Mumbai Court February 2016 Judgments
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Jacob now known as Prajakata Albuquerque Vs. Centaur Hotel Juhu Beach ...
Court: Mumbai
Decided on: Feb-23-2016
P.C. 1. This is an application under Section 482 of the Cr. P.C. seeking to challenge impugned order dated 5th October, 2001 passed by the learned Addl. C.M.M., 21st Court, Bandra, Mumbai issuing process against the present applicant No.1 for the offence punishable under Section 138 of Negotiable Instrument Act, 1881. The brief facts necessary to decide this application are as under : 2. The respondent No.1, complainant had lodged a complaint against the applicant and her husband for offence punishable under Section 138 of N.I. Act, 1881. The case of the respondent No.1-complainant in brief is that the applicant and her husband had occupied one of the rooms of complainant hotel. The husband of the applicant had issued a cheque No.257288 dated 9th July, 2001 for Rs.13 lacs towards part payment of the bill. The said cheque was deposited in the bank and was returned unpaid with endorsement "funds insufficient". The respondent No.1 -complainant issued demand notice and called upon the appl...
Digambar Jain Dharma and Samaj Vikas Trust and Another Vs. Sub Divisio ...
Court: Mumbai Nagpur
Decided on: Feb-23-2016
Oral Judgment: 1. The petitioner is a Public Trust registered under the Bombay Public Trust Act and it owns agricultural land at Mouza Rangaon, Tq. Malkapur, District Buldhana, including Survey No.32/1, Gat No.53, admeasuring 3 hectare and 16R, which is the subject matter of this petition. One Shri Gunnusingh Dhondusingh, resident of Rangaon was the tenant in possession of the land in question, who died in the year 1991. The petitioner Trust filed an application for grant of exemption under Section 129(b) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short "the said Act'), which was allowed on 08.04.1968 and the land in question is included in the said certificate of exemption. The revision application filed by the legal heir was dismissed by the Maharashtra Revenue Tribunal on 23.09.1974 and it attained the finality. 2. After the death of the original tenant Shri Gunnusingh Dhondusingh in the year 1991, the Trust filed an application under Section ...
Re : Lav Chadha and Another Vs. SICOM Limited
Court: Mumbai
Decided on: Feb-23-2016
1. This is a discharge application filed by two Insolvents, who are senior citizens and who claim that they have continued to be undischarged insolvents for more than 9 years; that their assets have been fully adminsitered; and that it is time that they be relieved of the stigma that comes with insolvency in the last few years of their life. The application is under Section 38 of the Presidency-Towns Insolvency Act ( Act ). 2. The Applicants' case, briefly, stated is this: The Applicants are both senior citizens, Applicant No.1 being of 65 years and Applicant No.2, 61 years. The Applicants have been first generation entrepreneurs with technical and managerial background, Applicant No.1 being a management graduate with experience in multi-national companies and Applicant No.2 being an engineering graduate with technical experience. In the year 1978, the Applicants started a small scale textile manufacturing unit, which had to be closed down at the time of the infamous textile strike led...
Akash Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-23-2016
V.M. Deshpande, J. 1. Criminal appeal No.307/13 is filed by original accused No.1 Akash Jagdish Kakanya. Criminal Appeal No.322/13 is filed by original accused Sidharth Shankar Janbandhu. The appellants will be referred in the present judgment by their original position. 2. The accused persons are before this Court in view of their conviction for the offence punishable under Section 302 read with Section 34 of Indian Penal Code by the Additional Sessions Judge-12, Nagpur, in S.T. No.417/12. By the said judgment, after recording a finding of guilt against the accused persons, the learned Judge of the Court below sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/-, in default of payment of fine to suffer simple imprisonment for three months. Though both the accused are acquitted of the offences punishable under Sections 323 and 506(ii) read with Section 34 of Indian Penal Code, State has chosen not to prefer any appeal. 3. Prosecution case, as u...
Balasaheb Kondaji Kedar Vs. Nashik Merchants' Co. Op. Bank Ltd. and An ...
Court: Mumbai
Decided on: Feb-23-2016
P.C. 1. This petition challenges the order dated 3rd August, 2011 passed by the trial Court, rejecting the petitioner's application for referring the cheque, in question, to handwriting expert for his opinion. The petitioner is the accused in the proceedings filed under Section 138 of Negotiable Instruments Act. The order of the trial Court has been confirmed by the Sessions Court by it's order dated 1st March, 2013. 2. The present petition was filed on 1st April, 2013. As the petitioner was negligent in attending to the same, by the order dated 26th August, 2014, it was dismissed for want of prosecution. Thereafter, the petitioner moved Criminal Application No.425 of 2013 for it's restoration and by the order dated 6th January, 2014, the same was restored to file. The petition was dismissed for the second time on 2nd July, 2014 and restored for the second time by the order dated 12th February, 2016. Thereafter, notice was issued to respondent No.1 and after service of notice, the same...
Vidarbha Maharogi Seva Mandal Vs. The Member, Maharashtra Revenue Trib ...
Court: Mumbai Nagpur
Decided on: Feb-23-2016
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The petitioner-Trust had filed an application under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short the said Act ), for recovery of possession on 15-6-2001, which was allowed by an order dated 9-5-2003 passed by the Tahsildar. The appeal preferred against it was dismissed on 17-6-2003. The Maharashtra Revenue Tribunal, in revision under Section 111 of the said Act, has set aside the decisions given by the lower authorities, and the application filed under Section 120(c) of the said Act for eviction and possession by the petitioner-Trust, has been dismissed. Hence, the Trust is before this Court in this petition. 3. The undisputed factual position in Writ Petition No.5383 of 2014 is that one Bhagwansingh and his wife Badamibai were the tenants in personal cultivation of the land bearing Survey No.83 and Gat No.203/B, w...
Dumya @ Lakhan @ Inamdar Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-23-2016
1. All the appellants in present five appeals were convicted by the learned Special Judge under the Maharashtra Control of Organised Crime Act, 1999 (for short, "MCOC Act"), Aurangabad in Special Case No.10 of 2009, by judgment and order dated 31st July, 2014, for the offences punishable under section 395 r/w. Section 120-B of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a period of 10 years. 2. Original accused no.1 - Kiran, who is appellant in Criminal Appeal No.592 of 2014, original accused no.2 - Suresh, who is appellant no.2 in Criminal Appeal No.745 of 2014, original accused no.4 - Dumya alias Lakhan alias Inamdar Bhosale, who is appellant in Criminal Appeal No.583 of 2014 and original accused no.5 - Santosh, who is appellant in Criminal Appeal No.24 of 2015, were convicted for the offence punishable under section 3(1)(ii) of the MCOC Act r/w section 120B of the Indian Penal Code. Each of them were sentenced to suffer rigorous imprisonment for a pe...
Narendra Vs. Tulsabai and Others
Court: Mumbai Nagpur
Decided on: Feb-23-2016
1. Being aggrieved by judgment and order dated 29.01.2014 passed in Regular Civil Appeal No.54/2005, passed by District Judge-1, Pandharkawda, thereby confirming judgment and order dated 20.04.2005 in Regular Civil Suit No.140/2000, passed by Jt. Civil Judge (Junior Division), Wani by which the suit filed by the appellant-plaintiff was dismissed and the counter claim was partly decreed directing delivery of possession of the suit property to the defendants, the present appeal has been filed by the unsuccessful plaintiff. FACTS: 2. The plaintiff-appellant filed a suit for specific performance of contract in respect of field survey No.77/1 area 1.81 HR owned by deceased Bapurao istari Parshive, Rajeshwar and Vitthal Bapurao Parshive. The deceased Rajeshwar and Vitthal were the sons of the deceased Bapurao. According to the plaintiff, by agreement dated 14.02.1986, all the three, Bapurao, Rajeshwar and Vitthal had agreed to sell the suit land to the plaintiff for Rs.45,000/- and he had pa...
Subhash @ Sopan Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-22-2016
Oral Judgment: (V.M. Deshpande, J.) 1. By the present appeal, the appellant Subhash @ Sopan Pralhad Gawande, who is sentenced to suffer life imprisonment, as awarded to him by the learned Ad-hoc Additional Sessions Judge1, Buldana, Camp at Malkapur in Sessions Case No.63/2012 (Old S.T. No.5/2012), after holding him guilty for committing the offence punishable under Section 302 of the Indian Penal Code, is before this Court. 2. Shivaji Bhatu Ahire (PW-8) a probationary Police Sub Inspector was present at Nandura Police Station on 4.11.2011. That time, Sudhir Gawande (PW-1) came to Police Station and lodged his oral report (Exh.25). As per the said report, though he resides at Nashik in view of his service, for the purpose of Diwali, he had been to his village Mamulwadi. On 4.11.2011, he heard the noise and commotion. Therefore, he rushed towards the place of incident to notice that his uncle Murlidhar Dnyandeo Gawande lying in a pool of blood and Subhash @ Pralhad Gawande, the appellant...
Sheikh Lal Hiraji Bagwan Dead Through LRs. Vs. Buldana Urban Coop. Cre ...
Court: Mumbai Nagpur
Decided on: Feb-22-2016
Oral Judgment: 1. Being aggrieved by the judgment and order dated 2nd March, 2013 made by the Principal Sessions Judge, Buldana in Criminal Appeal No.17/2008 dismissing the Appeal, thereby confirming the judgment and order dated 24th June, 2008 of the Judicial Magistrate, First Class, Court No.3, Buldana, in Summary Complaint Case No.1573/2005, by which the revision applicant/accused was sentenced to suffer simple imprisonment for a period of six months and to pay a fine of Rs.1,40,000/-, the instant Revision Application was filed by the original accused/ applicant. 2. In support of the Application, Mr. A.J. Thakkar, learned counsel for the applicant/accused submitted that the Courts below have committed error in convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act (henceforth abbreviated to 'N.I. Act'), in the absence of any legal liability or legally enforceable liability. According to him, the blank cheque given by the applicant was...
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