along with the charge-sheet. these documents contain copies of medical certificates. the medical certificate in respect of saroja records her age at 18-19 years and the certificate in respect of banu records her age at 16-17. the evidence regarding the ..... age recorded in the medical certificates is on the basis of the ossification test. it is at the stage of the trial on considering the overall evidence that the trial metropolitan magistrate will have to ..... . the learned metropolitan magistrate travelled beyond his powers under s. 209, cr.p.c. in probing into the final aspects of the case and merely on the basis of the medical certificate in respect of one of the girls, observing in his order that the prosecution had no evidence to show that the girls were within the age of 18 years .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : May-30-1986
Reported in : (1986)18ITD226(Mum.)
..... were dealing with the assessability to capital gains of sale of ornaments in the financial year 1972-73 in view of amendment of section 2(14)(ii) of the act made effective from 1-4-1973 by including jewellery in the definition of 'capital assets'. question before the court was whether the said amendment governed the assessment year 1973-74. following karimtharuvi tea estate ltd ..... evasions for continuance of the mischief and to add force and life to the cure and remedy, according to the true intent of the makers of the act. thus, to hold that reimbursement of medical expenses would neither be covered under 'salary' nor under 'perquisite' would be to defeat the purpose of the legislation.53. maxwell on interpretation of statutes under the ..... '.61. we are, therefore, of the view that the reimbursement of medical expenses being a cash payment by the employer to the employee would fall under 'salary' in view of the very wide and inclusive definition of 'salary' as per section 17(1) which is adopted by clause (a) of explanation 2 to section 40a(5), in contradistinction to only five enumerated categories being covered ..... it is an expenditure which results directly or indirectly in the provision of 'remuneration or benefit or amenity' to a director.67. thus, both under section 40a(5) as well as under section 40(c), reimbursement of medical expenses by the employer company to the employee would form part of the remuneration of the employee and in case of a director, any payment .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-09-1986
Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191
..... under article 234 of the constitution for being eligible to enter the judicial service in the state. sub-section (2) of section 9 was amended by maharashtra act no. xlvii of 1977 dated october 24, 1977. the amended sub-section reads thus :'a person shall not be qualified for appointment as the presiding officer of a labour court ..... courts was understood and regarded in its ordinary meaning of its accepted normal connotation, namely, an adjudication body which performed the judicial function of rending definitive judgments having finality and authoritativeness to bind the parties litigating their right before it and that too in exercise of the sovereign judicial power transferred to ..... to, or in any industrial court, tribunal or labour court constituted under any law for the time being in force; or.(c) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that ..... that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that ..... subordinate thereto, or any industrial court or tribunal or labour court, constituted under any law for the time being in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-06-1986
Reported in : AIR1986Bom268; 1986MhLJ216
..... hence no magic in saying that merely because this phrase 'total number of councilors' is defined in section 2(49) of the municipalities act, it must be given a different meaning because there is no such definition included in the zilla parishads act. the definition in section 2 (49) of the municipalities act is, as submitted by mr. bobde, the learned counsel for the petitioner, to crystallise a concept ..... of councilors' in relation to a council, means the total number of the elected and the co-opted and nominated councilors, if any, of that council;to analyse, the definition in section 2(49) speaks of the total number of elected, co-opted and nominated councilors. it would be inconceivable to think of a vacant seat being as co-opted or nominated. a ..... operative, and not dead, in the sense, where a no-confidence motion can never be passed. the definition of the phrase 'total number of councilors' as defined in sub-section (49) of section 2, of the municipalities act is clearly intended to advance the purpose of the act and not to freeze the same.11. what emanates from this discussion is that in computing two-thirds ..... was more than half, it should be rounded off to the next number. in support of this argument mr. bobde relied upon a decision in koneru ramakrishna v. director of medical service : air1979ap223 . however, in the view we have taken of the matter it is wholly unnecessary to dilate on this aspect.18. in the result the petitioner must succeed. rule .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-04-1986
Reported in : 1986(3)BomCR214; 1986MhLJ561
..... public order, it is necessary so to do, make an order directing that such person be detained. the expression 'acting in any manner prejudicial to the maintenance of public order' is detained in clause (a) of section 2 of the act. as per the definition 'acting in any manner prejudicial to the maintenance of public order' means-in the case of a bootlegger, when he is ..... order and public order as pointed by this court in arun ghosh v. state of west bengal, : 1970crilj1136 is one of degree and extent of the reach of the act in question on society. it is the potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of public order. if ..... extent of the reach of the act upon society. the supreme court observed-'the test is; does it lead to a disturbance of the even ..... (2) of the preventive detention act, 1950 in order to prevent him from acting prejudicially to the maintenance of public order. it was held by the supreme court that the question whether a man has only committed a breach of law and order, or has acted in a manner likely to cause a disturbance of the public order, is a question of degree and the .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-12-1986
Reported in : AIR1986Bom370; 1986(3)BomCR522; (1986)88BOMLR423; 1986MhLJ622
..... . it is with these principles in mind that we have to consider the relevant provisions of the indian stamp act as amended by the indian stamp (goa, daman and diu amendment) act, 1968.8. section 2 of the indian stamp act is the definition section. sub-section (10) of s. 2 defines the term 'conveyance' as follows:' 'conveyance' includes a conveyance on sale and every instrument by which property ..... our view, it is futile to consider whether it also falls within the definition of the term 'conveyance'. on a reading of the definitions of both the terms contained in sub-sections (10) and (24) of sec. 2 of the stamp act, it is clear that a document which is a 'settlement' may also fall within the wider connotation of the term 'conveyance', but nevertheless, for ..... , whether movable, or immovable, is transferred inter vivos and which is not otherwise specially provided for by schedule i'.the term 'settlement' is defined in sub-sec. (24) in .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-06-1986
Reported in : 1989(1)BomCR156
..... meaning of the expression defined under the civil procedure code. in fact section 21 of the hindu marriage act leaves no room for doubt that all proceedings under the hindu marriage act have to be regulated, as far as may be by the code of civil procedure, 1908., section 2(2) of the civil procedure code defines a decree and that definition of the word 'decree' has got to be read ..... into the expression 'decree' employed by the hindu marriage act, in the absence of the special meaning being given ..... , the respondent gave fist blows on her head and that as a result of this she was getting headache for ten days continuously and even then she was not given medical treatment for that purpose.the next part of the same incident is narrated as particular no. 23. it is averred that when the bottle broke, the petitioner's father got ..... her relevant question in that behalf and to state those particulars in the written statement because even that part is a matter of his professional obligation. the advocate evinces a degree of indifference or inefficiency or negligence if he does not ask such question to his client and does not secure appropriate instructions from the client in that behalf. i could .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-29-1986
Reported in : 1986MhLJ882
..... and that classification does not have any rational nexus with the object sought totbe acheved bythe c. p. & berar bill no. 7 of 1946 and section 2 of the c. p. & berar regulation of letting of accommodation act, 1946.33. the observations of the supreme court in special courts bill, 1978, : 2scr476 furnishthe guidelines intheis respect;--'by the process of classification ..... the following observationns of the supreme court in state of madhya pradesh v. bhopal sugar industries ltd. : 52itr443(sc) , are instructive;--'it would be impossible to lay down any definite time limit within which the state had to make necessary adustments so as to effectuate the equalityclause of the constitution that intitially there was a valid geographical classification of regions ..... and clases arbitraily.6. the law can make and set apart the clases according to the need of the society and as suggested by experience. it can reorganise even degree of evilbut the classification shoud neverbe arbitrary artificial or evasive.7. the classification must not be arbitrary but must be rational that is tosay it must not only be bases ..... of state has the power of determining who shoul be regarded as a class for purpose of legislatin and in relation toa law enacted on aparticular subject. this power no doubt in some degree is .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-25-1986
Reported in : 1986(3)BomCR454
..... not become a landlord of a contractual tenant unless he has himself leased the lands to the tenant as per the transfer of property act. reliance upon the definition of the word 'landlord' in section 2(18) of the tenancy act does not carry mr. metha's case any further. (h) but even after every provision of procedural law is assumed to be in favour ..... the statutes being pari materia with each other. i would like to juxtapose the two respective definitions for ready appreciation of the distinction: the definition of the word 'landlord' under section 2(18) of the under section 5(3) of tenancy act. the bombay rent act.'tenant' means a person who hold s 'landlord means any person wholand on lease and include--- is for the time being ..... receiver is as the person' in lawful management, the 'proprietor' under act ii of 1894. as pointed out above, this was the result of the peculiar extended definition of the word 'proprietor' contained in said madras act no. ii of 1894. the relevant definition of the word 'landlord' in section 2(18) is co-related to the definition of the word 'tenant'. so far as contractual tenant is concerned ..... in the case of secretary of state for india in council represented by the collector of kistna v. komaragiri janardhana rao & others : (1916)30mlj456 . this case also related to the interpretation of the word 'proprietor' in madras act no. ii of 1894, reference to which is already made above. it is pointed out by mr. basu in his commentary, as mentioned above, that .....Tag this Judgment!