Mumbai Court May 2013 Judgments
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Arvind Bakelal Verma Vs. State of Maharashtra
Court: Mumbai
Decided on: May-10-2013
This is an Appeal by the Original Accused No.1 in Sessions Case No.455 of 2007. 2. The Original Accused No.1/Appellant before me is aggrieved and dissatisfied with the Judgment and Order of conviction passed by the 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai dated 8th August, 2008. 3. By this Judgment and Order, the Appellant/Original Accused No.1 is convicted of the offence punishable under Section 489-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/-. In default, he has to undergo simple imprisonment for three years. 4. The operative order reads as follows :- "01) Accused No.1 Arvind Bakelal Verma is hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 489-A of the Indian Penal Code and sentenced to suffer R.I. for Ten (10) years and to pay fine of Rs.20,000/- (Rupees Twenty Thousand only) and in default of payment of fine to suffer S.I. for three (...
Sara Harry D'Mello and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: May-10-2013
Cav Judgment: (Chief Justice) This group of writ petitions challenges the constitutional validity of sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slum Act, for brevity). 2. In Mumbai city, otherwise known as the commercial capital of India, more than half the population resides in slums. While ordinarily we look at proliferation of slums as merely in terms of encroachments and unauthorised constructions, the draft National Slum Policy formulated by the Government of India in the Department of Urban Development and Poverty Alleviation recognises that slums are an integral part of urban areas and contribute significantly to their economy both through their labour market contributions and informal production activities. The draft policy, therefore, endorses an upgrading and improvement approach in all slums. The policy further acknowledges that cities without slums should be the goal and objective of all urban planning for social a...
Dr. Jayashree Sanjay Swami Vs. District Collector, Kolhapur and Others
Court: Mumbai
Decided on: May-10-2013
Heard the learned counsel for the petitioner and the learned A.G.P for the first respondent. Considering the controversy involved, the petition is forthwith taken up for final disposal. Notice to other two respondents is dispensed with. 2. The challenge in this petition is to the Judgment and order dated 5th March 2013 passed by the District Collector, Kolhapur in an Appeal preferred by the petitioner under sub Rule 1 of Rule 19 of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereinafter refer to as "the said Rules"). The said rules have been framed under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the said Act"). 3. The appeal was preferred against the action of seizure of Sonography machine allegedly owned by the petitioner. By the impugned order, the District Collector came to the conclusion that the impugned order was passed by the...
Suresh Gulabrao Shambharkar Vs. Digambar Dasharath Khadse and Others
Court: Mumbai Nagpur
Decided on: May-10-2013
Oral Judgment: Rule. Rule made returnable forthwith. The petition is heard finally as a notice of final disposal was issued to the respondents and the respondents are duly served with the notice. 2. By this petition, the petitioner impugns the order passed by the trial Court on 11/02/2013 allowing an application filed by the respondent Nos.2 to 4 under Order I Rule 10 of the Code of Civil Procedure for joining them as party plaintiffs. 3. The respondent Nos.1 to 4 are the sons of Shantabai. Shantabai had executed an agreement to sell the suit property in favour of the petitioner on 10/04/1998. Shantabai expired on 10/06/1998 before the sale deed was executed in favour of the petitioner. After the death of Shantabai, the respondent Nos.2, 3 and 4 executed the sale deed in respect of 3/4th of the land, i.e. their share in the property in favour of the petitioner on 30/09/1998. The petitioner is the owner and possessor of the 3/4th of the property belonging to Shantabai, having purchased ...
Dnyandeo Mohan Salunke and Another Vs. the State of Maharashtra, Co-op ...
Court: Mumbai Aurangabad
Decided on: May-10-2013
PER COURT: 1 Petitioners, who are members of Respondent No.5 Mula-Pravara Electric Co-operative Society Ltd. Shrirampur, Tq. Shrirampur, District Ahmednagar, have approached this Court with a request to issue writ of mandamus or any other writ, order or direction in the nature of writ of mandamus, directing the Respondents to make appointment of Administrator of the rank of District Deputy Registrar/Collector or the Officer of equivalent rank to take over the functions of Management of Respondent No. 5-Society. 2 Respondent No.5-Society is a specified Co-operative Society within the meaning of Section 73G of the Maharashtra Co-operative Societies Act, 1960 (herein after referred to as the Act). The last elections to the Managing Committee of Respondent No.5-Society were held and elected Managing Committee assumed charge of the administration of the Society on 27.11.2006. The term of the elected Managing Committee is of five years which expired on 26.11.2011. According to petitioners, ...
Sunil S/O. Kisanrao Pachpute and Another Vs. the State of Maharashtra ...
Court: Mumbai Aurangabad
Decided on: May-10-2013
A.V. Nirgude, J. 1. Both these appeals arise from the judgment and order dated 23rd December, 1999, passed by learned Additional Sessions Judge, Nanded, in Sessions Case No. 159 of 1998. Parties to these appeals shall be referred to as the accused and the prosecution. 2. There is only one accused in this case, who was tried for offences punishable under sections 498-A, 302, 201 and 194 of the Indian Penal Code (for short I.P.C.) and in the alternative he was tried for the offence punishable under section 306 of the I.P.C. Learned Judge of the Trial Court acquitted the accused of the offences punishable under section 302, 201 and 194 of the I.P.C. but convicted him for the offences punishable under sections 498-A and 306 of the I.P.C. Learned Judge sentenced the accused to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with a default clause for the offence punishable under section 306 of the I.P.C. and for the offence punishable under section 498-A of the I....
Suryakant Alias Suresh Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: May-10-2013
A.V. Nirgude, J. These appeals challenge the judgment and order passed by the learned Sessions Judge, Parbhani, in Sessions Case No.13 of 2000, dated 20th May, 2000. 2. The appellant in Criminal Appeal No.275 of 2000 was accused No.1 and respondent Nos.1 to 3 in Criminal Appeal No.370 of 2000 were accused Nos.2 to 4 before the lower Court. The accused Nos.2 to 4 (respondent Nos.1 to 3 in Criminal Appeal No.370 of 2000) were acquitted by the learned judge of the lower Court. (For the sake of convenience, I would refer the appellant in Criminal Appeal No.275 of 2000 as accused, and if required other accused, who are respondents in Criminal Appeal No.370 of 2000, by their designation in the lower Court). 3. The accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay a fine of Rs.1,000/- with a default clause. He was also convicted for the offence punishable under Section 201 of the Indian Penal Co...
Yeshwantrao D. Chowgule (Since Deceased, Through L.R.S) and Others Vs. ...
Court: Mumbai Goa
Decided on: May-10-2013
1. Both the above appeals are being disposed of by this common judgment, since they are inter-connected and the suit property claimed by the Government is the same, in both the suits. 2. First Appeal No. 238/2003 has been preferred by the legal representatives of Yeshwantrao D. Chowgule against the judgment, order and decree dated 09/06/2003, passed by learned District Judge South Goa, in Civil Suit No. 100 of 1981(New) / Civil Suit No. 08 of 1974(Old), whereby the said suit filed by said Yeshwantrao Chowgule against the Government of India; Government of Goa; Forest Officers of Goa Government (defendants no. 1 to 5), Comunidade of Balli (defendant no. 6) and one Chandulal Chotai (defendant no. 7) was dismissed. 3. First Appeal No. 45 of 2006 has been filed against the judgment, order and decree dated 03/03/2004, passed by the Learned Additional District Judge, South Goa, in Civil Suit No. 158/1981(New) / 04/1980(Old), whereby the said suit filed by Union of India, through Development ...
Sau. Banotai Wife of Usman Garwe Vs. the Divisional Commissioner [Reve ...
Court: Mumbai Nagpur
Decided on: May-10-2013
A.B. Chaudhari, J. 01. Rule. Rule heard forthwith. 02. This Writ Petition under Article 226 of the Constitution of India at the instance of a woman Member of Zilla Parishad, Washim, depicts the blatant violation of the constitutional provisions despite insertion of Seventy-Third Amendment to the Constitution conferring necessary status, namely constitutional status, on the Panchayat Raj Institutions in the extant political system, though more than two decades have passed. Eventually, this Court and rather this Bench had an occasion to deal with a similar situation and a decision was rendered by both of us with concurring judgments written separately in the case of Charan Sovinda Waghmare Vs. State of Mah. and others [2012 (4) Bom. C.R. 40]. We find no material difference in the facts of the present case, so also the violations of constitutional provisions as to Panchayati Raj on the part of the respondents. 03. It is the case of the petitioner that for beautification and development of...
Guido Loyola Furtado Vs. M/S. National Insurance Co. Ltd.
Court: Mumbai Goa
Decided on: May-10-2013
U.V. Bakre, J. This is plaintiff's appeal from Judgment, Order and Decree dated 28/11/2006 passed by the learned Civil Judge, Senior Division, at Panaji Goa (trial Court, for short) in Special Civil Suit No. 46/96/B. 2. Parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the said suit. 3. The Plaintiff had filed the said suit for recovery of vacant possession of the suit premises and for mesne profits calculated at the rate of Rs. 41,610.24/- per month w.e.f. 1/11/1995 until the defendant hands over effective possession of the suit premises to the plaintiff and along with interest on the said amount calculated at the rate of 18% per annum. 4. Case of the plaintiff, in short, is as follows: The plaintiff is owner of part of the second floor of the premises at Diamond Chambers, 18th June Road, Panaji-Goa admeasuring about 2600 square feet (suit premises). The construction of the suit premises was completed in the first week of November...
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