Mumbai Nagpur Court August 2016 Judgments
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Datta Shankar Unhale and Others Vs. Gokarnabai
Court: Mumbai Nagpur
Decided on: Aug-11-2016
Oral Judgment 1. The trial Court dismissed Regular Civil Suit No. 327 of 1999 (old Special Civil Suit No. 406 of 1996) on 10.04.2000 for passing a decree for rectification of instrument i.e. gift deed dated 16.06.1967 executed by one Sadashiv in favour of his daughter-in-law and for possession of the suit property alongwith future mesne profit. The lower appellate Court allowed Regular Civil Appeal No. 152 of 2000 by its judgment and order dated 30.07.2003 and the suit has been decreed after setting aside the decision of the trial Court. The lower appellate Court granted a decree for rectification of gift deed dated 16.06.1967 and directed delivery of possession of the suit property to the plaintiff. The enquiry into mesne profit has also been ordered. The original defendants are before this Court in this second appeal. 2. The basic question involved before the Courts below was whether the plaintiff is entitled for rectification of registered gift deed dated 16.06.1967 marked as Exh.47...
Shilpi Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-11-2016
Oral Judgment: (B.R. Gavai, J.) 1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties. 2. The applicants have basically approached this Court for quashing and setting aside the First Information Report No.3 of 2012 and the consequent charge-sheet in Sessions Case No.150/2012 for the offences punishable under Sections 304, 201, 209 read with 34 of the Indian Penal Code and for the offences punishable under Section 146 read with Section 196, Section 133 read with 187, Section 39(1), Section 61(1) read with Section 192(1) and Section 197 of the Motor Vehicles Act. 3. It appears that one student Virath Jhade who was the student of the Central India Public School, Kapsi (Khurd), Nagpur had died in an accident. As such on 9.1.2012 Crime No.3 of 2012 came to be registered by Hudkeshwar Police Station for the offences punishable under Sections 279, 304-A of the Indian Penal Code against the driver of the school bus bearing registration N...
Fanindrakumar Laxman Baghele Vs. Zilla Parishad, Bhandara, through its ...
Court: Mumbai Nagpur
Decided on: Aug-10-2016
Oral Judgment:(B.P. Dharmadhikari, J.) 1. In this Writ Petition two questions fall for determination. First one is whether the petitioner an employee on contract basis since 2010-2010 can be treated as employee previously in Zilla Parishad service so as to enable him to claim extended age of 45 years while applying for the recruitment. Second question is whether the application submitted for the employment by the petitioner was in accordance with the stipulation in Clause 11 of the recruitment advertisement dated 31-10-2015. 2. The last date for submission of application was 13-11-2015 and the petitioner applied on 06-11-2015. Insofar as the provision for age is concerned, it is contended by the learned Advocate for the petitioner that the petitioner though belonging to Other Backward Class category has applied in open category and therefore the age of recruitment for the petitioner is 33 years and if he is above 33 years his application cannot be looked into. The learned Advocate for ...
Shrikrushna Onkarrao Raipure Vs. Divisional Commissioner, Amravati and ...
Court: Mumbai Nagpur
Decided on: Aug-09-2016
Oral Judgment: (B.R. Gavai, J.) 1. Rule. Rule returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2. The petitioner has approached this Court, being aggrieved by the order dated 23.02.2013 vide which the period spent by the petitioner outside the prison after expiry of his parole period came to be treated as absence and penalty in the ratio of 1:3 days was imposed upon him. 3. The petitioner applied for parole on the ground that his mother was seriously ill and the said application was allowed on 04.04.2011 and the petitioner was released on parole on 12.04.2011 for 30 days. The petitioner, thereafter applied for extension for a further period of 30 days. The same was also granted. The petitioner again applied for extension of parole for further period of 30 days. Vide order dated 14.07.2011 the said application was rejected. However, the prior to the rejection of the application, the petitioner had surrendered on 02.07.2011 i.e. belatedly by 20 days....
Priti and Another Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Aug-09-2016
V.M. Deshpande, J. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the respective parties. 2. The facts giving rise to the present application are as under: (a) Applicant no.1-Priti and applicant no.2-Mukund are sister and brother. Non applicant no.2 is father of Ravindra Bhange. Marriage between applicant no.1-Priti and Ravindra was solemnized on 03.06.2013. (b) After four months of marriage, Priti lodged report with Police Station, Ladkhed against her husband Ravindra. Non applicant no.2-Shankarrao, her father in law, Shobha her mother in law and Ajay, her brother in law on the allegation that in the marriage parents of Priti gave Rs.3,00,000/- in cash and also various household articles. After marriage, for first 20 days, she was treated nicely. Thereafter, she went to her parental house at Digras for some days and on her return to her matrimonial house, there was a demand of Rs.5,00,000/- to her by the accused persons. Ultimately, the il...
Sopan and Others Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Aug-09-2016
V.M. Deshpande, J. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the respective parties. 2. The facts giving rise to the present application are summarized as under: (a) The applicants are having their agriculture property bearing Survey No.17/1, situated at Mouza Talap, Tq. Manora, Dist. Washim admeasuring 1 Hectare 16 R. The said property is inherited by them from Vishwanath and it is under their cultivation. (b) Non applicant no.2-Vishnu is cultivating the adjacent agricultural field. He instituted a civil suit bearing Regular Civil Suit No.47/2013 in the court of Civil Judge Junior Division, Manora and claimed restraint order against the applicant Nos.1 to 4 from entering the field survey no.17/1. The suit filed by non applicant no.2 is still pending on the file of C.J.J.D., Manora. (c) Nandkishor is the son of non applicant no.2. He was missing from 02.10.2015 and he was found dead on 03.10.2015. His dead body was found in common well...
Ishwar Tulsiram Wanjari and Others Vs. Kawdu Santosh Kabhe
Court: Mumbai Nagpur
Decided on: Aug-03-2016
Oral Judgment: 1. Admit. Heard finally by consent of the learned counsels appearing for the parties. 2. The lower appellate Court on 07.11.2015 has condoned the delay of 959 days (in the application, mentioned as 1000 days) caused in filing Misc. Civil Appeal No. 260 of 2015, challenging the decree passed by the trial Court granting declaration of title and possession of the suit property in favour of the plaintiff. This is the subject matter of challenge in this revision application. 3. The case of the respondent-defendant before the lower appellate Court in the application for condonation of delay was that the respondent was not served in the matter and the decree passed by the trial Court was exparte. The lower appellate Court has recorded the finding in paragraph No. 9 of the impugned order, which is reproduced below. "9. On perusal of the copies of Rojnama Exh.31, it appears that NAs filed application on 2.7.2009 before learned lower Court in Spl. Civil Suit No. 1308/ 2008 vide Ex...
The Agricultural Produce Market Committee, Hinganghat through its Secr ...
Court: Mumbai Nagpur
Decided on: Aug-03-2016
Oral Judgment: 1. The petitioner takes exception to the order dated 10-12-2008 passed by the Divisional Joint Registrar, Co-operative Societies Nagpur in the appeal preferred by the respondent no.1 under provisions of Rule 104 of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (for short, the said Rules). 2. The facts giving rise to the present writ petition are that the respondent no.1 was serving as Secretary at the petitioner Market Committee. According to the petitioner, he was paid transport allowance @ Rs.1000/- per month to which, according to the petitioner, he was not entitled. On 10-4-2007, the Market Committee passed resolution no.4(a) thereby resolving to recover the amount of transport allowance that was received in excess by the respondent no.1. Another resolution bearing No.4(b) was passed on the same day for recovering advance amount paid to the respondent no.1 from his provident fund account. In view of aforesaid resolutions, the Market Committe...
Nirmala Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-02-2016
Oral Judgment: (V.M. Deshpande, J.) 1. The present appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge-I, Amravati in Sessions Trial No.22 of 2013, dated 15th of April, 2014. By the impugned judgment, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000/- and in default of payment of fine she was directed to suffer Simple Imprisonment for six months. 2. Following is the prosecution case: (a) Jagdish Khanve (PW 5) was attached to Morshi Police Station as a Head Constable. On 18th of October, 2012, an information was received from Morshi Sub-District Hospital in respect of sustaining burn injuries of one Pranita Moreshwar Sonare and that she was referred to Amravati Hospital. The said information was reduced as Sana Entry No.37 of 2012. (b) Vijay Patil (PW 10), Police Inspector of Morshi Police Sta...
Vasantrao Digambarrao Nalkande Vs. Raghunath Deolal Nalkande
Court: Mumbai Nagpur
Decided on: Aug-02-2016
Oral Judgment 1. The substantial question of law involved in the matter is as under; Whether the lower appellate Court could have remanded the matter back to the trial Court for carrying out measurement by the Court Commissioner after removing the defects pointed out by the lower appellate Court? Admit. Heard finally by consent of the learned counsels appearing for the parties. 2. The accurate map showing correct measurements so as to decide the ultimate question of alleged encroachment was required to be prepared by the Cadastral Surveyor. The lower appellate Court has pointed out some defects in the procedure of preparing such map, deposed by the Cadastral Surveyor himself. The relevant observations of the lower appellate Court are contained in Paragraph No.18, which is reproduced below. "18] It is important to point that the witness in his cross examination has given candid admission by saying that the Tipan extract was prepared by him. The said Tipan extract is produced at Exh.86. ...
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