Mumbai Nagpur Court June 2012 Judgments
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The State of Maharashtra Vs. Uddhav Son of Kashinath Chandekar and Ano ...
Court: Mumbai Nagpur
Decided on: Jun-28-2012
Oral Judgment: 1. By this appeal, the appellant-State has challenged the legality and validity of judgment and order dated 31st August 2000 passed by the Special Judge, Chandrapur in Special Case No. 4 of 1989 whereby the respondents have been acquitted of the offences punishable under Section 5 (i) (d) r/w Section 5 (2) as also Sections 7 and 13 (1) (d) (punishable under Section 13 (2) of the Prevention of Corruption Act. 2. Learned Additional Public Prosecutor has argued that the Special Court erred in holding that the prosecution has not proved its case beyond reasonable doubt. He contends that both demand and acceptance of the amount of Rs. 50/- as illegal gratification has been proved on record. He urged that as per Criminal Manual, only one rupee stamp was required to be affixed on bail bonds and, therefore, demand of Rs. 50/- by the accused for court fee stamp was illegal and it amounted to illegal gratification. He further submitted that accused no. 2 had no authority in law to...
Sau. Shailaja Rajendra Badwaik and Others Vs. Hon'ble Minister, Depart ...
Court: Mumbai Nagpur
Decided on: Jun-27-2012
By the present petition, the petitioners have put to challenge the order dated 30.10.2010 passed by the State Government in Revision No. FLR-1310/RA-46/SE-2, by which the revisional authority has set aside the orders dated 20.2.2010 and 22.6.2010 passed by the Collector, Nagpur, and Commissioner, State Excise respectively; and after allowing the revision preferred by respondent no.4 directed the Collector, Nagpur, to grant him FL-III licence, in the housing or residential colony, namely Raghuji Nagar, Nagpur. 2. FACTS: Petitioners are residents of Vidarbha Housing Board Colony, Raghuji Nagar, Nagpur. The residential houses in this colony are located on the road which is interior in the sense that the same is not a road with full commercial activities but falls on a side of the main road where commercial activity with a few liquor Bars and shops is carried out. Respondent no.4 Atul Jaiswal somewhere in the year 1997 purchased a residential house in the said Vidarbha Housing Board colony...
National Insurance Co.Ltd. and Another Vs. Parbatabai Alias Parvatabai ...
Court: Mumbai Nagpur
Decided on: Jun-25-2012
Oral Judgment: 1. This is an appeal under Section 173 of the Motor vehicles Act by original respondent no.1 assailing judgment and award dated 28.03.1994 passed by Motor Accident Claims Tribunal, Chandrapur in M.A.C.P.No.44/1988 whereby the applicant nos. 1 to 7respondents herein were granted compensation of Rs.2,73,000/- on account of death of Satish Ramteke in motor vehicular accident occurred on 17.02.1988 in Lalpeth Colliery, Chandrapur. 2. The learned tribunal, after considering the income and age of the deceased, assessed the loss of dependency at Rs.14,400/- per annum and by adopting multiplier of 20 arrived at figure of Rs.2,88,000/- and directed the respondents to pay the said amount inclusive of no fault liability of Rs.15,000/-. 3. Mr. Khanzode, learned counsel for the appellant, submitted that the amount of compensation awarded by the learned Tribunal is exorbitant. According to him, by choosing wrong multiplier of 20, irrespective of age of the claimants, the learned tribu...
The State of Maharashtra Vs. Ramashankar S/O. Bhura Rajbhat
Court: Mumbai Nagpur
Decided on: Jun-25-2012
Oral Judgment: 1. The State of Maharashtra has challenged validity and legality of the judgment and order dt. 13.3.2000 passed in Criminal Appeal No.9 of 1997 whereby the learned Sessions Judge, Chandrapur was pleased to set aside conviction of the respondent/accused for the offences punishable under Sections 304A, 279 and 337 of the Indian Penal Code. 2. The facts, in brief, are as under: It appears to be the case of prosecution that, on 22nd May, 1995, at about 10.30 to 11.00 p.m. an accident occurred on Pathanpura road in Chandrapur city when, according to the prosecution, a scooter rider with his wife and two children as pillion riders were travelling by a scooter, which was dashed by a truck driven by the respondent/accused. Result of the said dash was that the wife of the scooter rider and his two children died as the rear side wheel of the truck ran over them. It is alleged that, due to the accident, the truck driver ran away. However, he was apprehended subsequently. The incide...
Madhav Shriramji Khadse Vs. Rajiv Ramrao Ghatol and Another
Court: Mumbai Nagpur
Decided on: Jun-21-2012
1. Heard Mr. P.S. Wathore, learned Counsel for the applicant, Mr. A.M. Ghare, learned Counsel for non-applicant No.1 and Mr. C.N. Adgokar, learned Additional Public Prosecutor for non-applicant No.2. 2. Admit. Heard finally by consent of learned Counsel for the parties. 3. The applicant was the original accused in Summary Criminal Complaint No.1288/2008 decided by the Judicial Magistrate First Class, Akola. The applicant was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act by order dated 15-02-2010. The non-applicant No.1/original complainant filed an appeal before the Sessions Court, Akola under proviso to Section 372 of the Criminal Procedure Code. The said appeal was admitted by the learned Additional Sessions Judge, Akola on 06-4-2010 by following order: “Heard Admit. Call R and P,. Issue bailable warrant of Rs.15,000/- against respondent No.1 returnable on (r/o) on dated 10-05-2010 notice to respondent No.2.” 4. On receipt of noti...
Shriram General Insurance Co. Ltd. Vs. Smt. Umadabi W/O. Mohd. Satar a ...
Court: Mumbai Nagpur
Decided on: Jun-19-2012
ORAL JUDGMENT: This appeal is directed against the order dated 15/03/2011 passed by the Member, Motor Accident Claim Tribunal, Pusad in M.A.C.P. No. 45/2010, whereby claim on the principle of “no fault liability” lodged under Section 140 of the Motor Vehicles Act (in short “the Act”) was allowed. The original opponent nos. 2 and 3 were jointly and severally ordered to pay half of the amount of “no fault liability” i.e. Rs.25,000/- and remaining half was to be paid by original opponent nos. 4 and 5 jointly and severally. The appellant before this Court is the original opponent no.5. 02] Two vehicles bearing nos. MH-34/M/6271 and MH-26/H/6832 were involved in an accident, which occurred on 17/11/2009 on Wani-Yavatmal Road. The deceased was cleaner on truck bearing no. MH-26/H/6832. While the truck bearing no. MH-34/M/6271 was proceeding ahead, the truck bearing no. MH-26/H/6832 coming from behind dashed against the truck ahead of it. Deceased sustained...
The City of Nagpur Municipal Corporation, Through Its Commissioner Vs. ...
Court: Mumbai Nagpur
Decided on: Jun-15-2012
Heard. Admit on the following substantial question of law: A] Whether the relief granted in the nature of permanent injunction restraining the defendant, his agents, and servants from demolishing the suit house, is sustainable in law, particularly when defendant is a public authority and acts under the provisions of the City of Nagpur Corporation Act and holds the power to demolish illegal construction whenever it is noticed? Notice to respondent. Mr. Gadhiya h/f Mr. Ghare, accepts notice on behalf of respondent. With the consent of the parties, the appeal is heard finally. This second appeal is directed against the judgment and decree dated 3.3.2003 passed by the Joint Civil Judge, Junior Division, Nagpur in R.C.S.No.838/2002 and confirmed by the District Judge-7 Nagpur in R.C.A.No.209/2003 by judgment dated 28.4.2010. 2] The facts in nutshell are thus:- The plaintiff-respondent herein is owner of the house bearing Municipal Corporation No.77 Sheet no.77, City Survey No.1913, situated...
Vaibhav S/O Khushalrao Tijare and Another Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-13-2012
Smt. Sadhana S. Jadhav, J. 1. Both these appeals arise out of the judgment and order dated 27.1.2012, rendered in Sessions Case No.124/2010, by the Additional Sessions Judge, Chandrapur. The appellants in both these appeals were charged for the offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code and Section 5 read with Section 25 (1)(a) of Arms Act. 2. The appellant in Criminal Appeal No.57/2012 is convicted for offence punishable under Section 302 of I.P.C. and is sentenced to imprisonment for life and to pay fine of Rs.5000/- in default rigorous imprisonment for 6 months. He is also convicted for offence punishable under Section 201 of I.P.C. and sentenced to rigorous imprisonment for 5 years and to pay fine of Rs.1000/- in default rigorous imprisonment for 1 month. He is also convicted for offence punishable under Section 25 (1)(a) of Arms Act and is sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.1000/- in default rigoro...
Dr. Meena Vs. the Vice Chancellor and Others
Court: Mumbai Nagpur
Decided on: Jun-11-2012
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 judgment and order dated 28.2.2011, passed by the Presiding Officer, University and College Tribunal, Nagpur in Appeal No.N-4/2006, by which the appeal was returned to the appellant for presentation to the proper forum, upon holding the appeal to be not maintainable under Section 59 of the Maharashtra Universities Act, 1994, against the order of retirement from service of the petitioner, she being declared invalid by the Medical Board. 3. In support of the writ petition, Advocate Shri Sundaram for the petitioner vehemently argued that Section 59 of the Maharashtra Universities Act, 1994 provides for appeal for challenging even the 'otherwise termination', besides dismissal, removal or reduction in rank. According to him, the petitioner was finally served with an order dated 21.2.2007 that she was found to b...
President and Others Vs. Smt. Savitri W/O Pushpashil Patel and Another
Court: Mumbai Nagpur
Decided on: Jun-11-2012
Oral Judgment: 1. This petition challenges the order dated 24-4-2006 passed in Contempt Petition No.12 of 2005 by the presiding Officer, Additional School Tribunal, (Nagpur) Chandrapur, in exercise of its power under Section 11(3) of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 (for short, “the MEPS Act”), holding that the respondent No.1 is entitled to back wages since 7-5-1988 till her retirement on superannuation. The order further directs the respondent No.2-Education Officer to deduct from non-salary grants due and payable to the petitioners, the amount of arrears and emoluments of the respondent No.1 for the said period, as per the revised pay-scale and to pay the same directly to her. 2. Such of the facts as are relevant for the purpose of deciding the controversy in the present case, are stated below: By the judgment and order dated 29-11-1988, the School Tribunal allowed the Appeal STN No.88 of 1988 filed by the responde...
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