Court : Mumbai Nagpur
Decided on : Oct-04-2012
Oral Judgment: (P.V. Hardas, J.) The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs.1000/-, in default of which to undergo further imprisonment for six months, by the Additional Sessions Judge-3, Nagpur by judgment dated 25.1.2008 in Sessions Trial No.101/2000, by this appeal questions the correctness of his conviction and sentence. 2. Facts as are necessary for the decision of the appeal may briefly be stated thus :- PW. 8 PSI Sheshrao Sadhankar, who was attached to Police Station, Kamptee on 2.11.1999, recorded the oral report of PW.1 Keshao at Exh. 37. On the basis of the report of PW.1 Keshao at Exh.37, he registered an offence vide Crime No.361/99, under Section 302 of the Indian Penal Code. The printed FIR is at Exh. 38. The inquest panchnama of the dead body of deceased Gangadhar was drawn in the presence of panchas at Exh. 20. Thereafter, PW.8 PSI Sadhankar proce...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as BVB.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority Nagpur Improvement Trust (hereafter referred to as N.I.T.) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to the respondents named in the P.I.L. ...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-20-2012
A.P. Bhangale, J. 1. Pursuant to Misc. Civil Application No.1129 of 2011 (Review Application) preferred by Bhartiya Vidya Bhavan (hereinafter referred to as “BVB”.) through its Attorney Shri T.G.L. Iyer, Civil Lines, Nagpur with a prayer to recall the Judgment dated 12th October, 2011, we had heard the parties and by order dated 26th April, 2012, we had recalled the Judgment dated 12th October, 2011 and restored the Public Interest Petition No.74 of 2010 for hearing afresh. 2. The challenge was to the action of local Planning Authority – Nagpur Improvement Trust (hereafter referred to as “N.I.T.”) for allotment of the land, which was reserved in the Development Plan for Primary School, Secondary School and Playground to Bhartiya Vidya Bhavan, an educational Institution/Trust. The petition was accepted as a Public interest Litigation pursuant to orders of the learned Senior Judge of the Bench at Nagpur dt.2.12.2010 and 6.12.2010 and notices were issued to t...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-16-2012
A.P. Bhangale, J. 1. The applicant prayed for to quash and set aside FIR bearing no 44 of 2012 dated 16-03-2012 registered under Section 306 read with Section 34 of the Indian Penal Code at Mangrulpir Police station, District Washim against the applicant,Chaitanya Neval, Manoj Janjal,and Swapnil Tayade. 2. The case against the applicant is that a girl Miss Ekta Ajabrao Pradhan aged about 18 years resident of Shahapur Taluka Taluka Mangarulpir decided to commit suicide at her residence by pouring kerosene on her body and setting herself ablaze on 29-02-2012 at about 10.00 p.m. While she was receiving medical treatment at Sarvopchar Rugnalaya at Akola, her dying declaration was recorded by Executive Magistrate, Akola at about 7.30 a.m. after obtaining endorsement from the doctor attending the patient Ekta, about her fitness and consciousness to give statement in the nature of dying declaration. Ekta made a statement on oath that she had poured kerosene on her body and burnt herself due t...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-16-2012
A.P. Bhangale, J. 1. The applicant prayed for to quash and set aside FIR bearing no 44 of 2012 dated 16-03-2012 registered under Section 306 read with Section 34 of the Indian Penal Code at Mangrulpir Police station, District Washim against the applicant,Chaitanya Neval, Manoj Janjal,and Swapnil Tayade. 2. The case against the applicant is that a girl Miss Ekta Ajabrao Pradhan aged about 18 years resident of Shahapur Taluka Taluka Mangarulpir decided to commit suicide at her residence by pouring kerosene on her body and setting herself ablaze on 29-02-2012 at about 10.00 p.m. While she was receiving medical treatment at Sarvopchar Rugnalaya at Akola, her dying declaration was recorded by Executive Magistrate, Akola at about 7.30 a.m. after obtaining endorsement from the doctor attending the patient Ekta, about her fitness and consciousness to give statement in the nature of dying declaration. Ekta made a statement on oath that she had poured kerosene on her body and burnt herself due t...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-09-2012
Oral Judgment: This appeal is directed against the judgment and award dated 31.1.1992 passed by the Civil Judge, Senior Division, Wardha in L.A.C.No. 4/1988 whereby the reference sought by the land owner/ appellant herein came to be rejected. 2] The appellants owned agricultural lands bearing no.22/1 and 22/4 area 1.51 HR situated at Mouja Chichala, tahsil and district : Wardha. For construction of overhead Railway Bridge land area of 0.20 HR was acquired vide notification dated 19.9.1994. The Special Land Acquisition Officer passed award on 12.3.1987 and fixed market value of the acquired land @ Rs.120/- per square meter. 3] Being aggrieved by this award the reference was sought. The learned Reference Court rejected the reference. 4] Mr. Bhattad, learned counsel for the appellant contended that the material placed on record has not been considered by the learned Reference Court. Further the learned Reference Court ignored the fact that because of the acquisition of 0.80 H.R. of land o...
Tag this Judgment!