Mumbai Court September 2013 Judgments
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Thakor Narsangji Ablaji Vs. State of Gujarat
Court: Mumbai
Decided on: Sep-03-2013
K.J. Thaker, J. 1. Challenge in this appeal is to the judgment and order passed by the learned 2nd Joint Assistant Sessions Judge, Mehsana in Sessions Case No.34 of 1990 dated 19.04.1990 whereby, the appellant, original accused, has been convicted for the offences punishable u/s.363, 366 and 376 of Indian Penal Code (for short, œthe IPC?). For conviction u/s.363 and 366 IPC, the appellant was sentenced to undergo rigorous imprisonment for two years in each case whereas, for conviction u/s.376 IPC, the appellant has been sentenced to undergo rigorous imprisonment for four years. All the three sentences were ordered to run concurrently. The sentence already undergone by the appellant was given as setoff. 2. Antecedent facts of this case, which require brief mention, are these; The appellant, original accused, was working as a driver of a Tractor belonging to one Dahyabhai Chaudhary, in which the prosecutrix was serving as a labourer. On 08.10.1989 the appellant met the prosecutrix ...
Laxman and Others Vs. Jafar S/O. Supadu Pathan. Deceased Through L.Rs. ...
Court: Mumbai Aurangabad
Decided on: Sep-02-2013
Oral Judgment: (Ravindra V. Ghuge, J.) 1. Heard Adv. Mr. V.T. Chaudhary for the petitioners; Adv. Mr. S.P. Brahme for respondent nos.1-a to 1-e and 3; Spl. Counsel Mr. P.S. Patil for respondent no.4; and learned AGP Mr. P.P. More for respondent nos.5 and 6. 2. The father of the petitioners, late Shivram Mahajan, had purchased land bearing Survey No. 54/1, at the rate of Rs. 6,000/- on 29th February 1968. The remaining part of Survey No. 54/2-B was purchased by late Shivram Mahajan at the rate of Rs. 4,000/- on 20th March 1969. 3. Respondent nos.1 to 3 had filed an application under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The said case came up to the High Court vide Writ Petition Nos. 666/1992 and 667/1992. The controversy set out therein was remanded to the Tahsildar for determination of caste of respondent nos.1 and 3. 4. This Court had directed respondent nos.1 to 3 to produce the caste certificates for verification. Since the said respondents...
The Municipal Corporation of Gr. Bombay and Others Vs. Laxman Mahadeo ...
Court: Mumbai
Decided on: Sep-02-2013
Oral Judgment: None for the Respondent. The Appeal is against Order dated 5 February 2005 whereby the Judge of the City Civil Court, held three officers of the Appellant/Corporation, guilty for breach of injunction order and thereby punished for one month civil imprisonment and also imposed fine of Rs.2500/- each. By the same order, permission was granted to the Plaintiff/Respondent to re-erect the structure if already demolished, though there is a statement made that the suit structure is re-erected and reconstructed and the structure is in existence today. The same position stands today. It is relevant to note that the basic Suit was filed in view of the issuance of notice under Section 351 of Mumbai Municipal Corporation Act, 1888. However, liberty was granted and after following the due procedure on 22 April 1998, the structure was demolished. The injunction was obtained by the Plaintiff on 5 January 1999 by suppressing the fact of demolition. The Plaintiff unable to produce the co...
Satish Talakchand Shah Vs. Hirji Bhojraj and Sons Kutchi Oswal JaIn Ch ...
Court: Mumbai
Decided on: Sep-02-2013
Oral Judgment: The appeal is directed against the order dated 22-10-2011 passed in Civil suit No. 1708 of 2010 below Ex. 6 passed by the Learned City Civil judge, City Civil Court Mumbai, rejecting the plaint under Order VII Rule 11 (d) of the Code of Civil Procedure. 2 The plaintiff claimed as transferee, occupant and also ownership of the premises Room no. 18, Mahavir Building from the original allottee Dr. Champaklal Shah. The plaintiff claimed right as Transferee from one Dr. Champaklal Shah under an agreement of transfer dated 16-10-1981. According to the Plaintiff there was an clause 10 of re-conveyance in earlier written agreement for Sale dated 31-03-1957 between Occupant Dr. Champaklal Shah and charitable Trust (Defendant no. 1). The Trust issued notice to the Plaintiff on 04-07-1988 to enforce clause 10 of the agreement offering sum of Rs 1575/- by Cheque and sought re-acquisition of the suit premises on the basis of clause 10 and offered monthly tenancy of the suit premises ...
Sunita Barua of Mumbai Hindu Vs. Miss Mihika Barua and Another
Court: Mumbai
Decided on: Sep-02-2013
Oral Judgment: By this Chamber Summons caveators seeks condonation of delay, if any, in lodging of the applicants' caveat dated 9th March, 2012 and affidavit in support of caveat dated 16th March, 2012 and seek directions to the Prothonotary and Senior Master to accept caveat and affidavit in support. 2. Applicants are the legal heirs of Mr.Adhip Lal Barua, who was son of the deceased late Captain Makhanlal Barua. On demise of the said late Captain Makhanlal Barua, the petitioner who claims to be executor under an alleged Will, the petitioner filed Letters of Administration for the property and credit of late Captain Makhanlal Barua in this court. Prior to the date of filing of the said petition for Letters of Administration, on 10th June, 2010 Mr.Adhip Lal Barua expired. In the petition for Letters of Administration filed by the petitioner, name of the legal heirs and next of kin at the time of death of the said deceased are disclosed in paragraph (4). In so far as name of Mr.Adhip La...
Salim Khan and Another Vs. Sumeet Prakash Mehra and Others
Court: Mumbai
Decided on: Sep-02-2013
1. The above Suit is filed by the Plaintiffs, inter alia for restraining the Defendants by a permanent order and injunction from infringing the copyright of the story, dialogues and screen play of the Hindi Feature Film Zanjeer produced in the year 1973 and for a permanent mandatory order of injunction restraining the Defendants from in any manner exhibiting, releasing, displaying, communicating to the public anywhere in the world the remake film Zanjeer in Hindi and Telugu languages or any other language. The Plaintiffs have also taken out the above Notice of Motion seeking an order and injunction restraining the Defendants from in any manner exhibiting, releasing, displaying, communicating to the public anywhere in the world the said remake film Zanjeer and its trailers in Hindi and Telugu languages or any other language and also from proceeding with filming or carrying out any pre-production or postproduction or other work in respect of the said remake film Zanjeer in Hindi and Telu...
Maroti S/O Gangaram Kamble Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-02-2013
Oral Judgment: (B.R. Gavai J.) 1. The appeal takes an exception to the judgment and order passed by the learned Sessions Judge, Wardha in Sessions Trial No.157/2008 thereby convicting the appellant/accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo further simple imprisonment for six months. 2. The prosecution case, in brief, is as under: The accused along with his father, mother, wife and daughter used to reside at village Chandewani. On the date of incident, father and mother of the accused had gone for labour work. The accused had also gone for the labour work but returned in the afternoon. In the evening hours, it was found that the wife and daughter of the accused were lying dead in a pool of blood in the house of accused, while accused was present there. On the basis of confession given to some villagers, an F.I.R. came to be registered. The police ...
The Deputy Collector and S.D.O., and L.A.O., Sub-division and Another ...
Court: Mumbai Goa
Decided on: Sep-02-2013
Oral Judgment: The above Appeal challenges the Judgment and Award passed by the learned District Judge, North Goa, at Panaji in Land Acquisition Case no. 34 of 2006 dated 29.11.2007, whereby a reference under Section 18 of the Land Acquisition Act, 1894, (herein after referred to as the 'said Act'), came to be partly allowed and compensation for the land which was subject matter of the property surveyed under no. 22/2 and 18/0 admeasuring a total area of 6550 square metres was enhanced to Rs.150/- per square metres. After being served with the summons in the above Appeal preferred by the Appellants, the Respondents filed the above Cross Objections and, inter alia, claimed compensation to be enhanced to Rs.400/- per square metre. 2. Briefly, the facts of the case are that pursuant to a Notification dated 19.02.2003 published in the Official Gazetted dated 21.02.2003, land was notified for acquisition under Section 4 of the said Act at Corjuem Village for the construction of the approach...
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