Mumbai Nagpur Court September 2010 Judgments
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Shiv Son of Kisanlal Katare, Aged About 24 Years, Vs. the State of Mah ...
Court: Mumbai Nagpur
Decided on: Sep-28-2010
1. Present criminal appeal is preferred by sole accused against the judgment and order of conviction dated 4th January 2005 delivered by 2nd Adhoc Additional Sessions Judge, Nagpur in Sessions Case No. 187 of 2003. By the said impugned judgment and order, present appellant/accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/, in default, to suffer simple imprisonment for three months.2. Rival arguments were heard. Also perused the documentary as well as oral evidence which was led before the trial Court. Also perused the reasoning given by the trial Court while convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code.3. Prior to appreciating the arguments advanced on behalf of the appellant, certain factual position and admitted circumstances can be narrated in order to ascertain the perspective of the present case.4. Prese...
The Commissioner of Central Excise. Vs. M/S Ultratech Cement, and anr.
Court: Mumbai Nagpur
Decided on: Sep-27-2010
1. Heard. Admit on the following questions of law : "(1) Whether the Hon'ble CESTAT was correct in holding that the credit of Service Tax paid on Mobile Phone service is allowable especially when the Circular No. 59/8/2003 dated 20th June, 2003 issued by the Central Board of Excise and Customs under the Service Tax Credit Rules, 2002, restricted such credit, and statutory provisions of Rule 16(1) of CENVAT Credit Rules, 2004 stipulates that Board's Circular shall remain in force and valid for deciding the eligibility for Credit under CENVAT Credit Rules 2004. (2) Whether in the facts and circumstances of the present case the Hon'ble CESTAT was right in holding that the Respondents were entitled to avail Cenvat Credit on Service Tax paid on mobile phones services in terms of Rule 3 read with Rule 2(1) of the CENVAT Credit Rules, 2004 despite the Respondents not having established that the same was in relation to the business activity as envisaged under Rule 9(5) of the CENVAT Credit Rul...
Sheikh Said Sheikh Najir. Vs. the State of Maharashtra, and anr.
Court: Mumbai Nagpur
Decided on: Sep-27-2010
1. Rule. Rule is made returnable forthwith. Heard finally.2. Petitioner reported late by 585 days after availing furlough leave. By order dated 4th February, 1998, the Respondent No.2 had punished him for jail offence by forfeiture of remission at the rate of five days for each day s delay. This order was challenged by the petitioner by filing Writ Petition No. 674 of 2009.3. The challenge in Writ Petition No. 674 of 2009 was raised on the ground that the remission was for more than sixty days duration, however, the Respondent No.2, who was required under existing rules to take prior approval from Deputy Inspector General of Prisons, had failed to take the approval.4. This Court has allowed the Writ Petition No. 674/2009 by Judgment and Order dated 24th February, 2010 by setting aside order dated 4th February, 1998 passed by Superintendent, Central Jail, Amravati, and has remanded the case for a fresh decision according to law.5. After remand, a fresh Show-cause-Notice dated 9th March,...
Yashwanta S/O Vithobaji Dhapodkar, Aged About 54 Years, and ors. Vs. M ...
Court: Mumbai Nagpur
Decided on: Sep-22-2010
The challenge in this writ petition filed under Article 227 of the Constitution of India is to order dated 19.04.2010 passed below Ex. 69 in RCS No. 163/2009 by the Court of Civil Judge, Junior Division, Parseoni, District Nagpur, rejecting the objection to court fee and valuation of suit for declaration of title on the basis of its perfecting by adverse possession. This Court has issued notice for final disposal. Considering the nature of controversy, I have heard both learned Counsel finally by issuing Rule and making it returnable forthwith. 2. After coming to know that defendants No. 1 to 5 against whom the suit was filed have on 08.09.2009 sold the disputed property to defendant no. 6, plaintiffs (respondents before me) amended their plaint and added that purchase as defendant 6. They also added a relief that said sale deed should be declared as null, void and be cancelled. After said amendment, the defendants moved application at Exh. 69 contending that as sale consideration was ...
Vd. Arati Prabhakar Dubewar, Aged About 47 Years, Vs. Ayurveda Seva Sa ...
Court: Mumbai Nagpur
Decided on: Sep-21-2010
1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.2. By the present petition, the petitioner has put to challenge the communication dated 25.6.2009, issued by respondent No.2 Director of Ayurved, rejecting the proposal to appoint her in handicapped category she being above the prescribed age limit.3. In support of the petition, the learned Counsel for the petitioner made the following submissions. There is no dispute that the petitioner is qualified to hold the post of reader and accordingly she had appeared for the interview. It is true that her age at the time of advertisement was 45 years 08 months and 02 days i.e. above 45 years. The age limit prescribed by relaxation to the candidates belonging to handicapped category is 45 years. According to the learned Counsel for the petitioner, the petitioner was entitled to relaxation in addition by another three years since in the case of reserved categories, the State Governmen...
Sau. Kalpana W/O Jayant Kolarkar (Maiden Name Ku. Kalpana D/O Gopalrao ...
Court: Mumbai Nagpur
Decided on: Sep-21-2010
1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.2. By the present petition, the petitioner seeks direction to respondent No.2 Deputy Director of Education, Amravati Division, Amavati to grant approval to the transfer order dated 30.11.2006 of the petitioner and consequently, for setting aside the communications mentioned in prayer clause - (i) of the writ petition.3. In support of the writ petition, the learned Counsel for the petitioner made the following submissions. Since the order of her initial appointment the petitioner has been working as assistant teacher in New English High School (NEHS), Akola and was transferred by the order of promotion dated 14.9.2006 as due to retirement a post of lecturer in New English Junior College (NEJC), Akola run by the same Management had fallen vacant. The approval to her appointment by transfer was however rejected by respondent No.2 on 20.09.2006 since her appointment in Junior Co...
Director, Postal Services, Nagpur Region, and ors. Vs. Sanjay S/O Govi ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.2. All these writ petitions, filed by the Director Postal Services, Nagpur and others, arose out of the common judgment dated 9.10.2009, passed by the Central Administrative Tribunal, Mumbai, Camp at Nagpur, by which the Original Applications filed by the respective respondents in these writ petitions were allowed in terms of paragraph No.8 of the Original Applications, meaning thereby that the Central Administrative Tribunal directed reinstatement with payment of T.R.C.A. from the date of termination till date of reinstatement and continuity of service.3. In support of the writ petitions, the learned Counsel for the petitioners made the following submissions. (1) Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in character and the Tribunal erred in treating the same as mere departmental instructions. (2) Rule 4 (C) (3) of the said Rules empower the super...
Edlya @ Eda Pyarsingh Waskale Aged 25 Years, Vs. the State of Maharash ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. This appeal is directed against the judgment and order dated 7th February, 2009 passed by learned Adhoc Additional Sessions Judge Khamgaon in Sessions Trial No.4 of 2008 whereby the appellant was found guilty of offences of kidnapping and raping a minor girl Pinky aged about 13 years.2. It is the case of the prosecution that the victim Pinky on or about 9.10.2007 at 5.00 p.m. had gone to Ghat Bhingara for grinding jwar in a flour mill, which was closed and, as such, Pinky halted at the house of her cousin, by name, Radkya Bhilala on that night. On the following morning, she got the jwar grinded from flour mill and was returning with her niece Ku. Sangeeta, aged about 5 years, by road. The appellant/ accused Edlya met her on the road near Bhendi Pahad and asked her to accompany with him saying that he wants to marry her. Despite steadfast spurning of the offer by the prosecutrix, he forcibly took her to his brother's house who also sided with the accused. Later the accused took her t...
Smt. Zaibunnisa D/O Late Mohd. Din, Aged About 68 Years, and ors. Vs. ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. On 18/6/2010 this Court has issued notice for final disposal and accordingly Writ Petition under Articles 226 and 227 of the Constitution of India has been heard finally by issuing Rule and making it returnable forthwith. Challenge is to order passed on 19/11/2009 by the 6th Additional Sessions Judge, Nagpur in Misc. Civil Appeal Nos. 187/2009 and 279/2008. Principal Small Cause Court has vide orders on 14/8/2008 passed below Exh. 25 rejected Respondent's prayer to serve Petitioner no.1 sister on whom the service of suit summons was later on found to be not valid and Appeal No. 279/2008 was directed against it. Small Cause Court had by separate order passed below Ex. 1 on same date dismissed the Suit under Order IX Rule 5 C.P.C. against Petitioner no.1 i.e. Defendant no.1 and Appeal no. 187/2009 questioned it. By common order dated 19/11/2009 both these Appeals came to be allowed.2. Petitioners before this Court are sister and brother against whom the Respondent landlord has filed a...
NitIn @ Chotu Shankar Govardhan Aged About 26 Years, Vs. Mr. C.N. Adgo ...
Court: Mumbai Nagpur
Decided on: Sep-16-2010
1. This appeal is directed against the judgment and order dated 28.1.2008 passed by learned Adhoc Additional Sessions Judge, Chandrapur in Sessions Case No.68/2007 convicting and sentencing the appellant for offences punishable under sections 376, 366, 363, 506 of the Indian Penal Code ( in short, " IPC") as below :For offence under Rigorous Fine In default section (IPC) Imprisonment Imposed (Rs) R.I. 376 7 years 1500 3 months 366 5 years 1000 2 months 363 5 years 500 1 months 506 1 year 300 15 days All sentences were to run concurrently with benefit of set off under section 428 of the Criminal Procedure Code, 1973 and and out of fine, if realised, Rs. 1,500/ was directed to be paid to Pranali as compensation.2. Brief facts of the prosecution story are : On 31.3.2007 at about 1 o' clock, the prosecutrix Pranali, aged about 12 years had gone with her friends to Ramala Talao Garden. The appellant had threatened her and her friends and compelled the prosecutrix to go along with him by sco...
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