Court : Mumbai Nagpur
Oral Judgment:(B.R. Gavai, J.) 1. Since the learned Additional Sessions Judge, Chandrapur vide his Judgment and Order dt.3.12.2015 passed in Sessions Case No.81 of 2014 has awarded death sentence to the appellant/accused herein and directed him to be hanged by neck till death, present reference has been made to this Court. The Criminal Appeal has been filed by the appellant being aggrieved by the Judgment and Order of sentence as recorded by the learned trial Judge thereby holding him guilty for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentencing him to death and to suffer rigorous imprisonment for three years respectively and to pay a fine of Rs.1000/-; in default, to suffer simple imprisonment for three months respectively. 2. The prosecution case, in nutshell, as could be gathered from the material placed on record, is thus: The accused is husband of deceased Shamshad. Deceased Isana was daughter of deceased Shamshad and the appellant. Deceased...
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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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Oral Judgment: 1. In Land Acquisition Reference Case No.28 of 1991, the Reference Court, acting under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act ), has enhanced the compensation from Rs.1,75,000/to Rs.9,25,650/per hectare, after deducting the amount already paid to the respondent No.1/claimant. Apart from this, the claimant is also held entitled to the statutory benefits consequently available in law. This first appeal has been preferred by the acquiring body, challenging the enhancement of compensation. 2. Shri Moharir, the learned counsel appearing for the appellant-acquiring body, has urged : (1) that the matter be remanded back to the Reference Court, as the appellant was not permitted to file written statement and was not joined in the reference as party-respondent; (2) that the reference should have been dismissed as barred by limitation; and (3) that the Reference Court has committed an error in enhancing the compensation. 3. The points...
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A.B. Chaudhari, J. 1. Heard. Rule. Rule returnable forthwith. All these matters are taken up for final disposal with consent of the learned Counsel for the rival parties. 2. In these letters patent appeals and writ petitions, learned Counsel for both parties made their submissions on the questions, which we have framed in this judgment. 3. Advocate Shri Khapre appearing for the appellant in Letters Patent Appeal No.368/2011 made the following submissions : (i) The Bombay Public Trusts Act, 1950 was enacted to regulate and make better provisions for the administration of public religious and charitable Trusts in the State of Bombay. Various officers who are required to implement the provisions of the said B.P.T. Act, 1950, namely the Assistant Charity Commissioner, Deputy Charity Commissioner, Joint Charity Commissioner and Charity Commissioner are performing judicial functions or in respect of some provisions; the quasi-judicial functions. That is evident from the reading of several pr...
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S.C. Dharmadhikari, J. 1 Both appeals arise out of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment. 2 These appeals under Clause 15 of the Letters Patent are directed against the judgment and order dated 27.06.2012 of the learned Single Judge in Writ Petition No.3440/2011. That Writ Petition was filed by the Respondent Nos.4 to 6 in LPA No.278/2012, who are original Petitioners and they impugned the order passed by the Respondent No.1 State Government dated 30.10.2010 in Revision Application by which the Revisional Authority has set aside the orders dated 20.02.2010 and 22.06.2010 of the Collector, Nagpur and the Commissioner, State Excise respectively. The Revision Application before the Minister was filed by the Appellant before us in LPA No.278/2012 as its application seeking FLIII licence was rejected. 3 The facts leading to the filing of these Appeals are that the Appellant in LPA No.278/2012 made an application for gran...
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A.B. Chaudhari, J. 1. This is a Criminal Reference Registration No.1/2013 for confirmation of death sentence against accused no.1-Ajay Dayaram Gopnarayan. 2. Both the accused persons Ajay Dayaram Gopnarayan and Nitin Nandkishor Gudadhe have also preferred Criminal Appeal No.225/2013 praying for acquittal against judgment of conviction for offences punishable under section 302 and 392 of I.P.C. and accused no. 1-Ajay is sentenced to death while accused no.2-Nitin Gudadhe is sentenced to life imprisonment and to pay a fine of Rs.1000/- in default to suffer rigorous imprisonment for six months. Both the matters are taken up together for hearing and disposal. Hence, this common judgment. FACTS: 3. The prosecution case is that the deceased Vijayatai Vitthalrao Pund aged about 75 years, who was mother of PW1-Sunil Vitthalrao Pund, a practicing lawyer by profession at Amravati was residing in Venus Park area of Kanta Nagar, Amravati. The house was constructed by PW1-Sunil about 67 years befor...
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