Mumbai Court October 2012 Judgments
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PravIn S/O. Manohar Dhabekar and Others Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-20-2012
Oral Judgment: (A.P. Bhangale, J.) 1. This appeal is directed against the Judgment and Order dt.19.3.2012 passed in Sessions Trial No.170 of 2011 by the learned Additional Sessions Judge-5, Nagpur whereby the appellants were convicted of the offences punishable under Section 302 r/w. Section 149 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life and to pay a fine in the sum of Rs.200/- each, in default to further suffer rigorous imprisonment for 15 days. They were also convicted for the offence punishable under Section 143 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for three months and to pay a fine in the sum of Rs.100/- each, in default to suffer further rigorous imprisonment for 15 days. They were further convicted for the offence punishable under Section 147 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.100/- each, in default to further suffer rigoro...
Sitaram S/O Ambadas Dhanad Vs. Ashok S/O Manaji Gavhane and Others
Court: Mumbai Aurangabad
Decided on: Oct-20-2012
Oral Judgment: 1] Heard respective learned counsel for the parties. 2] This is an appeal preferred by the appellant (original complainant) challenging the order, dated 17.8.2009, passed by the learned Judicial Magistrate, First Class, Gangapur, thereby dismissing the complaint filed by the complainant in default and discharging the accused, for the offences punishable under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code, since the complainant has filed the private complaint against the accused and since the orders passed by the learned Trial Court dismissing the complaint in default and discharging the accused amounts to acquittal of the accused. 3] Admit. Shri P.P.Khandagale, learned counsel waives service of notice for respondent nos. 1 to 4 and Shri B.J.Sonawane, learned A.P.P. waives service of notice for respondent no.5, after admission. With the consent of the learned counsel for the parties, present appeal is taken up for final hearing. 4] It is alleged by the appe...
Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...
Court: Mumbai Aurangabad
Decided on: Oct-20-2012
U.D. Salvi, J. 1. These appeals arise out of the judgment and order dated 31.12.2010, passed by the learned Additional Sessions Judge-4, Aurangabad in Sessions Case No.307/2009. 2. Learned Additional Sessions Judge-4, Aurangabad convicted and imposed sentences on the appellants/ accused in Criminal Appeal No.19/2011 on different counts as under: i) The appellants/ accused in Criminal Appeal No.19/2011 were sentenced to suffer R.I. for seven years and to pay fine of Rs.2000/- each, and in default of payment of fine to further undergo S.I. for six months each for commission of the offence punishable under Section 304-II of the Indian Penal Code, 1860. ii) The appellant/ accused No.1 in Criminal Appeal No.19/2011 was sentenced to suffer R.I. for one year and to pay fine of Rs.1000/-, and in default of payment of fine to undergo further S.I. for one month for commission of the offence punishable under Section 201 of the Indian Penal Code, 1860. iii) The appellant/ accused No.2 in Criminal ...
Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as “BVB”.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority - Nagpur Improvement Trust (hereafter referred to as “N.I.T.”) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to t...
Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...
Court: Mumbai Aurangabad
Decided on: Oct-20-2012
U.D. Salvi, J. 1. These appeals arise out of the judgment and order dated 31.12.2010, passed by the learned Additional Sessions Judge-4, Aurangabad in Sessions Case No.307/2009. 2. Learned Additional Sessions Judge-4, Aurangabad convicted and imposed sentences on the appellants/ accused in Criminal Appeal No.19/2011 on different counts as under: i) The appellants/ accused in Criminal Appeal No.19/2011 were sentenced to suffer R.I. for seven years and to pay fine of Rs.2000/- each, and in default of payment of fine to further undergo S.I. for six months each for commission of the offence punishable under Section 304-II of the Indian Penal Code, 1860. ii) The appellant/ accused No.1 in Criminal Appeal No.19/2011 was sentenced to suffer R.I. for one year and to pay fine of Rs.1000/-, and in default of payment of fine to undergo further S.I. for one month for commission of the offence punishable under Section 201 of the Indian Penal Code, 1860. iii) The appellant/ accused No.2 in Criminal ...
Motabhai Paras Private Limited Vs. Western Paper and Yarn Pvt. Ltd.
Court: Mumbai
Decided on: Oct-20-2012
Oral Judgment:- The Petitioner, original Respondent, alleged occupant/trespasser, has challenged the Award under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) of sole Arbitrator dated 24 April 2009. The operative part of the Award is as under:- a) The Respondent shall forthwith cease to use the facilities granted by the claimant to the Respondent and described in the agreement dated 22 August 2002. b) The Respondent do pay to the claimant a sum of Rs. 1,89,000/- for the months of March, April and May 2005. c) The Respondent do pay to the claimant a sum of Rs. 2961000/- for wrongful use of the facilities for the period 1 June 2005 to 30 April 2009. In case the Respondent ceases to use and surrenders the facilities before 30 April 2009, it will pay lesser amount calculated at the rate of Rs. 2100/- per day for non user. d) The Respondent do pay to the claimant at the rate of Rs. 63000/- per month from 1 May 2009 till it ceases to use and surren...
Kawadu Sakharam Chaudhary Vs. M.S.R.T.C. Thr.Divn.Controller, Chandrap ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
P.C. By this petition, the petitioner impugns an order passed by the Industrial Court, Chandrapur on 12/06/2012 allowing a revision filed by the respondent- Corporation and setting aside the judgment passed by the Labour Court on 17/02/2010. 2. The petitioner was working as a conductor with the respondent-Corporation. While he was discharging duty on 01/07/2008, the bus was checked and it was found that certain passengers were travelling without tickets. Though the petitioner had recovered the fare from passengers, it was found that tickets were not issued to them. After departmental enquiry was conducted against the petitioner, a show cause notice was issued to the petitioner as to why he should not be dismissed from service. The petitioner approached the Labour Court against the show cause notice. 3. The Labour Court on an appreciation of the evidence on record, came to the conclusion that the enquiry held against the petitioner was fair and proper and the principles of natural justi...
Central Bureau of Investigation Vs. Raju Chintaman Sonawane and Others
Court: Mumbai Aurangabad
Decided on: Oct-20-2012
Oral Order: 1] Both proceedings are filed under Section 482 of Cr.P.C. to challenge some orders passed by Additional Sessions Judge, Jalgaon in Sessions Case No.8/2006. In the first proceeding, the orders passed on Exh.407 and 464 are challenged and in the second proceeding, the order passed on Exh.342 is challenged. These applications were filed by the widow of the deceased. She is respondent no.2 in this proceeding. Both sides are heard. Copies of some documents which include copies of orders passed by this Court in previous proceedings were also produced for the perusal of this Court. 2] The application at Exh.407 was filed to seek reliefs of directions to prosecution, the investigating agency and to mobile phone company and landline telephone company to produce some record like Call Details, Record of conversation etc. Particulars like the numbers of SIM cards and landline numbers were given by the applicant. It is the case of the widow of the deceased that the persons against whom...
Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...
Court: Mumbai Nagpur
Decided on: Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as BVB.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority Nagpur Improvement Trust (hereafter referred to as N.I.T.) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to the respondents named in the P.I.L. ...
Sitaram S/O Ambadas Dhanad Vs. Ashok S/O Manaji Gavhane and Others
Court: Mumbai Aurangabad
Decided on: Oct-20-2012
Oral Judgment: 1] Heard respective learned counsel for the parties. 2] This is an appeal preferred by the appellant (original complainant) challenging the order, dated 17.8.2009, passed by the learned Judicial Magistrate, First Class, Gangapur, thereby dismissing the complaint filed by the complainant in default and discharging the accused, for the offences punishable under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code, since the complainant has filed the private complaint against the accused and since the orders passed by the learned Trial Court dismissing the complaint in default and discharging the accused amounts to acquittal of the accused. 3] Admit. Shri P.P.Khandagale, learned counsel waives service of notice for respondent nos. 1 to 4 and Shri B.J.Sonawane, learned A.P.P. waives service of notice for respondent no.5, after admission. With the consent of the learned counsel for the parties, present appeal is taken up for final hearing. 4] It is alleged by the appe...
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