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Mumbai Court July 2013 Judgments

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Jul 23 2013

Nilesh Baburao Gitte and Another Vs. the State of Maharashtra

Court: Mumbai Aurangabad

Decided on: Jul-23-2013

NareshH Patil, J. 1) The appellants have challenged the judgment and order of conviction for an offence punishable under section 302 of Indian Penal Code dated 22nd June 2012 passed by learned Additional Sessions Judge-2, Ambajogai, in Sessions Case No.42 of 2011. The appellants were sentenced to suffer imprisonment for life and to pay a fine of Rs.2000/-each, in default, to suffer simple imprisonment for three months. 2) The prosecution case, in brief, is as under:-- On 22-7-2010 at 11.00 a.m. the Deputy Superintendent of Police Smt. Swati Bhore received an anonymous phone call informing that funeral of deceased Sunanda Baburao Gitte was to be carried out. The officer intimated Police Inspector Shri. Kale of Parali Rural Police Station to visit the spot at Talani village. The police rushed to the spot. They found that preparations for cremation of deceased Sunanda had begun. They enquired and saw the dead body. After inspection they found ligature marks and injury on back side of skul...


Jul 23 2013

Machindra and Others Vs. the State of Maharashtra

Court: Mumbai Aurangabad

Decided on: Jul-23-2013

A.I.S. Cheema, J. 1. Criminal Appeal No.03/2000 has been filed by original accused No.1 Machindra Dashrath Jadhav and original accused No.6 Ayub Umar Pathan. Criminal Appeal No.05/2000 has been filed by original accused No.5 Umar Daulu Pathan, original accused No.8 Nasibabee Shaikh Umar and original accused No.19 Yasin Biban Pathan. These five are out of 19 accused against whom charge sheet was filed by Police Station, Waluj on the complaint of one Ahmedkhan Lalkhan Pathan in Crime No. 111/1994 under Sections 302, 147, 148, 149 and 324 of the Indian Penal Code, 1860 (IPC in brief). Judicial Magistrate, First Class, Gangapur, Dist. Aurangabad committed the case to Court of Sessions and the 19 accused were tried before 2nd Additional Sessions Judge, Aurangabad for the charge under Sections 147, 148, 302 r/w 149, 324 r/w 149 of IPC. By judgment dated 23.12.1999, the above five accused came to be convicted and were sentenced to imprisonment for life under Section 302 r/w 149; rigorous imp...


Jul 23 2013

Masiullha Abdul Mohid Idrisi Vs. Assistant Commissioner of Police and ...

Court: Mumbai

Decided on: Jul-23-2013

P.C. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner is challenging the order of externment which has been passed by the Externing Authority and confirmed by the Appellate Authority. 2. The order of externment is based on the show cause notice dated 14.04.2012. In that show cause notice, there are 09 cases which are registered against the Petitioner and all of which are stated to be at Wadala Police Station. 3. The Petitioner has been externed in pursuance of this show cause notice on 30.08.2012 and the order of externment directs him to remove himself from the limits of Commissionerate of Police, Mumbai and equally entire Thane district for two years. The order passed on 30.08.2012 in addition to 09 cases, also relies upon the criminal cases bearing CR No.105/2012 alleging offences punishable under Sections 385, 435, 504, 506(2), 34 of the Indian Penal Code and CR No.108/2012 alleging offences punishable under Sections 504, 506(2), 34 of the Indian...


Jul 23 2013

Smt. Suman S/O. Ganpati Chothale Vs. PravIn Mahadeo Matte

Court: Mumbai Nagpur

Decided on: Jul-23-2013

1. Rule returnable forthwith. By consent, heard finally at the stage of admission. 2. The petitioner has questioned the order dt.8.2.2012 passed by the Civil Judge (Jr.Dn.), Gondpipri below Exhs. 43 and 44 in pending Regular Civil Suit No.65 of 2009 (old Civil Suit No.223 of 2008). It appears that, in a pending suit, applications were made for condonation of delay on the ground that deceased Jagannath Mate, who died on 19.12.2010, was taken care of by the applicant who preferred applications Exhs. 43 and 44 in pending Regular Civil Suit No.65 of 2009 in the Court of Civil Judge (Jr.Dn.), Chandrapur. The applicant contended that, on 9.7.2011, he came across a document of Will executed by Jagannath Mate in relation to the suit property. Therefore, the application was for condonation of delay on the ground that right to sue survive and hence, prayer to set aside abatement of the suit as against the applicant and for substitution of his name in place of deceased Jagannath Mate as plaintiff...


Jul 23 2013

Kakaji S/O Appa Bagal (Died Lr’s) Kaduba S/O Kakaji Bagal and Oth ...

Court: Mumbai Aurangabad

Decided on: Jul-23-2013

Rule. Rule made returnable forthwith. By consent of the parties, heard finally. 2. This Civil Revision Application takes exception to the judgment and order 09-09-2011 passed by the Land Acquisition Officer, Aurangabad, by which the Land Reference No. 2011/Land/Claim/WS for enhancement of compensation filed by the petitioners is refused to be referred to the competent Court. 3. The back grounds facts leading to file the present Civil Revision Application as disclosed in the Civil Revision Application are as under: It is the case of the applicants that, they are owners of the land Gut No. 26 admeasuring 2H., 10 R situated at Village Ladgaon, Taluka and Dist. Aurangabad. The respondent No. 1 has acquired above mentioned land for the benefit of respondent No. 2, for the Shendra 5 Star Industrial area at Ladgaon, Dist. Aurangabad. For said purpose, the notification u/Sec. 32(2) of the Maharashtra Industrial Development Act, 1961 [in short M.I.D. Act, 1961] has been issued on 22-10-2010 in ...


Jul 23 2013

Bhagwanbaba Sevabhavi Sanstha and Others Vs. the State of Maharashtra, ...

Court: Mumbai Aurangabad

Decided on: Jul-23-2013

R.M. Borde, J. 1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 Petitioners are Educational Institutions registered under the Bombay Public Trusts Act and/or Societies Registration Act. Petitioner-Education Societies, in this group of petitions, are challenging the provisions contained in Clauses 1 and 3 of Schedule D appended to Government Resolution dated 05.12.2012 prescribing specified marks on evaluation of different criterion laid down under the relevant clauses. The challenge is raised on the ground of unreasonableness and arbitrariness in prescription of marks. 3 The State of Maharashtra has issued a Resolution on 05.12.2012 prescribing procedure for according permission to operate Secondary Schools on No Grant basis. It is recorded in the introductory part of the Government Resolution, that the State has finalised perspective plan for according approval to primary and secondary schools in Marathi medium in ...


Jul 23 2013

Dr. Balaji Gyanoba Phalke and Others Vs. Union of India and Others

Court: Mumbai

Decided on: Jul-23-2013

Dr. D.Y. Chandrachud, J. 1. Rule. Learned counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel. 2. The Petitioners before the Court are medical officers employed by the Government of Maharashtra. All of them, as in-service candidates, have applied for admission for postgraduate medical courses in the ensuing academic year. The Petitioners appeared for the National Eligibility-cum-Entrance Test (`NEET') conducted by the National Board of Examinations, the Second Respondent to these proceedings. 3. In a recent judgment in Christian Medical College Vellore and others Vs. Union of India delivered on 18 July 2013 (Transfer Case (Civil) No.98 of 2012 and connected batch of matters), the Supreme Court held that the regulations under which the Medical Council of India (`MCI') and Dental Council of India (`DCI') introduced a single National Elig...


Jul 23 2013

The Union of India Through General Manager, Central Railway Chhatrapat ...

Court: Mumbai Nagpur

Decided on: Jul-23-2013

Oral Judgment: 1. Heard learned counsel for the parties. This is an appeal against judgment and order dated 18th August 2009 delivered by the Railway Claims Tribunal, Nagpur Bench in Claim application no. 123/OA-II/RCT/NGP/2006 directing appellant Railway to pay to the respondent a sum of Rs. 4,00,000/-. 2. Facts, briefly stated, are thus On 29.5.2006, Shri Upendrasingh, son of respondents no 1 and 2 was traveling as bonafide passenger from Gorakhpur to Kurla, by GorakhpurL. T. Nagar express train no.1016. He had purchased railway ticket no. 4657437 for general compartment of said Express train. While traveling due to heavy jerks and heavy rush he felled down from running train near Hirapur Railway Station. As a result he received severe injuries and died .Railway Police , Chalisgaon had investigated the untoward incident vide A.D. case no 23/2006 and handed over the dead body of the deceased to the respondents after the post mortem was held over the dead body. 3. Railways administrati...


Jul 23 2013

The Oriental Insurance Company Ltd. Vs. Mohammad Sabir S/O. Abdul Jabb ...

Court: Mumbai Nagpur

Decided on: Jul-23-2013

1. The appeal is directed against the judgment and order, dated 30-03-2009 passed by the Commissioner under Workmens Compensation Act, Amravati in Application (WCA) No.20 of 2005 whereby the compensation in the sum of Rs.3,73,915/- was awarded with interest @ 12% p.a. after one month from the date of incident holding the respondents jointly and severally liable to deposit the amount within one month from the date of the order. On failure to make payment within time, the respondents were directed to deposit 20% penalty on the principal amount of the compensation. 2. The facts, briefly stated, are as under:- The victim namely Mohammad Nisar Mohammad Sabir, aged about 23 years, was in the employment of respondent no. 1 on the vehicle Metador bearing registration no.MH02-T 3035-407 owned by respondent no. 1 at the time of incident. On the fateful day, the deceased was driving the said vehicle from Anjangaon Surji to Daryapur. When the Metador reached near the Darshan Dhaba, it suddenly tur...


Jul 23 2013

Maharashtra State Road Transport Corporation Through the Divisional Co ...

Court: Mumbai Nagpur

Decided on: Jul-23-2013

Oral Judgment: 1] This appeal is against the impugned Judgment and Award dated 17/8/2004 passed in Claim Petition No. 34/2001 by the learned Member, Motor Accident Claims Tribunal, Nagpur. 2] The facts in brief are stated as under: Deceased Ashok Bhagwanji Nagpure, aged about 24 Years, who was employee in a Flower Shop of one Ramchandra Pillare in Nagpur City and artist in making Garlands and Bookey, was proceeding by Motor Cycle (Yamaha) bearing No. RX-100-MP-22-2259 on 29/10/2000 at about 3.30 p.m. When said Ashok Bhagwan Nagpure had reached near village Jam, ST Bus Bearing registration No. MH-12-UA-9728 came in high speed from opposite direction, gave dash to motor cycle, in the result, pillion rider had died on the spot, who was friend of deceased Ashok. Ashok was injured and shifted to Government Hospital, Sewagram, District Wardha and then to Government Medical College and Hospital at Nagpur for medical treatment. While taking medical treatment, Ashok had died on 1/11/2000. 3] Th...


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