Mumbai Aurangabad Court November 2014 Judgments
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Niranjan Vs. Priti
Court: Mumbai Aurangabad
Decided on: Nov-27-2014
P.C. 1. The petition is filed to challenge the order made by learned J.M.F.C. on Exhibit-57. The application was filed by present petitioner, husband, for giving permission to examine some witnesses and the same is rejected by the learned J.M.F.C. The proceeding is filed under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as the Act). Both the sides are heard. 2. In the proceeding, filed under section 12 of the Act, the wife, respondent has claimed the reliefs like compensation/ damages of Rs.5 Lakhs, make arrangement of separate residence at Aurangabad or to pay rent for the same, not to commit domestic violence against her, pay to her monthly maintenance of Rs.25,000/- etc. The application was filed on 29th June, 2012 and till today that application is pending. 3. The husband appeared in the aforesaid proceeding on 3rd September, 2012 and the say came to be filed on 20th September, 2012. Interim maintenance of Rs.5,000/- per month was gr...
Parvatibai and Others Vs. Hareshwar and Another
Court: Mumbai Aurangabad
Decided on: Nov-27-2014
Oral Judgment: 1. This petition was admitted by order dated 26.7.1991 and interim relief was granted to the petitioners in terms of prayer clause C-1 which reads as under:- Pending hearing and final disposal this writ Petition, the Judgment and order dated 26.6.1986 passed by learned President, Agricultural Land Tribunal Taluka Udgir in Case No.84/TNC/O/2 which is confirmed by Deputy Collector, Latur and Maharashtra Revenue Tribunal at Aurangabad on 6.4.1987, 16.6.1990 respectively may be stayed. 2. The submissions of Shri Chincholkar, learned Advocate for the petitioners with regard to the Civil Proceedings as well as Revenue proceedings are as under:- A. DETAILS REGARDING REVENUE PROCEEDINGS : (a) The petitioners are the legal representatives of Maharudrappa Baslingappa Swami. (b) Maharudrappa Baslingappa Swami purchased land from Limbabai w/o Gurlingappa Swami by registered sale deed dated 15.10.1968. (c) The land purchased by Maharudrappa Baslingappa Swami falls in Survey No.116-A ...
Dr. Gitanjali Narendra Thakur Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-26-2014
1. The application is filed under section 482 of the Code of Criminal Procedure for relief of quashing the proceeding of R.C.C. No.63/2012 presently pending in the Court of the Judicial Magistrate, First Class, Jamner. Both the sides are heard. 2. Regular Criminal Case No.63/2012 is a private complaint filed by the Appropriate Authority created under the provisions of Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'the Act'). The present applicant owns and runs ultra sound sonography centre. The Appropriate Authority paid visit to this centre with other officers and witnesses on 1-2-2011. Following irregularities were found :- (i) As per record one pregnant woman Ashabai Bhalekar was examined but Form 'F' was not maintained by the accused. Her declaration was also not obtained for such examination; (ii) it was noticed that Dr. P.B. Bhonde had referred some patients to this sonography centre but some referral slips...
Chalisgaon Education Society and Another Vs. The State of Maharashtra, ...
Court: Mumbai Aurangabad
Decided on: Nov-26-2014
1. Heard the learned Advocates for the respective parties at length. 2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final disposal. 3. The basic contention, by way of a grievance of the petitioners is that the Division Bench of this Court, having concluded that the State Information Commission ought to be a multi member Bench, the State Government, as yet, has either not taken a note of the pronouncement of this Court or is not taking steps for appointing a multi member State Information Commission. 4. While issuing notice to the respondents, the impugned order dated 3.7.2013 was stayed by this Court. 5. The case of the petitioners in brief can be summarised as under:- (A) The petitioner institute is an educational trust, registered under the provisions of the Bombay Public Trusts Act. (B) Respondent No.2 had sought information from the petitioner under the Right to Information Act. (C) As the said information was not made available to respondent ...
Deepak Nivrutti Rede Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-26-2014
1) The appeal is filed against judgment and order of Sessions Case No. 142/2013 which was pending in the Court of Additional Sessions Judge, Nanded. The Sessions Court has convicted and sentenced the appellant for offence punishable under section 304 Part II of Indian Penal Code and he is sentenced to suffer rigorous imprisonment for seven years. He is also directed to pay fine of Rs. 1,000/- and in default, sentence of R.I. for six months is given. Both the sides are heard.2) As per the case of prosecution, the incident in question took place on the night between 2.12.2012 and 3.12.2012. Accused, Deepak was living with his wife, Usha near Mujampeth, Tahsil and District Nanded. In the vicinity of his house, one Mahendra Edke was living and he knew both the accused and his wife Usha. On 2.12.2012 at about at about 7.00 p.m. Mahendra was passing by the side of the house of the accused and at that time, Usha was alone in the house. She invited him inside of the house. When she was saying ...
Vaishali Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Nov-25-2014
1. The application is filed under section 482 of the Code of Criminal Procedure to challenge the order made on Exhibit 14 in Sessions Case No.75/2013 by the learned Assistant Sessions Judge, Ahmednagar. The application filed by the original complainant, present applicant, for giving direction to make investigation under section 173(8) of the Code of Criminal Procedure (for short "the Code") is rejected by the trial Court by holding that the Courts of subordinate judiciary have no such power. 2. The case is filed by the police for offence under section 306 of the Indian Penal Code against respondent -Sanjay Diwate. Sanjay is managing one educational institute where deceased husband of the present applicant was working as Assistant Teacher. The deceased was terminated from service by issuing oral order. This order was challenged before the School Tribunal. The School Tribunal set aside the order and directed reinstatement of the deceased and to pay back wages. In view of this order, the ...
Dr. Makrand Balkrishna Patwardhan Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Nov-24-2014
N.W. Sambre, J. 1. Rule. Rule made returnable forthwith. By consent, heard finally. 2. The petitioner, pursuant to a complaint dated 20/10/2001 preferred for and on behalf of respondent No.2 in the matter of theft of electrical energy, suffered prosecution under the provisions Section 39, 44 and 50 of the Indian Electricity Act, 1910 and amended in 1986 (for short "said Act"). Pursuant to the said complaint, charge was framed against the petitioner for an offence punishable under Section 39 of the said Act on 04/09/2008 by Judicial Magistrate, First Class, Dhule in Regular Criminal Case No.624 of 2001. 3. Having regard to the policy of the Maharashtra State Electricity Distribution Company Limited (for short, "Distribution Company") particularly as reflected in Commercial Circular No.86 dated 25/07/2008, the petitioner approached the Superintending Engineer of the Distribution Company for compounding of offence. 4. The said request of compounding of offence was placed before the Court ...
Appa Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-24-2014
S.S. Shinde, J. 1] This appeal is filed by the accused, aggrieved by the Judgment and Order passed by the Sessions Judge, Ahmednagar, on 26.09.2011, thereby convicting the appellant for the offence punishable under Section 302 of IP Code. Appellant is sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, he shall undergo rigorous imprisonment for one year. 2] The case of the prosecution, in brief, is as under: The marriage between the accused and deceased Jaya, daughter of one Mohan Baburao Walhekar, was solemnized on 29.03.2003. After marriage, she started cohabiting with accused at his house at Bhavadi and gave birth to a son. Accused, however, used to ill-treat her on very minor causes, and used to give threats to kill her. One year prior to the date of the incident, on 24.05.2010, there was quarrel between accused and Jaya. Accused beat Jaya and left her at her parents' house. He did not come to see Jaya and son and, therefore, Jay...
Vijay Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-24-2014
Shinde, J. 1. This Appeal is filed by the appellant original accused, challenging his conviction for the offences punishable under Section 302 of the I.P. Code, to suffer imprisonment for Life and to pay fine of Rs.5,000/- in default to suffer rigorous imprisonment for one year, as per provision of Section 235 (2) of the Criminal Procedure Code. 2. The case of the prosecution, in brief, is as under: A lady by name Surekha Vijay Chavan, wife of the accused, was found dead in the house at about 6.30 a.m. on 20th December, 2010. She was taken to the Rural Hospital, Jamkhed. However, after medical examination, she was found in dead condition. Initially, A.D.No. 68/2010 was registered at 9.30 a.m. The concerned Police Officer made an inquiry about the said A.D. An inquest panchanama was prepared. Post mortem examination was done. The Medical Officer submitted post mortem report mentioning therein that, the death was due to shock due to head injury due to assault by hard and blunt object. T...
Syed Akram Ali Vs. Rubina Begum
Court: Mumbai Aurangabad
Decided on: Nov-20-2014
1. Heard learned counsels for both the parties. 2. The Petition is filed to challenge the Judgment and Order passed in Criminal Appeal No.73 of 2012, which was pending in the Court of 3rd Additional Sessions Judge, Aurangabad. In the proceedings filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short "Domestic Violence Act"), direction is given against the present Petitioner, husband to return Dahej (Jahez) articles to the Respondent or to pay Rs.2,00,000/- in lump sum towards the price of those articles to the present Respondent. 3. It is the case of the wife that the articles given in Jahez, which include ornaments, are in the custody of the husband and he has not returned those articles though the parties are living separate. In the proceedings filed under Domestic Violence Act, many reliefs were claimed but the aforesaid relief is granted by the Sessions Court in Criminal Appeal. This relief was refused by learned J.M.F.C. by making some ob...
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