Mumbai Court March 2013 Judgments
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Sunil Prabhakar Nakhate Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Mar-13-2013
Oral Judgment: Heard. 2. Rule, made returnable forthwith. At the request of Mr. Salunke, Rule is heard forthwith. 3. Revision applicant questions conviction recorded in RCC No.73/2003 for offense under Section 324 of IPC by learned Judicial Magistrate, First Class, on 27.2.2006, who directed the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.500/-. The matter was carried in Appeal No.2/2006 and the appeal was dismissed by the learned Additional Sessions Judge on 6th Feb., 2013. 4. The revision applicant is in custody. On appreciation of evidence of the injured complainant, by both the Courts and reevaluation by this Court, illustrate that the applicant was conscious of nature of his assault and its consequences. He had inflicted thrice upon the complainant by a knife. Resultantly, there was profuse bleeding to the complainant. He was hospitalized for 12/13 days. His movements were restricted. The root cause for the crime or assault was the Gram Panchayat ...
Smt. Sharadabai Prakash Bhosale Vs. General Manager Icici Lombard Gene ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-13-2013
S. R. Khanzode, Presiding Judicial Member [1] This appeal filed by the Appellant/original Complainant, Smt. Sharadabai Prakash Bhosale (hereinafter referred to as the Complainant takes an exception to an order dated 18/9/2009 passed by the District Consumer Disputes Redressal Forum, Sangli (hereinafter referred to as the Forum for the sake of brevity) in Consumer Complaint No.475 of 2008, Smt. Sharadabai Prakash Bhosale Vs. General Manager, ICICI Lombard General Insurance Company Ltd. and Another. It is the case of alleged deficiency in service on the part of the Respondent No.1/original Opponent No.1, ICICI Lombard General Insurance Company Ltd. (hereinafter referred to as the Insurance Company for the sake of brevity) for not considering the insurance claim that arose on the accidental death of Mr. Sachin Bhosale, who was the son of the Complainant, which occurred in a truck accident on 6/3/2006. Insurance claim was made under the Cultivators Personal Accident Policy which was tak...
Shree Ganesh Colling System Pvt.Ltd Through Its Managing Director Anil ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-13-2013
Narendra Kawde, Member: (1) Complainant is a company registered under Indian Companies Act, 1956 and engaged in the manufacturing and dealership of Air Conditioning Machinery, spare parts, accessories and also exports the same to the foreign countries (hereinafter referred to as Complainant). This consumer complaint is filed by the complainant company through Shri Anil Natvarlal Joshi, Managing Director alleging deficiency in service against opponent No.1 - National Aviation Company of India Ltd. and against opponent No.2 and 3, who are officers of the opponent No.1 and opponent No.4 i.e. Patel Freight. Cargo booking, forwarding agents as consignment containing Aluminium Brass Tube of 3250 kgs. was not delivered by Air Freight causing loss of business opportunity to the complainant. (2) It is the case of the complainant that the consignment of 3250 kgs. of Aluminium Brass Tubes was to be sent by Air urgently to M/s.Gercore Technical Services, Dubai (UAE) on or before 10/03/1998. Compla...
Mallappa Chanappa Nidoni Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-12-2013
Oral Judgment: [P.D. Kode, J.]: 1. The appellant assails the judgment and order dated 11th May, 2007, passed by the learned Additional Sessions Judge-2, Sangli, in Sessions Case No.123 of 2005, convicting him for committing the murder of his wife Kalavati and causing disappearance of the evidence of said murder for screening himself from legal punishment and on the first count sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/- and in default to suffer further rigorous imprisonment for six months and on second count to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default, further rigorous imprisonment for a period of three months. 2. According to the prosecution, the appellant along with wife deceased Kalavati and children PW-1 Tukaram, PW-3 Smt. Dhannakka and Parshuram, were residing at Borial Vasti. Kalavati and other ladies were working as agricultural labours in the field of one Siddrayya Birajdar, at some dista...
Ramkrishna Chauhan and Others Vs. Seth D.M. High School, Through the P ...
Court: Mumbai
Decided on: Mar-12-2013
A.M. Khanwilkar, J. 1) This Full Bench has been constituted by the learned Chief Justice in the light of reference made by the learned Single Judge of this Court Brother Justice Dr. D. Y. Chandrachud, in Writ Petition No. 315 of 2006, on 22nd January, 2007, by a speaking order. His Lordship in the reference order has adverted to the two line of decisions of this Court and also to the decisions of the Apex Court. His Lordship, has opined that in view of the law laid down by the Apex Court, in Hindustan Education Society and Ors. Vs. S. K Kaleem S. K. Gulam Nabi and ors. (1997 (3) Supreme 292)and the subsequent decisions in the case of BhartiyaGramin P. Sanstha vs. Vijay Kumar and Co. (2002) 6 SCC 707 = 2003 (1) Mh. LJ 563)and Kalpataru Vidya Samastha vs. S.B. Gupta (2005) 7 SCC 524), it may not be within the jurisdiction of the Tribunal to hold that an employee, who has been appointed on temporary basis, to be deemed to be appointed on probation, on the ground that there was a clear and...
Agostinho Cardozo Vs. Smt. Alzira Cardoza and Another
Court: Mumbai Goa
Decided on: Mar-12-2013
Oral Judgment: Heard Shri J. Godinho, learned Counsel appearing for the Petitioner and Shri Joshi, learned Counsel appearing for the Respondent no.1. 2. The above Petition challenges an Order dated 17.04.2011, passed by the learned J.M.F.C., Panaji, whereby the objections raised by the Petitioner to the application for maintenance filed by the Respondent no.1, came to be dismissed. 3. Shri Godinho, learned Counsel appearing for the Petitioner, has pointed out that an application has been filed by the Respondent no.1 to modify the amount of maintenance awarded in favour of the son Thomas Cardozo who was a minor at that time. Learned Counsel further pointed out that on the date of the filing of the said application, the said minor son had already attained majority and, as such, the application filed by the Respondent no.1 itself is not maintainable. Learned Counsel further pointed out that the relief which is sought by the Respondent no.1 is to modify the amount of maintenance for the pe...
Mohankumar Khushal PaThe Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Mar-12-2013
Oral Judgment: (R.C. Chavan, J.) Rule, returnable forthwith. By consent of the parties, matter is taken up for final hearing. 2. This petition seeks quashing of charge-sheet filed in Crime No.178 of 2001 before the Judicial Magistrate (F.C.), Chandrapur bearing Criminal Case No.458 of 2001. The charge-sheet came to be filed pursuant to report made by respondent no.2. The parties had also filed some proceedings before the Family Court in which settlement was reached. In terms of Clause 8 of the settlement, the respondent no.2 was supposed to withdraw the proceedings pending in the criminal court. The learned counsel for respondent no.2 states that respondent has no objection to the petition being allowed. Since the parties have amicably settled the dispute, the petition is allowed. The proceedings in Criminal Case No.452 of 2001 are quashed and set aside. Rule is made absolute in the above terms. No order as to costs....
Ganesh Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Mar-12-2013
Oral Judgment:(P.B. Varale, J.) By the present appeal, the appellant (hereinafter referred to as accused), is challenging the judgment and order passed by the learned 1st Adhoc Additional Sessions Judge, Yavatmal. The appellant-accused has been convicted of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs.500/-, in default to undergo rigorous imprisonment for one month. 2] Heard Ms. Shiwang Murthy, learned counsel (appointed) for the appellant and Mr. T.A. Mirza, learned Additional Public Prosecutor for the respondent/State. 3] The prosecution case can be summarized as follows : The report was lodged by complainant Pramod Shalikrao Dhote (P.W.1) at Police Station, Babhulgaon on 12.09.2003. It is stated in the report that the complainant is residing with his family members namely his mother, father and brother. It is further stated that as his family owns some animal husbandry/cattle namely she-buffallows, ...
SachIn Budhaji Shirke Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-11-2013
Oral Judgment: [Smt. V.K. Tahilramani, J.] 1. This appeal is directed by the appellant-original accused against the judgment and order dated 29.04.2005 passed by the learned 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 1 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 392 r/w 397 and under Section 302 of IPC and sentenced him as follow:-Convicted UnderSentenced toSection 392 r/w 397 of IPCR.I. for 7 Years and fine of Rs. 500 IDRI for 1 Month.Section 302 of IPCImprisonment for life and fine of Rs. 1000 IDRI for 2 months. The learned Sessions Judge also directed that the substantive sentences of imprisonment shall run concurrently. 2. The prosecution case briefly stated, is as under: First informant PW 4 Jaidev and deceased Govind were friends. They were residing and working together. On the day of the incident at about 05.00 a.m., they went to chowpatty. They were standing on sand, talking to each oth...
Vishnukumar Buddhakumar Ranjit Kancha @ Nepali and Others Vs. State of ...
Court: Mumbai
Decided on: Mar-11-2013
Oral Judgment: (Smt. V.K. Tahilramani, J.) This appeal is directed by the appellant-original accused against the judgment and order dated 12.07.2006 passed by the learned 3rd Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.678 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 309 of IPC and sentenced him as follow:-Convicted UnderSentenced toSection 302 of IPCImprisonment for life and fine of Rs.500 IDRI for 3 Months.Section 309 of IPCS.I. for 15 Days. The learned Sessions Judge also directed that the substantive sentences of imprisonment shall run concurrently. 2. The prosecution case briefly stated, is as under: (a) First Informant PW 1 Mithu was residing in a bungalow situated at 785, R.K. Market, Kamathipura, Mumbai. She used to conduct prostitution business from the said place. There were six girls staying in her bungalow who were also indulging in prostitution business. Some of them were PW 2 M...
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