Mumbai Nagpur Court September 2012 Judgments
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Sewakdas Tukaram Jumde Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: 1. Heard rival arguments on this criminal appeal preferred by appellant/original accused challenging the judgment and order dated 07.05.2003, by which the appellant/original accused was convicted of the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for six months and to pay a fine of Rs.500/- in default of payment of fine to undergo R.I. for one month. He was also convicted for the offence punishable under Section 13 (1)(d) r/w 13 (2) of Prevention of Corruption Act, 1988 and was sentenced to undergo imprisonment for one year and to pay a fine of Rs.1000/- in default of payment of fine to undergo further R.I. for three months. Both the substantive sentences were directed to run concurrently. Being aggrieved by said impugned judgment and order original accused preferred this appeal. 2. During the pendency of the appeal original appellant/accused died on 14.11.2010 and his widow proceeded further with the sai...
The State of Maharashtra, Through Special Land Acquisition Officer and ...
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: This appeal is directed against the judgment and award dated 13.8.1998 passed by the Joint Civil Judge, Senior Division, Amravati in Land Acquisition Case No.115/1987. 2] The lands and residential structures of village Warud Bagji in Amravati District were compulsorily acquired for Upper Wardha Irrigation Project. Total plot area 226.50 sq meter having construction admeasuring 114.02 sq. meter owned by the respondent was acquired and for that the Reference Court granted compensation @ Rs.500/- per sq. meter for the constructed portion and Rs.25/- per sq. meter for the open plot. Thus total compensation awarded to the respondent comes to Rs.59,822/-. This judgment and award is under challenge in this appeal. 3] The land owner mainly relied on the evidence of expert- witness and C.S.R. Rates of 1990. Taking C.S.R. Rate 1990 as base, the learned Reference Court enhanced the compensation. Learned A G P Mr. Yengal contended that the evidence relied upon is wholly insufficient...
General Manager, Western Coalfields Ltd. and Another Vs. Sumit Mullick ...
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: 1. The matter is part heard. It was adjourned on 25.9.2012 and 26.9.2012 to enable the parties to further assist the Court. Today, respective Counsel have completed their arguments. 2. This petition under Articles 226 and 227 of the Constitution of India is filed by the employer- Western Coalfields Limited against the Divisional Commissioner, Amravati Division, Amravati (in person) and four Trade Unions as also some individual workmen against the award, dated 16.7.2001 passed by respondent no.1 - Shri Sumit Mullick, the then Divisional Commissioner of Amravati after industrial dispute was referred to him. 3. For deciding the present controversy, it is not necessary to delve deep into facts. On 8.5.2001 the petitioners had communicated to respondent no.1 - Divisional Commissioner, Amravati Division, Amravati the fact that they have already submitted statement of claim. Respondent no.1 has been mentioned as an Arbitrator in earlier communication dated 28.3.2001. The said c...
General Manager, Western Coalfields Ltd. and Another Vs. Sumit Mullick ...
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: 1. The matter is part heard. It was adjourned on 25.9.2012 and 26.9.2012 to enable the parties to further assist the Court. Today, respective Counsel have completed their arguments. 2. This petition under Articles 226 and 227 of the Constitution of India is filed by the employer- Western Coalfields Limited against the Divisional Commissioner, Amravati Division, Amravati (in person) and four Trade Unions as also some individual workmen against the award, dated 16.7.2001 passed by respondent no.1 - Shri Sumit Mullick, the then Divisional Commissioner of Amravati after industrial dispute was referred to him. 3. For deciding the present controversy, it is not necessary to delve deep into facts. On 8.5.2001 the petitioners had communicated to respondent no.1 - Divisional Commissioner, Amravati Division, Amravati the fact that they have already submitted statement of claim. Respondent no.1 has been mentioned as an Arbitrator in earlier communication dated 28.3.2001. The said c...
The State of Maharashtra, Through Special Land Acquisition Officer and ...
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: This appeal is directed against the judgment and award dated 13.8.1998 passed by the Joint Civil Judge, Senior Division, Amravati in Land Acquisition Case No.115/1987. 2] The lands and residential structures of village Warud Bagji in Amravati District were compulsorily acquired for Upper Wardha Irrigation Project. Total plot area 226.50 sq meter having construction admeasuring 114.02 sq. meter owned by the respondent was acquired and for that the Reference Court granted compensation @ Rs.500/- per sq. meter for the constructed portion and Rs.25/- per sq. meter for the open plot. Thus total compensation awarded to the respondent comes to Rs.59,822/-. This judgment and award is under challenge in this appeal. 3] The land owner mainly relied on the evidence of expert- witness and C.S.R. Rates of 1990. Taking C.S.R. Rate 1990 as base, the learned Reference Court enhanced the compensation. Learned A G P Mr. Yengal contended that the evidence relied upon is wholly insufficient...
Sewakdas Tukaram Jumde Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-28-2012
Oral Judgment: 1. Heard rival arguments on this criminal appeal preferred by appellant/original accused challenging the judgment and order dated 07.05.2003, by which the appellant/original accused was convicted of the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for six months and to pay a fine of Rs.500/- in default of payment of fine to undergo R.I. for one month. He was also convicted for the offence punishable under Section 13 (1)(d) r/w 13 (2) of Prevention of Corruption Act, 1988 and was sentenced to undergo imprisonment for one year and to pay a fine of Rs.1000/- in default of payment of fine to undergo further R.I. for three months. Both the substantive sentences were directed to run concurrently. Being aggrieved by said impugned judgment and order original accused preferred this appeal. 2. During the pendency of the appeal original appellant/accused died on 14.11.2010 and his widow proceeded further with the sai...
The New India Assurance Co. Ltd. Thr. Its Divisional Manager Vs. Sheik ...
Court: Mumbai Nagpur
Decided on: Sep-26-2012
Oral Judgment: 1. This appeal is under section 30 of the Workmen's Compensation Act, 1923 (for short the “Act”) taking an exception to the judgment and award dated 18.12.2007 passed by Commissioner under Workmen's Compensation Act-Labour Court, Yavatmal in W.C.A. No.39/2002 whereby the petition for grant of compensation was partly allowed directing the appellant and respondent no.4 to pay total amount of compensation of Rs.87,034/- on account of injuries sustained by one Shaikh Rashid (since deceased). 2. Shaikh Rashid, the deceased was working as a driver on Truck No. MH-29/6677 owned by respondent no.4. On 10.08.2002, the truck met with an accident and in that accident Shaikh Rashid got injured, resulting in permanent disability to the extent of 35%. On 19.09.2002, the deceased filed petition claiming compensation of Rs.1,74,068/-. On 29.05.2004 i.e. during the pendency of the petition, he died. Hence, his legal heirs-respondent nos. 1 to 3 were brought on record. 3. Mr. ...
Raju S/O Shankar Kadam (In Jail) Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-26-2012
Oral Judgment: (A.P. Bhangale, J.) 1. The appeal is preferred against the judgment and order dated 26.8.2008 delivered by the learned Ad-hoc Additional Sessions Judge, Pusad in Sessions Case No.69 of 2006, whereby the accused was convicted for offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/-, in-default to undergo simple imprisonment for 2 months. The accused was also found guilty of offence punishable under section 404 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs.200/- in-default to undergo simple imprisonment for 15 days. Substantive sentence of imprisonment was directed to run concurrently. 2. The facts stated briefly are as under: Deceased Balwant Bhimrao Shinde was a teacher and had taken on contract the field of Tejmal Gandhi Trust for cultivation. Shri Balwant Shinde was cultivating the field with the help ...
Wainganga Bahu-uddeshiya Vikas and Others Vs. Diwakar S/O Maloji Kambl ...
Court: Mumbai Nagpur
Decided on: Sep-26-2012
A.B. Chaudhari, J. 1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the rival parties. 2. In these Letters Patent Appeals, a common judgment and order dated 12th September, 2011, passed in Writ Petition Nos.1301/2011 (Wainganga Bahuuddheshiya Vikas Sanstha and others Vs. Anil Devaji Gaikwad and others), 1978 of 2011 (Diwakar Maloji Kamble vs. Wainganga Bahuuddheshiya Vikas Sanstha and others), 1979 of 2011 (Anil Dewaji Gaikwad vs. Wainganga Bahuuddheshiya Vikas Sanstha and others), 1315 of 2011 (Wainganga Bahuuddheshiya Vikas Sanstha and others Vs. Rajkumar Kisanrao Bhagat and others) and 1314 of 2011 ((Wainganga Bahuuddheshiya Vikas Sanstha and others Vs. Diwakar Maloji Kamble and others), by which the learned Single Judge of this Court held that the prior permission of the Nagpur University was required before terminating the services of the original appellants Anil Gaikwad, Diwakar Kamble and Rajkumar Bhagat who had filed appeals before ...
Mukesh S/O Ramshankar Shivhare Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-26-2012
Oral Judgment: Heard Mr. R.M. Patwardhan, learned Advocate for the applicant and Mrs. S.S. Jachak, learned Additional Public Prosecutor for the respondent. 2. Admitted. With the consent of the learned counsel for respective parties, this Revision is finally heard at the stage of admission. 3. The present Application impugns the order passed by the learned Sessions Judge, Nagpur in Sessions Trial No.157/2009 below Exh.216. Exh.216 originally was the Application for recall of two Police Officers who had participated in investigation of the case i.e. Crime No.285/2008 of Ganeshpeth Police Station. It appears that the prayer for recall of witnesses was extended by the learned Additional Public Prosecutor by filing a pursis to call the Chemical Analyser from the office of the Regional Forensic Science Laboratory, to examine him as a witness. As far as two Police Officers are concerned, it was stated before the learned trial Court that one of the Police Officers had recorded memorandum of st...
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