Mumbai Court July 2013 Judgments
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State of Maharashtra, Through Deputy Commissioner of Police Vs. Shashi ...
Court: Mumbai Nagpur
Decided on: Jul-02-2013
Oral Judgment (Per B.R. Gavai, J.) The State of Maharashtra has approached this Court being aggrieved by the order passed by the learned Judicial Magistrate, First Class, Nagpur in Misc. Criminal Application No. 683 of 2013, dated 30th March, 2013, thereby directing investigation to be conducted as per the provisions of Section 156(3) of the Code of Criminal Procedure on a complaint filed by respondent herein. Since during the pendency of the present application, First Information Report came to be registered by Police Station, Dhantoli Nagpur, the application has been amended so as to raise the challenge to the registration of the said First Information Report. Consequently, the State has also prayed for quashing and setting aside the First Information Report. 2. The facts, in brief, giving rise to the present application arises as under. The respondent, who is an Officer belonging to I.P.S. Cadre, addressed communication to the Senior Police Inspector, Dhantoli Police Station, Nagpur...
Hari S/O Narayan Mudkhede Vs. the State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Jul-02-2013
PER COURT 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is being finally decided at the stage of admission. 2. Heard rival submissions on this writ petition challenging the order dated 28.8.2012 passed by Additional Sessions Judge, Biloli, District Nanded. 3. The facts of the present matter are rather peculiar in nature. Present petitioner original complainant had initially lodged the Police complaint against four accused persons present respondents for taking action against them under Section 324, 504, 506 read with sec.34 of Indian Penal Code. On the strength of the said complaint to the Police, case was registered against present respondents. Matter was finally heard and ended in acquittal vide order dated 10.7.2009. That order of acquittal was challenged by the present petitioner by filing Criminal Revision Application No.170 of 2011 before this Court along with the application for condonation of delay of eleven days. Said ...
M/S. Sunny Construction Company Through Its Partners and Another Vs. P ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jul-02-2013
Dhanraj Khamatkar, J. Presiding Member: [1] This appeal takes an exception to an order dated 21/12/2010 passed by the Central Mumbai District Consumer Disputes Redressal Forum (hereinafter referred to as the District Forum for the sake of brevity) in Consumer Complaint No.76 of 20007, Mr. Parasmal V. Jain and Another Vs. M/s. Sunny Construction Company. Facts leading to this appeal can be summarized as under:- [2] Respondents/original Complainants, namely Mr. Parasmal V. Jain and Smt. Rasila Parasmal Jain (hereinafter referred to as the Complainants for the sake of brevity) had filed consumer complaint before the State Commission. It was filed seeking possession of flat booked by the Complainants in the year 1992 for an consideration of Rs.7,42,600/-. As per the prayers of the Complainants were less than the pecuniary jurisdiction of this Commission, the complaint was returned to the Complainants for presenting it before an appropriate District Forum. Accordingly, the Complainants fil...
Sooraj Aditya Pancholi Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-01-2013
P.C. Heard the learned Senior Counsel for the applicant, the learned APP and also the learned Counsel for the original complainant. Perused the papers of investigation. 2. It is the case of prosecution that on 3rd June, 2013, Nafisa Jiah Khan had committed suicide in her house by hanging. She was a young and bright artist. A/D/Mp/61/2013 was registered. Investigation was set in motion. 3. On 10th June, 2013, the mother of Nafisa @ Jiah Khan lodged a report at the Juhu Police Station, alleging therein that on 8th June, 2013, a condolence meeting was to be held for offering condolence to Nafisa @ Jiah Khan. The mother of the victim was aware that her daughter used to write poems and, therefore, she wanted to read out poems to persons who had gathered at the condolence meeting. While searching for the poems, the daughter of the complainant came across the letters which were not addressed to anybody, in particular. Neither they were extracts of her daily diary. It is alleged that the compl...
Ramshetya Amrya Bhosale Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-01-2013
Oral Judgment: 1 The appellants were the accused nos.1 and 2 in Sessions Case No.167 of 2007. There were three more accused in the said case. The appellants and the other accused were prosecuted on the allegation of having committed offences punishable under section 395 IPC read with section 397 IPC, 342 IPC and section 25 of the Arms Act. The learned Addl. Sessions Judge, Palghar, after holding the trial, by a judgment and order dated 18 March 2009, convicted the appellants of offences punishable under section 395 IPC and 342 IPC, and sentenced them to suffer RI for 5(five) years each, and to pay a fine of Rs.2,000/- with respect to the first mentioned offence, and to suffer RI for 1(one) year and to pay a fine of Rs.1,000/- with respect to the other offence. 2 The learned Judge, however, held that the provisions of section 397 of the IPC were not attracted to the facts of the case, and that the offence punishable under the Arms Act was also not proved to have been committed. He there...
Wilma Levert Canuao and Others Vs. Allan Sebastian D'Souza and Another
Court: Mumbai
Decided on: Jul-01-2013
Dr. D.Y. Chandrachud, J. 1. Admit. Learned counsel for the Respondents waives service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel. 2. This appeal arises from a judgment of a learned Single Judge holding that the last will and testament of Sebastian John D'Souza, the testator, dated 20 March 1989 is proved and be probated. 3. The testator died on 5 September 1999. The two Respondents who are the original Plaintiffs are his sons. The testator was survived besides his two sons, by six daughters, three of whom, the Appellants, had lodged caveats in response to the Testamentary Petition seeking probate of the will alleged to have been executed by the testator on 20 March 1989. Under his will, the testator directed his executors and trustees to pay a sum of Rs.30,000/- to each of his daughters and an amount of Rs.1.00 lakh to his wife. The residue was bequeathed to his two sons who are appointed as executors. Pauline, the wife ...
Ritesh S/O Vilasrao Gotmare Vs. the State of Maharashtra, Through Its ...
Court: Mumbai Nagpur
Decided on: Jul-01-2013
Oral Judgment: (Anoop V. Mohta, J.) 1. Rule, returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2. The petitioner is the son of Vilasrao Sheshrao Gotmare, a Police Constable in Sakkardara Police Station, Nagpur, who died in the road accident along with his wife, on 11.02.1996. At the time of death of the parents, the petitioner was four years old. On 31.12.2011, after becoming major, he made a representation to the Commissioner of Police, Nagpur, for grant of an appointment on compassionate ground and the reference was also made of earlier representation dated 15.12.1999 that his application was not considered on that occasion. 3. By the impugned order dated 13.04.2012, respondent No.2 rejected the application on the ground that the Government Resolution dated 11.09.1996 to grant employment on compassionate ground is applicable only if the application is made by the concerned person within a period of one year from the date on which he becomes major....
Mahanand Naik, S/O. Ramnath Naik Vs. State Through P.P. High Court
Court: Mumbai Goa
Decided on: Jul-01-2013
U.V. Bakre, J. Heard Mr. Naik, learned Counsel appearing on behalf of the appellant and Ms. Pinto, the learned Additional Public Prosecutor (APP), on behalf of the State. 2. This appeal arises out of the judgment and order dated 30th May, 2011/10th June, 2011 passed by learned Sessions Judge, North Goa, Panaji in Sessions Case No. 44/2009. 3. The said Sessions Case No. 44/2009 was a culmination of charge-sheet filed by Agacaim Police against the appellant (hereinafter referred to as the accused) for offences punishable under Sections 364, 302, 392 and 201 of the Indian Penal Code( I.P.C.) 4. The case of the prosecution, in short, is that the accused had befriended the victim and on 24th October, 2007 at about 08.30 hours had abducted her on the false pretext of getting married to her and had taken her behind the Goa University Library in an isolated place and killed her by strangulating her with the dupatta worn by her and had robbed her gold ornaments namely two gold bangles, one smal...
Sharadchandra Vs. Latifabee Shaikh Rashid Pinjari and Others
Court: Mumbai Aurangabad
Decided on: Jul-01-2013
Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 2. This writ petition takes exception to the order dated 27th August, 2010 below Exhibit-5 in W.C.A. No.4 of 2009 passed by the Civil Judge, Senior Division, Nandurbar. 3. The respondents herein, filed Workmen's Compensation Application No.04 of 2009 before the Court of the Civil Judge, Senior Division, Nandurbar alleging that, they are legal heirs of deceased who was working on the Tata Safar Car owned by the petitioner. The deceased was driving the vehicle when the accident took place as the steering rod was broken. The deceased sustained injuries and succumbed to the injuries. The total claim was of Rs. 3,68,340/-. The respondents also filed application below Exhibit-5 under Section 143 of the Motor Vehicles Act claiming Rs.50,000/- under No Fault Liability. 4. The petitioner herein, filed written statement as well as say to Exhibit-5. The petitioner denied the case of the respondents. The relation ...
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