Court : Mumbai
Decided on : Apr-16-2014
Oral Judgment: (A.S. Gadkari, J.) 1. The appellant-original accused no.1 by the present appeal has questioned the correctness of the judgment and order dated 22 February 2005 passed by the learned Ad-Hoc Additional Sessions Judge, Raigad in Sessions Case No.239 of 2003, thereby convicting him for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.1000/-, in default of payment of fine, to suffer simple imprisonment for one month. The appellant has been further convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.1000/- in default of payment of fine to suffer simple imprisonment for one month. It has further been ordered that both the substantive sentences to run concurrently. The appellant along with original accused no.2 Smt.Ramibai Janu Khadme i.e. the mother of the appellant were charged with offence punishable ...
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-20-2014
Oral Judgment Smt. V.K. Tahilramani, J. 1 The appellant-original accused has preferred this appeal against the judgment and order dated 28.11.2011 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.490 of 2008. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and fine of Rs.2000/-, in default RI for 3 months. 2 The prosecution case briefly stated, is as under: (i) The deceased Govind alias Rajesh Thapa was the husband of Nirmala. He along with his wife and two children were residing at Indrayani Darshan Colony, Dehu Road, District-Pune. Deceased Govind was serving as wireman in Military Engineering Services, Dehu Road. Appellant was the brother of deceased Govind. Appellant was jobless and was addicted to liquor. (ii) The incident had taken place on 3.4.2008. Deceased Govind came home at about 10 p.m. After completing dinner, Govind went out of his house as usu...
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 : Jul-09-2014
1. This is a suit filed for anti-suit injunction restraining the Defendants from proceeding before the Commercial Court in England in respect of the claim filed by them against the Plaintiff herein, being Claim No.2013 Folio 1380. The Notice of Motion seeks an interim order of injunction in the same terms. 2 The Plaintiff is a proprietorship concern engaged in the business of selling and marketing medical products. Defendant No.1 is a company incorporated in England having its registered office at Ashford, Kent. Defendant No.1 is engaged in the business of manufacturing and production of pharmaceutical and medicinal preparations. Defendant No.2 is an Indian company, said to be a subsidiary of Defendant No.1. 3 By an Exclusive Distribution Agreement dated 16 May 2011 (EDA), the Plaintiff was appointed as an Exclusive Distributor for resale of the products of Defendant No.1 in a defined territory, namely, India, Nepal, Bhutan and Maldives. The Plaintiff was to import and distribute the p...
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-31-2014
1. The Appeals arise out of Judgment of conviction passed against the Appellants-accused (hereafter referred as accused- with numbers as given to them in the trial Court and mentioned above in the cause title) by 4th Additional Sessions Judge, Beed, in Sessions Case No.76 of 1999, on 18th January 2000. The 13 accused were convicted for offence under Section 365 read with 34 of the Indian Penal Code, 1860 (for short I.P.C.). Additionally accused No.13 was convicted for offence under Section 368 of I.P.C. However, trial Court passed order of acquittal of accused Nos. 1 to 13 of offence punishable under Section 363, 364-A read with 34 of I.P.C. For offence under Section 365 of I.P.C. the sentence imposed was of simple imprisonment for three years and fine of Rs.1500/-, in default to suffer simple imprisonment for one year. For offence under Section 368 of I.P.C., sentence imposed was simple imprisonment for three years and a fine of Rs.1500/-, in default to suffer simple imprisonment for ...
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 : 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...
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 : 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...
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