Court : Mumbai Nagpur
Oral Judgment: 1. By order dated 28-08-2013 notice for final disposal of this writ petition was issued. Accordingly, I have heard Shri M.G. Sarda, the learned Counsel appearing for the petitioner and Shri H.D. Dangre, Advocate along with Shri A.N. Ansari, Advocate for the respondent. Rule. Rule heard forthwith with the consent of parties. 2. The challenge in the present writ petition is to the judgment passed by the learned District Judge-11, Nagpur in an appeal filed under Section 34 of the Maharashtra Rent Control Act, 1999 (for short, 'the said Act'). By aforesaid judgment, the suit for eviction of tenant which was decreed by the trial Court has been dismissed by allowing the said appeal. 3. The petitioner/original plaintiff is a trust registered under provisions of Bombay Public Trusts Act, 1950. As it was in need of the suit premises that was occupied by the tenant, the trust filed Regular Civil Suit No.239 of 2005 for eviction on the ground of the tenant being in arrears of rent ...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: 1. This is an appeal preferred against the judgment and order recording acquittal of the respondent passed by first Ad-hoc Assistant Sessions Judge, Amravati in Sessions Trial No.267 of 2000. The respondent was charged for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. It was the case of the prosecution that on 05/10/2000 at about 7.00 a.m., the respondent kidnapped the minor daughter of the complainant (hereinafter called as, 'the prosecutrix') and by giving false promise of marriage, the respondent took her from the custody of the lawful guardian-her mother, without her consent. It is also alleged that after unlawfully taking away the prosecutrix from the custody of her lawful guardian, the respondent, during the period from 05/10/2000 to 13/10/2000, committed rape upon the prosecutrix at various places where the respondent had allegedly taken the prosecutrix. 2. As the respondent pleaded not guilty to the charge framed against him for of...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment : 1. This appeal is preferred against the judgment and order dated 1.11.2007 delivered in Sessions Trial No.109 of 2006. 2. Briefly stated, the prosecution case against the appellant is as under : On the basis of complaint lodged against the present applicant and 15 other persons at about 14.45 hours of 19.11.2005 by one Fulchand Patil, offences punishable under Sections 143, 504, 506 read with Section 149 Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Atrocities Act) were registered by Police Station Ural, District Akola. It was alleged by the complainant that there was a Gram Sabha at village Andura on 19.11.2005 at about 11.00 a.m. and when the meeting started, the appellant together with other accused persons formed an unlawful assembly and abused the complainant on his caste and intentionally insulted him by abusing him and also questioning his status and capacity to occupy a ...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: 1. These appeals are directed against the judgments and orders acquitting the accused-respondent in three criminal cases filed against him in respect of offence of criminal breach of trust punishable under Section 409 of the Indian Penal Code. All these appeals are being disposed of by this common judgment as common evidence has been recorded in these cases and they relate to the same charge, although pertaining to different periods of time. 2. The respondent, during the relevant period, was working as Postmaster at Branch Post Office S.R.P. Camp, Amravati. This relevant period in which the offence of criminal breach of trust as has been alleged to have been committed by the respondent was from 30/7/1978 to 10/6/1982. It has been alleged that while working in the capacity as Branch office Postmaster, the respondent had received from different account holders the amounts of Recurring Deposit Scheme of the Department of Post and Telegraph on different dates and instead of ...
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Oral Judgment: 1. Rule. Rule is made returnable forthwith. Heard the petition by consent of learned counsel appearing for both the parties. 2. This petition is filed for orders or direction against respondent No.2/Committee for Scrutiny and Verification of Tribal Claims on the ground that the petitioners are adversely affected because of caste validity certificates granted in favour of respondent Nos.4 to 6 by the Caste Scrutiny Committee. 3. Learned counsel appearing for the petitioners disputed the status of respondent Nos.4 to 6 as belonging to Scheduled Tribe on the ground that Annexures in the petition particularly copy of registered sale deed annexed as Annexure-I did not indicate that sellers were belonging to Scheduled Tribe. The petitioners sought to rely upon the number of documents to substantiate the contention that by suppression of true facts caste validity certificates were obtained from the Committee for Scrutiny and Verification of Tribal Claims. 4. It is urged that th...
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Oral Judgment: 1. This is a State appeal against acquittal of the respondent in Regular Criminal Case No.36 of 1998 recorded by the judgment delivered on 11/5/2001 by Judicial Magistrate, First Class, Karanja (Gh.), district Wardha. 2. Brief facts giving rise to file this appeal are stated as under.: The respondent was prosecuted for an offence punishable under Section 16(1)(a) read with Section 7(i) and (ii) of the Prevention of Food Adulteration Act, 1954 (for short, 'the PFA Act') on the basis of the complaint filed by Food Inspector Shri D.K. Sonvane. It was the case of the prosecution that when the Food Inspector inspected the shop of the respondent, he found one food article 'Saunf' (fennel) stocked in open tin container for sale. He, therefore, purchased 600 gms. of the said article and by following the procedure, he kept the said article in a packet, labelled and sealed it. Spot panchanama was also drawn out in presence of the panch witnesses. The sample of fennel was sent to P...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: 1. By order dated 20-11-2013, notice for final disposal of the writ petition was issued considering the issue involved therein. Hence, Rule. Heard finally with the consent of the parties. 2. The challenge in the present writ petition is to the order dated 20-6-2013 passed by the trial Court below Exhibit-12 rejecting in part the application moved by the plaintiffs for seeking amendment to the plaint. By said order, part of the amendment as sought with regard to property bearing Gat No.41 was allowed, while amendment in relation to Gat No.184 was disallowed. 3. The petitioners are the original plaintiffs. The plaintiffs filed a suit for partition and separate possession of the alleged joint family property. According to the plaintiffs, on getting knowledge of the aforesaid properties, the application for amendment was immediately moved. However, by the impugned order, the amendment with regard to one of the properties came to be allowed and that with regard to the other p...
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1. Heard the submissions made by the learned Counsel for the respective parties. 2. By this petition, the petitioner has prayed to quash and set aside the order of his retirement dt.23.2.1999 to the extent of the petitioner with further directions to the respondents to continue the petitioner till 1.4.2001 and provide him the benefit of age of 60 years. 3. The facts, briefly stated, are as under: The petitioner was appointed in Zilla Parishad High School, Buldana in the pay scale of Rs.60120/- p.m. October, 1962. According to the petitioner, the Zilla Parishads were established in the State of Maharashtra w.e.f. 1.5.1962 and prior to that date, Janpat Sabha was established under the Madhya Pradesh State. The age of retirement in accordance with Madhya Pradesh Secondary Act, 1951 was 60 years for teachers. It is submitted that no rules and regulations were framed in respect of Schools of Zilla Parishads in the State of Maharashtra and the services of teachers were simply governed under ...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (V.M. Deshpande, J.) 1. Rule. Rule returnable forthwith. Heard finally by consent of learned counsel for the parties. 2. By present writ petition, the petitioner is questioning correctness of order passed by D.I.G. (Prisons) dated 06.01.2013, together with the order dated 13.03.2014 by appellate authority, by which his application for furlough leave was rejected. According to the order dated 06.01.2013, in view of the adverse police report, received on 27.12.2013 together with the fact that the petitioner was convicted under the Mumbai Serial Bomb Blast case of 1993, he is not entitled to claim the same. Needless to mention, the said order was carried in appeal and the appellate authority vide order dated 13.03.2014 was pleased to reject the said appeal by citing the reason that Sub Rule (13) of Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 disentitles the present petitioner to claim the relief of furlough. 3. Rule 4 of the Prisons (Bombay Furlough and P...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Divisional Commissioner, Amravati Division, Amravati dated 16/06/2014 recognising the respondent No.3 as the leader of Nationalist Congress Party. Few facts giving rise to the writ petition are stated thus After the election to the Amravati Municipal Corporation was held on 16/02/2012, the election results were declared and 87 councillors were elected to the Amravati Municipal Corporation. Out of the 87 elected councillors, 17 councillors belonged to Nationalist Congress Party. The petitioner and the respondent No.3 had both contested the election on the ticket of the Nationalist Congress Party. After the elections, the Nationalist Congress Party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the fro...
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