Mumbai Court June 2014 Judgments
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Dinu Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Mr. Kalar for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. 2. The appellant was accused No.4 in Special Criminal Case No.16/1994, heard by the Special Judge under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. In all there were six accused. They were tried for the offences punishable under Sections 147, 148, 326 read with Section 149 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. At the end of trial, only accused Nos.1, 2 and 4 (appellant) were convicted for the offence punishable under Section 325 read with Section 34 of Indian Penal Code and are sentenced to suffer R.I. for two months and fine of Rs.100/- each. 3. The incident had occurred in the agricultural field at village Jamuniya. The appellant and others had assaulted the complainant (PW-1) by means of axe and sticks. The complainant had sustained va...
Dipika Shivlal Suthar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-19-2014
Oral Judgment: 1. The Appeal is directed against the judgment and order dated 11th January, 2011 of conviction passed by Sessions Judge of City Civil Court, Greater Bombay thereby holding the appellant/accused guilty for the offence punishable under section 304 Part II of the Indian Penal Code and sentencing her to suffer R.I. for 7 years with fine of Rs.500/- i/d. to suffer R.I for 10 days. 2. The incident has taken place on 9th May, 2010 in the house of the appellant. The appellant/accused has married to one Shivlal Sutar six months prior to the incident. It was a second marriage of Shivlal Sutar. He was having one son named Kartik nearly of 2 years old from his first wife. Kartik was residing with his grandparents in Rajasthan. However, the appellant and her husband went to Rajasthan 15 days prior to the incident and brought Kartik to Mumbai to reside with them. The appellant was the step-mother of Kartik. 3. It is the case of the prosecution that the appellant used to ill-treat Kar...
Kausalya Krishna Shinde Vs. Digamber Datta Kangude and Others
Court: Mumbai
Decided on: Jun-19-2014
Oral Judgment: 1. This Appeal is directed against the judgment and order dated 31st December, 1993 passed by the Judicial Magistrate First Class, Barshi thereby acquitting all the respondents/accused from the offences punishable under sections 323 and 504 of the Indian Penal Code. The appellant-Kausalya Krishna Shinde is a complainant who has filed this Appeal against the acquittal. The Government has not preferred an Appeal against the respondents. 2. It is the case of the complainant that the complainant and respondents are the residents of Village Soundare, Taluka Barshi. The incident has taken place on 17th October, 1985. There was a dispute between the families of complainant and respondents on petty issues. There was a fight on the ground of grazing of she-goats. The complainant filed criminal case at Vairag Police Station suspecting that her two she-goats out of 31 disappeared because of respondent No.1 and, therefore, at around 10.30 a.m. on 17th October, 1985 respondents went ...
Dinu Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Mr. Kalar for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. 2. The appellant was accused No.4 in Special Criminal Case No.16/1994, heard by the Special Judge under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. In all there were six accused. They were tried for the offences punishable under Sections 147, 148, 326 read with Section 149 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. At the end of trial, only accused Nos.1, 2 and 4 (appellant) were convicted for the offence punishable under Section 325 read with Section 34 of Indian Penal Code and are sentenced to suffer R.I. for two months and fine of Rs.100/- each. 3. The incident had occurred in the agricultural field at village Jamuniya. The appellant and others had assaulted the complainant (PW-1) by means of axe and sticks. The complainant had sustained va...
Sheikh Shabbir Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. Heard learned counsel Ms. Haidari for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. 2. This appeal is coming up for final hearing after 16 years of filing of the appeal. The incident had taken place in the year 1987. As such the appeal is being decided after about 28 years of the date of incident. 3. The appellant has been convicted for the offence punishable under Section 307 of Indian Penal Code and is sentenced to suffer R.I. for a period of three years and to pay fine of Rs.2000/- and in default to suffer R.I. for six months. The appellant was in custody from 11th February, 1998 till 30th August, 1998. The learned trial Court has directed that set off be given to the appellant for the period already undergone by him. The appellant was accused no.2. He was charge-sheeted along with accused Nos.1 and 3 for the offence punishable under Section 307 of I.P.C. 4. The incident in question had occurred at Teka Naka, Nagpur. Th...
Riyazuddin Quazi Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-19-2014
Oral Judgment: 1. This criminal appeal takes exception to the judgment and order dated 28.02.2001, passed by the Special Judge (N.D.P.S. Court), Nagpur in Special Case No.32/1999, whereby the appellant came to be convicted for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.3000/-, in default to suffer further rigorous imprisonment for three months. 2. Briefly, it is the case of prosecution that on 04.06.1999 P.W.1 PSI Deokare was attached to Panchpaoli Police Station. At about 11:00 a.m. he received a secret information involving appellant in a transaction of selling ganja at Ekta Colony, N.I.T. Qtr. No.B-15/171 to his customers. This information was reduced into writing and was forwarded to the superior officer - Police Inspector. P.W.1 thereafter in the presence of two panchas, made arrangement for effecting r...
Keshao Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-18-2014
Oral Judgment: 1. The appellant has been convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.One Thousand in default to undergo rigorous imprisonment for three months. 2. The appellant was charge-sheeted by Hingna Police Station on the report lodged by father-in-law of the appellant. The charge under Section 306 and 498-A of the Indian Penal Code was framed. However, the appellant has been acquitted of the offence punishable under Section 306 of the Indian Penal Code. 3. The deceased committed suicide by consuming poison on 12th May, 1997. The matter was reported to police by the appellant himself. The accidental death was registered by police vide Exh.7. However, on 30th May, 1997 the complaint was lodged by father of the deceased vide First Information Report Exh.50. It was alleged that the relations of the deceased and the appellant were cordial for about two years from ...
Anil Madhavdas Ahuja Vs. Marvel Fragrances Pvt. Ltd. and Others
Court: Mumbai
Decided on: Jun-18-2014
PC:- 1. This is a Notice of Motion filed by Defendants Nos 2 to 6 to the suit. It seeks that the Court do record that the suit has been adjusted wholly by an agreement between the parties and that there has been a compromise, for a decree in those terms and a consequent dismissal of the suit. The submission made by Mr. Jain, learned Advocate for Defendants Nos. 2 to 6, is that under the provisions of Order 23 Rule 3 of the Code of Civil Procedure, 1908 (CPC), where it is proved to the satisfaction of the Court that there exists such an adjustment either in whole or in part by means of lawful agreement or compromise, the Court must order that agreement or compromise to be recorded and must pass a decree. He invites attention to Order 23 Rule 3: O.23 R.3. Compromise of Suit. Where it is proved to the satisfaction of the Court that suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, or where the defendant satisfies the plain...
The Municipal Council, Achalpur, through Its Chief Officer Vs. Tolaram ...
Court: Mumbai Nagpur
Decided on: Jun-18-2014
Oral Judgment 1. Petitioner Municipal Council has sought to assail judgment and order dated 11th September 2007 passed by the Member, Industrial Court, Amravati whereby the petitioner is directed to pay the wages as nonmatric clerk to the respondent no. 1 for the period during which he has actually worked on the post of Octroi Clerk. 2. Respondent no. 1 filed Complaint ULP No. 743 of 1996 before the Industrial Court, Amravati stating that he was initially appointed as Peon in 1964 and thereafter in the year 1969 petitioner Municipal Council directed him to work as Octroi Clerk. However, petitioner failed to pay wages and privileges as are applicable to nonmatric clerks. Respondent no. 1 thus alleged that petitioner indulged into unfair labour practice as covered by items 5, 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 3. Heard learned counsel for the parties. Perused the complaint, oral and documentary eviden...
The State of Maharashtra Vs. Chatish Arunachalam Das and Others
Court: Mumbai
Decided on: Jun-18-2014
A.S. Gadkari, J. 1. The Appellant, State of Maharashtra has preferred the present Appeal questioning the correctness of the judgment and order dated 28 January 2011 passed by the Court of Sessions at Dindoshi, Goregaon, Mumbai in Sessions Case No.37 of 2010 thereby acquitting the Respondents under Section 376(2)(g) of the Indian Penal Code and under Section 5 of the Prevention of Immoral Traffic Act. 2. The facts in brief which can be enumerated from the record be stated as under: i) On 16 June 2009 P.W.3 Devendra Borade had been to Chhatrapati Shivaji Complex, Ekta Nagar, MHADA, Charkop, Mumbai to meet his sister. When he was walking through the Ganesh Nagar area at about 2 p.m., he saw one small girl aged about 8 to 9 years who was in school uniform and was weeping. The said girl was in frightened condition and therefore P.W.3 Devendra Borade went near to that girl and asked what had happened. The said girl told him that she wanted to go to police. When P.W.3 Devendra Borade asked...
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