Mumbai Aurangabad Court July 2010 Judgments
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Shri Hareshkumar Kanhayalal. Vs. Eknath Chendu Mahajan. and ors.
Court: Mumbai Aurangabad
Decided on: Jul-30-2010
1.The present petition raises an issue regarding applicability of the concept of 'child in the womb' vis-a-vis the provisions of Bombay Tenancy and Agricultural Lands Act, 1948(here-in- after referred as 'Act, 1948').2. The Petitioner has initiated proceedings invoking section 25 of the Act, 1948, demanding the possession of the agricultural lands by filing an application bearing tenancy case No. 10 of 1981. The Tahasildar, Raver, dismissed the said application of the petitioner vide its judgment and order dated 23/06/1983, the petitioner aggrieved by the said order, preferred tenancy appeal bearing No. 52 of 1983, before Sub Divisional Officer, Jalgaon Division, Jalgaon. The said appeal was allowed by the sub Divisional Officer, Jalgaon Division, Jalgaon, vide judgment and order dated 06/09/1986. The respondents aggrieved by the same preferred revision application No.186 of 1986 before the Maharashtra Revenue Tribunal, Bombay. The Maharashtra Revenue Tribunal vide its judgment and ord...
Liladhar S/O Purushottam Narkhede, Age45 Years, Vs. Central Bureau of ...
Court: Mumbai Aurangabad
Decided on: Jul-30-2010
1. The present criminal application, u/s 482 of the Criminal Procedure Code, takes exception to the order dated 11.03.2010 passed by learned Additional Sessions Judge, Jalgaon below Exhibit260 in Sessions Case No.8/2006. By the said application (Exhibit260) the applicant, had prayed for discharge u/s 227 of the Criminal Procedure Code, however the same is dismissed by the learned Sessions Judge vide the impugned order.2. Rule.3. Rule made returnable forthwith. By consent of the learned counsel for the parties, heard finally at the stage of admission.4. Such of the facts as are necessary for the just decision of this criminal application, may briefly be stated as follows: a) An offence at CR No.242/2005 came to be registered on 21.09.2005 with Zilla Peth Police Station, Jalgaon against two unknown persons for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, on the basis of complaint of one Mahendra Panditrao Mahajan in respect of murder of Vishram Giridhar Patil, the then ...
Ashok Bansilal Mutha, Aged About 49 Yes, and ors. Vs. the State of Mah ...
Court: Mumbai Aurangabad
Decided on: Jul-29-2010
Date of Reserving Judgment 16th June, 2010 Date of Pronouncement of Judgment 29th July, 2010. : (Per S.V. Gangapurwala, J.) These petitions take exception to the Resolution dated 06/11/1993 passed by the respondent No. 3 and the notification dated 01/03/1994 issued by the respondent No. 1, 3 thereby increasing the cess and the additional cess leviable Under Section 144 & 155 of the Zilla Parishad and Panchayat Samiti Act, 1961.2. The petitioners are the residents of Ahmednagar District and owners of agricultural lands. It is the case of the petitioners that respondent Nos. 1 to 3 have unlawfully increased additional cess on land revenue under the provisions of Section 144 and 155 of the Zilla Parishad and Panchayat Samiti Act, 1961 (Here-in- after referred to as "Act,1961). According to them a cess is collected on the land revenue under Section 144 of the Act of 1961, to augment the said income and to meet the additional expenditure and a machinery was created Under Section 155 of the ...
Prof.Shri.Mansoor S/O KarimoddIn Kadri Age48 Years, Vs. the State of M ...
Court: Mumbai Aurangabad
Decided on: Jul-29-2010
1. By the present revision application, the applicant accused in Sessions Case No.301/2009, has challenged the order dated 01.02.2010 passed by the learned Additional Sessions Judge1 Aurangabad below Exhibit6 in Sessions Case No. 301/2009. By the impugned order, the application filed by the applicant seeking discharge, came to be rejected.2. Heard learned counsel for the applicant and learned APP. Perused the statements of the witnesses recorded during the investigation and filed along with the charge sheet so also the impugned order.3. Rule.4. Rule made returnable forthwith. By consent of the learned counsel for the parties heard finally at the stage of admission itself.5. The said offence was registered at CR No.15/2009 with Sillod police station on the complaint of respondent No.2. It appears that during a public speech given by the applicant, he has used indecent language in respect of the elected candidate of the opposition party and when the complainant along with his associates ...
Ghanshyam Kisan Ukirade. Vs. Sou. Suman Krishna Pawar and Another.
Court: Mumbai Aurangabad
Decided on: Jul-29-2010
1. Heard learned respective counsel for the parties.2. This is an application preferred by the applicant, seeking leave to file appeal against the judgment and order of acquittal dated 22.09.2009 passed by learned Judicial Magistrate First Class, Ahmednagar, acquitting the respondent No.1/original accused for the offence under section 138 of Negotiable Instruments Act.3. I have perused the impugned judgment and order of acquittal dated 22.9.2009 and record and proceedings with the assistance of learned counsel for the parties.4. In short, it is the case of the complainant that he gave amount of Rs.1,40,000/ to the husband of the accused towards sale transaction on 24.1.2005, of land bearing gat No.160, situated at Kukan, at the residence of the accused and thereafter they went to the office of SubRegistrar for registration of the sale deed, but it was revealed that since said land was of new tenure, sale deed could not be executed and thereupon husband of accused assured that he would ...
Dr.Shaheen W/O Shaikh Imran Age35 Years, and ors. Vs. the State of Mah ...
Court: Mumbai Aurangabad
Decided on: Jul-29-2010
1. By both these criminal applications, the applicants accused No.1 to 4, have prayed for quashing of the FIR at CR No. 158/2009 registered on the complaint of respondent No.3. As both these applications arise out of one crime, they are being disposed of by this common judgment.2. Rule.3. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission itself.4. Brief facts of the case may be stated thusa) Respondent No.3 is the second wife and applicant Abeda is the first wife of applicant Ramzan Shaikh. Applicants Shaheen and Imran are daughter in law and son of applicants Ramzan and Abeda.b) Respondent No.3, has filed a complaint in MIDC CIDCO police station on 06.12.2009 for an offence punishable u/s 307 r/w 34 of the Indian Penal Code against all the accused. Pursuant to the said complaint, the applicants were arrested and subsequently are released on bail 5. By these applications u/s 482 of the Criminal Procedure Code, the applicants have approac...
Aditya Bahuddeshiya Sanstha, and anr. Vs. the Union of India, and ors.
Court: Mumbai Aurangabad
Decided on: Jul-28-2010
1. Rule. Rule made returnable forthwith.2. Heard learned counsel for the parties.3. The petitioners applied for starting B.A.M.S. Course. By a communication dated 12/17042007, addressed to Chairman, Aditya Bahu Uddeshiya Sanstha, Talegaon Road, (Kala Hanuman Thana), Beed (Maharashtra), Under Secretary to the Government of India intimated that he was directed to say that after careful consideration of the second visitation report of the Central Council of Indian Medicine ( For short "C.C.I.M.") in terms of the provisions of The Indian Medicine Central Council ACT, 1970 (For short " Act of 1970") and relevant regulations of the C.C.I.M., the Central Government has decided that the permission may be accorded to the Aditya Bahu Uddeshiya Sanstha, Beed, Maharashtra with the annual intake capacity of 50 seats in Ayurvedacharya (B.A.M.S.) Course from the session 200708 under the provisions of section 13A of the IMCC Act, 1970 subject to certain conditions and removal of deficiencies. Clause3 ...
Murlidhar Atmaram Wani Age 61 Years, Vs. D.D. Shankarwar, Inspector of ...
Court: Mumbai Aurangabad
Decided on: Jul-28-2010
1) The present writ petition is filed with prayer for issuance of directions to respondent Nos. 4 to 6 to take deterrent action against respondent No. 1, 2 and 3 i.e. the Inspector of Police, Shri D.D. Shankarwar, Dharangaon police station, S.N. Pardeshi, (Police Head Constable), Dharangaon Police Station and Mr. Vitthal Sonwane, Tahsildar, Dharangaon. It is further prayed that the respondent Nos. 1, 2 and 3 be directed to pay compensation to the petitioner for their illegal act of harassing and torturing the petitioner. Thus this petition is filed with twofold prayers. This petition was heard by this court at admission state on 15.12.2003, when "Rule" was issued. Now, matter is taken up for final hearing.2) It is the case of the petitioner that he retired as driver from Municipal Council, Dharangaon. He has subscribed a cable connection. One Jagannath Bansilal Shirsath, Aged 22 years, on 13.4.2003 at about 6.30 p.m. went on the roof of the petitioner's house with an intention to commi...
Anil Navnath MaraThe Age 21 Years, Vs. the State of MaharashtrA.and an ...
Court: Mumbai Aurangabad
Decided on: Jul-27-2010
1. Rule. Rule made returnable forthwith. By consent of learned counsel for respective parties, the matter is taken up for final hearing, at the stage of admission.2. By the present Petition filed under Article 226 and 227 of the Constitution of India, petitioner prayed that impugned order dated 20th March, 2010 passed by the learned Adoc Additional Sessions Judge-1, Aurangabad in Criminal Misc.Application No. 23/2010 be quashed and set aside and the Incharge of Pachod Police Station, Tq.Paithan, Dist.Aurangabad be directed to release the vehicle-Mahindra Max Jeep bearing No.MH-12-EF-5860 in C.R. no.III-57/2009 dated 13th December, 2009 and hand over the same to the petitioner.FACTUAL MATRIX :-3. The petitioner herein is original accused no.2 in N.D.P.S. (Special) Case No.2/2010 arising out of C.R. No.III-57/2009 registered with Pachod Police Station, Tq.Paithan, Dist.Aurangabad and copy of said F.I.R. is annexed at Exh.A (page 15). It is the contention of petitioner that he is owner of...
Prakash S/O Shivlal Chavan, Age 37 Years, Vs. the State of Maharashtra ...
Court: Mumbai Aurangabad
Decided on: Jul-27-2010
1.1 The challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused no.1) by judgment and order dated 5.12.2009, rendered by the learned Additional Sessions Judge, Parbhani, in Sessions Trial No. 24 of 2008, convicting the appellant under Section 304 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, in default of payment of fine to suffer S.I. for one month.2 The factual matrix of the prosecution case can be summarised as under :It is the case of prosecution that deceased Shobha i.e. victim herein was the wife of appellant herein and she was residing with the appellant along with her three children in her matrimonial home at Pimpalgaon, Taluka Jintur. The marriage between deceased Shobha and accused no.1 was solemnized about eight years back from the date of incident. It is alleged that the appellant herein used to assault victim Shobha under the influence of liquor freq...
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