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
Decided on : Mar-05-2014
A.S. Gadkari, J. 1. The Appellant, original accused, has questioned the correctness of his conviction and sentence by the present Appeal, thereby challenging the judgment and order dated 19 April 2008 passed by the Additional Sessions Judge, Thane in Sessions Case No.379 of 2006, convicting the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/-, in default of fine, to undergo rigorous imprisonment for two years. The facts which emerged from the record and which can be summarized briefly be stated thus: (a) P.W.9 Mira Bhoite heard some commotion outside her house at about 6.30 a.m. on 17 July 2006 and when she opened the door, she saw that Lata was shouting for help and calling her mother. She further saw that Lata was lying on the road. P.W.9 Mira noticed that Lata was in injured condition. P.W.9 Mira thereafter went to see Lata near the spot. At that time Lata was calling Mu...
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 : 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 Aurangabad
Decided on : Dec-24-2014
S.S. Shinde, J. 1. This Appeal is filed by the State, challenging the Judgment and Order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jalgaon in Sessions Case No. 124 of 1992, thereby acquitting the accused for the offence punishable under Section 302 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: The case of the prosecution is that the deceased [a deserted married woman] was residing with her parents at Fekari. The parents of deceased agreed to purchase a house and earnest amount Rs.2,000/- was paid. But sale deed was not executed. Accused are related to both purchaser and seller. A serious dispute arose in between deceased and her family members and accused. Due to this, accused on 14.08.1991 around 2.30 set the deceased on fire resulting in her death. She was taken to Hospital by her grandmother and other relatives. She died on 15.08.1991. Two dying declarations were recorded; one by Police Head Constable and other by E...
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 Aurangabad
Decided on : Dec-19-2014
S.S. Shinde, J. 1. This appeal is filed by the State of Maharashtra, aggrieved by judgment and order passed by the 3rd Additional Sessions Judge, Nanded on 30th August, 1995, thereby acquitting the Respondents for the offence punishable under section 307 r/w 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: (i) That, the complainant Vandanabai w/o Satyanarayan Thakur is the resident of Gadipura, Renuka Mandir, Nanded. Vandana has two sons namely Dhanraj and Dhanprakash. She has one daughter by name Rajkumari. Vandana's husband Satyanarayan is electrician by profession and does the work of repair of fans and electric motors. At the time of incident, Vandana was residing with her husband and children in the house in Gadipura area. Satyanarayan has two married sisters namely Vimalbai and Karunabai. (ii) Accused and complainant Vandana at the relevant time were residing in the same Wada situated at Gadipura. Accused Nos.2, 4, 5 and 6 are the sons of accuse...
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 : 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
Decided on : Aug-28-2014
Oral Judgment: (S.J. Vazifdar, J.) 1. Admit. With the consent of the parties, the appeal is taken up for final hearing. 2. This is an appeal against the order of the learned single Judge granting the appellant (original defendant) leave to defend the suit filed by the respondent subject to its depositing the rupee equivalent to Euros 11,37,866.30 at the rate as may be applicable on the date of such deposit within eight weeks. 3. The respondent raised indents upon the appellant for supply of certain goods on the terms and conditions contained therein. The same were accepted by the appellant. The documents were to be sent through the respondent's bankers being Dresdner Bank AG to the appellant's bankers being Union Bank of India. Pursuant thereto, the respondent manufactured and supplied the material. The documents were forwarded by the respondent through its bankers being Dresdner Bank AG to the appellant's bankers being Union Bank of India. The documents included the invoices. 4. There...
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