Court : Mumbai Nagpur
C.V. Bhadang, J. 1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties. 2. This appeal is filed by the original accused Narendra Singh @ Dallu Sardar challenging the order dated 10.1.2014 passed by the learned Special Court in Special Criminal Case No.5/2013. By the impugned order, the learned Special Judge has dismissed the application Exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act for short). 3. The facts necessary for the disposal of the appeal may be stated thus: That, now deceased Suraj Yadav was a property dealer at Nagpur and had established a name in the business. According to the prosecution, the appellant is also dealing in property business and is running a Organised Crime Syndicate within the meaning of the act, along with his associates. The appellant was not happy with the influence of the deceased in the business and wanted to estab...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment : 1. This appeal is preferred against the judgment and order dated 1.11.2007 delivered in Sessions Trial No.109 of 2006. 2. Briefly stated, the prosecution case against the appellant is as under : On the basis of complaint lodged against the present applicant and 15 other persons at about 14.45 hours of 19.11.2005 by one Fulchand Patil, offences punishable under Sections 143, 504, 506 read with Section 149 Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Atrocities Act) were registered by Police Station Ural, District Akola. It was alleged by the complainant that there was a Gram Sabha at village Andura on 19.11.2005 at about 11.00 a.m. and when the meeting started, the appellant together with other accused persons formed an unlawful assembly and abused the complainant on his caste and intentionally insulted him by abusing him and also questioning his status and capacity to occupy a ...
Tag this Judgment!Court : Mumbai Nagpur
A.P. Lavande, J. 1] Confirmation Case No. 2/12 and Criminal Appeal No. 376/12 are being disposed of by common judgment since they arise out of judgment and order dated 30.5.2012 passed by Adhoc Additional Sessions Judge1, Nagpur in Sessions Trial No. 461/11 by which the appellant in Criminal Appeal No. 376/12 (hereinafter referred to as the accused) has been convicted for the offence punishable under Sections 302 and 309 of Indian Penal Code and sentenced to death and to pay a fine of Rs.3,00,000/- (Three Lakhs) and in default to suffer R.I. for five years for the offence punishable under Section 302 of Indian Penal Code and to suffer R.I. for one year and to pay a fine of Rs.500/, in default to suffer S.I. for one month for the offence punishable under Section 309 of Indian Penal Code. Out of the fine amount if recovered, amount of Rs.2,50,000/- was ordered to be forwarded to the District Legal Aid Committee and Rs.50,000/to State of Maharashtra. 2] Briefly, the case of the prosecutio...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (Smt. Vasanti A. Naik, J.) 1. Heard. 2. By this Family Court Appeal, the appellant-husband challenges the judgment of the Family Court, Nagpur, dated 21.01.2010, dismissing a Hindu Marriage Petition filed by the husband for a decree of divorce on the ground of cruelty and desertion. 3. Few facts giving rise to the Family Court Appeal are stated thus - The appellant-husband had filed a petition against the wife for dissolution of marriage under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 in the Family Court at Nagpur. The marriage between the parties was solemnized at Ballarpur on 26.11.1992 as per the Buddhist rites and custom. After the time of the marriage, the husband was residing at Indora, Nagpur along with his parents and his three unmarried sisters. According to the husband, the wife behaved properly with the husband for some time after the marriage and then started misbehaving with him and his family members. It is pleaded that the wife used to qua...
Tag this Judgment!Court : Mumbai Nagpur
1. This revision application has been filed to seek copies of the record of C.A. No.U-3733/ E-122 R.No.122 dated 4-4-2016, which, according to the applicant, was filed in Criminal Application (APPP) No.1081 of 2015 by the office of the Government Pleader. Normally, the application would either be allowed or dismissed for the reasons to be stated in the order to be passed. There would also not be any objection for the Court if the applicant wanted to withdraw the revision application. This could have been permitted by this Court if it had been a simple revision application without making any serious allegations assailing the record of this Court and without mud-slinging the sitting Judges and the officers of this Court. The revision application along with the documents and pursis on record contain all sorts of wild allegations amounting to scurrilous attack on the sitting Judges, the officers of this Court, including the Government Pleader, and the record of this Court. Such allegations...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (V.M. Deshpande, J.) 1. These two appellants are before this Court since they are aggrieved by the judgment and order of conviction, dated 3rd of April, 2014, passed by the Additional Sessions Judge - 4, Nagpur in Session Trial No.548 of 2009. By the said judgment, the appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and they were directed to suffer imprisonment for life and also to pay a fine of Rs.1000/- by each of them and in default of payment of fine to suffer simple imprisonment for three months. 2. The prosecution case which was unfurled during the course of the trial is stated herein under :- The Criminal Law was set into motion on 9th of August, 2009 by Smt.Sk.Jamila wd/o Sk.Abid, first informant, by lodging her report at Exh.62. When first informant had been to Police Station Lakadganj that time Pandurang Rangari, A.S.I., (PW 8) was on duty as a Night Officer. He registered the Crime vide Crime ...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (P.V. Hardas, J.) The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs.1000/-, in default of which to undergo further imprisonment for six months, by the Additional Sessions Judge-3, Nagpur by judgment dated 25.1.2008 in Sessions Trial No.101/2000, by this appeal questions the correctness of his conviction and sentence. 2. Facts as are necessary for the decision of the appeal may briefly be stated thus :- PW. 8 PSI Sheshrao Sadhankar, who was attached to Police Station, Kamptee on 2.11.1999, recorded the oral report of PW.1 Keshao at Exh. 37. On the basis of the report of PW.1 Keshao at Exh.37, he registered an offence vide Crime No.361/99, under Section 302 of the Indian Penal Code. The printed FIR is at Exh. 38. The inquest panchnama of the dead body of deceased Gangadhar was drawn in the presence of panchas at Exh. 20. Thereafter, PW.8 PSI Sadhankar proce...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (B.R. Gavai, J.) 1. By these petitions, the petitioners have approached this Court challenging validity of the Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 (hereinafter referred to as œthe Act?) being unconstitutional. The petitioners have, in the alternative, prayed for striking down Sections 3, 4, 5, 7, 8, 12, 16, 18, 19, 20 and 24 of the Act. 2. The facts giving rise to the present petitions, in brief, are as under : The petitioner M/s. Shivraj Fine Art Litho Works, which is a partnership firm, was constituted originally by eight partners. Since dispute arose between the partners, the partnership firm came to be dissolved in January 1974. A suit for dissolution of partnership and for accounts was filed in 1974 being Special Civil Suit No.9/1974, which is pending before the competent Civil Court. In the said suit, Receivers came to be appointed from time to time in respect of properties of the partnership firm. The partnership ...
Tag this Judgment!Court : Mumbai Nagpur
V.M. Deshpande, J. 1. On reference being made by learned Additional Sessions Judge, Washim, the present Confirmation Case bearing Criminal Confirmation Case No.1/2014 arises for confirming the capital punishment awarded by learned Addl. Sessions Judge, Washim in Sessions Trial No.51/2012 to condemned prisonerRamesh Jijeba Lahane. Ramesh Lahane has also independently challenged the said judgment by presenting Criminal Appeal No.301/2014. According to him, not only the capital punishment is excessive but the very finding of the learned Judge of the Court below holding him guilty of committing murder of Vishwanath Lahane, is unsustainable. (I) FACTUAL MATRIX The prosecution case as it is unfolded during the course of the trial, is narrated as below:- Namdeo Wamnrao Rathod (PW 10) on 11.2.2012 was discharging his duties as Police Station Officer of Police Station, Washim (Rural). On 11.2.2012 Atmaram Ukanda Kalbande, Police Patil of village Zakalwadi came to Police Station, Washim (Rural)....
Tag this Judgment!Court : Mumbai Nagpur
1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties. 2. By this petition, the petitioner has that the impugned Award dt.14.2.2014 be quashed and set aside whereby the action of the management of the State Bank of India through its Assistant General Manager, Region VI (Disciplinary Authority) and Deputy General Manager (Appellate Authority) in terminating the services of the workman namely Shri P.C.Mahadole w.e.f. 15.9.2005 was held as illegal and unjustified. The punishment of dismissal from service without notice imposed against the workman was quashed and set aside by the impugned order and the workman was held entitled for reinstatement in service with continuity and also to 25 % backwages from the date of his dismissal from service till the date of his actual reinstatement in service and with all other consequential service benefits. The petitioners were directed to implement the Award within one month from the date of noti...
Tag this Judgment!