Court : Mumbai
Decided on : Jan-16-2009
Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868
..... that was cited before us was in (srimati) kamini mayi debi v. bhusan chandra ghose air 1926 cal 1193. the provisions of section 19 of guardians and wards act were under consideration before the court. it was observed that what is meant by section 19 is that where the father of the minor is living and is not incompetent to be the guardian ..... 's over all development.10.12. in nil ratan kundu v. abhijit kundu (civil appeal no. 4960 of 2008, decided on 8th august 2008), the supreme court after considering english law, american law and indian law so also the various other judgments of the supreme court, in paragraph 56 thereof held thus:56. in our judgment, the law relating to custody of a child ..... and above physical comforts, moral and ethical values cannot be ignored. they are equally, or we may say, even more important, essential and indispensable considerations.10.13 recently, the supreme court in gaurav nagpal v. sumedha nagpal jt 2008 (12) sc 115, had an occasion to deal with a situation where the father had flouted orders of the ..... court and managed custody to the point that contempt proceedings were initiated against him. the supreme court held that he cannot be beneficiary of his own wrong and thus confirmed the order passed by the high court granting custody to the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-22-2009
Reported in : 2009(111)BomLR3186
..... functuous officio and refused to issue the order or clarify and refer the proceeding to the collector. it was observed that it was duty of the civil court to see that the collector had acted in accordance with the decree holders mandate. the relevant portion of para 18 of the said judgment is reproduced below:18. perusal of the impugned order passed ..... held that he became functuous officio and refused to issue order or clarify and refer the proceeding to the collector. it was further observed that the civil court can see, if the collector had acted in accordance with the decree holders mandate. it was further observed that the collector was required to execute decree by adjusting equities, to the extent of they ..... the orders which were impugned in the writ petition, it is clear that neither the collector, nor the civil court has dealt with any of the objections raised by present appellants/objectors. they have acted in complete ignorance of the directions given by this court on three occasions, which are reproduced earlier. the appellants are being put to run from piller to post ..... .01.2008.2. the facts in detail giving rise to the instant appeal are as under:one maheboob zarekari was the owner of survey nos. 46/2, 47/6, 48/6, 53/1b, 133/3, 52/1, 52/2, 131, 50/4 situated at chahurna (bk), taluka and district ahmednagar and the house property bearing no. 5106 city survey no. 4097 ward no .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-05-2009
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... in paragraph 28 and 29 of the reported judgment letters written by government of india purported to the under section 12 (3) of 1971 act are reproduced and in paragraph 30, hon apex court has given reasons for holding it not to be a binding decision in terms of section 12 (3). in paragraph 34 of this judgment, ..... yavatmal is made in w. p. 3430/2007 and in it in paragraph 12 same statement has been made about the source of land. w. p. 2604/2008 is about lands in nagpur in paragraph 12 again general statement on same lines has been made. annexture i with this writ petition shows that lands have come ..... dated 30/11/2007 by addl. collector, nagpur in further rev. appeal 114/mrc--81/2006-07(of pipti, kandri, tekadi & gondegaon) and order dated 2/4/2008 in appeal no. 1/mrc-81/2007-08 by the additional commissioner, nagpur division. as the bone of contention between parties is competence of state government to recover non- ..... ukani) and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 (of kolera) by the additional commissioner, amravati division. in w. p. 2604/2008 challenge is to demand notices dated 21/12/2001, 15/2/2006, 17/2/2006, 16/3/2006 by tahasildar, parseoni (district nagpur). it also challenges order dated ..... 70/2/2004-05 and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 by the additional commissioner, amravati division. in w. p. 19/2008 challenge is to demand notices dated 16/1/2001,18/1/2001,30/1/2001, 1/2/2001, 5/2/2001 & 1/3/2001 by tahsildar, wani (district .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-15-2009
Reported in : 2009(111)BomLR2371
..... u.p. and ors. v. maharaja dharmander prasad singh etc. reported at : 1scr176 , particularly paragraph 28 to urge that the petitioner is expecting this court to act as an appellate authority and this court cannot re- appreciate the evidence and record any finding in that respect. he, therefore, states that in the present circumstances, when the scrutiny committee has reached ..... this is the third writ petition filed by the petitioner in same cause. the petitioner has contested election from ward no. 8 of socorro village and has been elected as member or pancha of village panchayat. this court has, on 18.12.2008, granted ad interim orders whereby the invalidation of his caste claim by respondent no. 1 scrutiny committee for verification ..... caste certificate was given to petitioner without any application of mind by the authorities. the authorities like talathi did not record any statements of the neighbours or relatives and acted only on affidavit filed by petitioner and information supplied by him. we find that his application therefor was itself incomplete and could not have been entertained in normal situations. ..... also pointed out to urge that it does not overrule the view of learned single judge and takes other view of the matter only because of subsequent enactment i.e. act no. xxiii of 2001 i.e. maharashtra scheduled castes, scheduled tribes, de-notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance & .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-08-2009
Reported in : 2009(111)BomLR2263
..... lease area or that it is otherwise a private road owned by the petitioners, the access claimed by the respondent cannot be disallowed by any court. consequently, if the acts alleged by the respondent in his criminal complaint no. 40/p/89 and the corroborative statements of his witnesses can be rejected outright only if ..... since no case is made out against the accused, who was the manufacturer of the bottle under section 7 of the prevention of food adulteration act, 1954. the supreme court considered that the complaint merely showed that that accused had only given their brand name for bottling the beverage. the complaint did not show ..... of this country to redress a criminal wrong done to him. indeed, if the initiation of the criminal process itself is an abuse of the court, the court would have an inherent power to put an end to the abuse by quashing that process.24. the facts of this case have shown that there ..... law in so abusive a manner. the petitioners filed a revision against the order issuing process on 10.12.2007. by the order dated 5.3.2008, the revision came to be rejected upon it being seen that the process was issued since a cognizable offence was made out. the petitioners have set ..... in criminal case no. 20/p/2005 and the order of the ad-hoc additional sessions judge, fast track court at panaji in criminal revision application no. 89 of 2007 dated 5.3.2008.2. the parties have been involved in a series of litigation by and between them essentially of civil nature pursuant .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-2009
Reported in : 2009(111)BomLR4573
..... by the accused who has been convicted and sentenced under section 20(b)(ii)(c) of the n.d.p.s. act, 1985 act, for short) in special criminal case no. 8/2008 by judgment dated 19-1-2009.2. the raid in this case was conducted by police inspector suraj halarnkar/pw7 of anc ..... in the laboratory, to a question in cross examination, has stated that he could not answer whether the contraband contained cow dung also and the apex court came to the conclusion that the isolated answer was hardly sufficient to destroy the evidence of that witness.40. considering the facts of the case and ..... quantity and it was contended that its percentage content of heroin translated into weight that is relevant and that is the contention which was ultimately accepted by the court. relying on its earlier decision in the case of ouseph alias thankachan v. state of kerala : (2004) 4 scc 446, it was held that ..... could not have been more than six months and which period the accused has already undergone. learned counsel further submits that the view held by this court earlier in the case of shri vijaykumar ghale v. the state (unreported judgment dated 15.6.2006 in criminal miscellaneous application no. 196 of 2006) ..... an independent witness until it is proved that he was dependent on the police or other officers for any purpose or whatsoever. further, the apex court has stated that the necessity for independent witness' in cases involving police raid or police search is incorporated in the statute not for the purpose of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-2009
Reported in : 2009(4)BomCR843; 2009(111)BomLR1246; 2009BusLR326(Bom)
..... 'snatched '. if any purchaser fell out, many would take his place. in such cases the award for damages would have been purely nominal. the court considered that the situation in that case was different and that there was, then no demand for the motor cars such that they could be readily absorbed ..... quantification of damages even if it was based upon guesswork. (see also cheshire supra). hence 10% the contract price granted as damages by the trial court was held reasonable and permissible though in the other 2 cases cited therein 15% of the contract price was allowed on damages.67. further in the ..... when faced with such a situation that a precise quantum of damages could not be calculated because of insufficiency of material placed on the record, the court may form its own conclusions on matters in respect of which there is no evidence, on a reasonable basis and the defendant s must be paid ..... price the goods would have fetched and hence, the damages could be correctly determined. relying upon the case of a.v. joseph (supra) the court considered the fact of the plaintiff not having led sufficient evidence to show the details of damages, despite which the privy council held that the plaintiff ..... precise and proper. hence, relying upon the case of delhi development authority v. r.s. sharma & co., new delhi : 2008(11)scale663 he contended that under section 34 of the act, the award was liable to be set aside. he contended that such an award was contrary to the substantive provisions of law .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR737
..... question whether a person holds an office of profit under the governemnt, each case must be measured and judged in the light of the relevant provisions of the act. in paragraph 36 the court held thus: (scc p. 447)36. the question whether a person holds an office of profit, as already noticed, is required to be interpreted in a ..... singh, it is observed that historical facts and surrounding circumstances can always be taken into consideration by the court while interpreting the provisions:it has already been noticed that the court is entitled to take into account 'such external or historical facts as may be ..... of goa relied upon the divisional manager, aravali golf club and anr. v. chander hass and anr. (2008)1 scc 683, in support of his contention that creation and sanction of posts is a prerogative of executive and legislative authorities and the court cannot arrogate to itself this purely executive or legislative function and direct creation of posts in any organisation ..... well as representation of people act, 1951. this approach, thus, clearly establishes that the exercise of executive power by the state has to be in conformity with the constitutional limitation and mandate. the constitutional provisions cannot be circumvented by recourse to methodology which is otherwise not permissible.28. in `principles of statutory interpretation' (11th edition, 2008) by justice g.p. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-18-2009
Reported in : 2009(111)BomLR2884
..... dependent on the final outcome of the fresh enquiry.46. the aforesaid principle has been adopted by the division bench of this court while considering provisions of the m.e.p.s. act in the case of kashiram rajaram kathane v. bhartiya r.b. damle gramsudhar shikshan prasar sanstha 1997(3) mh.l.j. ..... petition.5. in response to the notice issued to the respondents, the management appeared in the writ petition and filed its affidavit in reply on 28.07.2008 for opposing admission of this petition. in the said affidavit in reply, amongst other grounds, it is contended in para 5 that the education officer (respondent ..... of 1981. this application for permission to conduct an enquiry was opposed by the petitioner. however, vide order dated 18.06.2008, the said application came to be allowed by the tribunal with a direction to conduct enquiry and complete the same within a period of one month. ..... a period of 6 months and set aside the stay order.b) according to the petitioner, when the appeal came up for hearing on 18.02.2008 before the tribunal, respondent no. 1 moved an application for grant of permission to conduct enquiry as per rule 36 of the meps (cs) rules ..... petition, filed under articles 226 and 227 of the constitution of india, the petitioner has challenged the order passed by the school tribunal, latur dated 18.06.2008 in appeal no. 29/2007 thereby allowing respondent no. 1 to conduct enquiry against the petitioner during the pendency of the appeal.2. rule. rule made .....Tag this Judgment!