Mumbai Nagpur Court June 2014 Judgments
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Ankush Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-24-2014
1. By this appeal, original accused No.1 takes exception to the judgment and order passed by 1st (Ad hoc) Additional Sessions Judge, Bhandara in Sessions Trial No.37 of 1997 dated 27th of December, 2001, whereby appellant came to be convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1000/-, in default of payment of fine to suffer R.I. for one month and for the offence punishable under Section 306 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1000/-, in default of payment of fine to suffer rigorous imprisonment for one month. 2. Prosecution case can briefly be stated as under - Deceased Rekha was daughter of complainant Smt.Laxmibai Raut and was married to appellant on 10/6/1996. After her marriage she was cohabiting with the appellant at his house. However, after residing for some days whenever she vi...
Mohanlal Ruchandmal Pahlajani Vs. Manoharlal Rewachand Hablani and Oth ...
Court: Mumbai Nagpur
Decided on: Jun-23-2014
Oral Judgment. 1. Rule. Rule made returnable forthwith. Heard the petition by consent of the learned Counsel appearing for both the parties. 2. The writ petitioner/defendant in Special Civil Suit No.133 of 2013 pending before the learned Joint Civil Judge Senior Division, Amravati, preferred this petition impugning the order passed by the trial Court permitting the respondents/plaintiffs to carry out the amendment in the plaint. 3. The facts of the case are, thus: Special Civil Suit No.133 of 2013 was instituted by the respondents/plaintiffs against the petitioner/defendant for sum of Rs.25,00,000/- as damages payable along with interest at the rate of 18% per annum. The suit was instituted on the ground that the respondents/plaintiffs are socially reputed persons with reputed business and social activities. They had progressed in their business and carried the business in the name and style as Aaradhana in Satidham Market, Amravati. 4. It is alleged that petitioner/defendant who is an...
Vasanta Mukundrao Bhokre Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-20-2014
Oral Judgment: (B.P. Dharmadhikari, J.) 1. By this appeal filed under Section 374(2) of the Code of Criminal Procedure, accused appellant Vasanta questions his conviction vide judgment dated 17.06.2011 in Sessions Trial No.127 of 2008 by Additional Sessions Judge Achalpur under Section 302 read with Section 506 of Indian Penal Code. He has been sentenced to life imprisonment and fine Rs.3000/- or in default rigorous imprisonment for six months. For offence under Section 506 rigorous imprisonment of three years and fine of Rs.1000/-or in default further rigorous imprisonment of three months has been imposed. 2. Briefly stated prosecution alleges that Vasanta has murdered one Kishori Uike on 07.05.2008 at village Karajgaon. Said Kishori with his wife Ramuti Uike and her son Dinesh were present in their house. Kishori had consumed liquor and was sleeping on cot. At about 5 p. m. accused Vasanta pulled Kishori from cot and beat him severely with crowbar. Ramuti and her son tried to resist ...
Sikandar Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Mr. Daga for the appellant and learned Additional Public Prosecutor Mr. Bangadkar for the respondent State. 2. The appellant was tried for the offence punishable under Section 302 of Indian Penal Code by the learned Additional Sessions Judge, Chandrapur. At the conclusion of trial, he was convicted for the offence punishable under Section 304 Part-II of Indian Penal Code. 3. The incident in question had occurred at the bus stand of village Junona, within the jurisdiction of Ballarshah Police Station. The appellant was holding a gun and was accompanied by his wife at the time of incident. The deceased was an auto-rickshaw driver. He had come to Junona bus stand with some passengers. The passengers alighted from the auto-rickshaw and they were in process of paying fare to the deceased Raju. The appellant wanted the deceased to take him to Chandrapur in Auto Rickshaw. The deceased refused to oblige the appellant. There was quarrel between the deceas...
Dinu Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Mr. Kalar for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. 2. The appellant was accused No.4 in Special Criminal Case No.16/1994, heard by the Special Judge under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. In all there were six accused. They were tried for the offences punishable under Sections 147, 148, 326 read with Section 149 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. At the end of trial, only accused Nos.1, 2 and 4 (appellant) were convicted for the offence punishable under Section 325 read with Section 34 of Indian Penal Code and are sentenced to suffer R.I. for two months and fine of Rs.100/- each. 3. The incident had occurred in the agricultural field at village Jamuniya. The appellant and others had assaulted the complainant (PW-1) by means of axe and sticks. The complainant had sustained va...
Sheikh Shabbir Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Ms. Haidari for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. 2. This appeal is coming up for final hearing after 16 years of filing of the appeal. The incident had taken place in the year 1987. As such the appeal is being decided after about 28 years of the date of incident. 3. The appellant has been convicted for the offence punishable under Section 307 of Indian Penal Code and is sentenced to suffer R.I. for a period of three years and to pay fine of Rs.2000/- and in default to suffer R.I. for six months. The appellant was in custody from 11th February, 1998 till 30th August, 1998. The learned trial Court has directed that set off be given to the appellant for the period already undergone by him. The appellant was accused no.2. He was charge-sheeted along with accused Nos.1 and 3 for the offence punishable under Section 307 of I.P.C. 4. The incident in question had occurred at Teka Naka, Nagpur. Th...
Riyazuddin Quazi Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. This criminal appeal takes exception to the judgment and order dated 28.02.2001, passed by the Special Judge (N.D.P.S. Court), Nagpur in Special Case No.32/1999, whereby the appellant came to be convicted for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.3000/-, in default to suffer further rigorous imprisonment for three months. 2. Briefly, it is the case of prosecution that on 04.06.1999 P.W.1 PSI Deokare was attached to Panchpaoli Police Station. At about 11:00 a.m. he received a secret information involving appellant in a transaction of selling ganja at Ekta Colony, N.I.T. Qtr. No.B-15/171 to his customers. This information was reduced into writing and was forwarded to the superior officer - Police Inspector. P.W.1 thereafter in the presence of two panchas, made arrangement for effecting r...
Keshao Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-18-2014
Oral Judgment: 1. The appellant has been convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.One Thousand in default to undergo rigorous imprisonment for three months. 2. The appellant was charge-sheeted by Hingna Police Station on the report lodged by father-in-law of the appellant. The charge under Section 306 and 498-A of the Indian Penal Code was framed. However, the appellant has been acquitted of the offence punishable under Section 306 of the Indian Penal Code. 3. The deceased committed suicide by consuming poison on 12th May, 1997. The matter was reported to police by the appellant himself. The accidental death was registered by police vide Exh.7. However, on 30th May, 1997 the complaint was lodged by father of the deceased vide First Information Report Exh.50. It was alleged that the relations of the deceased and the appellant were cordial for about two years from ...
The Municipal Council, Achalpur, through Its Chief Officer Vs. Tolaram ...
Court: Mumbai Nagpur
Decided on: Jun-18-2014
Oral Judgment 1. Petitioner Municipal Council has sought to assail judgment and order dated 11th September 2007 passed by the Member, Industrial Court, Amravati whereby the petitioner is directed to pay the wages as nonmatric clerk to the respondent no. 1 for the period during which he has actually worked on the post of Octroi Clerk. 2. Respondent no. 1 filed Complaint ULP No. 743 of 1996 before the Industrial Court, Amravati stating that he was initially appointed as Peon in 1964 and thereafter in the year 1969 petitioner Municipal Council directed him to work as Octroi Clerk. However, petitioner failed to pay wages and privileges as are applicable to nonmatric clerks. Respondent no. 1 thus alleged that petitioner indulged into unfair labour practice as covered by items 5, 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 3. Heard learned counsel for the parties. Perused the complaint, oral and documentary eviden...
Kawadu and Others Vs. Bhojram and Others
Court: Mumbai Nagpur
Decided on: Jun-17-2014
Oral Judgment 1. Being aggrieved by judgment and decree dated 29.11.1995 passed in Reg. C. S. No. 274/1992 by Civil Judge Jr. Dn. Sakoli and confirmed by judgment dated 31.08.2000 in Reg. C. A. No.176/1995 by Addl. District Judge, Bhandara, the present second appeal was preferred in this Court by original defendants. 2. The only question raised by Mr. Khapre, learned counsel for the appellants, in support of the appeal is that the courts below have omitted to qualify the decree with reference to the Wajibularz notified entries contemplated by Section 165 of the Maharashtra Land Revenue Code. According to Mr. Khapre, the courts below ought to have made right of way granted subject to the terms and conditions notified in Wajibularz by the concerned Collector of District as contemplated by Section 165 (1) (a) of the MLR Code. No other contention has been raised by Mr. Khapre, except the above. 3. None present for the respondents, though served. Perused the impugned judgment and order. The...
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