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 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 : 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 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 : 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 : Jan-24-2014
Oral Judgment: 1. This appeal is filed against the judgment and order of Sessions Case No.15/2009 which was pending in the Sessions Court, North Goa, Panaji. The Learned Additional Sessions Judge, Panaji has convicted and sentenced the appellant for the offences punishable under sections 376 and 506 of I.P.C. The maximum sentence of imprisonment given is 10 years. Both sides are heard. 2. In short, the facts leading to the institution of this appeal can be stated as follows: At the relevant time, the prosecutrix was 60 years of age. She was unemployed lady and she was not having her own shelter. She was leaving in Panaji Municipal market. She used to do petty work of fish vendors and shop owners to earn her livelihood and she used to sleep on the platform in the fish market. 3. The incident took place on the night between 27/12/2008 and 28/12/2008 when the prosecutrix was sleeping in the fish market after midnight. The accused came there and he removed the blanket which was taken for c...
Tag this Judgment!Court : Mumbai
Decided on : Jan-29-2014
Oral Judgment: (P.V. Hardas, J.) The Appellant / original accused No.1 who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months, by the Sessions Judge, Sindhudurg, Oros, by judgment dated 17 December 2007, in Sessions Case No. 21 of 2007, by this Appeal questions the correctness of his conviction and sentence. 2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus: P.W. 11 Police Constable Nandkumar Gosavi who on 1 April 2007 was attached to Malwan Police Station, recorded the report of P.W. 1 Chandrakala at Exhibit 26. On the basis of the said report, he registered an offence against the accused and forwarded the papers to Police Station, Achara for further investigation. 3. P.W. 12 P.S.I. Krishna Kalantre, who was attached to Police Station, Achara, had received the papers from P.W. 11 P...
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-31-2014
The appeal is filed against Judgment and order of Special Case No.66/2010, which was pending in the Children's Court created for the State for Goa at Panaji-Goa. The appellant is convicted for the offence punishable under section 354 I.P.C. and he is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.10,000/-. He is also convicted for offence punishable under section 8 (2) of the Goa Children's Act, 2003 and he is sentenced to suffer rigorous imprisonment of six months and to pay fine of Rs.10,000/-. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be said as follows: The offence is committed against a girl child who was aged about 4 years at the relevant time. The accused was aged about 29 years and he was a married man. The father of the girl child was working as a security guard in campus known as œTropical Estate Private Ltd? at Morod, Sangolda and this complex is situated within the local jurisdiction o...
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-26-2014
Mrs. Roshan Dalvi, J. 1. Rule. Made returnable forthwith. The petitioners have filed Petition No.403 of 2007 challenging the construction of a hotel by Respondent No.6 upon permission granted by respondent No.2 under orders dated 31st July, 1995, 8th October, 1998, 1st September, 2001 and 17th September, 2005 in respect of a specific plan dated 31st May, 1995 and the renewals thereto. Upon the prayer of quashing of these orders the petitioners require directions against respondent Nos. 6 and 7 to restore the original nature of the land upon which they have constructed the hotel in the Coastal Regulation Zone (CRZ). 2. Upon having seen that the hotel premises has been constructed in the No Development Zone (NDZ) of the CRZ without the approval of the Ministry of Environment and Forests (MEF), which is mandatorily required, the petitioners have filed Petition No. 659 of 2010 for quashing the NOCs of respondent No.4 dated 16th September, 2008, 5th July, 2010 and 6th July, 2010 and constru...
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 ...
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