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Mumbai Court July 2015 Judgments

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Jul 20 2015

Justin Richard Jems Vs. State of Maharashtra

Court: Mumbai

Decided on: Jul-20-2015

P.C. 1. This application is made for bail. The applicant-accused is facing prosecution under section 302 read with 34 of the Indian Penal Code in C.R. No.127/14 of Khadki police station which was registered at the instance of Ashok Ganpat Salvi on 22nd May, 2004. It is the case of the prosecution that applicant and his associates Amin and Manoj on the night of 18th May, 2014 were consuming liquor. At that time, there was sudden verbal altercations between Prakash Suryavanshi and these three persons. Suddenly, the associates Amin and Manoj started hitting Prakash with hands and stones. The present applicant-accused also assaulted with hands. Prakash succumbed to the injuries on 19th May, 2014 and thereafter the offence was registered against the applicant-accused. The applicant-accused was arrested on 22nd May, 2014. Hence this bail application. 2. Learned counsel for the applicant-accused submitted that the role attributed to the applicant-accused is that he assaulted the deceased with...


Jul 20 2015

Rameshchandra Daulal Soni and Others Vs. Devichand Hiralal Gandhi, Sin ...

Court: Mumbai Aurangabad

Decided on: Jul-20-2015

1. All the present civil revision applications have arisen out of one and the same suit filed by the common respondents No. 1 (since deceased) for eviction of the defendants therein on the ground of default in payment of rent, non-user of the suit premises by the original defendants No. 1 and 2 i.e. the petitioners in civil revision application No. 112/2012 for a period of more than six months and sub-letting some portions of the suit premises to the lateron added defendants No. 3 to 7, including the petitioners in civil revision applications No. 113/2012 and 114/2012. The suit was decreed by the learned Civil Judge Senior Division, Ahmednagar on the ground of default in payment of rent and non-user of the suit premises. The ground of subletting some portions of the suit premises did not find favour with the trial court. Aggrieved by the decree passed by the trial court, the original defendants No. 1 and 2 preferred an appeal before the District Court and aggrieved by the refusal of de...


Jul 20 2015

Syed Muzafaruddin Syed Amiruddin and Others Vs. Syed Zeenat Bee Syed M ...

Court: Mumbai Aurangabad

Decided on: Jul-20-2015

1. The proceeding is filed to challenge the judgment and order of Wakf Suit No.23 of 2007, which was pending before the learned Presiding Officer of Maharashtra Wakf Tribunal, Aurangabad. The suit filed by Respondent Nos.1 to 3 for reliefs of declaration that they are Inamdars of Service Inam Lands, they are in possession of the lands and for relief of injunction to protect their possession and also for relief of injunction to prevent the defendants from alienating the suit properties in any way, is decided partly in their favour. Alternative relief was claimed of possession if the Tribunal was not convinced with the case of their possession. The relief of possession is given by the Tribunal in respect of one of the suit properties. The relief is rejected in respect of other property (Survey No.50). The Tribunal has directed the Wakf Board to take over survey No.50 under its supervision. Relief of injunction is refused as the plaintiffs were not found in possession of Survey No.166/4 i...


Jul 20 2015

Muzhir Ahmed Itbar Khan and Others Vs. The State of Maharashtra and An ...

Court: Mumbai Aurangabad

Decided on: Jul-20-2015

S.S. Shinde, J. 1. Rule, returnable forthwith. By consent of parties, taken up for final hearing. This Criminal Application, under Section 482 of Criminal Procedure Code, is filed taking exception to the Charge-sheet No.39/2014 and registration of proceeding in R.C.C.No. 70/2014, pending on the file of learned Judicial Magistrate First Class, Amalner, District Jalgaon. These proceedings are arising out of registration of Crime No. 06/2014 registered with Amalner Police Station, Amalner, District Jalgaon, for the offences punishable under Section 498-A, 323, 504, 506 r/w. 34 of IP Code, by the respondent No. 2 herein. 2. The learned counsel appearing for the applicants submit that, even if the allegations in the FIR are considered in its entirety, no offences are disclosed against the applicants as alleged by the complainant. It is submitted that, the applicant Nos. 1, 3 and 4 are the real brothers. The applicant No. 2 is mother of the other applicants. The applicant No.2 is bedridden f...


Jul 17 2015

Deepak Bapu Keluskar Vs. State of Maharashtra through the Secretary to ...

Court: Mumbai

Decided on: Jul-17-2015

Oral Judgment: (S.C. Dharmadhikari, J.) 1. This Writ Petition under Article 226 of the Constitution of India challenges the order passed by the detaining authority dated 29th September 2014 under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the 'COFEPOSA'). 2. This detention order dated 29th September, 2014 at Annexure 'A' alleges that the detaining authority is satisfied that with a view to prevent the detenu in future from smuggling of goods, it is necessary to make the detention order. 3. In the grounds of detention and which run into about 98 paragraphs it is narrated as to how the detenu engaged himself in smuggling activities in an organised manner over a period of more than nine years. That he had established deep links with other members of the smuggling syndicate and therefore, it is required to pass this detention order. 4. Facts necessary to appreciate the grounds on which this order has been assailed are t...


Jul 17 2015

Vikramsingh Vilas Khade and Another Vs. The State of Maharashtra

Court: Mumbai

Decided on: Jul-17-2015

1. The appellants and two others were prosecuted on the allegation that they had committed offences punishable under Section 498A of Indian Penal Code (IPC) read with Section 34 IPC, Section 306 IPC read with Section 34 IPC and Section 304B IPC read with Section 34 IPC. After holding a trial, the learned Additional Sessions Judge, Kolhapur, found the appellants, who were accused nos.1 and 2 respectively in the said case i.e. Sessions Case No.1 of 1992, guilty of the aforesaid offences. He found the other two not guilty and acquitted them. The learned Additional Sessions Judge imposed a sentence of Rigorous Imprisonment for a period of 7 years on appellant no.1 and a sentence of Simple Imprisonment for 7 years on appellant no.2 with respect to the offence punishable under Section 304B IPC read with Section 34 IPC. He, however, did not pass any separate sentence for the offences punishable under Section 306 IPC read with Section 34 IPC and Section 498A IPC read with Section 34 IPC. 2. Du...


Jul 17 2015

Deelip Vs. The State of Maharashtra and Another

Court: Mumbai Aurangabad

Decided on: Jul-17-2015

Oral Judgment: (S.S. Shinde, J.) 1. Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties. 2. The applicant herein is arrayed as accused in Crime No.I-23/2015, registered with respondent No.1. The applicant is Government servant and working on the post of Assistant Registrar, Co-operative Societies, Sailu. It is the case of the applicant that the process of election of Nirwadi (Kh.), V.K.S.S. Society was set in motion and voting was scheduled to be held on 22.3.2015. The complainant was one of the contesting candidate in the said election. 3. The respondent No.2 filed complaint on 26.3.2015 before the Judicial Magistrate, First Class, Sailu bearing Criminal Misc. Application No.58/2015. It was alleged in the said complaint that though the person whose name is appearing at Sr.No.327 namely Kiralkar Rambhau Tukar died on 11.12.2004, on the date of voting i.e. 22.3.2015 at about 2.00 p.m., one of the resident of Nirwadi (Bk.) namely Kal...


Jul 17 2015

Deepak Bapu Keluskar Vs. State of Maharashtra through the Secretary to ...

Court: Mumbai

Decided on: Jul-17-2015

Oral Judgment: (S.C. Dharmadhikari, J.) 1. This Writ Petition under Article 226 of the Constitution of India challenges the order passed by the detaining authority dated 29th September 2014 under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the 'COFEPOSA'). 2. This detention order dated 29th September, 2014 at Annexure 'A' alleges that the detaining authority is satisfied that with a view to prevent the detenu in future from smuggling of goods, it is necessary to make the detention order. 3. In the grounds of detention and which run into about 98 paragraphs it is narrated as to how the detenu engaged himself in smuggling activities in an organised manner over a period of more than nine years. That he had established deep links with other members of the smuggling syndicate and therefore, it is required to pass this detention order. 4. Facts necessary to appreciate the grounds on which this order has been assailed are t...


Jul 17 2015

Akshay Shivaji Suryawanshi Vs. State of Maharashtra

Court: Mumbai

Decided on: Jul-17-2015

P.C. 1. This application has been moved for bail as the applicant/ accused is facing charges under sections 376 and 323 of the Indian Penal Code and also under sections 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012 in C.R. No.146 of 2014 at Umbraj police station, Satara. The mother of the prosecutrix is the complainant in this case. The applicant/accused stays near the house of the prosecutrix. On 13.11.0214, when the daughter of the complainant did not return home in the evening, at about 5.30 pm, the complainant and her husband started searching for her. They found their daughter coming out of a sugarcane field, followed by the applicant/accused. At that time, the prosecutrix was looking scared. After questioning her, she told them that at around 5.15 pm, when she took the cattle for grazing, the applicant/accused arrived there and he took her to the sugarcane field and there he assaulted her and raped her. Thereafter, the complaint was lodged on 14.11.2014....


Jul 17 2015

The United India Insurance Company Limited Vs. Snehal Sudhir Wate and ...

Court: Mumbai Nagpur

Decided on: Jul-17-2015

Oral Judgment: 1. Heard learned counsel for the rival parties. 2. This appeal challenges judgment and order dated 22.6.2004 passed by the learned Member, Motor Accident Claims Tribunal, Akola, in MACP No..259 of 2001, whereby the petition filed by claimant viz. Snehal was allowed with proportionate cost, thus: 1. The petition is partly allowed with proportionate cost. 2. The respondent Nos.1 to 3 shall jointly and severally pay an amount of Rs.5,92,775/as compensation, including the no fault liability with interest @ Rs.9 % p.a. from the date of filing of petition till realization of the entire amount. 3. The interest shall be charged after deducting the amount paid to the petitioner as NFL. 4. The payment of amount shall be made as under: (a) A cross cheque of Rs.4,00,000/- be issued in the name of the Banker of the choice of the petitioner for investing the said amount in FDR for a period of 5 years in the name of the petitioner. (b) Another cheque for the remaining amount be issued ...


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