Mumbai Nagpur Court September 2012 Judgments
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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. Chatterjee, le...
Wainganga Bahuuddeshiya Vikas and Others Vs. Diwakar and Others
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 the U...
Hemraj S/O Sampatrao Bhoyar Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-25-2012
Oral Judgment: 1. Heard rival submissions at length. This criminal appeal is preferred by the appellant-accused challenging the judgment and order of conviction passed on 03.09.1998. 2. The appellant/accused was tried in Sessions Trial No. 163/1997 by the 6th Additional Sessions Judge, Nagpur for the offence punishable under Section 365, 366A and 363 of the Indian Penal Code. He was tried along with two other co-accused. Said two co-accused are acquitted of all the charges and present appellant/accused was convicted for the offence punishable under Section 363 of the I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs.2000/- in default of payment of fine to suffer further R.I. for two months. 3. Brief facts of the case are as under: The case of prosecution is that prosecutrix victim girl aged about 17 years was studying in college and present appellant/accused was staying in neighbourhood of said girl. Apparently, they had developed some love affair, however, t...
Kailash S/O. Jagdeo Gade Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-25-2012
Oral Judgment: (A.P. Bhangale, J.) 1. This appeal has been preferred against the impugned Judgment and Order dated 16/01/2009 passed by the Ad-hoc Additional Sessions Judge, Khamgaon in Sessions Trial No.25 of 2007 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code sentencing him to suffer imprisonment for life and imposing fine in the sum of Rs 2000/-, in default to undergo rigorous imprisonment for six months. 2. We have considered the rival submissions made by the learned Counsel for the respective parties and perused the records. 3. The facts and circumstances giving rise to this appeal are as under: It is case of the prosecution that the accused was a member of an unlawful assembly which was formed at the time of commission of offence and in prosecution of the common object of the assembly, caused death of Subhash Gade. The First Information Report was lodged by Sunita Subhash Gade (wife of the deceased) at Police Station, Jalamb about t...
Sopan Onkar SaThe Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Sep-25-2012
These criminal applications are challenging the orders passed by the learned Judicial Magistrate, First Class, Malkapur, dated 08.06.2010 and 14.06.2010 and raising identical issues in challenge to the impugned orders. As such, both these criminal applications are heard together. These applications were admitted by order of this Court (Coram : R. M. Borde, J.), dated 21.07.2010, and interim relief was granted. 2. Heard Mr. P.C. Madkholkar, the learned counsel for the applicants, Mr. D.B. Yengal, the learned Additional Public Prosecutor for respondent no.1-State and Mr.K.H. Deshpande, the learned Senior Advocate with Mr. N.K. Choudhari and Mr. M.D. Lakhey, learned Advocates for respondent no.2. 3. Brief facts giving rise to the present applications can be summarized as under : The applicant -Sopan Onkar Sathe was elected as a Chairman of Agricultural Produce Market Committee (APMC), Malkapur. The elections of the said Committee were held on 11.03.2008 and in the first meeting of the Com...
Kailash S/O. Jagdeo Gade Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-25-2012
Oral Judgment: (A.P. Bhangale, J.) 1. This appeal has been preferred against the impugned Judgment and Order dated 16/01/2009 passed by the Ad-hoc Additional Sessions Judge, Khamgaon in Sessions Trial No.25 of 2007 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code sentencing him to suffer imprisonment for life and imposing fine in the sum of Rs 2000/-, in default to undergo rigorous imprisonment for six months. 2. We have considered the rival submissions made by the learned Counsel for the respective parties and perused the records. 3. The facts and circumstances giving rise to this appeal are as under: It is case of the prosecution that the accused was a member of an unlawful assembly which was formed at the time of commission of offence and in prosecution of the common object of the assembly, caused death of Subhash Gade. The First Information Report was lodged by Sunita Subhash Gade (wife of the deceased) at Police Station, Jalamb about t...
Hemraj S/O Sampatrao Bhoyar Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-25-2012
Oral Judgment: 1. Heard rival submissions at length. This criminal appeal is preferred by the appellant-accused challenging the judgment and order of conviction passed on 03.09.1998. 2. The appellant/accused was tried in Sessions Trial No. 163/1997 by the 6th Additional Sessions Judge, Nagpur for the offence punishable under Section 365, 366A and 363 of the Indian Penal Code. He was tried along with two other co-accused. Said two co-accused are acquitted of all the charges and present appellant/accused was convicted for the offence punishable under Section 363 of the I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs.2000/- in default of payment of fine to suffer further R.I. for two months. 3. Brief facts of the case are as under: The case of prosecution is that prosecutrix victim girl aged about 17 years was studying in college and present appellant/accused was staying in neighbourhood of said girl. Apparently, they had developed some love affair, however, t...
The New India Assurance Co. Ltd. Vs. Prabhakar S/O Mahadeo Rakhunde an ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: 1. This appeal is directed against the judgment and award dated 08.10.2009 passed by Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No. 102/2004 whereby the tribunal awarded compensation of Rs.3,00,000/- on account of death of one Pravin caused in motor vehicular accident occurred on 28.12.2003 involving a taxi bearing No. MH-34/D-2296 and private bus bearing registration No.MH-31/M-4500. 2. Mr. Joshi, learned counsel for the appellant, is fair enough to raise only two points for consideration. Firstly, he contended that the learned tribunal ought to have deducted 50% of the income of the deceased towards his personal and living expenses. Secondly, he raised the issue of choice of proper multiplier. According to him, the multiplier ought to have been chosen having regard to the age of the claimants rather than the age of deceased. In the instant case, the tribunal has chosen multiplier of 18 considering the age of the deceased, who was 22 years when he died. 3. The l...
Ratan S/O. Babhootsingh Rathod Vs. State of Maharashtra (Through the S ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: (A.P. Bhangale, J.) 1. The appeal is preferred against the Judgment and Order of conviction passed by the learned Ad-hoc Additional Sessions Judge-3, Amravati on 23.6.2008 in Sessions Trial No.15 of 2008 whereby the learned trial Judge found appellant/accused Ratan Babhootsingh Rathod guilty and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine in the sum of Rs.1,000/-, in default to suffer rigorous imprisonment for six months. The appellant/accused was also found guilty for the offence punishable u/s.498-A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.500/- in default to suffer rigorous imprisonment for three months. 2. The facts, which are stated briefly, are as under: That, on or about 18.10.2007, a report was lodged at Police Station, Kurha, District Amravati by Ramchandra Dashrath ...
Datta S/O Tanaji Ingole and Others Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: Heard rival arguments at length on this Criminal Appeal preferred by all three appellants/ convicted accused. The challenge in the present appeal is to the judgment and order of conviction passed in Atrocity Case no.56/1996. By the said impugned judgment and order dated 6th August 1998, all the three appellants-accused were convicted of the offence punishable under Section 323 read with Section 34 of the Indian Penal Code and were sentenced to suffer simple imprisonment till rising of the Court and to pay a fine of Rs. 100/- each in default to suffer simple imprisonment for 10 days each. The appellants-accused were also convicted for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and were sentenced to suffer rigorous imprisonment for six months each. 2. Prior to appreciating rival submissions and the material available before the Special Court, certain factual position is required to be n...
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