Mumbai Aurangabad Court December 2014 Judgments
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The Maharashtra Public Commission Through its Secretary Vs. Dr. Digamb ...
Court: Mumbai Aurangabad
Decided on: Dec-24-2014
S.V. Gangapurwala, J.1) The petitioner Commission published advertisement inviting application from the interested candidate for filing up the post of Education Officer. Pursuant to the said advertisement respondent No. 1 submitted his application. As per clause 4 of the advertisement, it is stated that the age of the candidate for reservation category should not be more than 45 years. The respondent No. 1 on the date of submitting application was 47 years 6 months and 14 days. After screening test, inquiry was conducted. The candidature of respondent No. 1 is rejected on the ground that he is over age.2) The respondent No. 1 aggrieved by the rejection of his candidature on the ground of age, filed Original Application bearing No. 775/2011 before the Maharashtra Administrative Tribunal, Aurangabad. The tribunal allowed the Original Application and directed the present petitioner to allow the respondent No. 1 to participate in the selection process and to give benefit of age relaxation ...
The State of Maharashtra Vs. Soma Laxman Nikam
Court: Mumbai Aurangabad
Decided on: Dec-24-2014
S.S. Shinde, J. 1. This Appeal is filed by the State, challenging the Judgment and Order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jalgaon in Sessions Case No. 124 of 1992, thereby acquitting the accused for the offence punishable under Section 302 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: The case of the prosecution is that the deceased [a deserted married woman] was residing with her parents at Fekari. The parents of deceased agreed to purchase a house and earnest amount Rs.2,000/- was paid. But sale deed was not executed. Accused are related to both purchaser and seller. A serious dispute arose in between deceased and her family members and accused. Due to this, accused on 14.08.1991 around 2.30 set the deceased on fire resulting in her death. She was taken to Hospital by her grandmother and other relatives. She died on 15.08.1991. Two dying declarations were recorded; one by Police Head Constable and other by E...
Anil Diggikar and Others Vs. Balaji and Another
Court: Mumbai Aurangabad
Decided on: Dec-23-2014
N.W. Sambre, J. 1. Rule. Rule is made returnable forthwith and by consent, the matter is heard finally. 2. By the instant Criminal Application under section 482 of the Code of Criminal Procedure, the applicants/accused seek quashing of proceedings of S.C.C. No.245 of 2008, pending on the file of Judicial Magistrate First Class, Palam, District Parbhani, for offences punishable under sections 323, 504, 506 read with sec. 34 of the Indian Penal Code. 3. Facts of the case, in a nutshell, are as under:- A statutory Corporation of the State Government, namely, Maharashtra Energy Development Agency (hereinafter referred to as the "MEDA", for the sake of brevity) was formed with an intention to canvass the cause of conservation of energy. Among the various activities undertaken by the MEDA, one of the activities was of installation of chulhas in various villages and as such entered into business with respondent no.1 (hereinafter referred to as the "complainant", for the sake of brevity) for s...
The State of Maharashtra Vs. Pratapsing Kalyansingh and Others
Court: Mumbai Aurangabad
Decided on: Dec-19-2014
S.S. Shinde, J. 1. This appeal is filed by the State of Maharashtra, aggrieved by judgment and order passed by the 3rd Additional Sessions Judge, Nanded on 30th August, 1995, thereby acquitting the Respondents for the offence punishable under section 307 r/w 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: (i) That, the complainant Vandanabai w/o Satyanarayan Thakur is the resident of Gadipura, Renuka Mandir, Nanded. Vandana has two sons namely Dhanraj and Dhanprakash. She has one daughter by name Rajkumari. Vandana's husband Satyanarayan is electrician by profession and does the work of repair of fans and electric motors. At the time of incident, Vandana was residing with her husband and children in the house in Gadipura area. Satyanarayan has two married sisters namely Vimalbai and Karunabai. (ii) Accused and complainant Vandana at the relevant time were residing in the same Wada situated at Gadipura. Accused Nos.2, 4, 5 and 6 are the sons of accuse...
Fazal Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Dec-19-2014
1. Rule. Rule made returnable forthwith. Heard both the sides by consent for final disposal. 2. The present proceeding is filed under Chapter XXV of the Code of Criminal Procedure and under section 482 of the Code to challenge the order made by the learned Additional Sessions Judge in Sessions Case No.300/2013 on Exhibit 7. The application at Exhibit 7 was filed under section 330 of the Code and it was contended that the applicant is of unsound mind and so he needs to be released on bail for giving him proper treatment and for keeping him in proper and safe custody. It appears that the learned Judge of the trial Court made an order of medical examination of the accused through the Medical Board at Nagpur. The learned Judge of the trial Court has considered that report. However, the learned Judge has made some observations with regard to few facts noticed by the predecessor of the trial Court to the effect that the predecessor had made some inquiry with the accused in jail and he did no...
The State of Maharashtra and Others Vs. Yuvraj and Others
Court: Mumbai Aurangabad
Decided on: Dec-17-2014
S.S. Shinde, J. 1. In Sessions Case No.100 of 2012 the learned Additional Sessions Judge, Jalgaon has awarded death sentence to the accused no.1 therein, the proceedings in the said case, have been therefore forwarded to this Court for confirmation under section 366 of the Criminal Procedure Code. The accused no.1-Yuvraj Kashinath Sabale and accused no.2- Pankaj Maruti Sandanshiv have also preferred an appeal, which was admitted by this Court and same is registered as Criminal Appeal No. 29 of 2014. So also accused no.3Maheshkumar Rameshchandra Varma has also preferred an appeal, which was admitted by this Court and same is registered as Criminal Appeal No.21 of 2014. As all the matters are arising out of onejudgment, the arguments in these matters are simultaneously heard and we find it expedient to decide all these cases by common judgment. However, since the very conviction has been challenged by the convicts, the only proper course would be to first decide the Criminal Appeals so f...
National Insurance Company Ltd. Vs. Kashinath s/o Tikaram Baviskar (Ko ...
Court: Mumbai Aurangabad
Decided on: Dec-12-2014
Oral Judgment: 1. Heard learned counsel for appearing parties. 2. This appeal has been preferred by the insurer-company against the order dated 11-06-2013 passed by the Member, Motor Accident Claims Tribunal at Amalner, on Exhibit-6 in Motor Accident Claims Petition No.43 of 2010, raising a ground that the insurer was to bear the liability arising out of the accident only in case the tractor bearing No.MH-18-N-3884 which was insured with the appellant had been used for agricultural purpose and not otherwise. 3. In the present case, it appears that on 30-09-2009 at about 1.30 p.m., the deceased Jitendra was sitting on bonnet of the tractor bearing No.MH-18-N-3884 which was then stationary and he was chit-chatting with other persons. At the relevant time, said tractor was suddenly started to be driven and collided with stationary tractor bearing No.MH-19-AN-3258 and in the accident Jitendra had sustained injuries and had succumbed to the same. 4. The case of the appellant, as had been pl...
Syeda Badar Jahan Vs. The State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Dec-11-2014
Shinde, J.1. This application has been filed with the following main prayer:(C) This criminal application may kindly be allowed by quashing and setting aside the impugned F.I.R. bearing Crime No.I42/2014 dated 17/2/2014 registered with City Chowk Police Station, Aurangabad for offences punishable under Section 420, 406, 468, 471, read with 34 of I.P.C.2. Rule, returnable forthwith. By consent of the parties, taken up for final hearing.3. This Court, by order dated 22nd August, 2014 referred the parties to the mediator on their willingness to settle the dispute before the mediator. It appears that the parties appeared before the mediator and agreed for settlement on certain terms and conditions. The mediator's report dated 4th December, 2014 with terms of compromise agreed between the parties and duly verified before the Chief Judicial Magistrate, Aurangabad has been placed on record.4. The respondent No.2 filed the affidavit-in-reply on 21st August, 2014. In pursuance to the compromise...
Vilas Vs. Hindustan Petroleum Corporation Ltd.
Court: Mumbai Aurangabad
Decided on: Dec-11-2014
B.P. Dharmadhikari, J. 1. Both these petitions challenge the rejection of offers submitted by respective petitioners to the respondents / Oil Company, in pursuance of the public invitation in various newspapers in September 2013. This advertisement was published in 'Daily Lokmat' on 29th September 2013, and last date for submitting the application was 29-10-2013. As the petitioners have found not eligible and the grounds are common, we have heard both the matters together, by issuing Rule and making it returnable forthwith with consent of parties. 2. The learned Senior Adv. Mr. R.N. Dhorde with Adv. Mr. P.S. Dighe argued the matter for the petitioner in Writ Petition No.9467 of 2014, while Adv. Mr. A.V. Patil Indrale advanced the arguments on behalf of other petitioner. Adv. Smt. Anjali Dube (Vajpayee) appeared for the concerned Oil Company in both the matters. The learned ASGI Mr. S.B. Deshpande has filed appearance for respondent no.1 - Union of India, in Writ Petition No.9511 of 201...
Venkatesh Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Dec-10-2014
S.S. Shinde, J. 1. This appeal is filed by the appellant, aggrieved by the judgment and order passed by the Additional Sessions Judge, Osmanabad on 27th January, 2012, thereby convicting the appellant for the offence punishable under section 302 of Indian Penal Code and sentencing to suffer imprisonment for life and to pay fine of Rs. 500/-, in default, to suffer further S.I. for one month. 2. The case of the prosecution, in brief, is as under: (i) On 01.02.2011 P.W. 2 Hanumant Ramrao Kolangade Police Head Constable was on duty in Police Chowki located in Civil Hospital, Osmanabad. P.W. 1 Dr. Sushilkumar Shivajirao Sarade was a duty Medical Officer present in the hospital on 01.02.2011. At about 12.20 p.m. Radha Venkatesh Kaulge was admitted in Civil Hospital, Osmanabad in burn condition. P.W.1 Dr. Sarda after examining her, informed the duty Police constable P.W.2 Hanumant Kolangade. P.W.2 Hanumant Kolangade came to the hospital for recording the statement of Radha. P.W. 1 Dr. Sarade ...
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