Court : Mumbai Nagpur
Decided on : Sep-22-2014
..... of section 2 (e) of the mcoc act in particular fell for consideration of full bench of this court in the case of state of maharashtra...versus...jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961. the reference to the larger bench arose on account of difference of opinion between two division benches ..... act would not stand attracted. the learned counsel also placed reliance on a full bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, 2011 all mr (cri) 2961 in support of the submission that the prosecution is obliged to establish the prior existence of an organised crime ..... the offence contemplated under the said act. reliance is then placed on the division bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961 in order to submit that mere allegations about filing of more than one chargesheets, in respect of .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-28-2014
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
Decided on : Feb-26-2014
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
Decided on : Dec-08-2014
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
Decided on : Oct-14-2014
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!Court : Mumbai Nagpur
Decided on : Dec-20-2014
A.B. Chaudhari, J. 1. Writ Petition No. 2296/1998 was called out for hearing on 10.11.2014 and none remained present for the petitioner while Mr. S. C. Mehadia, Advocate represented respondent-WCL. The question arising in the petition being of substantial importance, this Court decided writ petition on merit and dismissed it on 10.11.2014 itself, but reasons were to follow. Thereafter, it was brought to our notice that Writ Petition Nos.1181/1997, 1190/1997 and 2249/1998, in which same question is involved, are also pending for final hearing. Therefore, we decided to hear these three writ petitions and then record our reasons for deciding all these cases together. Accordingly, Mr. P. D. Meghe and Mr. B. Lahiri, Advocates for the petitioners, were heard in these three writ petitions on 11.12.2014. 2. In Writ Petition Nos.2296/1998 and 2249/1998, the petitioner-Lal Zenda Coal Mines Mazdoor Union (CITU) and its General Secretary Mohd. Tajuddin s/o Late Mohd. Haneef-petitioner no.2 had, ch...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-27-2014
1. This Appeal under Section 72 (4) of the Bombay Public Trusts Act, 1950 (now 'Maharashtra Act' instead of Bombay Act) is arising from the Judgment and order dated 10-08-2009 passed by the District Judge, Nagpur rejecting Change Report and Regular Civil Appeal No. 5 of 2009. 2. Heard the submissions at the bar. 3. This second appeal was admitted on 15-06-2012 by this Court on the following substantial questions of law:- i) Could the finding recorded by the Joint charity Commissioner and then confirmed by the District Judge upholding disqualification of the Members admitted to the Trust as was held by the Assistant Charity Commissioner is the result of the misinterpretation of clause (6) of the scheme of the Trust and thus, the finding of the Courts below is wholly unwarranted and unsustainable in law? ii) Whether the learned District Judge and Learned Joint commissioner were right in upholding the finding that the members of the Trust were rightly disqualified when the opportunity of ...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Nov-20-2014
A.B. Chaudhari, J. 1. Rule. Rule returnable forthwith. Heard finally by consent of learned counsel for the petitioners. 2. By the present petition, the petitioner-Indian Railways have put to challenge the judgment and order dated 28.01.2014 passed by Central Administrative Tribunal, Circuit Bench, Nagpur, in O.A. No.2094/2006, which made an order for grant of pension to the two widows of the deceased railway employee in equal share. In support of the writ petition, Mr. Lambat, learned counsel for the petitioners, submitted that the tribunal committed error in making the impugned order particularly when the marriage of the second wife/widow of the deceased railway employee was clearly illegal and in violation of Section 11 of the Hindu Marriage Act being the second marriage during the lifetime of the first wife, who was not divorced. He, therefore, submitted that in the wake of void marriage of the second wife/widow, the tribunal could not have made an order, contrary to the law. He, th...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-11-2014
Oral Judgment: 1. Admit. Taken up for final hearing with the consent of the learned counsel for rival parties. 2. Being aggrieved by judgment and decree dated 29.11.2008 passed by Ad-hoc District Judge-1, Nagpur holding that notice under section 164 of the Maharashtra Cooperative Societies Act,1960 (in short the "MCS Act") was not necessary before instituting a suit, Regular Civil Suit No.354/2004 and thereby reversing the judgment and decree passed by the trial Court in Regular Civil Appeal No.502/2007, the present Appeal has been filed by original defendant no.11- Shilpa Cooperative Housing Society. FACTS:- 3. The respondents/plaintiffs filed suit for declaration that they are owners of the suit land having 1/7th share each and that the sale deed dated 16.12.1987 executed in favour of the defendant no.11-appellant-society is illegal and void ab initio and they were entitled to partition. They also claimed relief of injunction regarding construction activity etc. It is the case of the...
Tag this Judgment!