Mumbai Nagpur Court August 2015 Judgments
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Ganpat Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-31-2015
1. The present appeal is directed against the judgment and order of conviction passed by Additional Sessions Judge, Warora dated 14.09.2012 in Sessions Case No. 8/2011 by which the appellant is convicted for the offence punishable under Section 307 of the IPC and is directed to suffer rigorous imprisonment for five years and to pay a fine of Rs.2,000/-, in default, to undergo simple imprisonment for three moths. 2. The necessary facts for the decision of the appeal are narrated hereunder. Panjabrao Madavi (PW9) was attached to Police Station, Chimur as Police Inspector. In February-2011, Rekha Shedame (PW2) came to the police station and gave her oral report. It is dated 04.02.2011 (Exh.15). Panjabrao Madavi (PW9) registered an offence under Section 307 of the Indian Penal code. The printed FIR is at Exh.16. The crime was registered vide C.R. No. 11/2011. As per the oral report of Rekha (PW2), she is Upasarpancha of Gat Gram Panchayat, Satara. The appellant is having his house in the s...
Pramod @ Gujju and Others Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-28-2015
B.R. Gavai, J. 1. Being aggrieved by the judgment and order passed by the learned Sessions Judge, Nagpur in Sessions Trial No.157/09, thereby convicting the appellants for the offence punishable under Sections 120B, 364 R/W 34 and Section 302 R/W 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5000/- each and in default to suffer further R.I. for six months under Section 302 R/W 34 of the Indian Penal Code and further sentencing the accused to suffer imprisonment for five years and to pay a fine of Rs.1000/each and in default to suffer further R.I. for one month under Section 364 R/W 34 of the Indian Penal Code, the appellants have approached this Court by way of the present appeals. 2. The prosecution story as could be gathered from the material placed on record is that the deceased Rakesh “ the son of PW.1 Ramesh Shahu was having love affair with Pranita, the niece of accused no.1. It appears to be the prosecution case tha...
Jagarao Raising Ade and Another Vs. Narayan Harising Pawar and Others
Court: Mumbai Nagpur
Decided on: Aug-27-2015
Oral Judgment: 1. In view of notices for final disposal, the learned Counsel have been heard at length by making the Rule returnable forthwith. 2. This writ petition takes exception to the judgment dated 15-4-2014 passed by the learned Civil Judge, Junior Division, Lonar in Election Petition No.1/2012 whereby the said election petition filed by respondent Nos.1 and 2 has been partly allowed and after setting aside the election of the petitioners, fresh elections have been ordered. 3. General elections to elect members of Gram Panchayat Sawargaon were held on 21-10-2012 for Ward No.2. Three members were to be elected. One seat was reserved for Scheduled Caste (women), one seat was reserved for candidates from the Other Backward Class category and the third seat was for Open (women). The results were declared on 22-10-2012. The petitioner No.1 was declared elected from the Other Backward Class category seat while the petitioner No.2 was declared elected on a seat reserved for Scheduled C...
Hindustan Petroleum Corporation Limited Vs. Sanjay Madhukar Mahakalkar
Court: Mumbai Nagpur
Decided on: Aug-27-2015
P. C. 1. By this application, the revision applicant questions legality, propriety and correctness of order passed below Exhibit 28 passed by 6th Joint Civil Judge, Senior Division, Nagpur in Regular Civil Suit No. 44 of 2013 rejecting application of the applicant under Order VII, rule 11 (a) of the Code of Civil Procedure. 2. Respondent Sanjay Madhukarrao Mahakalkar filed suit against applicant (defendant no. 4) and the Union Government, through Chief Controller of Explosives, Mumbai; the Controller of Explosives, Nagpur and the Commissioner of Police, Nagpur for declaration and perpetual injunction. 3. Respondent/plaintiff averred that he is owner of Plots No. 35 and 36 situated in Ward No. 20, Dattatraya Nagar, City Survey Number 874, Khasra No. 48 and 33 under Sakkardara Street Scheme Layout of Nagpur Improvement Trust. Suit plot no. 35 was leased out to plaintiff by the Nagpur Improvement Trust on 12th June 1996 for residential purpose. Plot No. 36 was initially leased out to one ...
Vijaykumar and Others Vs. The Director of Municipal Administration and ...
Court: Mumbai Nagpur
Decided on: Aug-27-2015
Oral Judgment: (B.P. Dharmadhikari, J.) 1. We have heard Advocate Mrs. R.D. Raskar for petitioner and Mrs. M.N. Hiwse, Assistant Government Pleader for the respondent Nos.1 to 3. Nobody for respondent No.4. 2. Learned A.G.P. also sought adjournment pointing out that no reply has been filed on behalf of the respondent Nos.1 to 3 till this date. As the request for adjournment was opposed by the petitioner and our attention has been drawn to order passed by this Court earlier, we rejected the request for adjournment. In this situation, without prejudice to said request of adjournment learned A.G.P. has assisted the Court in the matter. 3. Advocate Mrs. R.D. Raskar submits that the petitioner, who expired during the pendency of the matter seeks proper pay scale from 1.1.1986. He was working as City Engineer with respondent No.4 and after wage revision by State Government in relation to its employees w.e.f. 1.1.1986 pay scale of Rs.2000“3500 was extended to him from 1.1.1986. However,...
Karimuddin @ Karimlala Kazi Vs. Deepak and Others
Court: Mumbai Nagpur
Decided on: Aug-26-2015
Oral Judgment: 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The petitioner was elected as the Member of the Municipal Corporation from Prabhag No.21B on 16.04.2012. On 20.04.2012, an Election Petition No.1 of 2012 under Section 16 of the Maharashtra Provincial Municipal Corporation Act, 1949 (for short the said Act?) was preferred challenging his election on the ground that, on the date of his election, the petitioner was disqualified under Section 10 of the said Act, because the order of conviction passed by the Sessions Court against him on 25.06.2007 sentencing him to suffer an imprisonment for a period of one year, was operating. This election petition has been allowed by the learned Civil Judge, Senior Division, Chandrapur on 16.01.2015 declaring that the petitioner was disqualified for being a Councilor from Prabhag No.21B of the Municipal Corporation of City Chandrapur and his election is set aside. Hence, thi...
Sai Wardha Power Ltd. Vs. M/s. Goyal Dhatu Udyog Pvt. Ltd.
Court: Mumbai Nagpur
Decided on: Aug-26-2015
1. Heard learned advocates for the respective parties. 2. RULE. Rule made returnable forthwith. 3. The petitioners/original defendants have filed this petition challenging the order passed by the trial Court rejecting the application (Exh.16) filed by the petitioners praying that the parties be referred to arbitration. 4. The respondent has filed civil suit against the petitioners praying for the decree for Rs.36,24,598/- along with interest. According to the respondent/ plaintiff, the petitioners / defendants are liable to pay the amount of Rs.28,53,743/- towards the balance payment for the supply of goods made in February, 2014. The respondent/ plaintiff contends that as per the terms and conditions incorporated in the bills, the plaintiff is entitled to charge interest @ 24% per annum if the payment is not received within 30 days and therefore, the amount which is sought to be recovered from the petitioners, includes interest of Rs.2,60,825/-. In addition, the respondent/plaintiff h...
Anoop Ganpatrao Bobde Vs. Dnyansagar Bahnuuddeshiya Shaikshanik Sansth ...
Court: Mumbai Nagpur
Decided on: Aug-25-2015
Oral Judgment: 1. The School Tribunal partly allowed the Appeal No. 67 of 1999 filed by the petitioner under Section 9 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rules 1981 (hereinafter referred to as "the M.E.P.S Act" and "the said Rules"), challenging his termination from service with effect from 03.07.1999. The School Tribunal has declared the termination to be illegal and void and it is set aside. The appellant is held entitled to compensation of the salary of six month including pay and allowances, if any, against loss of employment and the Management was directed to pay six months full salary at the rate prevailing on the date of decision of the appeal on the post of Physical Education Teacher within a period of 60 days. 2. The employee is before this Court and claims modification of the order passed by the School Tribunal, seeking reinstatement in service with full backwages. None of the respondents have preferred any appeal c...
The Branch Manager, The United India Insurance Company Limited Vs. Shi ...
Court: Mumbai Nagpur
Decided on: Aug-21-2015
1. Heard the learned Counsel for the respective parties. 2. By this appeal, the appellant-Insurance Company has prayed to quash and set aside the Award dt.12.3.2004 passed by the learned Member of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.590 of 1997 against the appellant. 3. The facts, briefly stated are as under: Claimant Shivbodhan Singh is father of motor vehicle accident victim Rajesh while Shilvanti Devi/respondent no.3 is mother of said unfortunate Rajesh. Victim Rajesh was studying in Polytechnic Institute at Nagpur. On 4.7.1997, at about 10.30 a.m. while proceeding on his Hero Moped No.MFW 1763 on the way between Somalwada via Wardha road, Rajesh had halted his moped and was standing on the extreme southern side of the tar road when offending motor vehicle i.e. Tanker bearing registration No.MH-31 M-7740 came from behind and dashed him. In the result, he fell down. The tanker ran over his leg. He sustained severe injuries. He was admitted to Medical Colle...
Meenadevi Vs. Narmadabai @ Leelabai
Court: Mumbai Nagpur
Decided on: Aug-21-2015
Oral Judgment: 1. Heard submissions at the bar advanced on behalf of the learned Counsel for the appellant. 2. This Second Appeal is preferred against the Judgment and Order passed by the Principal District Judge, Amravati, dt.5.3.2014 in Regular Civil Appeal No.2 of 2008 whereby after setting aside the Judgment and Order passed by the trial Court in Regular Civil Suit No.107 of 1998 passed by 6th Joint Civil Judge (Jr.Dn.), Amravati on 24.10.2007, the learned 1st Appellate Judge dismissed the suit for possession and removal of encroachment and granted perpetual and mandatory injunction directing the defendant to stop flowing of rain water falling on terrace of the plaintiff and to divert the rain water falling from the outlets mentioned as D1 to D3 away from the approach way. 3. The learned Counsel for the Appellant invited my attention to the fact that the suit was instituted by the plaintiff in respect of the plot admeasuring 3200 sq. ft. bearing plot no.17, Sheet no.48 at mouza Tar...
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