Mumbai Aurangabad Court December 2011 Judgments
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Sangmeshwar Sugar Limited Vs. the State of Maharashtra and ors.
Court: Mumbai Aurangabad
Decided on: Dec-14-2011
1. Rule. Rule made returnable forthwith. Heard for final disposal by consent of parties. 2. The writ petition is filed under Article 226 of Constitution of India to challenge the orders made by Sugar Commissioner in matters of grant of Aerial Distance Certificate for starting private sugar factories. Copies of relevant record are produced by both the sides. Advocates of both the sides are heard. 3. The petitioner is a Sugar Factory registered under the Companies Act, 1956. For starting another sugar factory at Sonegaon, Yamainagar, Tahsil Jamkhed, District Ahmednagar, Maharashtra, the petitioner obtained Aerial Distance Certificate from Survey Office of Government of India on 10.6.2008 and on 21.6.2008 it applied for getting Aerial Distance Certificate from Commissioner of Sugar, Pune. As per Sugarcane Control Order, 1966 the aerial distance between two sugar factories is prescribed as 15 k.m. On 12.7.2008 respondent No. 2 Sugar Commissioner issued proclamation in "Daily Lokmat" newspa...
Ananta S/O Yadav Kakade Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Dec-14-2011
1. Heard learned Counsel for respective parties. 2. This is an appeal preferred by the appellant (original accused) challenging the conviction and sentence imposed upon him by way of judgment and order dated 8th February, 2011, rendered by the learned Additional Sessions Judge, Osmanabad in Sessions Case No.91 of 2009, thereby convicting the appellant for the offence punishable under Section 307 of the I.P.C. and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.1000/-, in default, to undergo rigorous imprisonment for four months; and also convicting him for the offence punishable under Section 452 of the I.P.C. and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/-, in default, to undergo rigorous imprisonment for two months; and also directing both the sentences to run concurrently. 3. The factual conspectus and shorn of details of the prosecution case, are as follows: The complainant Vandana Dabhade, who is a v...
Shaikh Kalam S/O Shaikh Nabi Vs. the State of MaharashtrA.
Court: Mumbai Aurangabad
Decided on: Dec-09-2011
1. This appeal is directed against the judgment and order dated 25.10.2010 passed by the Additional Sessions Judge-2 at Jalna, in Sessions Case No. 143 of 2009, convicting the appellant, who was the sole accused in the said case, of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-. 2. The prosecution case can be best stated from the `brief facts of the case', as mentioned in column no.15 of the printed prescribed proforma of the charge sheet/Final Report. It is as follows : That, on 03.06.2009, the accused and one Shaikh Sattar S/o Shaikh Sardar (the deceased) left Aurangabad by a vehicle bearing no. MH-20 AA-8955 belonging to Sarda Logistic Company for going to Vijaywada, Andra Pradesh. The said vehicle was a Container, carrying Refrigerators of Videocon Company. The accused was driving the said vehicle. Even the deceased Shaikh Sattar was a driver. For some time, the accused was to dr...
Kanhaiyalal Kisan Pardeshi Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Dec-02-2011
1. Heard learned counsel Mr.Joydeep Chatterji, instructed by Advocate Mr.Salgare for the petitioner and learned A.P.P. Mrs.B.R.Khekhale for the State. 2. Rule made returnable forthwith. Taken up for final hearing with the consent of the counsel appearing for the parties. 3. The legality, correctness and propriety of the order passed by Learned Additional Sessions Judge, Dhule on 31st August, 2009 in Criminal Appeal No.91 of 2008, in relation to present petitioner is questioned in this revision petition. 4. This revision petition, has been filed by the petitioner on 2nd September, 2009. This petition was listed for admission before this Court on 4th September, 2009. This Court has issued notice returnable on 8th October, 2009. The learned counsel for the petitioner sought permission to produce copies of depositions and documents exhibited during the trial. Such permission was granted by this Court, by the order passed on 20th November, 2009. Hearing of the petition was adjourned to 18th...
Navneetdas Narayandas Barshikar Vs. Bacchubhai Mulji Tanna and anr.
Court: Mumbai Aurangabad
Decided on: Dec-01-2011
1. Heard learned respective Counsel for the parties. 2. This is an appeal preferred by the appellant (original complainant) challenging the judgment and order of acquittal dated 16th August 2000, rendered by the learned Judicial Magistrate (F.C.), Court No.3, Ahmednagar, in Summary Criminal Case No. 1093/1998, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. Parties are hereinafter referred to as per their original status i.e. complainant and accused. 4. The factual matrix of the matter is as mentioned below: The appellant (original complainant), namely, Navneetdas s/o. Narayandas Barshikar, is resident of Ahmednagar and carries on business there, whereas the respondent (original accused), namely, Bacchubhai s/o. Mulji Tanna, is resident of Mumbai, and is proprietor of B.M.T. Industries. It is alleged that the accused purchased goods worth Rs. 2,00,000/- from the complainant on credit, on 11-6-...
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