Mumbai Court February 2014 Judgments
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Abdul Shahid Patel Vs. Rameshwari Devi Gyarsilal Sharma
Court: Mumbai Nagpur
Decided on: Feb-03-2014
Oral Judgment: Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. In Regular Civil Suit No. 386/2007, the Additional Judge, Small Causes Court, Nagpur, has passed a decree for eviction and possession against the respondent-tenant. This was the subject matter of challenge in Regular Civil Appeal No. 345/2009 filed by the respondent-tenant, which has been allowed by the learned District Judge-16, Nagpur, by its judgment and order dated 21st October, 2011. The decree passed by the Small Cause Court has been set aside with a direction to the trial Court to return the plaint to the plaintiff for presentation to the proper Court. It is this judgment and order of the appellate Court which is the subject matter of challenge in this writ petition by the landlord. 3. In Regular Civil Appeal No. 345/2009, the appellate Court has recorded the findings on all points on merit in favour of the petitioner landlord, however, the app...
Apparao Rajaram Pund and Others Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-03-2014
V.M. Deshpande, J. 1. These two appeals are directed against the judgment and order of conviction, dated 11.4.2011, passed by the learned Sessions Judge, Parbhani, in Sessions Trial No. 80 of 2008, by which learned Sessions Judge convicted the appellants in both the appeals, principally for the offence punishable under Section 302 r/w Section 149 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Rs. 10,000/-. The learned Judge of the Court below has also convicted the appellants in both the appeals for the offences punishable under Sections 147 and 148 and directed that the appellants shall serve the jail sentence for one year in respect of each of the offence and each shall pay a fine amount of Rs.5,000/- in respect of Sections 147 and 148 of the Indian Penal Code. The learned Judge also convicted all the appellants for the offence punishable under Section 324 r/w Section 149 of the Indian Penal Code and sentenced each of them to un...
Antonio Tiago D'Costa, (Deceased) and Others Vs. the Union of India, T ...
Court: Mumbai Goa
Decided on: Feb-03-2014
The appeal is filed against the Judgment and decree of Special Civil Suit No.167/00/I which was pending in the Court of Civil Judge, Senior Division, Margao. The suit was filed for making correction in the Revenue record of some suit lands and for compensation in respect of damage caused to those lands. The suit is dismissed in respect of these lands by the trial court and that part of the decision is challenged in the appeal. 2. In the appeal learned counsel for the appellant and respondent Telephone department is heard. The other respondents did not turn up. 3. In short, the facts leading to the institution of the appeal, can be stated as under: It is the case of the appellants/plaintiffs that they and defendant no.9 are the owners of land bearing survey nos. 149/13, 154/1, 154/2, 155/2, and 156/1,156/2,156/3,156/4,156/5, situated at village Guirdolim Salcete. It is the case of the plaintiffs that all the survey numbers are together known as œMolla?. The boundaries of the prope...
Kasturabai and Others Vs. Pandit Sonusingh Patil and Others
Court: Mumbai Aurangabad
Decided on: Feb-03-2014
Oral Judgment: 1. Heard applicants and respondent No. 2 finally on admission stage. The present Civil Revision Application arises out of order passed by the learned Civil Judge, Junior Division, Chalisgaon, District Jalgaon in Regular Darkhast No. 59/1986. 2. The judgment debtors filed an application under Order XXII, Rule 2 r/w. 151 of Civil Procedure Code, raising objection that on death of decree holder No. 2 Bhimkuvarbai w/o. Sonusing Patil, her legal heirs were not brought on record and thus, the execution deserves to be dismissed. Another ground was raised that the decree holder in revenue record has converted the land from agricultural to non-agricultural and thus, the decree cannot be executed because as per the decree, the possession of 13 Gunta land, which was to be handed over, was agricultural land and not the non agricultural land. 2. The Trial Court heard the parties and the application under Order XXII, Rule 1 and 2 of C.P.C. has been rejected by the Trial Court. Thus, t...
Ramesh Vs. Director General, Central Reserve Police Force and Others
Court: Mumbai Nagpur
Decided on: Feb-03-2014
Oral Judgment: (Z.A. Haq, J.) 1. Heard Shri M.M. Sudame, learned Counsel for petitioner and Shri S.K. Mishra, learned A.S.G.I. for respondents. 2. Challenge in the petition is to the order dated 11.10.2008, by which the petitioner was dismissed from service and orders dated January 2009 and 31.05.2009, by which the punishment of dismissal from service inflicted upon the petitioner, has been maintained. 3. The facts of the case are as under: Petitioner was appointed as a Constable in the year 1990 and during the course of his employment, he was posted and transferred to several places. In 2007, the petitioner was involved in an incident and according to the petitioner, the petitioner's hand had touched face of a co-employee who had made complaint against him. The petitioner was punished for 7 days confinement from 03.08.2007 to 09.08.2007 for this incident with forfeiture of all pay and allowances with one hour pack drill during that period. On 08.03.2008, the petitioner was given a mem...
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