Mumbai Court September 2009 Judgments

Gajanan S/O Laxman Ghate Vs. State of Maharashtra, Through Police Stat ...

Court: Mumbai

Reported in: 2009(111)BomLR4104

D.D. Sinha, J.1. Heard Shri Badar, learned Counsel for the appellant, and Shri Jichkar, learned Additional Public Prosecutor for the respondent.2. The criminal appeal is directed against the judgment and order dated 2.12.2003 passed by the Additional Sessions Judge, Khamgaon in Sessions Case No. 12/2003 whereby the appellant was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees two thousand and in default of payment of fine, to suffer simple imprisonment for six months. The appellant was acquitted for the offence punishable under Section 498A of Indian Penal Code.3. The prosecution case, in nutshell, is as follows:The appellant was a resident of Motipura, Ward No. 14, Nandura, District Buldana. He was the husband of deceased Sushila. The marriage of appellant with Sushila had taken place in 1993. Till Sushila gave birth to female child, the appellant treated her well. However, after she ga...

Kaka @ Anil Namdeo Magar Vs. the State of Maharashtra

Court: Mumbai

Reported in: 2009(111)BomLR4276

Shrihari P. Davare, J.1. Challenge in this appeal is to the judgment and order rendered by the learned Adhoc Additional Sessions Judge-1, Latur, in Sessions Case No. 50 of 2006 on 23.2.2007, convicting the appellant/accused No. 1 for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and also fine.2. The factual matrix, as recited in the first information report, are as follows:Complainant PW5 Gulab Rama Kamble is the resident of Siddheshwar Ves, Latur and was residing along with his family members consisting of his wife, namely PW1 Chandrabhaga and 7 sons and 2 daughters including the victim deceased Bharat, out of which, 4 sons and 1 daughter were married. The house of accused No. 4, namely Nandeo Shekhaji Magar was situated in front of house of the complainant and accused No. 4 is having 3 sons i.e. Accused Nos. 1 to 3 herein, namely Kaka @ Anil Namdeo Magar i.e. appellant herein, Sunil Namdeo Magar and Ambadas Namdeo...

Shri Atul Naik Son of Madhukar Naik Vs. State Through Public Prosecuto ...

Court: Mumbai

Reported in: 2009(111)BomLR4419

N.A. Britto, J.1. This appeal has been filed by the accused who had been charged, tried, convicted and sentenced in Special Case No. 2 OF 2003 by the Learned Special Judge, Margao, by Judgment dated 27.11.2008 under Section 7 and Section 13(1)(d) and (2) read with Section 13(2) of the Prevention of Corruption Act, 1988. The accused has been sentenced under Section 7 of the said Act to undergo R.I. for a period of one year and to pay fine of Rs. 10,000/-in default to undergo imprisonment for a term of three months and under Section 13(1)(d)(2) read with Section 13(2) to undergo R.I. for a period of one year and to pay a fine of Rs. 10,000/-in default to undergo further R.I. for a period of three months. Both the sentences have been ordered to run concurrently.2. The allegation against the accused is that on 8.10.2002 at about 5.30 p.m. at Old Market, Margao, the accused being the Secretary of the Village Panchayat of the Davorlim-Dicarpale, Salcette, Goa, and as such a public servant, d...

Deepti Anil Devasthali and Leena Anil Devastnali Vs. State of Maharash ...

Court: Mumbai

Reported in: 2009(111)BomLR3981

Mridula Bhatkar, J.1. Accused No. 1 Deepti Anil Devasthali (daughter of Accused No. 2) and Accused No. 2 Leena Anil Devasthali are convicted by the learned Ad Hoc Sessions Judge, Pune by judgment and order dated 27th December, 2007 for committing the offence of abduction and murder of one Dr. Deepak Mahajan alongwith other offences. They are sentenced to death for the offences of abduction for ransom and murder. Hence this appeal against the conviction filed by both the Accused and the reference for confirmation.2. As per the case of the prosecution Accused No. 1 Deepti and Accused No. 2 Leena who are related as daughter and mother conspired to abduct Dr. Deepak Mahajan in order to demand ransom and commit his murder. Both the ladies started a detective agency by name Blue Bird Detective Agency having its office at Shaniwar Peth, Near Omkareshwar Temple, Pune. On 11/6/2006 they gave an advertisement in newspaper Sakal that they wanted to employ young, healthy and clever men to work in ...

Shri Nandkishore Laxminarayan Agarwal Through Power of Attorney Ghansh ...

Court: Mumbai

Reported in: 2010(1)MhLj907

P.R. Borkar, J.1. This is a writ petition which challenges the order of attachment passed by the Assistant Commissioner and Recovery Officer, Employees Provident Fund Organization, Maharashtra and Goa. By its order dated 14.08.1996, it attached the property of respondent No. 4 that was purchased by present petitioner in the auction sale held by respondent No. 3 Bank on 23.07.1996. The petitioner paid amount of Rs. 31,35,000/-. As per the attachment order the attachment was for a sum of Rs. 3,63,230/-. Said amount is said to be deposited under protest on 20.08.1996. According to the petitioner, issuance of recovery certificate and attachment by the order dated 14.08.1996 is illegal and needs to be quashed and set aside.2. Heard learned advocate Shri Marlapalle for the petitioner. He has argued that, what were purchased were dead assets. The factory was closed long back and therefore it is not an establishment and Section 17B of the Employees of the Provident Fund and Miscellaneous Provi...

Seema Rajkumar Kadam Vs. Mr.Arun SarIn Citis Ltd. (iiht), Pune

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order :- Per Shri P.N. Kashalkar, Honble Presiding Judicial Member We heard Mrs. Lalita Panchakshari, Advocate for the appellant. She has filed an application and requested this appeal should be allowed to be withdrawn as desired by her client. Advocate Mr. Rahul Salve though present for the respondent has not filed his Vakalatnama. He has no objection for withdrawal. We therefore, pass the following order:- Order:- 1. Appeal stands dismissed as withdrawn. 2. No order as to costs. 3. Copies of the order be furnished to the parties....

Life Insurance Corporation of India, Divisional Office, Mumbai and Ano ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Shri S.R. Khanzode, Honble Presiding Judicial Member. This appeal arose out of order/award dated 04.10.2008 passed in Consumer Complaint No. 02/2008 (complaint filed on 02.01.2008, Shri Ulhas Nilkanth Chilekar V/s. L.I.C. of India), by Thane Forum, hereinafter referred to as forum below). Respondent/Original Complainant, hereinafter referred to as the complainant, admittedly had taken insurance policy for his daughter Swapna Ulhas Chilekar, who died due to fire injury on 10.08.2003. Insurance claim was made on 2nd September, 2003 and the same stood repudiated by Appellant/Insurance Company, hereinafter referred to as the insurance company, by its letter dated 13.09.2003 and again communicated the same decision vide letters dated 29.10.2003 and 21.07.2004. The repudiation of the claim is on the ground that on account of failure to pay the annual premium even within the grace period of 30 days, the policy stood lapsed and as such no insurance claim could be entertained. Thereafter,...

Lic Housing Finance Ltd., Reg. Office at Jeevan Prakash, Mumbai Vs. Sh ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri P.N. Kashalkar, Honble Presiding Judicial Member This appeal is filed by org. O.Ps. aggrieved by the judgment/award passed by District Consumer Disputes Redressal Forum Kolhapur in consumer complaint No.518/1998, whereby while allowing the complaint, Forum below directed the O.P./LIC Housing Finance Ltd. to pay to the complainant a sum of Rs.9,525.70 with interest @ 17% p.a. from 11/11/1996 and to return excess amount charged on the loan and also directed to pay Rs.1,000/- towards mental agony and Rs.250/- towards costs. The respondent herein had taken housing loan from O.P./LIC Housing Finance Ltd.. He received cheque of loan on 01/01/1997. It was for the amount of Rs.3,80,000/-. However, it was the grievance of the complainant that he was charged interest illegally by O.Ps. for the month of November and December 1996 while recovering the loan amount. According to him, cheque was prepared by O.P. in his name on 11/11/1996 but, cheque was given to him on 01/01/199...

The Chief Post Master, R.P.L.i., Mumbai G.P.O. Annexed Bldg. Mumbai an ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member Mr. N.J. Gonsalves, Advocate present for the appellants and Mr.Anis Shaikh, Advocate present for the respondent. He files Vakalatnama, taken on record. Since, original record is not available, the same is reconstructed by taking papers from the appellants, to which respondent has no objection. Heard forthwith. This appeal arises out of order/award dated 06/09/2008 passed in consumer complaint No.82/2008, Shri Somnath Dashrath Gaikwad V/s. The Chief Post Master, R.P.L.I., G.P.O. Mumbai and Another by District Consumer Disputes Redressal Forum Nashik (Forum below in short). Undisputed facts are that respondent/org. complainant had taken Postal Life Insurance Policy of Rs.1 Lakh. He was required to pay monthly premium of Rs.370/-. According to the complainant, after he paid 36 months premiums during the period 11/03/2003 to March 2006, he had surrendered the policy and requested for settling the dues and make the paymen...

The Chairman Kranti Nagari Sahakari Patsanstha Ltd., Karad, Dist. Sata ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Mrs. S.P. Lale, Honble Member This appeal is directed against the order dated 21/07/1998 passed in consumer complaint No.185/1996 by District Consumer Forum Satara, whereby the Forum below directed the O.P. to pay an amount of Rs.42,000/- against the Fixed Deposit Receipts together with interest @ 18% p.a. from 15/09/1993 till the date of realization to complainant No.1. Forum below further directed the O.P. to pay Rs.10,000/- towards mental agony and hardship and Rs.5,000/- for the cost to the complainant. Being dissatisfied by the said order, O.P. has filed present appeal. When we called out the matter, none was present. Notices were sent to both the parties Under Certificate of Posting. Since the matter is of 1998, we are not inclined to adjourn the matter. On perusing the record, we are disposing of the appeal on merits. The case of the complainant before the Forum below was that Bhanudas Lokare, deceased husband of complainant No.1 had deposited Rs.21,000/- for p...