Mumbai Nagpur Court November 2012 Judgments
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Krishnnanad S/O. S. Subbarao Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Nov-21-2012
Oral Judgment: Heard. 2. ADMIT. 3. Heard finally by consent. 4. The applicant has been convicted by the Judicial Magistrate, First Class for the offence punishable under Section 138 of the Negotiable Instruments Act. He has filed an appeal before the Sessions Court. The appeal has been admitted. The learned Additional Sessions Judge has directed the applicant to deposit 25% of the compensation awarded to the original complainant to be paid by the applicant. It is submitted that 25% of the compensation amount has been deposited by the applicant. The applicant has been ordered to be released on bail in the sum of Rs.10,000/- with one solvent surety. Grievance of the applicant is that the surety has not been accepted by the Appellate Court. He, therefore, applied for cash security. The learned Additional Sessions Judge/ Appellate Court, instead of passing any order on the prayer of the applicant for allowing him to furnish cash security instead of solvent surety, has directed the applican...
The Divisional Controller Vs. Shamrao S/O Sitaram Irpati and Others
Court: Mumbai Nagpur
Decided on: Nov-20-2012
Oral Judgment: This appeal arises from the judgment and award dated 27.10.2005 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.777/1997 whereby the claimants / respondents herein were awarded compensation of Rs.6,38,000/- on account of death of Rashi aged about 24 years, who had recently passed M.B.B.S. Examination and was undergoing the internship. 2] Accident occurred on 21.7.2000 on Ghat Road, Nagpur. Rashi was riding pillion on the motorcycle which was being driven by her brother. State Transport Bus bearing Registration No. MH-31-8211 coming from opposite direction dashed against the motorcycle. As a result of this, Rashi sustained injuries and died on the spot. The driver of the bus was charge-sheeted. Claimants are her parents and elder brother. 3] The appellant original respondent resisted the petition mainly on the ground that there was no negligence on the part of the driver of the bus. The learned Tribunal after assessing the evidence placed on rec...
Prashant S/O Gyaneshwar Hajare Vs. Narayan S/O Sadashiv Bondre and Oth ...
Court: Mumbai Nagpur
Decided on: Nov-20-2012
Oral Judgment: This appeal is directed against the judgment and award dated 12.1.2007 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.649/1999. 2] On 26.3.1999, Vasant, a pillion rider on the motorcycle bearing registration no. MH-31-V-7106, while proceeding on Nagpur - Bhandara Road, met with an accident. Vasant sustained serious injuries and succumbed to them. He was unmarried. His parents lodged claim for Rs.2,50,000/-. The tribunal after considering the evidence brought on record, held that the claimants are entitled to receive compensation from Prashant owner of the vehicle. The tribunal considered the income of the deceased and after applying multiplier of 17 granted total amount of compensation of Rs. 2,16,000/- inclusive of no fault liability amount. This judgment and award is questioned in this appeal mainly on the ground that the tribunal committed an error by deducting only 1/3rd income towards personal and living expenses of the deceased, and furt...
Homraj Hansaram Bisen and Others Vs. State of Maharashtra, Through Its ...
Court: Mumbai Nagpur
Decided on: Nov-20-2012
Oral Judgment: (B.R. Gavai, J.) 1. The petitioners have approached this Court challenging legality and validity of the Government Resolution dated 29.11.2010. The petitioners in all these petitions are either teachers or non-teaching staff employed by private school managements. Indisputably, when the petitioners were appointed in the schools in which they were appointed initially, were not admissible to hundred percent grant-in-aid at the time of their appointment and also on 1st November 2005. The Government of Maharashtra under various Government Resolutions has made applicable the provisions contained in the Maharashtra Civil Services (Pension) Rules to the full-time teachers and non-teaching staff in the non-Government/private aided schools. The last of such Pension Scheme was framed under the Maharashtra Civil Services (Pension) Rules, 1982. 2. The Union of India vide Notification issued by its Finance Department dated 22.12.2003 has made applicable Defined Contributory Pension S...
Vidarbha Co-operative Marketing Society Limited Vs. NitIn S/O Panjabra ...
Court: Mumbai Nagpur
Decided on: Nov-20-2012
Oral Judgment: Heard Mr. T.U. Tathod, learned Advocate for the applicant and Mr.Manish Gupta, learned Advocate for the respondent. 2. Admitted. Heard finally by consent. 3. The applicant is the complainant before the learned trial Court in Criminal Case No.423/2003 and respondent is the accused of the offence punishable under Section 138 of the Negotiable Instruments Act. The cheque in question was dated 27th November, 2002 for the amount of Rs. 1,40,000/-. The case of the applicant before the trial Court was that it was dishonoured on 27th November, 2002 itself. However, the intimation given to the applicant by the Bank i.e. Amravati District Central Cooperative Bank, Main Branch, Amravati was dated 5th November, 2002. 4. This mistake in the date of intimation received by the applicant from the Bank, was noticed by the applicant at the fag end of the trial and when the final arguments were in progress. The applicant, therefore, moved the learned trial Court for production of original ...
Dipak @ Sk. Salim Sk. Badru Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Nov-19-2012
Oral Judgment: (A.B. Chaudhari, J.) Being aggrieved by the judgment and order dated 28.3.2008 in Session Trial No.54/2006 passed by the Additional Sessions Judge, Akola, convicting the appellant/original accused for the offence punishable under Section 377 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and fine of Rs.1,000/- (Rupees One Thousand Only) in default rigorous imprisonment for one month and further convicting him for the offence punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to suffer imprisonment for life and fine of Rs.5,000/- (Rupees Five Thousand Only), in default simple imprisonment for fifteen days, the appellant above named has preferred this appeal. 2. In support of the appeal, the learned Counsel for the appellant made the following submissions. (A) That admittedly there is no direct evidence in the instant case in respect of the co...
State of Maharashtra, Through Its Secretary, Ministry of Irrigation an ...
Court: Mumbai Nagpur
Decided on: Nov-19-2012
Oral Judgment: This appeal arises from the judgment and award dated 21.8.1995 passed by the Motor Accident Claims Tribunal, Wardha in Motor Accident Case No.48/1988, whereby the learned Tribunal awarded the total amount of compensation of Rs.50,000/- to the respondent no.1 on account of the injuries sustained by him in the motor vehicular accident occurred on 9.6.1988 on Ashti - Drugwada road district Wardha, involving motor cycle bearing registration no. MGU-6473 and jeep bearing registration no. MHV-5743. 2] It was the case of the respondent that on 9.6.1988 he was proceeding from village Ashti to village Sahur by riding pillion on the motorcycle driven by respondent no.3. When their motor cycle was negotiating through the forest area, the truck driven by the appellant no.2 dashed against the motor cycle. He and respondent no.3 sustained injuries. He was required to undergo prolonged treatment and therefore under all the heads he claimed compensation of Rs.50,000/-. 3] The appellant ...
Sadashiv s/o. Ganpatrao Mahajan and Others Vs. the Hon'ble Minister fo ...
Court: Mumbai Nagpur
Decided on: Nov-19-2012
Oral Judgment: (B.R. Gavai, J.) 1. Admit. By consent, taken up for final hearing. 2. The appellants/Original Writ Petitioners have approached this Court by way of present intra Court appeals being aggrieved by the part of the findings, as recorded by the learned Single Judge of this Court in Judgment and Order, dated 16.8.2012 passed in Writ Petition No.956 of 2011 along with companion petitions. 2. The facts, in brief, giving rise to the present appeals, are as under: Respondent no.2/Divisional Joint Registrar, Co-operative Societies, Amravati, on the basis of the report of NABARD and the subsequent report by the District Deputy Registrar, Co-operative Societies, Yavatmal, had issued show cause notices on 26.2.2012 to fourteen Directors of respondent no.3/Yavatmal District Central Cooperative Bank, who are respondent no.4 respectively in each of these appeals, calling upon then to show cause as to why they should not be held to be 'disqualified' under the provisions of Section 73-EA o...
New India Assurance Co. Ltd. Vs. Smt. Sumita w/o Bhojraj Muneshwar (Ap ...
Court: Mumbai Nagpur
Decided on: Nov-06-2012
Oral Judgment: This appeal is directed against the judgment and award dated 19.03.2011, passed by the Chairman, Motor Accident Claims Tribunal, Yavatmal in Motor Accident Claim Petition No.91/2007, filed under Section 163-A of the Motor Vehicles Act, 1988 by the claimants. 2. On 23.07.2005 on Ralegaon-Wani road, an accident had occurred involving a Motor Cycle bearing registration No.MH-29-K-1891, driven by one Dharampal, the deceased and a Matador bearing registration No.MH-31-M-5833. In the said accident Dharampal sustained fatal injuries and died. The dependents of the deceased lodged a claim under Section 163-A of the Motor Vehicles Act before the Claims Tribunal. The learned Claims Tribunal on the basis of the evidence adduced by the parties, held that the deceased died in the motor vehicular accident involving a motor cycle and a matador. As regards the income of the deceased, the learned Tribunal assuming it to be Rs.3000/- per month and after deducting 1/3rd from the same, towa...
Kishor Rambhau Kinkar Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Nov-06-2012
Oral Judgment: (A.P. Bhangale, J.) The following appeals are being disposed of by this common judgment since the facts and offences are interrelated. Criminal Appeal No.542 of 2010 : KishorKinkar (original accused No.2) has filed this appeal feeling aggrieved by the judgment of conviction and sentence by the Additional Sessions Judge, Wardha dated 26.8.2010 in Special Case No.17 of 2009. Upon his conviction for the offence punishable under Section 176 read with Section 202 of the Indian Penal Code, accused Kishor Kinkar has been sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 5000/-, in default, to suffer further simple imprisonment for one month. 2. Criminal Appeal No.623 of 2010 : SachinLandge (original accused No.1) has filed this appeal feeling aggrieved by the judgment of conviction and sentence by the Additional Sessions Judge, Wardha dated 26.8.2010 in Special Case No.17 of 2009. Upon his conviction for the offences punishable under Section 376(2)...
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