Mumbai Nagpur Court September 2014 Judgments
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Kamal Vs. Ramkumar Sagarmal (HUF) through Karta, Sureshkumar Sagarmal ...
Court: Mumbai Nagpur
Decided on: Sep-25-2014
Oral Judgment: 1. This appeal is directed against the judgment and order dated 08/6/2001 passed in Summary Criminal Case No.14408 of 1998 by 9th Judicial Magistrate, First Class, Akola, thereby acquitting the respondents-accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1988 (the N.I. Act, for short). The criminal proceedings initiated under Section 138 of the N.I. Act against the respondents related to a cheque bearing No.656523 dated 23/2/1998 for Rs.25,000/- It was issued by respondent No.1 being the HUF of which respondent No.2 was the manager at the relevant time. It was signed by respondent No.2 as the manager of respondent No.1-HUF. According to the appellant, the cheque was issued towards the satisfaction of legally enforceable liability. It was the case of the appellant that the appellant had given an amount of Rs.25,000/- by way of a hand loan and the repayment thereof was to be made by a cheque. Therefore, a post-dated cheque came to be i...
State of Maharashtra Vs. Satish Purushottam Aushal and Others
Court: Mumbai Nagpur
Decided on: Sep-24-2014
B.P. Dharmadhikari, J. 1. Challenge in this appeal against acquittal is to a judgment and order dated 10.05.2000, delivered by the Additional Sessions Judge, Buldhana in Sessions Case No.80/1993, acquitting the respondents/ accused of offence punishable under Sections 498-A read with Section 34, 302 read with 34 and 201 read with 34 of Indian Penal Code. Deceased Renuka happened to be wife of respondent no.1/accused no.1 Satish. Respondent no.2 - accused no.2 Vilas is elder brother of Satish, while respondent no.3 - accused no.4 Sou. Sadhana is wife of Vilas. One more brother of Satish namely Rajesh was accused no.2, but, he came to be discharged by the trial Court and he is not party respondent in the present appeal under Section 378(3) of Criminal Procedure Code filed by the appellant- State Government. 2. Incident has taken place on 07.04.1993, while marriage between Satish and deceased Renuka was solemnized on 08.05.1990. Couple has a son by name Om, nick named Salman. 3. Case of p...
Samadhan Damodhar Morey Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-24-2014
P.C. 1. These three applications seeking anticipatory bail arise out of the same crime being Crime No.71/2014 registered by Police Station, Deulgaon Raja for the offences punishable under Sections 406, 420, 120-B read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 against in all nine accused persons. 2. The offences have been registered on the basis of complaint lodged by one Digambar Kolhe, who has stated that he is an investor of the Company namely PSPS India Multi Trade Services Pvt. Ltd. According to the complainant, this Company, which appears to be a finance Company, had floated a scheme of giving attractive returns on the investments made with it. Allured by the promise of quick returns of huge money on making small investment, the complainant invested certain amount with the Company by paying the amount through cheque dated 21/5/2014. Other investors also followed suit. As a ...
Padma Vs. Adarsha Dnyan Prakash Shikshan Sanstha and Others
Court: Mumbai Nagpur
Decided on: Sep-23-2014
Oral Judgment: 1. In terms of the order dated 14-8-2013, both these writ petitions are heard finally with the consent of the learned Counsel appearing for the parties by issuing Rule. As common issues arise for determination in both these petitions, they are being decided by this common judgment. Service on respondent No.2 in Writ Petition No.1623/2013 is dispensed in view of the order proposed to be passed. 2. The challenge in writ petition No.1623/2013 is to the judgment dated 1-3-2013 passed by the learned Presiding Officer, School Tribunal, Nagpur thereby dismissing the appeal preferred by the petitioner under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 (for short the Act). In writ petition No.2279/2013, the petitioner who claims to be the President of Adarsha Dnyan Prakash Sanstha has challenged the finding recorded against issue no.3 in aforesaid appeal by the School Tribunal, Nagpur. 3. The petitioner in Writ Petition No....
Mukaddarsingh Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-23-2014
P.C. 1. Heard Shri Rai, learned counsel for the applicant and Mr. Deshpande, learned APP who has opposed this application. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and at this stage itself it can be established that the prosecution case against the applicant is highly suspicious and of doubtful nature. He points out from the FIR, spot panchanama and the recovery memos prepared in this case as to how the whole prosecution story is doubtful in nature. 3. Learned APP opposing the application submits that there may be some doubts in the prosecution case arising from mentioning of wrong dates in the recovery memos and mentioning of Crime Number in the spot panchanama, which appears to have been drawn up before the registration of the crime, but these doubts can be explained by the prosecution during the course of adducing of evidence and, therefore, the applicant should not be released on bail. 4. I would have accepted the cont...
Narendra Singh @ Dallu Sardar Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-22-2014
C.V. Bhadang, J. 1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties. 2. This appeal is filed by the original accused Narendra Singh @ Dallu Sardar challenging the order dated 10.1.2014 passed by the learned Special Court in Special Criminal Case No.5/2013. By the impugned order, the learned Special Judge has dismissed the application Exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act for short). 3. The facts necessary for the disposal of the appeal may be stated thus: That, now deceased Suraj Yadav was a property dealer at Nagpur and had established a name in the business. According to the prosecution, the appellant is also dealing in property business and is running a Organised Crime Syndicate within the meaning of the act, along with his associates. The appellant was not happy with the influence of the deceased in the business and wanted to estab...
Ambika Bahuuddeshiya Gram Vikas Sansthan Vs. State of Maharashtra thro ...
Court: Mumbai Nagpur
Decided on: Sep-17-2014
Oral Judgment: (A.P. Bhangale, J.) 1. By this petition, the petitioner has prayed to quash and set aside the order passed by respondent no.2, dt.16.8.2012 which was communicated to respondent no.5 vide letter dt.18.9.2012 by respondent Nos.1 and 3. It is further prayed that directions be issued to Authorities/respondent Nos.1 and 2 to award the contract under Community Based Monitoring Project to the petitioner Organisation and appoint it as the District Nodal NGO and direct the respondents to act in accordance to law. 2. Our attention is invited to communication dt.18.9.2012 which was addressed to the Chief Executive Officer, Zilla Parishad, Chandrapur by the Commissioner, Family Welfare and Director, National Rural Health Mission, Mumbai for Maharashtra whereby it is informed that, as per order of the Additional Chief Secretary, Primary Health Department, NGO Yard has been selected as District Nodal Agency for Community Based Monitoring Project. 3. Our attention is also invited to th...
Nitin Vs. The Education Officer (Secondary) and Others
Court: Mumbai Nagpur
Decided on: Sep-17-2014
C.V. Bhadang, J. 1. Heard Shri A.M. Gordey, learned Senior Counsel for the petitioner, Shri M.M. Ekre, learned Assistant Government Pleader for respondent no.1-State, Shri H.A. Deshpande, learned counsel for respondent no.2 and Shri M.P. Lala, learned counsel for respondent no.3. 2. The petitioner, who is holding the qualification as M.A., M.Phil and B.Ed., was initially appointed as an Assistant Teacher in a school run by respondent no.2-Society with effect from 23.6.1992 and he was posted in Narendra Vidyalaya, Telgaon. According to the petitioner, his appointment was in a clear vacancy in the academic session 1992-93. By continuation order dated 3.5.1993, the appointment was continued with effect from 4.5.1993 until further order. This was subject to approval of Education Officer, Zilla Parishad, Nagpur. 3. It appears that the petitioner was not allowed to sign the muster roll and was prohibited from performing his duties, with effect from 16.7.1992, which prompted the petitioner to...
Vinita and Another Vs. State of Maharashtra, through its Principal Sec ...
Court: Mumbai Nagpur
Decided on: Sep-16-2014
Oral Judgment: (Smt. Vasanti A. Naik, J.) 1. Heard. 2. By this petition, the petitioners seek a Writ of Mandamus directing the Maharashtra Public Service Commission (hereinafter referred to as "MPSC" for the sake of brevity) to accept the applications of the petitioners in response to the advertisement, dated 26th February, 2014 issued by the MPSC calling applications from the candidates interested in appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate First Class (hereinafter referred to as "CJJD and JMFC"). The petitioners also seek a declaration that the petitioners are eligible for appointment to the post of CJJD and JMFC by relaxing the cut-off date fixed for the upper age limit of 25 years, in view of the failure on the part of the respondents to advertise the posts in the year 2013. 3. The necessary facts giving rise to the petition are briefly stated thus : The petitioner No.1 was born on 09.02.1989 and she attained the age of 25 years on 08.02.2014...
Amit Kumar Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Sep-16-2014
Oral Judgment: (B.R. Gavai, J.) 1. Rule is made returnable forthwith. Heard the learned counsel for the parties finally by consent. 2. The applicant has approached this Court for quashing the FIR bearing No. 207 of 2014 for the offence punishable under Sections 328, 294, 507, 506(B) and 376(1) of the Indian Penal Code. 3. The applicant and Respondent No. 2 are both students of different Engineering Colleges in the city of Nagpur. Both, the applicant as also Respondent No. 2 are residents of different States. The applicant is the resident of Bihar whereas Respondent No. 2 is the resident of Madhya Pradesh. 4. The FIR came to be lodged by Respondent No. 2 stating therein that when she was returning in a train from her native place, the applicant started talks with her and tried to develop intimacy with her and took her mobile number. It is further stated that thereafter they started meeting each other. It is further stated that one night in November 2013, she had gone to the residence of...