Mumbai Nagpur Court August 2012 Judgments
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Zalaksingh S/O Tikarambhau Bisen and Others Vs. Pramodkumar S/O Prahal ...
Court: Mumbai Nagpur
Decided on: Aug-31-2012
1. This second appeal is directed against the judgment and decree dated 3rd September 1994 passed by Additional District Judge, Gondia in Regular Civil Appeal No.74/1994 whereby judgment and decree dated 31/7/1992 passed by the trial court in Regular Civil Suit no.34/1971 dismissing the suit was confirmed. 2. One Tikaram died leaving behind him three sons who are original plaintiffs 1 to 3 - appellants 1 to 3 herein and a widow who is original plaintiff no.4 - appellant no.4 herein. Plaintiffs pleaded that the land Khasra No.189, area 8.22 acres, situated at village Gondia (Buzruk.) was their ancestral property. During his life time Tikaram was addicted to vices. On 21/1/1959 Tikaram sold the land area 3.20 aces out of Kh. No. 189 to the defendants by executing sale deed. Plaintiffs filed Regular Civil Suit no.131/1963 against the defendants for setting aside the said sale deed. The judgment and decree passed in that suit was challenged in an appeal and now it has reached t...
Omprakash S/O Gyarsilal Agrawal Vs. Mahadeo S/O Bajirao Mamilwar and O ...
Court: Mumbai Nagpur
Decided on: Aug-30-2012
Oral Judgment: Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission as a notice of final disposal was issued to the respondents by an order dated 16.11.2011 and the respondents are duly served with the notice. 2. By this petition, the petitioner challenges the judgment passed by the District Judge-10, Nagpur, on 7.3.2011, dismissing the appeal on the ground that the same was not tenable. 3. The petitioner is the defendant-landlord. A suit was filed by the respondents-tenants for permanent injunction. An application was filed by the respondents for permission to repair the premises in question. The trial court appointed the Commissioner and also granted permission to the respondents to repair the house premises owned by the petitioner. The petitioner challenged the said order in Misc. Civil Appeal No.335/2010. Since there was some delay in filing the appeal, an application was filed by the petitioner for condonation of delay in filing the appeal....
Champalal S/O Chunnilal Paliwal, (Dead Through Lrs.) and Others Vs. th ...
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: (B.P. Dharmadhikari, J.) By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.12.1991 passed by the Chief Executive Officer, Zilla Parishad, Nagpur holding that the petitioner - Champalal could not have been retained in service, in public interest. Though this order mentions provision of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (hereinafter referred to as “the 1979 Rules” for short) or Rule 13(1) thereof, it is not in dispute that same reference needs to be construed as reference to Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as “the 1964 Rules” for short). Petitioner, thereafter had preferred an appeal under Rule 13 of 1964 Rules before the Additional Commissioner, Nagpur Division, Nagpur and that Authority has maintained said order. 2. During the pendency of this challenge, the petitioner ex...
Union of India, Ministry of Communication, Department of Post and Othe ...
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: (A.P. Bhangale, J.) 1. These petitions were filed by the petitioners being aggrieved by the impugned order dated 15/10/1999 passed by the Full Bench of the Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur (hereinafter referred to as “the CAT”) in Original application nos. 459 of 1997 and 460 of 1997, wherein it is held that a government servant completing the age of Superannuation on 31/03/1995 and relinquishing charge of his Office in the afternoon of that day is deemed to have effectively retired from service with effect from 01/04/1995. Thus, the Tribunal directed the petitioners herein to give benefit of O. M. no 7/1/95-P and PW(F), dated 14/07/1995 of the Government of India , Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner's Welfare) within a period of three months from the date of receipt of a copy of the order. 2. The facts, briefly stated, are as under:- The respondents/Government Servants from ...
Sau. Aruna W/O Narendrasingh Bais Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: (P.V. Hardas, J.) The appellant in Criminal Appeal No.132 of 2007 (Original Accused No.1), who stands convicted and sentenced for the offences punishable under Sections : (a) 302 of the Indian Penal Code (Rigorous Imprisonment for life); (b) 498-A read with Section 34 of Indian Penal Code (Rigorous Imprisonment for three years and a fine of Rs. 500/-, in default, to suffer further Simple Imprisonment for three months), and (c) 201 of the Indian Penal Code (Rigorous Imprisonment for three years and a fine of Rs.500/-, in lieu thereof, Simple Imprisonment for three months), and the appellant in Criminal Appeal No.131 of 2007 (Original Accused No.3), who stands convicted for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code and sentenced to Rigorous Imprisonment for three years and to pay a fine of Rs. 500/-, in default of which, further Simple Imprisonment for three months, by the learned Ad Hoc Additional Sessions Judge-4, Chandrapur, vi...
New India Assurance Co. Ltd. Vs. S.K. Yusuf S/O Sk. Aziz and Others
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: This appeal is directed against the judgment and award dated 5.1.1996 passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.149/1990, whereby the petition filed by the claimants/ respondents no.1 to 3 herein, claiming compensation on account of death of a minor boy-Sk. Mahboob Sk. Yusuf caused in motor vehicular accident, which occurred on 22.12.1993, on Murtizapur - Daryapur Road, involving the motor vehicle - Matador bearing No.MH-28-9638 owned by respondent no.4 and insured with the appellant. 2. Mr. Pophaly, learned counsel appearing for the appellant limited his contention about the liability of the appellant to satisfy the award passed against the owner on account of death of the person travelling in goods vehicle and particularly in the accident occurred prior to coming into force the Motor Vehicle Amendment Act 54 of 1994. 3. Deceased was travelling in a goods vehicle as owner of the goods. The learned Tribunal, mainly relying upon the decision in ca...
Union of India, Ministry of Communication, Department of Post and Othe ...
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: (A.P. Bhangale, J.) 1. These petitions were filed by the petitioners being aggrieved by the impugned order dated 15/10/1999 passed by the Full Bench of the Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur (hereinafter referred to as the CAT) in Original application nos. 459 of 1997 and 460 of 1997, wherein it is held that a government servant completing the age of Superannuation on 31/03/1995 and relinquishing charge of his Office in the afternoon of that day is deemed to have effectively retired from service with effect from 01/04/1995. Thus, the Tribunal directed the petitioners herein to give benefit of O. M. no 7/1/95-P and PW(F), dated 14/07/1995 of the Government of India , Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner's Welfare) within a period of three months from the date of receipt of a copy of the order. 2. The facts, briefly stated, are as under:- The respondents/Government Servants from the Postal Dep...
Champalal S/O Chunnilal Paliwal, (Dead Through Lrs.) and Others Vs. th ...
Court: Mumbai Nagpur
Decided on: Aug-29-2012
Oral Judgment: (B.P. Dharmadhikari, J.) By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.12.1991 passed by the Chief Executive Officer, Zilla Parishad, Nagpur holding that the petitioner Champalal could not have been retained in service, in public interest. Though this order mentions provision of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (hereinafter referred to as the 1979 Rules for short) or Rule 13(1) thereof, it is not in dispute that same reference needs to be construed as reference to Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as the 1964 Rules for short). Petitioner, thereafter had preferred an appeal under Rule 13 of 1964 Rules before the Additional Commissioner, Nagpur Division, Nagpur and that Authority has maintained said order. 2. During the pendency of this challenge, the petitioner expired on 03.01.2008 and his legal h...
Suresh S/O. Pandurang Tidke Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-24-2012
Oral Judgment: (M.L. Tahaliyani, J.) 1. The appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of rupees one thousand in default to suffer rigorous imprisonment for six months. The appellant was tried by the learned Additional Sessions Judge, Khamgaon along with five others. The appellant was accused No.1 in Sessions Trial No.19 of 2000. The appellant and original accused Nos. 2 to 6 were tried for the offences punishable under Sections 143, 147, 148, 323 read with Section 149 and 302 read with Section 149 of the Indian Penal Code. At the conclusion of trial, all the accused, except the appellant, were acquitted of all the charges framed against them. The appellant was also acquitted of rest of the charges except the offence punishable under Section 302 of the Indian Penal Code. 2. Complainant Yashwant Ganuji Tidke was residing at village Shahapur, Tahsil : Khamgaon, ...
Manohar S/O. Rangnath Jagtap Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-24-2012
1. Feeling aggrieved by the Judgment and Order dt.9.4.2008 passed by the learned Additional Sessions Judge, Buldana in Special Anti-Corruption Case No.3 of 2000, whereby the appellant/accused has been convicted for the offences punishable under Sections 7 and 13(1)(d) r/w. Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000/-, in default to suffer further rigorous imprisonment for six months on the first count and to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer further rigorous imprisonment for one month on the second count, the appellant/accused has preferred the present appeal. 2. Heard the learned Counsel for the parties and perused the impugned Judgment and Order as also both the oral and the documentary evidence adduced on record. 3. The facts, briefly stated, are as under: That the appellant/accused was working as an Accountant at Mahatma ...
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