Mumbai Court March 2014 Judgments
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Anmolsingh Swarnsingh Jabbal Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Mar-21-2014
V.M. Deshpande, J. 1. Being dissatisfied and feeling aggrieved by the recording of find of guilt, and consequently imposing punishment for life by the learned Additional Sessions Judge, Basmathnagar, dated 15.4.2011 in Sessions Trial No.10 of 2010, the appellant has presented the appeal questioning his sentence, on account of offence punishable under Sections 302 and 201 of the Indian Penal Code. 2. The factual matrix, giving rise to the present appeal, can succinctly be narrated as under :- PandurangKharate (PW-1), an agriculturist and resident of Kawatha, was returning to his house along with one Paraji on 29.7.2009 at 7.30 a.m. from their field. That time, they saw dead body of a girl by the side of field of one Raosaheb Pande. The dead body was lying in shrubs. They noticed that the deceased was having Jeans pant and T-shirt on her person. They informed the said fact to police patil Tukaram Kharate. Police Patil Tukaram Kharate (PW-2), on receipt of the information from Pandurang K...
Raju Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Mar-21-2014
Oral Judgment: 1. Heard. 2. The appellant is convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code by learned Adhoc Additional Sessions Judge, Buldana by his judgment dated 23rd February, 2012 in Sessions Case No. 106 of 2009. 3. Complainant Ganesh Bhangale's wife Mrs. Versha had been admitted in Ward No.9 of Government Hospital, Buldana for delivery. The complainant was staying with his wife in the hospital ward itself. The incident in question had occurred on 17th May, 2009. Shraddha the daughter of the complainant had come to stay with the complainant at hospital two days prior to the date of incident. She had come along with her uncle Ramdas. Ramdas returned to his village and Shraddha had stayed back with her father. 4. On 17th May, 2009 at about 9.00 a.m. when the complainant, his wife and his daughter were taking meals below a tree outside the Government Hospital the appellant had approached the complainant and had demanded a bidi. The co...
Dinesh Pandu Gaude and Another Vs. Biro Bapo Paune and Others
Court: Mumbai Goa
Decided on: Mar-21-2014
1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal at Mapusa-Goa in Claim Petition No.22/2003, by which the respondents no.1 and 2 are jointly and severally held liable to pay Rs.3.00 lakhs to the claimants along with interest at the rate of 6 % p.a. from the date of filing of the petition till the realization of the amount along with costs. 2. The relevant facts are: The 14 year old son of the claimants died on 22/7/2002 succumbing to the injuries sustained due to the accident in which the motor vehicle owned by the original respondent no.2 (appellant no.2) driven by the original respondent no.1 (present appellant no.1) was involved. 3. According to the claimants, the deceased and a girl named Jani were given lift by the appellant no.1 in the tempo bearing no.GA-01-W-5934, when the respondent no.1 was going towards the main road Sanquelim. According to the claimants, when the tempo reached near Bedshedwaddo road, the tempo jumped due to the rubble porti...
Praveena R. Doshi and Others Vs. Ganpat Parab and Another
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. The Appeal arises out of the Award passed by the learned Presiding Officer of the Motor Accident Claims Tribunal, North Goa, Panaji, in Claim Petition no. 120/1998. 2. The facts of the case are as follows: One Smt. Praveena R. Doshi, had filed the Claim Petition before the Tribunal claiming compensation for the injuries suffered by her in the accident in which the vehicle owned by the Respondent no. 2 and driven by Respondent no. 1 was involved. Smt. Praveena Doshi made the claim for compensation on the ground of loss of income, mental shock, pain, agony and sufferings, medicines and medical expenses, transportation charges, telephone charges, tea, food and breakfast and paying guest rentals. The accident had taken place on 07.07.1998. The Claim Petition was filed by Smt. Praveena R. Doshi and subsequently she executed a Power of Attorney in favour of her son Shri Hemang Doshi. Shri Hemang Doshi, had given evidence on behalf of the original claimant. During the penden...
Agnelo Filomeno Caetano Jose Menezes and Another Vs. Francisco Rosario ...
Court: Mumbai Goa
Decided on: Mar-21-2014
1. This petition is directed against the judgment and order of the District Judge-2, South Goa, Margao passed on 8.10.2013 thereby dismissing the appeal filed by the petitioners against the order passed on 6.4.2013 by the Civil Judge Junior Division, Margao in Regular Civil Suit No. 179/2012/F rejecting their application for grant of temporary injunction. 2. The petitioners are the husband and wife and respondents are also husband and wife. The petitioner no.1 is the brother of respondent no.1. It is the case of the petitioners that they filed a suit for eviction, recovery of possession, mense profits and other consequential reliefs against the respondents. They submitted that the suit property known as œGonbhata? alias œKincamotilem? situated at Maina Curtolim, bearing Land Registration No. 165 presently surveyed under No. 488/16 was purchased by the petitioner no.1 together with his three brothers including respondent no.1 and Manuel and Francisco Santana Menezes by sale ...
Vidhyadhar Atmaram Umarye @ Venkatesh Atmaram Umarye and Others Vs. th ...
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. Heard Mr. R.G. Ramani, learned Counsel appearing for the appellants, Mr. S. Vahidulla, learned Government Advocate appearing for respondents No.1 to 5 and Mr. Sudesh Usgaonkar, learned Counsel appearing for the respondents No.16 and 17. 2. The above appeal challenges the Judgment and Decree dated 24th April, 2007 passed in Civil Suit No.5/04(new), whereby the suit filed by the appellants for declaration and permanent injunction came to be dismissed. 3. Mr. Ramani, learned Counsel appearing for the appellants has assailed the impugned judgment on the ground that the disputed property forms part and parcel of the property œNacutxy? or œAmbachem Ghol? situated at Village Kudchirem of Sattari Taluka, described in the Land Registration Office under No. 4797 and surveyed in the record of rights under Survey No.211/1, 211/2 and 211/3, totally admeasuring an area of 1,74,739 sq. metres, approximately. The learned Counsel further points out that the said property c...
Bajaj Allianz General Insurance Co. Ltd. Vs. Fiona Furtado, Major and ...
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal in Claim Petition no. 224 of 2003 on 07.02.2008, granting compensation of Rs. 13,14,400/- to the claimants along with interest at 9% per annum. 2. The relevant facts are as follows: Anil Furtado, aged about 28 years, died in an accident on 29.05.2003 in which the car owned by the Respondent no. 4 and driven by Respondent no. 3 was involved. Anil Furtado, died on the spot. The Claim Petition is filed by his widow and minor daughter claiming compensation of Rs.15,00,000/-. The learned Presiding Officer, by the Award dated 07.02.2008, concluded that the claimants had proved that the accident had taken place because of the rash and negligent driving of the car by the Respondent no. 3 and that the death of the deceased was caused by the accident. It is held that the claimants were entitled for Rs. 13,14,400/-. The Appellant has filed this First Appeal challenging the above mentioned Award. By t...
Bhardwaj Co-op. Hsg. Society Ltd. Vs. Rajasthan Construction Corporati ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-21-2014
Narendra Kawde, Member: [1] The Complainant is a cooperative housing society. Complainant Society availed the services of the Opponent No.1 “ M/s. Rajasthan Construction Corporation for carrying out certain structural repairs and rectification of the building and services of the Opponent No.2 “ Mr. Nitin Doshi was availed as a technical expert in his capacity as an architect for finalizing the terms and conditions of the tender and awarding tender. Alleged deficiency is on account of carrying out defective work by the Opponent No.1 and not responding to the request of the Complainant Society by the Opponent No.2 in his capacity as an expert is the crux of the complaint. [2] Admittedly, the work was assigned to the Opponent No.1 under the supervision of the Opponent No.2. Work was commenced in the month of January-1995 and it was completed in the month of December-1996 i.e. beyond the stipulated time as per the terms and conditions. Opponents herein filed a revision peti...
The State of Maharashtra and Others Vs. Rakesh Manohar Kamble @ Niraj ...
Court: Mumbai Nagpur
Decided on: Mar-20-2014
B.R. Gavai, J. 1. The Confirmation Case No.3 of 2013 arises out of the Reference made by the learned Additional Sessions Judge, Nagpur in Special Criminal Case No. 25/2006 for confirmation of the death sentence awarded to the original accused no.1 Rakesh Manohar Kamble and original accused no.6 Amarsingh s/o Kisansing Thakur. 2. The appellants/original accused no.1 Rakesh and original accused no.6 Amarsing have also preferred the appeal challenging the Judgment and order dated 28th June, 2013 by which the appellants are convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to death; convicted for the offence punishable under Section 376 (2)(g) of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- and in default of payment of fine to suffer further rigorous imprisonment for two years; convicted for the offence punishable under Section 364 read with section 34 of the Indian Penal...
Maharashtra Krishna Valley Development Corporation Through the Executi ...
Court: Mumbai
Decided on: Mar-20-2014
A.S. Oka, J. 1. The petitioner is a statutory Corporation established under the Maharashtra Krishna Valley Development corporation Act,1996. The dispute in this petition relates to the lands held by the respondent Nos.4 to 48 which were acquired for construction of Minor Irrigation Percolation Tank at Village Pratapnagar in Solapur District. An Award was made under section 11 of the Land Acquisition Act,1894 (for short œthe said Act?) on 12th September 1994. After establishment of the petitioner Corporation, the said project of minor irrigation Percolation tank was transferred by the Irrigation Department of the State Government to the Petitioner-Corporation. 2. An Application under section 18 of the said Act was made by Shri Shamrao Rupa Pawar and Shri Narhar Vyankatesh Kulkarni. Their lands were notified under the same notification under section 4 (1) of the said Act under which the lands of the respondent Nos.4 to 48 which are subject matter of the present petition were notifi...
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