Mumbai Court July 2014 Judgments
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Mst. Fatimabee w/o. Abdul Rehman Mukadam (Dead) through L.Rs. and Othe ...
Court: Mumbai Nagpur
Decided on: Jul-08-2014
1. Heard the learned Counsel for the respective parties. 2. The petitioners have questioned validity and legality of the Judgment and Order, dt. 28.2.2005 passed by learned Judge, Small causes Court, Nagpur in Regular Civil Suit No.411 of 2002, which resulted in decree for possession. Learned trial Judge found that defendants nos. 1 to 4 illegally sublet the suit premises. Defendants were directed to deliver possession and inquiry into mesne profits under Order XX, Rule 12 of the Code of Civil Procedure was ordered from the date of suit till delivery of possession. Regular Civil Appeal No.111 of 2007 preferred by the defendants was dismissed on 7.1.2008 by learned Adhoc District Judge-7, Nagpur. The Appellate Court found that tenancy of defendants was liable to be forfeited. 3. The dispute related to southern block of two rooms 40 feet X 9 feet with court yard in the Corporation House No. 1049 (old House No.443/2) in Ward No.110 (old ward No.52), Circle No.17/23, Mominpura, Nagpur. It ...
Rashid Abdul Sattar Oomerbhoy and Another Vs. Nargis Majid Oomerbhoy a ...
Court: Mumbai
Decided on: Jul-08-2014
G.S. Patel, J. 1. Subject only to further directions indicated below, this order will dispose of both this notice of motion and this suit. 2. The suit, filed in 2002, seeks a dissolution and distribution of the properties of the Ahmed Oomerbhoy Wakf Trust (the Trust; the Wakf). Admittedly, this is a private trust. The Plaintiff and Defendants No. 2 to 6 form one group, the Sattar Group; Defendants No. 7 and 8 together constitute the second group, the Majid Group. The two groups are, and this is also admitted, jointly entitled to 50% share each in the properties of the Trust. 3. The Trust owned four immovable properties. In addition, there were two properties that belonged to Ahmed Oomerbhoy (since deceased) personally. These are admittedly divisible equally between the two groups. A mere particularized description of these properties is tabulated in Annexure 1 to this order. These are briefly described as follows: a) The Dadar building, which has two wings and is fully tenanted; b) The...
The State of Maharashtra, Through Chitra @ Suchitra Yuvraj Avhad Vs. S ...
Court: Mumbai Aurangabad
Decided on: Jul-08-2014
A.I.S. Cheema, J. 1. This Appeal by State is against acquittal of the Respondents (original accused Nos.1, 2, 4 to 6 and 8 to 10, hereafter referred as accused with their original numbers). The accused faced trial in the Sessions Case No.56 of 1998 before Additional Sessions Judge, Dhule for offence punishable under Section 395, 396, 397, 402, 412, 414, 457 read with 34 of the Indian Penal Code, 1860 (for short I.P.C.). During pendency of trial, accused No.1 absconded and his trial was separated and charge dated 14th February 2000, was framed against original accused Nos. 2 to 10. It included original accused No.3 Shrimant Vyankat Kale and original accused No.7 Das @ Paltya @ Gas @ Chindhya Bapu Bhosle. In the course of recording of evidence against original accused Nos.2 to 10, accused No.1 was apprehended and charge was framed against him on 4th July, 2001 and witnesses examined till then were recalled. In the further trial, accused Nos. 3 and 7 absconded and thus trial was split up ...
State of Maharashtra Vs. Kawdu
Court: Mumbai
Decided on: Jul-08-2014
C.V. Bhadang, J. 1. This is an appeal filed by the State challenging acquittal of the respondent for the offences punishable under Sections 302 and 323 r/w 34 of Indian Penal Code. 2. The brief facts are that P.W.1 - Kalidas Uikey is the uncle of the respondent/original accused no.1. The charge-sheet was filed against the respondent and his brother Kailas Uikey, who was then found to be juvenile in conflict with law (J.C.L.) and as such, his case was sent to the Juvenile Justice Board. The trial proceeded only against respondent Kawdu before the learned Sessions Judge, Chandrapur bearing Sessions Case No.113/1998. According to the prosecution, the houses of P.W.1 -Kalidas and his brother Ramdas who is the father of the respondent are adjacent to each other, situated at village Meha (Khurd), Taluka Saoli, District : Chandrapur. Deceased Saraswatibai was the wife of P.W.1-Kalidas. The incident in question had occurred on 9.4.1998 at about 9:00 p.m. It is said that she-goats of Kalidas ha...
Uttam Vs. Babita and Others
Court: Mumbai
Decided on: Jul-08-2014
Oral Judgment: 1. Uttam s/o Kisan Pawar felt aggrieved by the Judgment and Order dated 6th February, 2001 passed by the Principal Judge, Family Court, Aurangabad in Petition No.A-721/1999, by which the learned Judge, Family court was pleased to allow the Petition partly, filed on behalf of present Respondent Nos. 1 to 3 and the court below was pleased to direct the present applicant to pay monthly maintenance allowance @ Rs.500/- to Resp.No.1 from the month of December, 1999 onwards and also directed that, from the month of December, 1999, the applicant to pay monthly maintenance allowance @ Rs.250/- each to respondent Nos. 2 and 3. 2. I have heard Mr. S.A. Dhengle, learned counsel appearing for the applicant in extenso. I have also heard Mr. Bhange, learned A.P.P. for Respondent No.4. Though Resp.Nos. 1 to 3 are served, nobody appeared on their behalf. 3. According to the learned counsel for the applicant, the court below had committed serious mistake in granting maintenance allowance...
Father Peter Paul Antony Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-08-2014
Oral Judgment: 1. By this Criminal Revision, the applicant takes exception to the judgment and order dated 27th of December, 2005, passed by the learned Additional Sessions Judge, Buldana in Criminal Appeal No.41 of 2002, dismissing the same and thus confirming the judgment and order dated 31st of October, 2002 passed by learned Assistant Sessions Judge, Buldana convicting the applicant for the offence punishable under Section 305 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for three years and to pay a fine of Rs.5000/-, in default to suffer R.I. for one year. 2. Prosecution case can briefly be stated as follows Deceased Tarun Bagde was studying in St. Josef English School at Buldana since 1993 when he was in second standard and was residing in the hostel run by Meerymeyar Church of which applicant/accused was the Rector. It is the case of prosecution that about 1-1/2 months prior to the incident, which occurred on 14th of October, 2000, applicant had provid...
Dharmendra Vs. The State of Maharashtra, through Police Station Office ...
Court: Mumbai Nagpur
Decided on: Jul-08-2014
B.P. Dharmadhikari, J. 1. By this appeal filed under Section 374 of the Code of Criminal Procedure, the appellant accused challenges the judgment and order dated 19.07.2011 passed by the Session Judge, Chandrapur, in Sessions Case No. 4 of 2010, holding him guilty of an 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.3,000/or in default to suffer Rigorous Imprisonment for six months. 2. The prosecution story in brief is that on 14.10.2009 at 4.00 P.M., Room No. 2 of Shivshankar lodge, Bramhapuri was procured by the appellant accused giving his name as Manoj Meshram. The lady whose identity was disclosed as Diksha Meshram was accompanying him. They claimed to be the residents of Chamorshi, District Gadchiroli. This room was given to them by the first informant Sandip Anil Maturkar (P.W.1) working in adjacent liquor shop as also in the lodge. P.W.3 Kartik Naktode is regular employee of that lodg...
Glady Francis D'Souza Vs. The Divisional Joint Registrar Co-operative ...
Court: Mumbai
Decided on: Jul-08-2014
Oral Judgment: 1. Rule. With the consent of the learned Counsel for the parties i.e. Ms Nagotanekar for the Petitioner, the Learned AGP for the Respondent Nos.1, 2 and 5 and the Learned Counsel Mr. D'Souza for the Respondent No.4, made returnable forthwith and heard. In so far as the Respondent No.3 is concerned, Committee Member Mr. Pramod Surve is personally present in Court with the record of the society and states that he has no objection to the Petition being decided. 2. The Writ Jurisdiction of this Court is invoked against the order dated 20-1-2014 passed by the Divisional Joint Registrar by which order, the Revision Application filed by the Respondent No.4 herein came to be allowed and resultantly the order dated 23-7-2012 passed by the Deputy Registrar Cooperative Societies G/N Ward, came to be set aside and the Respondent No.3 society was directed to admit the Respondent No.4 as a member of the said society. 3. The facts necessary to be cited for adjudication of the above Pet...
Jinnasrao and Another Vs. The State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Jul-08-2014
A.I.S. Cheema, J. 1. This Appeal is by original accused (hereafter referred as accused) who was convicted for offence punishable under Section 376 of Indian Penal Code, 1860 (for short I.P.C.) by Sessions Judge, Jalna in Crime No.51 of 1997 of Hasnabad Police Station and who was sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1,000/and in default of fine to suffer rigorous imprisonment for one year. 2. When the Appeal was filed, notice of enhancement of sentence was issued to the Appellantaccused keeping in view provisions of Section 376 of I.P.C. The notice has been registered as Criminal Revision Application No.1 of 2001. Thus this matter has come up for hearing. 3. Case of prosecution in brief, is as under:. Complainant (hereafter referred as prosecutrix) was residing at Rajur, DistrictJalna along with her husband and inlaws. On 5th October, 1997 she had gone to graze her goat in the field of one Sanduji Gangwan. She drank water from a public well at...
Laxmanrao Mahadeo Nikose Vs. Narayan Mahadeo Nikose and Others
Court: Mumbai Nagpur
Decided on: Jul-08-2014
Oral Judgment: 1. Being aggrieved by judgment and decree dated 24.04.1992 passed by Civil Judge Jr. Dn., Saoner, dismissing the suit filed by the appellant-plaintiff and confirmed in Reg. C. A. No.197/1992 passed by 2nd Addl. District Judge, Nagpur on 06.03.2000, the unsuccessful plaintiff had filed the instant second appeal. The learned counsel for the appellant, assailing the impugned judgment and decree passed by the lower appellate Court submitted that the lower appellate court has considered only the point of maintainability of second civil suit holding that the second civil suit in the same subject matter was not maintainable and thus dismissed the appeal preferred by the present appellant. She thus submitted that the lower appellate court did not discuss the single point on merits of the suit and dismissed the appeal on the sole ground. According to her, the lower appellate Court being the court of facts and the said appeal being one of right, the lower appellate court was under...
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