Mumbai Nagpur Court August 2012 Judgments
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State of Maharashtra Vs. Gunwant Son of Patiram Dhumbhare
Court: Mumbai Nagpur
Decided on: Aug-16-2012
1. Feeling aggrieved by the judgment and order dated 7th August 2007 passed by the Special Judge (under Prevention of Corruption Act), Gondia in Special Criminal Case No. 1 of 2005 whereby respondent/accused has been acquitted of the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, the appellant-State has preferred the present criminal appeal. 2. Facts of the prosecution case are that complainant Kamalkumar Nagpure wanted to get his agricultural land measured since a dispute had arisen between him and adjacent land owner as to in whose field, two teak trees were standing. According to complainant, when measurement was to be carried out on 24.9.2004, accused Dhumbhare who was to perform the actual activity of measuring, demanded Rs. 5000/- from complainant to show him favour. On 24.9.2004 accused along with one Kaware came to the house of complainant. Land was measured and thereafter accused again came to the house of complai...
Union of India Through Its General Manager, Central Railway, Mumbai Cs ...
Court: Mumbai Nagpur
Decided on: Aug-16-2012
Oral Judgment: This appeal is directed against the judgment and award dated 20/4/2006 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.15/OA-II/ RCT/NGP/04 thereby awarding compensation of Rs.4,00,000/- on account of death of one Mundrika Paswan who left behind him a widow - claimant no.1 and minor son - claimant no.2. On 6/11/2003 the deceased was travelling by Trivendram - Gorakhpur Express train. He boarded the train for going to Chapra. He was holding valid ticket. When the train was passing through platform no.1 of the Ajni station, due to heavy rush in the compartment and sudden jerk he lost his balance and fell down from the running train. 2. The respondents resisted the claim by filing written reply. Their defence was that because of carelessness of the deceased, he fell down from the running train and as such it was not an "untoward incident". 3. The learned tribunal considered the evidence while reaching the finding that death of the decease...
Hitendrasingh S/O Bhupendrasingh and Others Vs. Dr. Panjabrao Deshmukh ...
Court: Mumbai Nagpur
Decided on: Aug-16-2012
S.C. Dharmadhikari, J. 1 These Writ Petitions were to be heard finally at the admission stage and therefore, with consent of parties, we proceed to issue Rule on each of these petitions. With their further consent, we dispose them of finally by this common judgment. 2 These Writ Petitions under Articles 226 of the Constitution of India question the order dated 16.12.2011 passed by the Chancellor of Dr.Panjabrao Deshmukh Krishi Vidyapeeth (for short PDKV), pursuant to which the appointment of each of the Petitioners either as Senior Research Assistant (for short SRA) or Junior Research Assistant (for short JRA) stands cancelled. 3 Mr.Manohar, learned Senior Counsel appearing on behalf of the Petitioners requested us to refer to the facts in Writ Petition No. 238/2012. Accordingly, it would be advantageous to refer to these facts to appreciate the challenge raised. 4 It is common ground that the PDKV is an Agricultural University and therefore, governed by the Maharashtra Agricultural Un...
State of Maharashtra Vs. Gunwant Son of Patiram Dhumbhare
Court: Mumbai Nagpur
Decided on: Aug-16-2012
1. Feeling aggrieved by the judgment and order dated 7th August 2007 passed by the Special Judge (under Prevention of Corruption Act), Gondia in Special Criminal Case No. 1 of 2005 whereby respondent/accused has been acquitted of the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, the appellant-State has preferred the present criminal appeal. 2. Facts of the prosecution case are that complainant Kamalkumar Nagpure wanted to get his agricultural land measured since a dispute had arisen between him and adjacent land owner as to in whose field, two teak trees were standing. According to complainant, when measurement was to be carried out on 24.9.2004, accused Dhumbhare who was to perform the actual activity of measuring, demanded Rs. 5000/- from complainant to show him favour. On 24.9.2004 accused along with one Kaware came to the house of complainant. Land was measured and thereafter accused again came to the house of complai...
Rukhamini Pandurang Sansthan and Others Vs. the State of Maharashtra, ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
Oral Judgment: This appeal is directed against the judgment and decree dated 25.9.1995 passed by the Civil Judge, Senior Division, Yavatmal in Special Civil Suit No.86/1994, thereby the suit filed by the plaintiffs/appellants herein, for the reliefs of possession, mandatory injunction, came to be dismissed. 2] The suit property is the land bearing Plot No.1 in Nazul Sheet No.44 of village Pimpalgaon. One Shriram Yadavji Sonar was the original owner of land survey no.53, area 23.23 Acre-Gunthas (A.G.). On 19.2.1904 he executed a will bequeathing this entire field in favour of Rukhamini Pandurang Sansthan, at Yavatmal. Later on Rukhamini Pandurang Sansthan became a public trust under the Bombay Public Trust Act bearing registration No.A-145/Yavatmal. Out of the total area of 23.23 A.G. one acre on South-Eastern corner was put to non-agricultural use after obtaining necessary permission vide revenue case No.2/XXVIII/1930-31 which is the subject matter of the present suit. In the year 1962...
Prabhakar Yeshwant Masram and Another Vs. Honand#8217;ble 7th Adhoc Ad ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
1. Respondents no. 2 and 3 herein (original plaintiffs) filed application under Order 39, rule 2A of the Code of Civil Procedure before 5th Jt Civil Judge, JD, Nagpur in Regular CS No. 21 of 2001 against present appellant no. 1 (who was added as defendant no. 7) for breach of injunction order dated 28.8.2001 passed by 8th Additional District Judge, Nagpur whereby defendants were directed not to erect any permanent structure in the common space around their flats and to maintain status-quo as on that date till decision of suit and they were also directed to allow the plaintiff and his agents to approach the plaintiff’s water meter for repairing it if and when necessary. Present appellant no. 1 being subsequent purchaser of the property was added as defendant no. 7 to the suit on 16.1.2003. He was thus aware of the order passed by the said appellate Court. Inspite of that, according to plaintiffs, taking advantage of summer vacations, appellant no. 1 demolished chamber and drainage...
Smt. Shobha Wd/O. Late Arun Pohare and Others Vs. Gajanan S/O. Wasudeo ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
1. The instant appeal is by the Complainant directed against the Judgment and Order, dated 16th April, 2008 passed by the learned Judicial Magistrate, First Class (Court No.VI), Akola challenging the acquittal of the respondent/accused under Section 138 of the Negotiable Instruments Act. 2. The facts, briefly stated, are as under:- The Complainant and the accused were in cordial terms with each other. In the month of April, 2004, the accused demanded a sum of Rs1,00,000/- from the Complainant as he was in dire need of money. The amount was paid in cash on 19/04/2004. The accused had issued a Cheque bearing no.351152, dated 04/10/2004 for the sum of Rs 95,000/- drawn upon the Akola Janata Commercial Co-operative Bank Ltd, Akola Branch. The cheque when presented for realisation, was returned dishonored with remarks “fund insufficient” vide intimation memo, dated 05/10/2004. The demand notice was issued by R.P.A.D. and under postal certificate. It was duly received by the accu...
AshwIn Vs. the State of Maharashtra, Through Anti Corruption Bureau, N ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
1. This Appeal is directed against the Judgment and Order dated 12/07/2005 passed by the learned Special Judge, Nagpur in Special Case No. 18 of 1997, whereby the accused was convicted for an offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’) and sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.1000/and in default to suffer rigorous imprisonment for six months. The accused was also convicted for an offence punishable under Section 13(1) (d) read with Section 13(2) of the Act and was sentenced to suffer rigorous imprisonment for two years and to pay a fine in the sum of Rs 2000/and in default of payment of fine, to suffer further rigorous imprisonment for nine months. 2. Heard the submissions at the bar. 3. The facts, in nutshell, are as under: The accused was working as a District Manager, Vasantrao Naik Vimukta Jatis and Nomadic Tribes development Corporation Ltd., Nag...
State of Maharashtra, Through Deputy Superintendent of Police Vs. Shri ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
1. The State of Maharashtra has challenged validity and legality of the Judgment and order dated 19/10/2000 passed by the Special Judge, Wardha in Special Case no. 4 of 1993 Whereby the learned Special Judge was pleased to acquit the respondent/ accused of the offence punishable under Section 7, 13(1) (d), and 13(2) of the Prevention of Corruption Act, 1988. 2. Heard the submissions at the Bar. 3. The facts, briefly stated, are as under:- The accused was serving as a Junior Engineer in the year 1992 in the Office of the M.S.E.B., Wardha Maneri. For the distribution of the electricity, Village Jalgaon, Tahasil Arvi Dist. Wardha was within the local limits of the M.S.E.B.‘s Office of Wardha Maneri. Some agriculturists, including Complainant Devidas Chendbaji Wasule had applied for supply of electricity to their well, where they got fitted electric Motor Pump. Devidas owned field bearing Survey No.384, admeasuring 11 acres of land containing the Well. On 25/01/1991, he had applied f...
Prashant and Others Vs. State of Maharashtra, Through Police Station O ...
Court: Mumbai Nagpur
Decided on: Aug-14-2012
1. The instant appeal is directed against the Judgment and Order, dated 15th July, 2008 passed in Sessions Case no. 53 of 2004 by 2nd Ad-hoc Additional Sessions Judge, Gadchiroli. The trial Court held that the prosecution has proved that Rekha (the deceased) was subjected to cruelty by coercing her and her parents to meet the unlawful demand of Rs 1,00,000/by the accused in furtherance of their common intention and the deceased committed suicide as a result of abetment at the instance of the accused no. 3 and 4 (Appellant no. 2 and 3 herein). The appellants (Original Accused nos. 1, 3 and 4) were convicted of the offence punishable under Section 498A of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs. 1000/in default to suffer simple imprisonment for 10 days. Appellants nos. 2 and 3 herein were also convicted in addition under Section 306 of the Indian Penal Code. Appellant no. 2 herein was sentenced to suffer rig...
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