Mumbai Court August 2013 Judgments
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Vithal Tulshidas Zalmi Vs. Baswaraj Kedarji and Another
Court: Mumbai Goa
Decided on: Aug-07-2013
Oral Judgment This appeal is directed against the judgment of the learned JMFC, Panaji acquitting the respondent no.1 for offence punishable under Section 138 of the Negotiable Instruments Act. 2. The appellant filed a complaint in respect of dishonour of cheque of Rs.50,000/-, admittedly issued by the respondent no.1-accused on 5/10/2010. The learned trial Magistrate accepted the defence that the cheque was issued towards purchase of sand and not for purchase of scrap of a vehicle as alleged by the complainant. The learned Magistrate, therefore, proceeded to acquit the accused. 3. After the appeal was admitted notice had been sent to the accused and also action under Section 390 Cr.P.C. was ordered. Since none appeared for respondent no.1-accused, advocate Ms. Ketki Pednekar was appointed as Amicus Curiae to help the Court. 4. I have heard the learned Counsel for the appellant and also the learned Amicus Curiae. The learned Counsel for the appellant submitted that even if the learned ...
Amts Karmachari Sangh Vs. Deputy Labour Commissioner and Another
Court: Mumbai
Decided on: Aug-07-2013
1. Since in all these petitions, identical question of law arises, the material facts are also identical and the respondents are also the same, these petitions are heard, considered and decided together. 2. Heard Mr.Yogen Pandya, learned Advocate for the petitioners, Mr.Rahul Dave, learned Assistant Government Pleader for the contesting respondent State Authorities and Mr.H.S.Munshaw, learned Advocate for the respondent No.2-Employer. 3. Challenge in each petition is made to the order passed by the Deputy Commissioner of Labour, Ahmedabad as the Appropriate Government under the Industrial Disputes Act, 1947, holding that Reference need not be made to the Labour Court, for the demand raised before it. The question which falls for consideration before this Court is, as to whether the Appropriate Government, in exercise of its power under Section 10(1) of the Act, could have refused to refer the dispute to the Labour Court, since according to that Authority, the workman was not entitled t...
Namdeo Vithoba Jadhav Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-06-2013
Oral Judgment: (Smt. V.K. Tahilramani, J.) The appellant-original accused has preferred this appeal against the judgment and order dated 07.08.2008 passed by the Additional Sessions Judge, Pandharpur in Sessions Case No.1 of 2008. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence punishable under Sections 302 of IPC and sentenced him to suffer rigorous imprisonment for life and fine of Rs.100/- in default RI for 15 days. The appellant was also convicted for the offence under Section 323 of the IPC and sentenced to rigorous imprisonment for three months and fine of Rs.50/- in default, RI for seven days. The learned Sessions Judge directed that both the substantive sentences of imprisonment shall run concurrently. 2. The prosecution case briefly stated, is as under: (a) The appellant was married to Mangal. They had three children i.e daughter PW 1 Laxmi and sons PW 3 Akash and Prakash. At the time of the incident, PW 1 Laxmi was married an...
Dr. Vijay Chandraprakash Sharma Vs. Joint Commissioner (Crime) and Oth ...
Court: Mumbai
Decided on: Aug-06-2013
Oral Order: Dharmadhikari, J. 1] Rule. Respondent Nos.1 to 4 waive service. Respondent Nos.5 to 8 are duly served. None appears on their behalf. By consent Rule made returnable forthwith. 2] By this petition under Article 226 of the Constitution of India, the petitioner seeks following reliefs:- (a) the Hon'ble Court be pleased to issue writ, order, direction in the nature of mandamus or similar writ be issued against the respondents directing them to take action against (1) Police Inspector Nishikant V. Tungare, (2) Police Sub- Inspector Bhat (3) Police Sub-Inspector Sashikant Sawant and (4) Police Inspector Mahadeo Koli and/or (b) the Hon'ble Court be pleased to issue writ, order, direction in the nature of mandamus or similar writ be issued against the respondents directing them to submit the report to this Court as to what action they have taken against (1) Police Inspector Nishikant V. Tungare, (2) Police Sub-Inspector Bhat (3) Police Sub-Inspector Sashikant Sawant and (4) Police ...
Dattaram @ Premanand Gawas Vs. the State of Goa
Court: Mumbai Goa
Decided on: Aug-06-2013
Smt. R.P. SondurBaldota, J. 1. This appeal is directed against the judgment and order dated 29th March, 2010 read with order dated 19th April, 2010 passed by the Sessions Court, North Goa, convicting the appellant for the offences punishable under Sections 302 and 392 Indian Penal Code. For the offence under Section 302, the appellant has been sentenced to undergo life imprisonment and to pay fine of Rs.10,000/. For the offence punishable under Section 392, he has been sentenced to undergo the imprisonment for a term of five years and pay fine of Rs.5,000/. In default of payment of fines, he is ordered to undergo simple imprisonment for a period of six months and two months respectively. 2. On 18th November, 2007 at about 5.10 pm., Santosh s/o deceased Darshana complained to Pernem Police Station that on that day in the morning at about 9.30 hours, Darshana left the house for washing clothes at river/stream located at a distance of about half km. behind her house. At that time, the com...
Manoj Oswal Vs. the State of Maharashtra, Through Sr.P.i and Another
Court: Mumbai
Decided on: Aug-06-2013
Dharmadhikari, J. 1 RULE. 2 The Respondents waive service. By consent of parties, heard forthwith. 3 By this Writ Petition under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, 1973, the Petitioner is seeking quashing of CR No.3212/2011 registered with the Cyber Crime Cell, Crime Branch, Pune alleging offences punishable under Section 500 of the Indian Penal Code and Section 66A of the Information Technology Act, 2000. 4 The complaint alleges that one Prataprao Govindrao Pawar is Chairman of M/s Sakal Papers Private Limited. This Company is incorporated and registered under the Indian Companies Act, 1956. It is engaged in the business of printing and publishing news papers in the States of Maharashtra and Goa. The Company has also Website, therefore, publications have wide circulation throughout India and abroad. One Abhijeet Prataprao Pawar is Director on the Board of Directors of the said Company. One Leelatai Parulekar is also a Director a...
Sakuma Exports Limited. Vs. Louis Dreyfus Commodities and Uisse S.A.
Court: Mumbai
Decided on: Aug-06-2013
Oral Judgment: Dr.D.Y.Chandrachud, J. 1. Admit. By consent of the learned counsel and at their request theAppeal is taken up for hearing and final disposal. 2. The appeal arises from a judgment of a Learned Single Judgedated 15 November 2011, holding that this Court had no jurisdiction toentertain a challenge to the award of an arbitral tribunal constituted by theRefined Sugar Association, London. The appeal relates to the period prior tothe applicability of the judgment of the Supreme Court in Bharat AlluminiumCompany Vs. Kaiser Alluminium Technical Services Inc. (BALCO).(2012) 9 SCC 552Inthe decision in BALCO, the Supreme Court held that Part-I of the Arbitrationand Conciliation Act, 1996, would have no application to internationalcommercial arbitration held outside India. In holding this, the Supreme Courtoverruled the earlier judgment in Bhatia International vs. Bulk Trading S.A.(2002) 4 SCC 105However, the Constitution Bench of the Supreme Court has held and directedthat the law n...
Bhupendra S/O Govardhanlal Sachdeva and Another Vs. the State of Mahar ...
Court: Mumbai Aurangabad
Decided on: Aug-06-2013
A.I.S. Cheema, J. 1. These appeals have been filed by original accused Nos. 1 and 3 respectively. Both of them were charged along with accused no.2 Govardhanlal Shriramdas Sachdeva, the father of original accused no.1 Bhupendra. Accused no.2 Govardhanlal came to be acquitted by 2nd Additional Sessions Judge, Aurangabad of offence punishable under Sections 498A, 304-B of the Indian Penal Code, 1860 (IPC in brief). Accused No.1 Bhupendra and accused No. 3 Rupindar were convicted of offence punishable under Section 302 of IPC and sentenced to suffer imprisonment for life. Accused No.1 Bhupendra was convicted under Section 498A of IPC and sentenced to suffer rigorous imprisonment for one year. Accused No.3 Rupindar came to be convicted under Section 114 of IPC and sentenced to suffer rigorous imprisonment for one year. Sentences of fine of Rs. 1,000/- and in default, to suffer rigorous imprisonment for six months were also passed under Sections 302, 498A and 114 of IPC. Accused No.1 Bhupen...
Snehalayaâs Snehankur Adoption Centre, Through Its Authorized Sig ...
Court: Mumbai Aurangabad
Decided on: Aug-06-2013
Oral Judgment: R.M. Borde, J. And whereas we believe that by respecting the child, society is respecting itself. Now, therefore, in accordance with our pledge in the National Agenda of Governance, the following National Charter for Children, 2003 is announced. 1 The Government of India, while adopting National Charter for Children, reiterated its commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick. 2 Clause (c) of Section 17 of the National Charter for Children, 2003, provides that the State shall undertake measures to ensure that children without families are either placed for adoption, preferably intracountry adoption, or foster care or any other family substitute services. Clause (d) of Section 17 reads thus: The State shall ensure that appropriate rules with respect to the implementation of such services are drafted in a manner that are in the best interest of the child and that regulatory bodies are set up to ensure the strict e...
Vilas Tukaram Bhosale Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-06-2013
Oral Order: 1 Rule. By consent, Rule made returnable forthwith. 2 Mrs.S.V. Sonawane, learned APP waives service on behalf of the respondents. By consent, heard finally forthwith. 3 The petitioner is one of the five accused in Regular Criminal Case (RCC) No.311 of 2005 pending before the Chief Judicial Magistrate, Pune. The case arose out of C.R.No.101 of 2004 registered with Nigdi Police Station, Pune, and after investigation, the Investigating Agency concluded that the petitioner and two other accused in the said case had committed an offence punishable under section 409 of the IPC read with section 109 of the IPC, while the remaining two had committed offences punishable under sections 409, 411 and 414 of the IPC. 4 The petitioner made an application to the learned Magistrate praying for discharge as contemplated under section 239 of the Code of Criminal Procedure. The learned Magistrate, by an order dated 31 December 2007, rejected the said discharge application. The order of the Ma...
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