Mumbai Nagpur Court August 2011 Judgments
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Rajendra Ramlal Jaiswal and ors. Vs. the State of Maharashtra and anr.
Court: Mumbai Nagpur
Decided on: Aug-11-2011
Top of Form 1. Heard Mr. F.T.Mirza, Adv. for the Applicant, Mr.M.K.Pathan, A.P.P. for Respondent No.1/State and Mr.S.V.Sirpurkar, Adv. for Respondent no.2. 2. The applicants, by this application, have questioned the order dated 17.09.2010 passed under Section 156 (3) of the Code of Criminal Procedure by the learned 2nd Joint Judicial Magistrate Chandrapur, Whereby the police were directed to register the offences under Section 120-B read with Sections 420, 467, 468, 471 of the Indian Penal Code and to investigate in detail in respect of the allegations made by the Complainant against three persons by taking effective steps of the investigation. 3. The facts according to the Complainant (Respondent no. 2) are as under :- A complaint was lodged by respondent no. 2 Mohan and his wife Chaya against the Applicants on the ground that the Complainant had taken the loan about six years back from Applicant no.1 Rajendra @ Prakash Ramlal Jaiswal (professional money lender) in total sum of Rs Two...
Adiwasi Seva Sahakari Sanstha Vs. Hon
Court: Mumbai Nagpur
Decided on: Aug-11-2011
Top of Form 1) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard. 2) The above petition takes exception to the order dated 2/8/2011 passed by the Collector, Gondia whereby the Application of the petitioner Society for inclusion of the name of its delegate in the voters' list for participating in the elections to the Board of Directors of the Gondia District Central Cooperative Bank Ltd. came to be rejected. 3) In terms of the election programme for the said elections, the provisional list of voters was published on 18/5/2011. The petitioner Society is one of the Primary Societies, which is entitled to participate in the elections to the Board of Directors of the said Bank. In the provisional list of voters, against the name of the petitioner, there was a blank, thereby indicating that there was no delegate insofar as petitioner was concerned. The petitioner took an objection insofar as non-inclusion of its delegate is concerned by its let...
Bhaskar S/O. Haribhau Gotephode Vs. the State of Maharashtra and anr.
Court: Mumbai Nagpur
Decided on: Aug-10-2011
1. Heard the learned Counsel for the respective parties. 2. By this application u/s. 482 of the Code of Criminal Procedure, the applicant has prayed for to quash and set aside the F.I.R. No.3011 of 2011 lodged u/s. 3 (1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") r/w. Sections 294 and 504 of the Indian Penal Code. 2. It appears that the applicant and respondent no.2 are members of Village Panchayat, Barad Kini, Tq.Bramhapuri, District Chandrapur. Respondent no.2 is up-sarpanch. According to the applicant, there is political rivalry between the applicant and respondent no.2 and respondent no.2 had cut down "Gulmohar tree" in the School premises and had carried wood by bullockcart. Therefore, the applicant approached the Police Patil, who seized the wood and the bullockcart under Panchanama dt.23.1.2011 at about 11.00 A.M. It is further case of the applicant that F.I.R.No.8 of 2011 was lodged in respect of t...
Sonali D/O Bhimrao Khandate Vs. Maharashtra Animal and Fishery Science ...
Court: Mumbai Nagpur
Decided on: Aug-10-2011
Top of Form 1. Heard. 2. Rule. By consent, Rule is made returnable forthwith and is heard finally. 3. Challenge is to refusal to consider petitioner for admission to B.V. Sc & A.H. 2011-2012. The refusal is because petitioner did not furnish bonafide certificate for the year 2011-2012. 4. Advocate Mrs. Jog points out that petitioner passed 12th standard Board Examination in 2010-2011 and then took admission to B.Sc. Course 1st year in Fergusson College Pune. She appeared for MHT-CET examination conducted in 2011 and is placed at Sr. No. 232. According to her merit, she is eligible for admission. On erroneous ground that bonafide certificate is not produced, the admission has been rejected. Our attention has been invited to certificate of bonafide studentship issued by Fergusson College Pune on 29.6.2011 to contend that said certificate is proper and sufficient. 5. Attention is also invited to Clause 10 (v) which provides such student to make grievance and it is urged that such grie...
Sunil Dadaji Katole Vs. Bismillah Abbas and anr.
Court: Mumbai Nagpur
Decided on: Aug-10-2011
1. Heard Mrs.Anjali Joshi, Adv. for the applicant and Mr.Dhiraj Bhoyar, Adv. for respondent no.1. 2. By this application u/s.482 of the Code of Criminal Procedure, the applicant has prayed for to quash and set aside the order dt.8.2.2011 passed by the learned Sessions Judge, Wardha in Criminal Revision No.51 of 2010. 3. It appears that Misc. Criminal Application No.80 of 2008, u/s.125 of the Code of Criminal Procedure filed by the respondents was dismissed by the learned Judicial Magistrate, First Class, Seloo on 26.3.2010. The respondents had challenged the legality, propriety and correctness of the said order in Criminal Revision Application No.51 of 2010 in Sessions Court, Wardha. The learned Sessions Judge by the impugned order allowed the application for maintenance for minor applicant Sachin Sunil Katole directing the applicant herein to pay a sum of Rs.1,500/- p.m. towards maintenance of Sachin. However, the learned Sessions Court dismissed the application as far as grant of mai...
Gulabrao Kadwe and ors. Vs. State of Maharashtra and ors.
Court: Mumbai Nagpur
Decided on: Aug-09-2011
Top of Form 1. Admit. Taken up for final disposal forthwith by consent of parties. Heard learned counsel for the parties. 2. By this application, applicants have sought for quashing and setting aside FIR vide Crime No. 3019/11 registered with Police Station, Karanja for the offences punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Sections 323 and 506 of the Indian Penal Code. 3. Applicant no. 4 is Head-master of Jagdamba Vidyalaya which is run by Saraswati Mata Vidya Prasarak Mandal, Thanegaon. There are two groups in the said Society and there is lot of infighting between the members. Even though applicant no. 4 was appointed as a Head-master, he was not permitted to join by the rival group. Applicant no. 4's appointment was on the basis of directions given by this Court in writ petition no. 2884 of 2010. Applicant no. 4 with great hardship succeeded to join his post and after he joined, applicants exposed the ri...
Mansaram Shaligram Sawalkar and anr. Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-09-2011
1. Heard learned counsel for the applicant. Admit. Ms Kalyani Deshpande, learned Additional Public Prosecutor waives notice for respondent-State. Since the question involved in the application is very limited, the same is taken up for final disposal forthwith by consent of parties. 2. Applicants are accused in Sessions Trial No. 7 of 2010 and are facing prosecution for the offence punishable under Section 376 (g) read with Section 109 of the Indian Penal Code. After the evidence of the prosecutrix (P. W. 1) was over, applicants moved application for recalling her for the purpose of further cross-examination. It was stated that omissions and contradictions were not brought on record. 3. Even though there was no mention in the application that failure to bring on record omissions and contradictions were attributable to the earlier advocate, it was argued before the Sessions Court as well as before this Court that for the inefficiency of the lawyer, accused who are suffering serious accus...
Jaitunabi Shekh Musa Vs. Additional Commissioner Amravati Division and ...
Court: Mumbai Nagpur
Decided on: Aug-09-2011
Top of Form 1) Rule with the consent of the parties made returnable forthwith and heard. 2) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 18/05/2011 passed by the Additional Commissioner, Amravati Division Amravati, by which order the Appeal filed by the respondent No.3 herein came to be allowed and resultantly the order dated 24/01/2011 passed by the Additional Collector, Washim in Gram Panchayat Case No.41/BVP Act/16(2)/2009-2010 came to be set aside. 3) The petitioner herein was elected as a member of the Gram Panchayat Wara Jahagir, District Washim. The respondent No.3 herein had filed a complaint before the Additional Collector alleging that the petitioner is disqualified under Section 14 (1) (j-3) of the Bombay Village Panchayats Act on the ground that she has committed encroachment on Government land being Plot No.585 of the said village. The respondent No.3 in support of his case, relied upon Form No.8 mainta...
Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...
Court: Mumbai Nagpur
Decided on: Aug-09-2011
1. Heard Mr. Rajnish Vyas, learned Advocate for the Petitioner and Mr. S. V. Sirpurkar, learned Advocate for the Respondent No.1. 2. Rule, made returnable forthwith. Heard by consent of the parties. 3. The petitioner questioned the order dated 07/10/2009 passed by learned Judicial Magistrate, First Class, Pombhurna in Misc. Criminal Application No. 17/2008, as also order dated 09/08/2010 passed by the learned Additional Sessions Judge, Chandrapur in Criminal Appeal No. 132/2009. 4. It is the case of the petitioner that he had married with respondent no. 1 namely Gangubai about 19 years back, she resided with him for 3 years at Rajura, District Chandrapur and, then left matrimonial home and started residing with her parents. Respondent No. 2 is son of the petitioner, who according to the petitioner, has already attained the age of majority i.e. 18 years and is not entitled for the maintenance. The petitioner is facing proceedings initiated under Section 12 of the Protection of Women fro...
Mohmmad Shabir Shaikh Ajij and ors. Vs. the State of Maharashtra and a ...
Court: Mumbai Nagpur
Decided on: Aug-09-2011
Top of Form 1) Rule with the consent of the parties made returnable forthwith and heard. 2) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 16/06/2010 passed by the Executing Court i.e. the learned Civil Judge, Senior Division, Pusad, by which order the application at Exhibit-1 in M.J.C. No.62/2009 filed by the petitioners herein was partly allowed and out of the total amount of Rs.9,15,393/-, which is kept in FDR bearing No.SD/A 29 275192 in the State Bank of India Pusad Branch. The petitioners were held to be entitled to only an amount of Rs.2,82,794/- and the remaining amount of Rs.6,32,599/- was directed to be refunded to the State. The said M.J.C. proceedings being No.62/2009 has been filed for execution of the Award passed by this Court in First Appeal No.89/1995 decided on 3rd April, 2009. The Reference Court had 0908wp2292.11.odt 3/6 granted compensation to the petitioner at the rate of Rs.3,50,000/- per hectar...