Mumbai Aurangabad Court January 2011 Judgments
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Kedabai Shantaram Jadhav Vs. Kiran S/O. Gulabrao Pati and ors.
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1. Heard finally Senior Adv. Shri Dixit with Adv. Shri Bachate, for petitioners & Senior Adv. Shri Shah with Adv. Shri Amol Sawant, for respective respondent 1. Learned AGP present in court has appeared for Respondent 2 Collector. Looking to the nature of the controversy, matters are heard finally with consent by making Rule returnable forthwith.2. Challenge in all these writ petitions under Art. 226 & 227 of the Constitution of India is to identical notices dated 3/1/2011 issued by respondent no. 2 Collector calling upon the respective petitioner to file additional written statement in defence if any, and to state whether they desire to be heard on additional points. The notices communicate to them the charge, statement of imputations, list of documents & list of witnesses in support thereof as per requirement of Rule 7(6) of the Maharashtra Local Authority Members' Disqualification Rules, 1987 & Section 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986, referre...
Govind Rangrao Birajdar and anr. Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1 This appeal is filed challenging the judgment and order of conviction dated 5.7.1999, in Sessions Case No. 39 of 1998 passed by the learned Additonal Sessions Judge, Nilanga thereby convicting the appellants for the offences punishable under Section 324 r.w. 34 of I.P.C. and sentencing them to suffer R.I. for one year each with fine of Rs.1000/- each i/d to suffer R.I. for one months. 2 The prosecution case, in brief, is as under;- The incident in question took place on 18.2.1997 at about 6.30 p.m. at village Dongargaon, Tq. Nilanga, District Latur i.e. at the village of victim as well as accused. The appellant No.1 Govind assaulted victim Maruti s/o Gopala by means of handle of pick axe, thereby sustaining fracture to the bone of his left hand of upper arm and rest of the accused persons delivered abuses to him and also subjected him to beating by means of fists and kicks. The beating was intervened by witnesses namely Prakash Patil, Shripati Shingnale and Govind Salunke.2 The victi...
Pandurang S/O Tukaram Shinde Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1. The appellant herein was tried by the Special Judge, Beed for an offence punishable under Section 325 of I.P.C. in Sessions Case No. 53 of 1998 and by his judgment and order dated 25th June, 1999 convicted the appellant for the said offence and sentenced him to undergo R.I. for three months and to pay a fine of Rs.500/-, in default, to undergo R.I. for 15 days. Being aggrieved by the conviction and sentence awarded by the trial Court, the appellant has challenged the same in this appeal.2. The prosecution case, in brief, is as follows:As stated by P.W.1 Murlisdhar Zhade, the alleged incident took place on 7.9.1998 at about 1.30p.m. approximately in the forest at village Karchundi. It is the case of the prosecution that Murlidhar Ksishan Zhade is serving in the forest department and as a part of his duty, he is expected to supervise the forest and to see that nobody should take their cattle in forest for grazing purposes. On 7th September, 1998 as a routine, as a part of duty, he had...
Shivaji S/O Guja Pawar Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-25-2011
1 This appeal is filed challenging the judgment and order dated 30.10.1999 passed by the learned Additional Sessions Judge, Parbhani in Sessions Trial No. 137 of 1994 thereby convicting the appellant for the offence punishable under Section 325 of I.P.C. and sentenced him to suffer R.I. for three years and to pay fine of Rs. 1000/- i.d to suffer R.I. for six months.2 The prosecution case, in brief, is as under;- The appellant-accused as well as deceased Mukinda are residents of Keli Tanda, Taluka Jintoor. Father of appellant is the maternal uncle of deceased Mukinda. On 24.7.1994 Guja, father of appellant requested a 'Naik' of the village to organize a meeting of panchas for the separation of the family members. All sons of Guja had already separated and were residing in the respective rooms of the said house, whereas said Guja was residing alongwith his wife. In the said meeting, Guja had decided even to be separated from is wife. When the meeting was concluded, the sons of Guja, who ...
Nimbadas S/O Devidas Jagtap and ors. Vs. Ramkrushna S/O Sampat Narkhed ...
Court: Mumbai Aurangabad
Decided on: Jan-25-2011
1. By this petition, the petitioners challenge order dated 29th October, 2005 rendered by the Divisional Commissioner, Nasik in Tenancy Revision Application No. 32/2003 as well as order dated 30th January, 2003 rendered by the Sub Divisional Officer, Jalgaon in Tenancy Appeal No. 2/2003. The Divisional Commissioner confirmed the order of the Sub Divisional Officer whereby the Tenancy Appeal was allowed and the application of the respondent No. 1 for restoration of the half portion of the land in question was allowed.2. The few facts giving rise to the tenancy litigation and the present petition may be stated in the following way : Original Survey No. 446/2 (now Gat No. 1475), admeasuring 00 Hectors 9.1/2 Ares, situated at village Asoda, Taluka and District Jalgaon, is the land in question. Originally, the said land was held by one Subba Girdhar Jagtap. He was the predecessor-in-title of the petitioners. He had leased out the said land to Sampat Ramu Narkhede, father of the respondent N...
Ujwala W/O.Sonyabapu Bhujade Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-24-2011
1. The appellant has questioned the correctness and legality of her conviction for the offence punishable u/s. 302 of The IPC, for which she was sentenced to suffer life imprisonment and to pay fine in the sum of Rs.250/, in default to suffer SI for 7 days. She was also convicted for an offence punishable u/s. 309 of The IPC, for which she was sentenced to pay fine of Rs.250/, in default to suffer SI for 3 days in Sessions Case No.279/2007, by The Adhoc Additional Sessions Judge Aurangabad, vide judgment and order dated 09/04/2009.2. Such of the facts as are necessary for the decision of this appeal can be summarized as follows :a) On 24/11/2006, MLC report was received in Vaijapur Police Station from Rural Hospital, Vaijapur by Nilkanth Damodar Patil. It was a wireless message, accordingly A.D. was registered vide A.D.No.24/2006, and inquiry was entrusted to him. Accordingly, he sent Head Constable Shri.Jadhav to draw inquest panchnama and to collect the report of the post mortem exam...
Hanuman S/O. Tulshiram Jadhav Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-24-2011
1. The appellants have questioned the correctness and legality of their conviction u/s. 302 r/w. 34 of The IPC, for which they were sentenced to suffer life imprisonment and for the offence punishable u/s. 201 r/w. 34 of The IPC, they were sentenced to suffer rigorous imprisonment for 3 years in Sessions Case No.10/2008 vide judgment and order dated 05/06/2009 by The Additional Sessions Judge, Gangakhed.2. Such of the facts as are necessary for the decision in this appeal can be summarized as follows :a) On 09/01/2008, on receipt of telephone message from one Vishwanath Manikrao Jadhav (P.W.No.15) of village Pohandul that one Tulshiram and his two sons, the appellants before the Court, have assaulted one Haribhau Jadhav and Haribhau is missing in Sonpeth Police Station, A.P.I. Dipak Dnyanoba Shinde (P.W.No.17) proceeded to village Pohandul at 12.30 noon after effecting necessary entries in the station diary. At Pohandul, he visited field of one Ankush Jadhav. Then he drew spot panchnam...
M/S D.S.Mujumdar and K.M.JaIn Vs. Faizpur Municipal Council, Faizpur
Court: Mumbai Aurangabad
Decided on: Jan-20-2011
J U D G M E N T : 1 The present appeal is directed against the judgment and decree dated 31.1.1994, rendered by the Joint Civil Judge, Senior Division, Jalgaon, in Special Civil Suit No. 10 of 1991, more particularly in respect of the finding recorded by the said learned Judge on Issue Nos. 3 and 3-A thereby granting interest only at the rate of 9 per cent per annum to the plaintiff instead of 18 per cent per annum on the amount due as claimed by the plaintiff/appellant.2 The appellant is the original plaintiff and the respondent is the original defendant, namely Faizpur Municipal Council, represented through its Chief Officer, Taluka Yawal, District Jalgaon, whereas the plaintiff is a registered partnership firm. The parties are referred hereinafter as per their original status i.e. 'the plaintiff'' and 'the defendant'.3 The defendant Municipal Council had to give some work of construction of building for Union Bank of India and also for the office of Municipal Council and Meeting Hal...
Siddarth S/O Narayan Kamble Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-19-2011
:1. This appeal is filed challenging the judgment and order of the Joint District and Additional Sessions Judge, Nanded in Sessions Case No. 191/1994 dated 21st May, 1999.2. The prosecution story in brief is as under :The deceased Panchasheela was residing along with her parents in village Ashta, in Kinwat taluka of Nanded district. Nivratti (P.W.-2) complainant is the brother of deceased Panchasheela. It is the case of the prosecution that, when Panchasheela was taking education at Kinwat four accused use to pay visit to her room and tease her. They use to write letters to her, however, said letters were destroyed by the deceased fifteen days prior to date of incident. It is further case of the prosecution that, Panchasheela received one letter, alleged to have been written by one of the accused in which Panchasheela was given threats that, if at all she marries to any other person, than the writer of the said letter, her married life would be rendered miserable and difficult, because...
Shaikh Chand S/O Shaikh Garibshah Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-18-2011
:-1 This appeal is filed challenging the judgment and order dated 4.9.1999 passed by the learned IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 thereby convicting the appellant for the offence punishable under Section 304 Part-II of I.P.C. And sentenced him to suffer R.I. For three years and to pay fine of Rs. 5000/- i.d to suffer R.I. For six months.2 The prosecution case, in brief, is as under;-The accused No.1 is husband of accused No.2. Complainant is brother of accused No.1 and deceased is daughter of complainant. The complainant, accused No.1 have other brothers namely Shaikh Gani and Shaikh Ismail. Their father Garibshaha had 8 acres of agricultural land at village Jamgaon. After the death of father, brothers started residing separately and each is cultivating his two acres land and they are also residing in their respective shares by constructing a hut.It is also the case of prosecution that there is common well in the lands of four brothers and eac...
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