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
Decided on : Jun-25-2014
..... .r sadhanantham vs. arunachalam and anr, air 1980 sc 856 (xi) kishan singh vs. the king emperor, air 1928 pc 54 privy council (xii) state of maharashtra vs. jagan gagansingh nepali, criminal appeal no.20 of 2011. 17. a number of arguments based on the principles of interpretation of statutes have also been advanced by him, and in support thereof, he ..... has placed reliance on the following reported decisions. (i) state of maharashtra vs. jagan gagansingh nepali, 2011(3) bom.c.r. (cri) 790. (ii) state of kerala vs. mathal verghese and ors, air 1987 sc 33 (iii) balaram kumawat vs. union of india (uoi) and ors .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2014
..... of maharashtra “ (2007) (1) bom.c.r. (cri.) 26. vii] state of maharashtra v. rahul ramchandra taru “ criminal appeal no.239 of 2011. viii] state of maharashtra v. jagan gagansingh nepali @ jagya “ criminal appeal no.20 of 2011. 14. the aforesaid judgments relied upon by the learned counsel for the appellant can be classified into two broad categories i.e. scope .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-2014
..... was informed by the superintendent mr. patil to contact mr. s.a. khan and proceed to kalpak estate, antop hill where they would find ajay kumar das @ ajay nepali. accused no.5 ajay nepali was apprehended by the police. p.w. 1 identified all the accused in the court and also identified the articles seized in the course of investigation. he also .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Apr-25-2014
..... of the original information to his immediate official superior or that the same was received by the said superior official. he further submitted that the fact that the accused had nepali features was not recorded by pw8 in the said information reduced in writing and hence the record was incomplete. learned counsel urged that the provision of section 42 of the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-2014
S.C. Dharmadhikari, J. 1] At the outset we feel compelled to make certain observations not only in relation to these two P.I.Ls but in general about such litigation. We have been observing and noting that citizens claiming to be public spirited and concerned with social, environmental, administrative and planning issues approach this Court complaining about either inaction or deliberate act of omission and commission on the part of the executive. The Hon'ble Supreme Court in the case of Ayaaubkhan Noorkhan Pathan V/s. State of Maharashtra and Ors. reported in AIR 2013 Supreme Court 58 held as under: 7. It is a settled legal proposition that a stranger cannot be permitted to meddle in any proceedings, unless he satisfies the Authority/Court, that he falls within the category of aggrieved persons. Only a person who has suffered, or suffers from legal injury can challenge the act/action/order etc. in a court of law. A writ petition under Article 226 of the Constitution is maintainable eit...
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
Decided on : Dec-11-2014
Oral Order: 1. Rule. By consent, Rule made returnable forthwith. 2. By consent, heard finally forthwith. 3. The petitioner had filed a complaint against the respondent Nos.2, 3 and 4 herein, alleging commission of various offences, including the offences punishable under section 406 IPC, 409 IPC, 420 IPC, 448 IPC, 504 IPC read with section 34 of the IPC, in the Court of Judicial Magistrate First Class at Pune. The learned Magistrate after examining the petitioner on oath, postponed the issue of process, and ordered investigation into the matter by the police, as contemplated under section 202 of the Code of Criminal Procedure (for short 'the Code'). After receipt of the report of investigation, the learned Magistrate came to the conclusion that there were not sufficient grounds for proceeding, and therefore, by an order dated 3rd October 2011, dismissed the complaint, as contemplated under section 203 of the Code. The petitioner challenged the order of dismissal of the complaint by fil...
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-2014
Oral Judgment: A.R. Joshi, J. 1) Heard rival arguments on this appeal preferred by the appellantoriginal accused No.2 challenging the judgment and order of conviction in Sessions Case No. 1043 of 2004. 2) The impugned judgment and order was passed by 6th Ad hoc Additional Sessions Judge, City Sessions Court, Sewree Mumbai dated 25th June, 2008. The appellantaccused No.2 was convicted for the offences punishable under Section 302 and also under Section 452 of Indian Penal Code and was sentenced to suffer life imprisonment and one year imprisonment respectively. Also respective fine amounts of Rs.500/ and Rs.100/ were imposed. The substantive sentences were directed to run concurrently. Original accused No.1 was acquitted of the said charges. The State has not preferred any appeal against the acquittal of accused No.1. Being aggrieved by the judgment and order of conviction, appellantaccused No.2 preferred this appeal. 3) The prosecution case, briefly stated, is as under : The incident o...
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-2014
S.C. Dharmadhikari, J. 1. Rule. Respondents waives service. By consent, Rule made returnable forthwith. 2. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner, a practicing advocate prays for the following reliefs:- (a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of India and/or section 66 of the Finance Act, 1994 and/or be pleased to strike down the said provisions as ultra vires, arbitrary and violative of Articles 13, 14, 19(1)(g), 246, 265 and 268A of the Constitution of India. (b) Issue a writ, order of direction in the nature of certiorari or any other writ, order or direction of like nature, quashing section 71(A)(5)(d) of the Finance Act, 2011. (c) Issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, restraining the Respondents themselves, by their servants, ag...
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