Mumbai Nagpur Court October 2012 Judgments
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Rajendra Kasana Chavhan Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-25-2012
A.P. Bhangale, J. This appeal is preferred against the judgment and order dt.18.1.2011 passed by the learned Additional Sessions Judge, Pusad in Sessions Trial No.13 of 2000 whereby the appellants were found guilty of the offence punishable under Section 498-A r/w. 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for three years and to pay a fine in the sum of Rs.10,000/- each, in default to suffer rigorous imprisonment for six months each. Appellant Rajendra Kasana Chavan was also 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 a fine in the sum of Rs.10,000/-, in default to suffer rigorous imprisonment for one year. 2. It appears that no separate punishment was awarded to accused/appellant Rajendra for the offence punishable under Section 304-B of the Indian Penal Code. Appellant Raoji Kasana Chavan was acquitted of the offence punishable under Sections ...
Executive Engineer and Others Vs. Ragho S/O Laxman Badkal and Others
Court: Mumbai Nagpur
Decided on: Oct-23-2012
Oral Judgment: These appeals and cross appeals are arising from the judgment and award passed in between 28.9.2006 to 20.10.2006 by the Reference Courts at Kelapur - Pandharkawada, district : Yavatmal. The particulars of the survey numbers, land acquired, compensation granted by S.L.A.O. and by Reference Court are reproduced in the following chart: Sr. No.First Appeal NoSurvey No./Gat No.Total area (H.R.)Area acquired (H.R.)Name of owner1234561762/07310.880.88RaghoLaxman Badkal (Respdt)2860/07304.024.02JagoLaxman Badkal. (Respdt)31486/08 cross obj. 16/11320 3171.72 2.581.72 2.58PandurangMaroti Awari (Respdt)41487/08181.621.62RajendraprasadLaxman Gaikwad (Respdt)5165/09 Cross-Obj. 22/123012.232.23Anil Bapurao Ladke (Respdt)Compensation awarded by S.L.A.O.LAC No.Date of DecisionCompensation by Reference court78910Rs.27,000/- P.H. Rs.1,500/- P.H. for P.K.135/04 [Old 71/04]29/9/06Rs.85,000 P.H.Rs.27,000/- P.H. Rs.1,500/- P.H. for P.K.141/04 [Old 77/04]28/9/06Rs.85,000/- P.H.Rs.27,000...
Chandiram Dariyanumal Ahuja Vs. Akola Zilla Shram Wahtuk Sahakari Sans ...
Court: Mumbai Nagpur
Decided on: Oct-23-2012
A.P. Bhangale, J. 1. Appellant Chandiram is tenant while respondent/Akola Zilla Shram Wahatuk Sahakari Sanstha is landlord in respect of premises i.e. shop block in a building situated on Nazul Plot No.7, Sheet No.27/C, Old Cotton Market, Akola. Appellant/tenant was inducted in the suit premises under a Lease deed, dated 4th February, 1986 on a monthly rent of Rs.500/- payable in advance. Appellant had kept security deposit of Rs.1,00,000/- with the respondent-landlord. Appellant had actually occupied the tenanted premises with effect from 1st August, 1986. Tenancy month is governed as per English Calendar Month. Parties had agreed under the Lease deed that rent of the tenanted premises would be increased @ 20 % after every five years. Copy of Lease deed is on record which contains various terms and conditions. 2. The respondent-landlord filed Civil Suit No.22 of 2003 for eviction alleging inter alia that the appellant-tenant paid rent regularly till 31.1.1991. However, thereafter, the...
Gangaram S/O Krishnaji Hazare and Others Vs. State of Maharashtra Thro ...
Court: Mumbai Nagpur
Decided on: Oct-22-2012
Oral Judgment: All these four appeals are arising from the common judgment and award dated 28.2.1997 passed in L.A.C. No.97/1991 and 98/1991. 2] Lands bearing survey no.104 admeasuring 6.7 H.R. and survey no.114 owned by Gangaram and Bhaurao, respectively, were compulsorily acquired for construction of the residential quarters for the officers of the Western Coalfields, Ghughus, Chandrapur, vide notification dated 1.10.1987. The Special Land Acquisition Officer declared award on 20.12.1990. Dissatisfied with the amount of compensation awarded by the Special Land Acquisition Officer, both the land owners sought references. The learned Reference Court, after considering the evidence brought on record held that the compensation awarded by the Special Land Acquisition Officer was inadequate and therefore fixed the market value of the land @ Rs.38,000/- P.H. 3] Western Coalfields Limited - acquiring body, has preferred two separate appeals and the land owners dissatisfied with the qua...
PravIn S/O. Manohar Dhabekar and Others Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-20-2012
Oral Judgment: (A.P. Bhangale, J.) 1. This appeal is directed against the Judgment and Order dt.19.3.2012 passed in Sessions Trial No.170 of 2011 by the learned Additional Sessions Judge-5, Nagpur whereby the appellants were convicted of the offences punishable under Section 302 r/w. Section 149 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life and to pay a fine in the sum of Rs.200/- each, in default to further suffer rigorous imprisonment for 15 days. They were also convicted for the offence punishable under Section 143 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for three months and to pay a fine in the sum of Rs.100/- each, in default to suffer further rigorous imprisonment for 15 days. They were further convicted for the offence punishable under Section 147 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.100/- each, in default to further suffer rigoro...
Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as “BVB”.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority - Nagpur Improvement Trust (hereafter referred to as “N.I.T.”) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to t...
Kawadu Sakharam Chaudhary Vs. M.S.R.T.C. Thr.Divn.Controller, Chandrap ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
P.C. By this petition, the petitioner impugns an order passed by the Industrial Court, Chandrapur on 12/06/2012 allowing a revision filed by the respondent- Corporation and setting aside the judgment passed by the Labour Court on 17/02/2010. 2. The petitioner was working as a conductor with the respondent-Corporation. While he was discharging duty on 01/07/2008, the bus was checked and it was found that certain passengers were travelling without tickets. Though the petitioner had recovered the fare from passengers, it was found that tickets were not issued to them. After departmental enquiry was conducted against the petitioner, a show cause notice was issued to the petitioner as to why he should not be dismissed from service. The petitioner approached the Labour Court against the show cause notice. 3. The Labour Court on an appreciation of the evidence on record, came to the conclusion that the enquiry held against the petitioner was fair and proper and the principles of natural justi...
Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as BVB.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority Nagpur Improvement Trust (hereafter referred to as N.I.T.) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to the respondents named in the P.I.L. ...
Vidarbha Irrigation Development Corporation, Through Its Executive Eng ...
Court: Mumbai Nagpur
Decided on: Oct-18-2012
Oral Judgment 1. These nine appeals are arising out of the judgments and awards passed on the dates between 2/5/2009 to 23/2/2011 by the learned reference Court in various references sought by the land owners, whose lands situated at village Pahur, Tq. Babhulgaon, Distt. Yavatmal, were compulsorily acquired for the public purpose i.e. Bembla Irrigation Project vide notification dated 11/5/2000. The Special Land Acquisition Officer (for short “S.L.A.O.”) declared the award on 23/4/2004. The necessary details of the lands acquired like area, gat number, name of owners, compensation granted by the S.L.A.O. and thereafter enhanced by the learned reference Court are reproduced below in a tabular form : Date of Notification:- 11/05/2000 Name of Project :Bembla Project, Village - Pahur, Dist. Yavatmal. Date of award by S.L.A.O.:- 23/4/2004. Sr. NoCase No.Survey No./ Gat No.Total areaArea acquiredName of ownerCompensation Awarded by S.L.A.O.LAC No.Date of DecisionCompensation...
Vidarbha Irrigation Development Corporation, Through Its Executive Eng ...
Court: Mumbai Nagpur
Decided on: Oct-18-2012
Oral Judgment 1. These nine appeals are arising out of the judgments and awards passed on the dates between 2/5/2009 to 23/2/2011 by the learned reference Court in various references sought by the land owners, whose lands situated at village Pahur, Tq. Babhulgaon, Distt. Yavatmal, were compulsorily acquired for the public purpose i.e. Bembla Irrigation Project vide notification dated 11/5/2000. The Special Land Acquisition Officer (for short S.L.A.O.) declared the award on 23/4/2004. The necessary details of the lands acquired like area, gat number, name of owners, compensation granted by the S.L.A.O. and thereafter enhanced by the learned reference Court are reproduced below in a tabular form : Date of Notification:- 11/05/2000 Name of Project :Bembla Project, Village Pahur, Dist. Yavatmal. Date of award by S.L.A.O.:- 23/4/2004.Sr. NoCase No.SurveyNo./Gat No.TotalareaArea acquiredName of ownerCompensation Awarded by S.L.A.O.LAC No.Date of DecisionCompensation by Reference court1863/1...
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