Mumbai Court July 2015 Judgments
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Madhu Nair Vs. The State of Goa
Court: Mumbai Goa
Decided on: Jul-14-2015
Oral Judgment: 1. By this appeal, the appellant is challenging his conviction under Section 2(y)(i) read with Section 8(2)of the Goa Children's Act, 2003 (the Act, for short)'. The appellant has been sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.2 Lakhs and in default, to undergo Simple Imprisonment for six months. 2. The prosecution case may be briefly stated thus: That PW1, who is the mother of the victim (PW2), who was then a girl, aged 6 years, is a neighbour of the appellant. The complainant PW1 is serving as a Sweeper at G.M.C., Bambolim. On 23/04/2009, after the complainant returned home from her duty, the victim PW2 had gone out to play with the neighbouring children. At about 22.00 hours, the complainant called her daughter for serving her food. At that time, the victim was complaining that she is having fever. PW2 also allegedly told her mother PW1 that she has pain in her private part. PW1 on checking found that the private part of the victi...
Asha Vs. The State of Maharashtra, through Secretary, Home Department ...
Court: Mumbai Aurangabad
Decided on: Jul-14-2015
A.I.S. Cheema, J. 1. Namdeo Vaijnath Sable, the husband of petitioner No.1 died unnatural death on 28.3.2009 when he was lodged in the Central Jail, Beed. Thus, the present petition by petitioner No.1, the wife of Namdeo and petitioners No.2 to 4, the minor children, for compensation of Rs.5,00,000/- for the custodial death. 2. The petition, in brief, is as follows:- The petitioners claim that, deceased Namdeo died due to head injury suffered by him while he was lodged in the Central Jail, Beed. He had been arrested due to the orders passed by Judicial Magistrate, First Class, Majalgaon on 15.3.2009 and was sent in judicial custody. Namdeo had been arrested in view of the orders issued in R.C.C. No.320/2002. The Judicial Magistrate, First Class sent him to magisterial custody till 26.3.2009. On 26.3.2009 the custody was extended. On 28.3.2009 at about 2.00 a.m. Namdeo started vomiting. He was taken to Civil Hospital but was declared dead. Only thereafter the incident was informed to th...
Ashraf Vs. The State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Jul-14-2015
S.S. Shinde, J. 1. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties. 2. By this Petition under Article 226 of the Constitution of India, the petitioner is praying for quashing and setting aside the order dated 4th April, 2015 passed by Respondent No.2 in Externment Appeal No. 01/2014. 3. The learned counsel appearing for the petitioner confined his arguments only to one ground that, without recording subjective satisfaction and reasons in the externment order, the petitioner is externed from three districts i.e. Ahmednagar, Nashik and Pune. It is submitted that, offences which are registered against the petitioner are in the vicinity of Sangamner Police Station located at Ahmednagar district. It is submitted that, even the alleged prejudicial activities of the petitioner, as stated in the show-cause notice, are in the vicinity of Sangamner area of Ahmednagar district. Therefore, the learned counsel appearing for the petitioner sub...
Bim Lama Vs. State of Goa through Public Prosecutor and Another
Court: Mumbai Goa
Decided on: Jul-13-2015
Oral Judgment: 1. By this appeal the appellant is challenging the judgment and order dated 3rd September, 2013 passed by the learned Special Judge (NDPS Court), Mapusa, in Special Criminal Case No.14/2009. By the impugned judgment, the appellant has been convicted for the offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotrophic Substances Act, 1985 ('the Act', for short), and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and, in default thereof to undergo further rigorous imprisonment for a period of one year. The period of detention already undergone, is directed to be set off. 2. The prosecution case may briefly stated thus, That on 17th January, 2009 at about 14.20 hrs., P.S.I. Punaji Gawas (PW-6) then attached to the Anti Narcotic Cell had received a specific reliable information that a male, native from Nepal, aged 20 to 25 years, fair complexioned of medium built, wearing long sleeves black col...
Vasant Manaji Kamble Vs. The Chairman, Bhaskar Pandurang Hiwale Educat ...
Court: Mumbai Aurangabad
Decided on: Jul-13-2015
Oral Judgment: 1. I have heard the learned Advocates for the respective sides at length. 2. Rule. 3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal. 4. The petitioner is originally Complainant No.2 in Complaint (ULP) No. 23 of 2009 filed by the Complainants along with Shri Shashikant Anand Hiwale, who was the Registrar of the respondent - Education Society. Shri Natu, therefore, makes it clear that this petition is restricted only to the extent of Complainant No.2 in the said Complaint before the Industrial Court. 5. The petitioner is aggrieved by the judgment and order dated 17.12.2012, delivered by the Industrial Court in Complaint (ULP) No. 23 of 2009. 6. Shri Natu submits that the Industrial Court has come to a conclusion in paragraph Nos. 7 and 18 of the impugned judgment that the entire complaint was not maintainable since both the Complainants did not fall within the definition of workman? under Section 2(s) of the Industrial Disput...
Girish Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jul-13-2015
S.S. Shinde, J. 1. This Appeal has been filed by the appellant [original accused], challenging the Judgment and Order dated 06.11.2008 passed by the Adhoc District Judge1 and Additional Sessions Judge, Jalgaon in Sessions Case No.179/2005, thereby convicting the appellant “ original accused for the offence punishable under Sections 302 and 309 of I.P. Code and sentencing him to suffer imprisonment for life and pay a fine of Rs.5,000/-, in default, R.I. for 3 months, and S.I. of one Year and fine of Rs.500/- in default S.I. for one month, respectively. 2. Facts giving rise to the prosecution case, in brief, are that, accused Dr. Girish Vasant Kolhe, was residing in Bendale Nagar, Area of Jalgaon, in a house namely ˜Gujnan™, along with his wife, Jayashri, two sons namely Bhushan and Vinit, as well as his parents. The accused Dr. Girish Kolhe is a Medical Practitioner, running Dispensary in Hudco Colony. His wife deceased Jayshri was also Medical Practitioner. Both of th...
Nandlal Hiralalji Gupta Vs. State of Maharashtra through its Secretary ...
Court: Mumbai Nagpur
Decided on: Jul-13-2015
Oral Judgment: 1. Rule. Heard finally with the consent of the learned Counsel for the parties. 2. The petitioner herein takes exception to the order dated 2-12-2013 passed by the appellate authority under Section 33 of the Maharashtra Police Act, 1954 (for short, the said Act) whereby the appeal filed by the present petitioner challenging the order passed by the Commissioner of Police, Amravati cancelling the entertainment licence of the Lodge run by the petitioner has been dismissed. 3. The petitioner claims to be running a Lodge pursuant to a license granted to him by the District Magistrate, Amravati on 7-12-1985. This license was granted in exercise of powers conferred by Section 33 (1) of the said Act. This license was being renewed on annual basis. On 16-10-2012, a show cause notice was issued to the petitioner by the respondent No.2 “ Commissioner of Police as to why the said entertainment license should not be cancelled. The reason for issuing said notice was that, accord...
Arjun Kashinath Badade Vs. Director General, Water and Land Management ...
Court: Mumbai Aurangabad
Decided on: Jul-10-2015
Oral Judgment: 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The Petitioner seeks to challenge the judgment delivered by the Labour Court dated 30.11.2011 in Complaint (ULP) No.81/2004 and the judgment of the Industrial Court dated 02.05.2013 delivered in Revision (ULP) No.70/2011. 3. Shri Muley, learned Advocate for the Petitioner, has narrated the details of the case as follows: (a) The Petitioner/Employee joined the Respondents/ Employer as Chowkidar? in 1984 and was subsequently granted permanency and benefits incidental thereto. (b) On 14.07.2004, he received the charge sheet and was called upon to submit his explanation to the said charge sheet. (c) By communication dated 19.07.2004 the Petitioner submitted his reply to the show cause notice dated 14.07.2004. (d) He has stated that his wife is ill and being the only adult person in the family, he is required to attend to her medical treatment and therefore, he has been obtaining leave...
Avinash Ramdhan Chavan Vs. Pradnya
Court: Mumbai Nagpur
Decided on: Jul-10-2015
Oral Judgment: (Smt. Vasanti A. Naik, J.) 1. Since, this is a Family Court Appeal and the parties are young, the appeal is Admitted and heard finally at the stage of admission, after perusal of the original record and proceedings. 2. The appellant-husband had filed a Hindu Marriage Petition before the Family Court at Nagpur on 05.01.2012, seeking a decree of divorce on the ground of cruelty. The marriage between the appellant-husband and the respondent-wife was solemnized at Aurangabad on 14.02.2005 as per Hindu rites and custom. The appellant was then in government service and was posted at Warora. The appellant-husband shifted to Nagpur within a short time and the respondent-wife, who possesses a decree in Bachelor of Engineering (Electronics and Communication), joined the services at Nagpur with Datta Meghe Polytechnic College. Thereafter, the wife was appointed as a Lecturer in Shegaon Engineering College at Shegaon, in 2005. The husband continued to serve and reside in Nagpur, whe...
The Commissioner, Dhule Municipal Corporation, Dhule and Others Vs. Pr ...
Court: Mumbai Aurangabad
Decided on: Jul-10-2015
Oral Judgment: 1. The name of the Respondent is wrongly shown as Bhila Harchand Salve in Writ Petition No.1044/2005. It is actually Bhimbai Harchand Salve. Leave to correct, granted. Correction be carried out forthwith. This correction has been carried out since the error in the name has been pointed out by Shri Warma, learned Advocate appearing for Respondent No.1. 2. The Petitioner is common in all these petitions being the Dhule Municipal Corporation. The common judgments and orders dated 05.10.2004 and 15.12.2004 delivered by the Industrial Court, Dhule in the complaints filed by the Respondents under the MRTU and PULP Act, 1971 are challenged in these petitions. The names of the Respondents and their complaint numbers are mentioned in the cause title of the impugned judgments dated 05.10.2004 and 15.12.2004 delivered by the Industrial Court. 3. The operative parts of the impugned judgments and orders dated 05.10.2004 and 15.12.2004 read as under:- (05.10.2004):- 1. The complaints ...
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