Mumbai Aurangabad Court July 2011 Judgments
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Ritesh S/O. Balveersing Sauda Vs. the State of Maharashtra and anr.
Court: Mumbai Aurangabad
Decided on: Jul-29-2011
1. The challenge in the present appeal is to the conviction and sentence imposed upon the appellant, namely, Ritesh s/o. Balveersing Sauda, by way of judgment and order dated 30th March 2010, rendered by the learned Additional Sessions Judge-I, Beed, in Sessions Case No. 91/2009, thereby convicting the appellant (original accused) for the offence punishable under Section 307 of Indian Penal Code, and sentencing him to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 20,000/-, in default of payment of fine, to undergo further rigorous imprisonment for one year, and also, convicting him for the offence punishable under Section 27(1) of the Arms Act, and sentencing him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 6 months, and also directing that out of the said fine amount, an amount of Rs. 15,000/- be paid to the complainant, namely, Pruthvi s/o. Dharamsing Pival, ...
Gorakh Hilal Patil and anr. Vs. Parit Samaj Seva Mandal and anr.
Court: Mumbai Aurangabad
Decided on: Jul-21-2011
1. This revision application is directed against the judgment and order dated 21st September, 2007 passed by the Ad-hoc District Judge-1, Dhule in Regular Civil Appeal No.26/2006 dismissing the appeal and confirming the judgment and decree dated 7th February, 2006 passed by the C.J.J.D., Shirpur in RCS No.263 of 1992. 2. The facts of the case, in brief, are as follows: The respondent No.1 Parit Seva Samaj Mandal, Shirpur through its President and panchas filed R.C.S. No.263 of 1992 against deceased Hilal Natthu Patil - tenant, father of the present petitioner No.1 and husband of petitioner No.2 in the Court of Jt. C.J.J.D., Shirpur for recovery of arrears of rent and possession of residential premises bearing CTS No.1420 (for short, referred to as "the suit property"), on the ground of default and bona fide and reasonable use under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, referred to as the said Act). The trial Court on completion ...
Suryabhan S/O Ramjirao Kale Vs. Shri. Vishwambhar Maruti Pawar and ors ...
Court: Mumbai Aurangabad
Decided on: Jul-20-2011
1. This Contempt Petition alleges disobedience of order dated 24-08-2005 passed by this Court in Writ Petition No. 5625 of 2005. 2. It is the case of the petitioner that the petitioner was appointed as Assistant Teacher in Shanteshwar Vidyalaya Sastur, Tq. Lohara, District Osmanabad on 02-07-1973. In 1975 his services were confirmed. In 1984 he was promoted as Head Master and was working continuously as Headmaster till January 2005. The petitioner was due for retirement on 31-08-2005. Due to some dispute in Management, the petitioner was issued notice on 24-01-2005. Said notice was received by the petitioner on 27-01-2005. The petitioner has replied the said notice on 30-01-2005. It is further case of the petitioner that on 21-02-2005 respondent No. 1 without issuing any further notice and without conducting any inquiry has issued termination order. The petitioner filed Appeal No. 29 of 2005 before the School Tribunal contending that, the said termination is in contravention of Rule 37...
Sheshrao Trimbakro Patil and ors. Vs. Trimbakrao Shrirangrao Bhise and ...
Court: Mumbai Aurangabad
Decided on: Jul-18-2011
1. Both these writ petitions are challenging the judgment and order passed by the learned Collector, Latur dated 08/04/2011 holding that the petitioners stood disqualified as members of Zilla Parishad, Latur. 2. The facts leading to this litigation in short can be stated as under. 3. The petitioners are members of Indian National Congress, a national level political party and as its official candidates, were elected as councilors of Zilla Parishad, Latur in 2007. 4. The elections for the post of President and Vice President were due in 2009. A meeting was called on 02/12/2009 for the election. Fifty Seven councilors of Zilla Parishad attended this meeting. Out of them, 31 councilors including petitioners belonged to Indian National Congress, five councilors belong to Nationalist Congress party. (Indian National Conress and Nationalist Congress party jointly contested the election of Zilla Parishad.) 5. Time for filing of the nominations for the posts was given to the councilors between...
Bayaji Kisan Andhale and anr. Vs. the State of Mah and ors
Court: Mumbai Aurangabad
Decided on: Jul-12-2011
1. Heard learned counsel for the parties. 2. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 3. By the present criminal application filed by the applicants under section 482 of the Code of Criminal Procedure prays that First Information Report bearing Crime No.I-456/2010, dated 16.12.2010, registered under section 420 r/w/ 34 of Indian Penal Code, registered at Pathardi Police Station, District Ahmednagar, be quashed and set aside. After filing present application, interim relief was granted by this Court and the prosecution, the subject of the challenge, in crime No.I - 456/2010 dated 16.12.2010 was stayed by order of this court passed on 17.3.2011. 4. The complainant i.e. respondent No.2 herein namely Suresh Mahadev Andhale filed First Information Report on 16.12.2010 under section 420 r/w section 34 of Indian Penal Code, which was registered at Pathardi Police Station as Crime No.I-456/2010, wherein the compl...
Sandeep S/O Popatrao Saikad Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jul-11-2011
1. Rule is made returnable forthwith and present application is taken up for final hearing with the consent of the learned counsel for the parties. 2. Heard learned counsel for the parties. 3. Leave to amend the prayer clause granted. Amendment to be carried out forthwith. 4. By the present application, preferred by the applicant under Section 482 of the Code of Criminal Procedure, the applicant prays that the first information report, on the basis of which, Crime No. 126 of 2010 is registered against the applicant for the offences punishable under Sections 272, 328 and 420 of the Indian Penal Code and Sections 5, 7 and 12 of the Food Adulteration Act, be quashed and set aside, as well as prayed that charge sheet No. 85 of 2011 filed on the basis of said C.R. No. 126 of 2010 also be quashed and set aside. 5. It is alleged that on receipt of the secret information, on 8.10.2010, without any notice, the premises bearing C.T.S. No.997/1, belonged to one Takale, was raided by the police of...
Bhausaheb S/O. Laxman Kshirsagar Vs. Laxman S/O. Bhimraj Kshirsagar an ...
Court: Mumbai Aurangabad
Decided on: Jul-08-2011
1. Heard learned Counsel for the parties. Respondent nos.3 and 4 absent, although served. 2. By the present petition filed by the petitioner (original respondent no.1) under Article 227 of the Constitution of India, and under Sections 482 and 125 of the Code of Criminal Procedure, 1973, prayed that judgment and order dated 24-3-2004, rendered by the learned Judicial Magistrate (F.C.), Rahuri, in Criminal Miscellaneous Application No. 365/2002, and the judgment and order dated 9-9-2004, rendered by the learned 5th Ad hoc Additional Sessions Judge, Ahmednagar, in Criminal Revision Application No. 130/2004, be quashed and set aside by issuance of writ of certiorari. FACTUAL MATRIX 3. The petitioner herein, namely, Bhausaheb, and respondent no.3, Rambhau, and respondent no.4, Bharat, are sons of respondent no.1, Laxman, and respondent no.2, Smt. Gayabai. The respondent nos.1 and 2, namely, Laxman and Smt. Gayabai i.e. parents of petitioner and respondent nos.3 and 4 herein, filed an applic...
Dhondiba Nagoba Ladke Vs. the State of Maharashtra and anr
Court: Mumbai Aurangabad
Decided on: Jul-07-2011
1. Heard learned counsel for the parties. 2. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final hearing. 3. At the outset, revisional applicant/original accused has preferred revision application challenging the legality and correctness of the conviction and sentence imposed upon him by way judgment and order rendered by learned Judicial Magistrate First Class, Parbhani in Regular Criminal Case No.642/2003, thereby convicting him for the offence punishable under section 138 of Negotiable Instruments Act and sentencing him to suffer Simple Imprisonment for one month and to pay fine of Rs.1,000/- (Rs. One thousand) in default of payment of fine amount to suffer further S.I. for 15 days and also assailing the legality and correctness of judgment and order rendered by learned Sessions Judge, Parbhani in Criminal Appeal No.24/2006, thereby dismissing the said appeal filed by the applicant herein and confirming the conviction and sentence inflicted upon...
Rajendra Pandurang Pagare and ors. Vs. the State of Maharashtra and or ...
Court: Mumbai Aurangabad
Decided on: Jul-04-2011
01. Rule. Rule made returnable forthwith, with the consent of the parties. Since the issues involved in both these petitions are the same, they have been heard together, with the consent of the parties. 02. The challenge in both these petitions is to the selection of the private respondents (hereinafter referred to as the respondents) to the posts of Civil Engineering Assistants, pursuant to the advertisement No. 2/2008. The petitioners claim that these respondents did not possess the qualifications required for being selected to the posts of the Civil Engineering Assistants, in consonance with the recruitment rules. The petitioners contend that each of them had undertaken a special course expected to be completed by candidates aspiring to be Civil Engineering Assistants, whereas the respondents had no such qualification. In essence, therefore, what has been challenged in the present petition, is the selection of the respondents to the posts of the Civil Engineering Assistants. 03. Mr....
The State of Maharashtra Vs. Sk. Isaq Sk. Ahmed and anr.
Court: Mumbai Aurangabad
Decided on: Jul-01-2011
1. The appellant / State has preferred the present appeal for enhancement of sentence under Section 377(1) of the Code of Criminal Procedure, 1973, imposed upon respondent nos.1 and 2 herein. It appears that the respondent nos.1 and 2 herein are original accused nos.1 and 3 in Sessions Case No. 201/1999, who faced the trial along with other four accused for the offences punishable under Sections 147, 148, 307, read with Section 149 of IPC, and alternatively under Section 307, read with Section 34 of IPC, but the other four accused were acquitted in respect of the said charges, by judgment and order dated 10th December 2002, rendered by the learned 1st Ad hoc Additional Sessions Judge, Aurangabad, whereas respondent nos.1 and 2 herein i.e. original accused nos.1 and 3 came to be convicted for the offence punishable under Section 324 of IPC, and were sentenced to suffer imprisonment till rising of the court, and were directed to pay fine of Rs. 1,000/-, each, in default of payment of fin...
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