Mumbai Aurangabad Court June 2012 Judgments
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Ganesh S/O. Rameshwar Deshmukh and Another Vs. the State of Maharashtr ...
Court: Mumbai Aurangabad
Decided on: Jun-29-2012
1. Both the applications are filed for relief of anticipatory bail in C.R. No. 4/12 registered with Nandurbar Taluka Police Station, District Nandurbar. The crime is registered in respect of the contravention of clauses 7, 8 (1), 13 (2), 19 (iv) and 35 of the Fertiliser (Control) Order, 1985 (for short 'Order of 1985'). The contravention of these clauses is made punishable under section 3 read with 7 of the Essential Commodities Act, 1955. Both the sides are heard. The papers of investigation were made available and this Court has perused the same. 2. The crime is registered on the basis of report given by a Fertiliser Inspector, who is also working as an Agricultural Officer of Panchayat Samiti. The action was taken by Agricultural Officer and police, after receipt of a complaint that illegal manufacturing activity in respect of fertiliser was going on in village Varul, District Nandurbar. 3. When police and the Agricultural Officer went to the spot with panchas, they noticed that man...
Shivaji S/O Kashinath Kakde Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jun-28-2012
Oral Judgment: 1. By the present appeal, the appellant has questioned the legality and correctness of his conviction for the offence punishable under section 304 Part I of the I.P. Code for which he is sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs. 1000/-, with the default stipulation to undergo further rigorous imprisonment for one month, in Sessions Case No. 101/2010, by judgment and order dated 22nd August, 2011 passed by the learned Sessions Judge, Latur. 2. Such of the facts as are necessary for the just decision of this appeal can be summarized as follows: (a) One Laxmi Balaji Kakde was admitted in the Civil Hospital, Latur on 5th August, 2010. On her admission, she was medically examined, but she was found dead. Around 10 p.m. or so on that day, Dr. Siddiqui, attached to Civil Hospital, Latur passed on the information in writing to the police chowki attached to the Civil Hospital, Latur. ASI Narayan Bhujang Ranzunjare (PW9), who was attached ...
Sau. Vijaya SachIn Anurkar (Gurav) Vs. SachIn Vasantrao Anurkar (Gurav ...
Court: Mumbai Aurangabad
Decided on: Jun-28-2012
Oral Judgment: Rule. Rule made returnable forthwith. With the consent of the parties heard finally. 2. This application is filed by the applicant-wife for transfer of the proceedings in Hindu Marriage Petition No. 608 of 2011 filed by the respondent-husband, pending in the Court of 8th Joint Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Jalgaon. 3. It is the case of the applicant that, her marriage with the respondent was solemnized on 19th July, 2010. Initially, good treatment was given to her, however, subsequently, relations between the applicant and the respondent were strained and as a result, the respondent-husband deserted the applicant-wife. The applicant herein filed Hind Marriage Petition No. 472 of 2011 in the Court of the Civil Judge, Senior Division, Jalgaon under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The applicant also filed Misc. Application No. 846 of 2011 in the Court of the Chief Judicial M...
Shri. Kashinath S/O Sukhlal Patil Vs. Smt. Vazirabai W/O KarimoddIn Sh ...
Court: Mumbai Aurangabad
Decided on: Jun-27-2012
This writ petition is filed challenging the judgment and order of the Maharashtra Revenue Tribunal, Bombay dated 12th February, 1992 in Revision Application No. Ten.A.148 of 1990 whereby the judgment and order passed by the Sub-Divisional Officer, Amalner Division, Amalner Division, Amalner dated 1st October, 1990 in Appeal No. TNC/Appeal 6/89 came to be reversed. 2. The back ground facts as disclosed in the writ petition are as under: The suit land is comprised in Gat No. 143 admeasuring 3 Hector and 46 Are, assessed at Rs.4/- and 6 paise situated at village pimpalbnhairav, Parola, District Jalgaon (For short, "suit land"). The petitioner was inducted as tenant on the suit land in the year 1952-53, by the husband of the respondent i.e. deceased Karimoddin. The suit land was previously divided in two survey numbers i.e. Survey No.61/2 admeasuring 4 Acres and 37 gunthas and pot kharab 15 gunthas, total area 3 Acres and 12 gunthas and Survey No. 61/3 admeasuring 3 Acre and 33 gunthas. Th...
The Executive Engineer Vs. the State of Maharashtra, Through Collector ...
Court: Mumbai Aurangabad
Decided on: Jun-27-2012
1. Heard learned counsel for the petitioner, learned AGP for respondent Nos. 1 and 2 and learned counsel for respondent No. 3-A. 2. Rule. Rule made returnable forthwith. By consent, heard finally. 3. During pendency of the writ petition, respondent No.3 Subhadrabai died and her legal heir i.e. respondent 3-A has been brought on record. Mr. Sonwalkar, learned counsel for the petitioner makes a statement that the order passed by this Court directing the petitioner to deposit the cost of ` 2000/- has been complied with. He also points out the noting made by the Registry that the amount has been deposited on 17.3.2011. 4. There is no dispute that before respondent No.2, deceased respondent No.3 Subhadarabai was the applicant, who had filed an application under Section 28-A of the Land Acquisition Act 1894 for enhancement of the amount of compensation, in view of the award passed by the civil court under Section 18 of the Land Acquisition Act in relation to the land acquired for the public ...
Kakasaheb Haribhau Kamble Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jun-25-2012
ORAL JUDGMENT: 1. The appellant, who stand convicted for the offence punishable u/s 376 of the Indian Penal Code and sentenced to suffer RI for 10 years and to pay a fine of Rs.1000/- in default to undergo further RI for one month by Sessions Judge, Osmanabad vide judgment and order dated 31.03.2011 rendered in Sessions Case No.16/2009, by this appeal questions the legality and correctness of his conviction and sentence. 2. Few facts, which are germane to decide the present appeal, may briefly be stated thus - a) Prosecutorix (Her name is withheld as per the directions of the Supreme Court), had lodged a complaint (Exhibit-26) on 10th November 2008 in Shirdhon police station against the appellant and pursuant to which an offence was registered by PW9 API Choure at Crime No.127/2007 u/s 376 of the Indian Penal Code. Investigation of the said crime was entrusted to PW7 PSI Jadhav. b) PW7 PSI Jadhav had visited the spot and had drawn the Spot Panchanama (Exhibit-35). Clothes of the ...
Smt. Kausalyabai Kisand Dhande Vs. Shri.Fakira Daula Tadvi, Since Dece ...
Court: Mumbai Aurangabad
Decided on: Jun-21-2012
This writ petition is filed challenging the judgment and order passed by the Maharashtra Revenue Tribunal, Camp Jalgaon, at Bombay dated 2nd August, 1991 in No. Rev.Trb.88 of 1986. 2. The background facts as disclosed in the petition for filing this writ petition are as under: The petitioner herein is the resident of village Rozode, Taluka Raver District Jalgaon. The suit land is comprised in Survey No. 12/1 admeasuring 0 Hector 98 Ares situated at village Savkhede Khd., Taluka Raver District Jalgaon. The suit land was previously held and owned by deceased Fakira Daula Tadvi, deceased Kasam Daula Tadvi and deceased Chandkha Daula Tadvi and they have sold the suit land to Shri. Lotu Iccharam Fagade of Rozode on 15th September, 1967 for consideration of Rs.3500/- and corresponding Mutation Entry No. 875 was mutated on 20th October, 1967. Thereafter, the petitioner herein purchased the suit land from Shri. Lotu Iccharam Fagade in the year 1972 for consideration of Rs.40,000/- and correspo...
Ganesh Waman Shevgaonkar, (Deceased) Per His L.Rs. and Others Vs. Mart ...
Court: Mumbai Aurangabad
Decided on: Jun-21-2012
Both these writ petitions take exception to the judgment and order passed in Regular Civil Appeal No. 341 of 1989 by the District Judge, Ahmednagar dated 2nd December, 1991 thereby confirming the judgment and order dated 20th February, 1989 passed by the Civil Judge, Junior Division, Ahmednagar in Regular Civil Suit No. 792 of 1983. 2. The present respondent i.e. original plaintiff filed Regular Civil Suit No. 792 of 1983 against Ganesh Waman Shevgaonkar for possession of three rooms on ground floor of House bearing CTS No. 5933, Municipal House No. 235. During the pendency of the suit, said Ganesh Waman Shevgaonkar expired and the petitioners herein who are the legal heirs of said Ganesh have filed written statement in the said suit, denying all the contentions of the original plaintiff. 3. The plaintiff claimed possession/eviction of the said 8 khans of the premises leased on the ground of (1) personal bonafide requirement, (2) default and (3) alternative accommodation acquired by th...
Haridas S/O Pralhadrao Ghumare Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jun-20-2012
Oral Order: 1] This application is filed for anticipatory bail in C.R.No. 30/2012 registered in Shivajinagar Police Station, Beed for offences punishable under Sections 3 and 7 The Essential Commodities Act, 1955 [hereinafter referred to as the Act]. Both sides are heard. Papers of investigation were made available. Copies of some documents are produced by the applicant also. 2] The applicant is a Contractor and he is engaged by the State Government for transporting the food grains from Government godown to concerned Tahsil. The food grains are required to be distributed through Public Distribution System to ration card holders. The applicant was expected to lift 340 bags of rice meant for persons belonging to Below Poverty Line [BPL] from Government godown of Kedgaon, Dist.Ahmednagar. The applicant engaged one truck and the bags were collected from Government godown. On the basis of information received by MIDC, Ahmednagar police, the truck was intercepted at Dehre Toll Naka when it w...
Habibabi W/O Nasibkha, Died Per L.Rs. and Others Vs. Reubai W/O Shripa ...
Court: Mumbai Aurangabad
Decided on: Jun-19-2012
Oral Judgment: 1) Heard. 2) This writ petition takes exception to the judgment and order dated 15th July, 1991 passed by Maharashtra Revenue Tribunal, Aurangabad, (for short, the Tribunal) in case No. 83/B/91A. 3) The background facts of the case as disclosed in the writ petition, are as under: (a) It is the case of the petitioner that the petitioner is owner of the agricultural land bearing Survey No.101/5, admeasuring 1 acre and 30 gunthas as “KolMala” situated at village Modhe Kh. Tq. Sillod, District Aurangabad. (b) The petitioner filed an application for recovery of possession under Section 32(2) r/w Section 44 of The Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter to be referred to as "the Act"), before the Additional Tahsildar, Sillod. The Additional Tahsildar decided the said application by judgment and order dated 25th April, 1989 in favour of the petitioner, directing to put the petitioner in actual possession of the land. (c) Being aggrieved, the ...
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