Court : Mumbai
Decided on : May-06-2016
A.S. Oka, J. 1. As per the administrative order dated 17th November 2015 passed by the Hon'ble the Acting Chief Justice, this group of Petitions has been specifically assigned to this specially constituted Bench. OVERVIEW 2. The challenge in this group of Petitions is to various provisions of the Maharashtra Animal Preservation Act, 1976 (for short Animal Preservation Act ) as amended by the Maharashtra Animal Preservation(Amendment)Act,1995 (for short the Amendment Act ). The Amendment Act received the assent of the Hon'ble President of India on 4th March 2015. By the Amendment Act, in addition to existing prohibition on the slaughter of cows, a complete prohibition was imposed on slaughter of bulls and bullocks in the State. A ban was imposed on possessing the flesh of cow, bull or bullock slaughtered within and outside the State. Moreover, by introducing Section 9B, at the trial of certain offences, a negative burden was put on the accused. 3. Before we deal with the facts of each P...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-06-2016
1. This revision application has been filed to seek copies of the record of C.A. No.U-3733/ E-122 R.No.122 dated 4-4-2016, which, according to the applicant, was filed in Criminal Application (APPP) No.1081 of 2015 by the office of the Government Pleader. Normally, the application would either be allowed or dismissed for the reasons to be stated in the order to be passed. There would also not be any objection for the Court if the applicant wanted to withdraw the revision application. This could have been permitted by this Court if it had been a simple revision application without making any serious allegations assailing the record of this Court and without mud-slinging the sitting Judges and the officers of this Court. The revision application along with the documents and pursis on record contain all sorts of wild allegations amounting to scurrilous attack on the sitting Judges, the officers of this Court, including the Government Pleader, and the record of this Court. Such allegations...
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jun-07-2016
S.S. Shinde, J. 1. This Petition takes exception to the impugned judgment and order dated 8th May, 2013, passed by the Central Administrative Tribunal, Bombay Bench at Mumbai [for short 'CAT'] in Original application No.217/2013. There is also prayer for quashing and setting aside the order of termination of the services of the petitioner issued by the Commissioner of Kendriya Vidyalaya Sanghatan, New Delhi. Further direction is sought to the respondents to reinstate the petitioner in the employment. It is further prayed to hold and declare that Article 81 [B] of the Education Code for Kendriya Vidyalaya, is ultra vires to Article 14 of the constitution of India. 2. The CAT has extensively referred the facts of the case in the impugned judgment, and therefore, we do not feel it necessary to reproduce the said facts; as and when it is necessary we will make a reference to the relevant facts from the impugned judgment. 3. The learned counsel appearing for the petitioner submits that the ...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-07-2016
V.M. Deshpande, J. 1. Felt aggrieved by the judgment and order of conviction passed in Sessions Trial No.4/2009 by which the learned Ad hoc Additional Sessions Judge-3, Nagpur convicted the appellant, he is before this Court in this appeal. 2. By the impugned order of conviction, the appellant is directed to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default to suffer rigorous imprisonment for one year for the offence under Section 302 of the IPC. He is also convicted for the offence punishable under Section 377 of the Indian Penal Code and on that count, he was directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2,000/- and in default to suffer rigorous imprisonment for four months. 3. The facts, giving rise to the present appeal, are stated hereunder:- Mohan Makde (PW4) is the Sarpancha of village Welgaon. On 13.08.2008, when he was available at his house, some boys from the village had come to him at 12.30 noon. They inform...
Tag this Judgment!Court : Mumbai
Decided on : Jun-13-2016
Oral Judgment: (S.C. Dharmadhikari, J.) 1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith. 2. By this petition under Article 226 of the Constitution of India, the petitioners seek a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the record of the decision Annexure I-4 to the writ petition and after scrutinising the legality, validity and correctness thereof to quash and set aside the same. The next relief is that of issuance of a writ of mandamus or a writ, order or direction in the nature thereof, directing respondent No.1 to forthwith and/or in such time as this court deems fit and proper to issue in favour of the petitioners a certificate styled as "A" certificate in respect of the film "Udta Punjab", without the same being subjected to any of the cuts/conditions set out in the said decision. 3. This writ petition was placed before us on 8th June, 2016. It was adjourned to 9th Jun...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-30-2016
Oral Judgment: (V.M. Deshpande, J.) 1. These two appellants are before this Court since they are aggrieved by the judgment and order of conviction, dated 3rd of April, 2014, passed by the Additional Sessions Judge - 4, Nagpur in Session Trial No.548 of 2009. By the said judgment, the appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and they were directed to suffer imprisonment for life and also to pay a fine of Rs.1000/- by each of them and in default of payment of fine to suffer simple imprisonment for three months. 2. The prosecution case which was unfurled during the course of the trial is stated herein under :- The Criminal Law was set into motion on 9th of August, 2009 by Smt.Sk.Jamila wd/o Sk.Abid, first informant, by lodging her report at Exh.62. When first informant had been to Police Station Lakadganj that time Pandurang Rangari, A.S.I., (PW 8) was on duty as a Night Officer. He registered the Crime vide Crime ...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jul-07-2016
Oral Judgment: (V.M. Deshpande, J.) 1. Being aggrieved by the judgment and order of conviction passed by the learned Sessions Judge, Gadchiroli, convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code in Session Case No.84 of 2012 on 20th of January, 2014 and sentencing him for life imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to undergo simple imprisonment for one month, the appellant is before this Court. 2. The prosecution case, as it is unfurled during the course of trial, is as under - When Bapuji Sayam (PW 10), Head Constable, attached to Police Station Chamorshi was discharging his station diary duty on 22nd of May, 2012, the appellant came in the Police Station and gave oral report. The said oral report was reduced into writing and it is at Exh.44. Shri Sayam registered an accidental death vide A.D.No.25 of 2012. The gist of the said oral report of appellant is that his second wife deceased Mamta committed ...
Tag this Judgment!Court : Mumbai
Decided on : Jul-27-2016
Anuja Prabhudessai, J. 1. The appellants in Criminal Appeal No.765 of 2009 were the accused nos.1, 2, 3, whereas the appellants in Criminal Appeal No.753 of 2009 were accused nos.4 to 12 in Sessions Case No.168 of 2009 on the file of the Addl. Sessions Judge, Solapur (hereinafter referred to as accused, as arrayed before the trial court). 2. The accused were tried for the offences under Section 143, 147, 148, 302, 307, 324, 336, 337, 435, 427 r/w. 149 of the I.P.C. and under Section 135 of the Bombay Police Act, and Section 3, 25 of Arms Act and Section 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. By the impugned judgment dated 25.5.2009 the learned Adhoc Addl. Sessions Judge acquitted the accused for the offences under Sections 307, 324, r/w. 149 of IPC, 3, 25, 135 of Bombay Police Act and 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 and held the accused guilty of offence u...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jul-27-2016
Oral Judgment: (V.M. Deshpande, J.) 1. Being aggrieved by the judgment and order of conviction passed by the learned Additional Sessions Judge-9, Nagpur, dated 20th of March, 2014, in Session Trial No.41 of 2012, the appellants are before this Court. The appellant no.1 was accused no.1 before the Court below whereas the appellant nos.2 and 3 were accused nos.2 and 3, respectively, during the trial. They will be referred by their original position in the present judgment. By the impugned judgment, the accused no.1 was convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/- and in default of payment of fine to undergo further rigorous imprisonment for six months. Accused nos.2 and 3 though acquitted of the offence punishable under Section 302 read with Section 109 of the Indian Penal Code, stood convicted for the offence punishable under Section 201 read ...
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-12-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The Mahatma Phule Agriculture University, Rahuri, District Ahmednagar has preferred one group of Writ Petitions and the identically placed Respondents/Daily Wage Employees in the said petitions have also filed the second group of Writ Petitions wherein the Agriculture University is the Respondent. For the sake of brevity, the Agriculture University in these matters shall be referred to as the University and the Daily Wage Employees, who are Respondents in the petitions filed by the University and are Petitioners in their own group of petitions, shall be referred to as the Workers . 3. While issuing notice, this Court by it s order dated 22.04.2016 had directed that the amount deposited by the Mahatma Phule Agriculture University, Rahuri with the Appellate Authority (PGA) shall not be disbursed until further orders. 4. The University is aggrieved by the common judgment dated 20.10....
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