Mumbai Nagpur Court October 2016 Judgments
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Kundan Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-21-2016
A.S. Chandurkar, J. 1. By the present appeal filed under Section 374 (2) of the Criminal Procedure Code, 1973, the appellant takes exception to his conviction for having committed an offence punishable under Section 3 (a) as well as for the offence under Section 5 (j) (ii) and 5 (l) of the Protection of Children from Sexual Offences Act, 2012 [for short the said Act ]. The appellant has also been convicted for the offence punishable under Section 376 and Section 417 of the Indian Penal Code [for short the Penal Code ]. He has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/-. 2. Case of the prosecution is that the appellant, who was serving as a driver, was acquainted with one S - the prosecutrix. The appellant developed friendship with S and both had decided to get married after S attained the age of majority. In November, 2010, when the prosecutrix was studying in VIIIth Standard, the appellant had been to her place and had stated that as they had decided...
Smruti Vs. Anant and Others
Court: Mumbai Nagpur
Decided on: Oct-21-2016
Oral Judgment: (Vasanti A Naik, J.) 1. The family court appeal is ADMITTED and decided finally after perusing the original record and proceedings. 2. By this family court appeal, the appellant-wife challenges the judgment of the Family Court, Akola, dated 17.06.2013, allowing the petition filed by the respondent-husband for a decree of divorce under section 13(1)(i) of the Hindu Marriage Act on the ground that the appellant-wife had illicit relationship with the respondent Nos.2, 3 and 4 during the subsistence of her marriage with the respondent-husband. 3. The appellant-wife (hereinafter referred to as the wife for the sake of convenience) and the respondent-husband (hereinafter referred to as the husband ) were married at Hiwarkhed in Akola district on 25.06.2000, according to the Hindu rites and custom. A girl named Khushi and a boy named Harsh were born from the wedlock. The parties resided together till 08.06.2012 at Akola. The husband then filed a petition for a decree of divorce...
Ramdas and Others Vs. The State of Maharashtra, through the Secretary, ...
Court: Mumbai Nagpur
Decided on: Oct-18-2016
B.R. Gavai, J. 1. All these four petitions challenge the notification issued by the State of Maharashtra/respondent no.1 herein dated 12th November, 2014 under the provisions of sub-section 2 of Section 37 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the said Act ) thereby sanctioning modifications with certain conditions in the Development Plan for the City of Nagpur and for that purpose, amending notification dated 4th November, 2008. 2. The facts and the grounds raised in all these petitions are almost identical with one additional factual challenge insofar as Writ Petition No.5056 of 2016 is concerned. As such, all these four petitions are heard together and decided by this common Judgment and Order. 3. The facts, in brief, giving rise to the present petitions are as under: In the year 2000-2001, the Planning Authority for the City of Nagpur had proposed to increase width of one road known as Kelibag Road from 15 meters to 24 meters. In the D...
Ramrao Bhauji Bhagat (since deceased, through L.Rs) and Others Vs. Ann ...
Court: Mumbai Nagpur
Decided on: Oct-17-2016
1. In Special Civil Suit No. 183 of 1987, the trial Court passed a decree on 28.03.1991 holding that the plaintiff do recover the possession of the suit property from the defendants along with an amount of Rs.9,000/- as past mesne profit. An enquiry under Order XX, Rule 12 of C.P.C has also been directed to be made. Regular Civil Appeal No. 125 of 1991 preferred by the original defendant Nos. 1, 2 and 3 and Regular Civil Appeal No. 127 of 1991 preferred by one Yeshwant against the decision in Regular Civil Suit No.230A of 1991, were decided by the lower appellate Court by common judgment and order dated 24.03.1995. Appeal No. 125 of 1991 was partly allowed by setting aside the judgment and decree passed by the trial Court in Special Civil Suit No. 183 of 1987 to the extent of recovery of damages of Rs.9,000/-, but rest of the judgment and decree passed by the trial Court was confirmed. Regular Civil Appeal No. 127 of 1991 was dismissed. This second appeal is preferred by the original d...
Sandip Ganpatrao Bhadade and Another Vs. The Additional Commissioner a ...
Court: Mumbai Nagpur
Decided on: Oct-17-2016
1. Heard the learned counsels appearing for the parties. Rule. Taken up for final disposal. 2. In both these matters, the petitioners were elected as a Member of a Panchayat in the election held on 22-4-2015. By common order dated 8-12-2015, both the petitioners were disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (for short, the said Act ), and the said order has been confirmed by the Additional Commissioner, Amravati Division, Amravati in an appeal preferred under Section 16(2) of the said Act. 3. The authorities below have held that petitioner-Sandip Ganpatrao Bhadade in Writ Petition No.431 of 2016 is residing on the property admeasuring area 37.50 sq.mtrs. of Plot No.957 owned by Tukaram Karnaji Bhadade, which is an encroachment over the land owned by the Public Works Department. In respect of petitioner-Sau. Sangita Vijay Choudhary in Writ Petition No.514 of 2016, the finding is recorded that she is residing on Plot No.77, which is the proper...
State of Maharashtra and Another Vs. Mahendra Bhaskar Pavre and Anothe ...
Court: Mumbai Nagpur
Decided on: Oct-13-2016
B.P. Dharmadhikari, J. 1. Accused Mahendra Bhaskar Pavre has been sentenced to death by Additional Sessions Judge (Link Court), Mehkar vide judgment dated 16.05.2016 in Sessions Trial No.42/2014. Prosecution case in brief is P.W.5 Chhaya is his wife. Deceased Ku. Kalyani (5 years) and deceased Ku. Shital (2 years) were their daughters. They have a son by name Yuvraj, who was then 7 years old. On 24.01.2014, father of Chhaya by name Tejrao Vithoba Thorve (P.W.6) came to her residence at village Jaulka at about 3 p.m. Accused returned back to home at about 5 p.m. in an inebriated condition. He asked Chhaya why her father had arrived, quarreled with her, beat her up by fists and slaps. He also slapped Tejrao when latter tried to save his daughter. Chhaya then cooked food and after dinner family went to sleep. Chhaya and her two daughters slept inside the room, while Tejrao and Yuvraj slept in verandah of house of Bhaskar, who happens to be father of accused. Accused slept in front of the ...
Indorama Synthetics (I) Ltd., through its Vice President (HR) Vs. Dush ...
Court: Mumbai Nagpur
Decided on: Oct-05-2016
1. In Application, bearing B.I.R. Case No.22 of 1998, filed by the ten employees of the petitioner-Company in the Labour Court on 21-2-1998, the provisions of Section 42 read with Items 1, 2, 4 and 5 under Schedule II of the Bombay Industrial Relations Act, 1946 were invoked alleging their transfer from Polyester Department to Spurn Yarn Department amounted to illegal change , as defined under sub-section (15) of Section 3 of the Bombay Industrial Relations Act. The Labour Court, by its judgment and order dated 5-12-2006, allowed the said application and passed an order, the operative portion of which, is reproduced below: 1. The application filed by the applicants is allowed. 2. The non-applicant is directed to give original work to the applicants in the Polyester utility department and give all consequential benefits from the date of illegal change made by the nonapplicant i.e. 2.10.98. 3. No order as to cost. The Industrial Court dismissed Appeal (BIR) No.1 of 2007 by its judgment ...
Mohd. Hanif and Others Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-04-2016
Oral Judgment On Preliimiinary Issues. B.P. Dharmadhiikarii, J. 1. These two appeals under Section 374[2] of the Criminal Procedure Code arise out of common judgment dated 30.03.2016, delivered in Sessions Trial Nos. 144/2012 and 233/2014. Accused persons are found guilty of committing various offences like under Section 143, 144, 147, 148 and Section 324 read with Section 149, Section 302 read with Section 149 of Indian Penal Code. The maximum imprisonment imposed is for offence punishable under Section 302 read with Section 149 of Indian Penal Code, and they are sentenced to imprisonment for life and fine of Rs. 10,000/- each. Looking to the challenge as posed, it is not necessary to mention other punishments which are imposed upon them by the impugned judgment. 2. Basically arguments have been advanced in Criminal Appeal No. 139/2016, where the original accused no.5 Mohd Hanif and accused no.6 Mohd. Azam are the appellants. These arguments are urged to be sufficient to vitiate the c...
Jayashri Vs. Umesh
Court: Mumbai Nagpur
Decided on: Oct-01-2016
Indira Jain, J. 1. Admit. 2. Heard finally with the consent of the learned Counsel for the parties as record and proceedings are received. 3. By this appeal appellant/wife challenges the judgment of the Family Court, Akola dated 18-05-2015 allowing the petition filed by respondent/husband for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. 4. Facts giving rise to the appeal may be stated in brief as under: Appellant and respondent (hereinafter appellant shall be referred as wife and respondent shall be referred as husband ) were married on 08-05-2011 at Amravati as per customary rites. After marriage wife went to Akola to cohabit with the husband in a joint family. At the time of marriage husband was serving in Axis Bank Branch at Pimpalgaon Baswant in District Nasik. 5. It is the case of husband that since beginning behaviour of wife was not proper. She was insisting to reside separately from joint family consisting of husband ...
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