Court : Mumbai Nagpur
Oral Judgment: (V.M. Deshpande, J.) 1. The present appeal is directed against the judgment and order of conviction passed by the learned Additional Session Judge, Bhandara, dated 23rd of May, 2014, in Session Trial No.46 of 2009, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and directed them to suffer imprisonment for life and to pay a fine of Rs.1000/- each of them and in default of payment of fine to suffer further rigorous imprisonment for three months. 2. During the pendency of the trial itself, original accused no.3 Sitabai Ramdas Meshram has expired. A Charge was framed against the appellants and deceased accused for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The accused persons were acquitted of the offence punishable under Section 498-A read with Section 34 of the Ind...
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..... with the bank officials, managed to return the cheque with remark 'drawer's signature differ'. it is also alleged that this second remark was a deliberate act of the applicant/accused to avoid criminal action against him. on this backdrop, if the verification of the complainant is perused, it reveals that the complainant is ..... vehemently submitted that the learned magistrate, by the impugned order, issued process against the applicant for the offence punishable under section 138 of the n.i. act, without applying his mind. the learned counsel further submitted that the learned magistrate ought to have seen whether the contents of the complaint attract the provisions of ..... and as such the respondent no.1 approached the court of judicial magistrate, first class, nagpur, by filing the complaint under section 138 of the negotiable instruments act, 1881, against the applicant. thus, the applicant is referred to as an accused and the respondent no.1 as the complainant. the learned magistrate, on .....
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..... parties to the arbitration agreement. in view of this, the learned judge of the trial court has committed an error in allowing the application under section 8 of the said act. the order, therefore, cannot be sustained. 7. in the result, writ petition is allowed. the order dated 2nd may, 2013, passed by the learned 4th joint civil ..... of the suit between parties who are parties to the arbitration agreement and others is possible. this would be laying down a totally new procedure not contemplated under the act. if bifurcation of the subject matter of a suit was contemplated, the legislature would have used appropriate language to permit such a course. since there is no ..... and another, reported in (2003) 5 scc 531. paras 13 to 16 of the said judgment are reproduced below. "13. secondly, there is no provision in the act that when the subject matter of the suit includes subject matter of the arbitration agreement as well as other disputes, the matter is required to be referred to arbitration. there .....
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..... forgot and ignored that his own grand-mother was residing with her in order to have security for her. not only that, the old landlady and her daughter were also acting like her guardian. the old landlady was treating her like daughter. however, the appellant did not simply understand the aspirations of a woman, i.e. his wife vandana, ..... occupied by the appellant and his father. the trial court heavily relied upon section 106 of evidence act for holding the appellant guilty of the offence of murder. the trial court acquitted all other accused from all the charges framed against them. the trial court convicted the ..... the reasons recorded by the trial court. 8. at the outset, this is a case where there is no direct evidence that the appellant had by any overt-act committed murder punishable under section 302 of the indian penal code. the only evidence relied upon by the prosecution is that vandana was burnt in the house owned and .....
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..... in serious financial irregularities and there were two cases registered against him under various sections of the indian penal code as well as the prevention of corruption act during the year 1990-1991, 1991-1992 when he was posted as artificial insemination officer at rachi. the hon'ble apex court, after taking a ..... be adjusted against the amount of gratuity payable. explanation. in this chapter- (a) the expression serious crime includes a crime involving an offence under the official secrets act, 1923 (19 of 1923). (b) the expression grave misconduct includes the communication or disclosure of any secret official code or password or any sketch, plan, model, ..... the bank if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence or criminal breach of trust or forgery or acts done fraudulently during the period of his service. provided that the board shall be consulted before any final orders are passed : provided further that departmental .....
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..... made out and reliefs as claimed cannot be granted. 10. the questions of law sought to be raised by the appellant in this appeal under section 130 of the customs act, 1962, are as under : (i) whether the customs, excise and service tax appellate tribunal was right in relying upon the contents of board's circular no.4/2004-cus dated ..... b.p. dharmadhikari, j. 1. the appellant assessee has filed this appeal under section 130 of the customs act, 1962, assailing the order dated 12.05.2014 passed by respondent no. 1 the customs, excise and service tax appellate tribunal (cestat) and seeking conversion of shipping bill under deec .....
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..... she is ever ready and willing to resume cohabitation but husband always avoided for the same. she initiated proceedings under section 9 of the hindu marriage act for restitution of conjugal rights, filed an application for maintenance under section 125 of the code of criminal procedure and lodged a complaint under protection of ..... indian penal code initiated on the report of appellant. it is pointed out that application filed by wife under the protection of women from domestic violence act also came to be rejected. according to learned counsel wife had made several serious, false and vexatious allegations against the husband in those proceedings constituting mental ..... in criminal case under section 498a of the indian penal code and rejection of application filed by wife under the protection of women from domestic violence act question arises whether the allegations alone in those proceedings would help the husband to support his submission that wife treated him with cruelty. we have gone .....
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..... enquiry officer, the bank terminated the services of the respondent on 28-4-2000. the respondent being aggrieved filed a dispute under section 91 of the said act before the cooperative court seeking a declaration that the resolution resulting in termination of his services was illegal. the relief seeking declaration that the respondent continued in service ..... damages in lieu of reinstatement awarded to the respondent in the dispute filed by the respondent under section 91 of the maharashtra co-operative societies act, 1961 [hereinafter referred to as the said act ]. 3. the respondent was appointed on the post of clerk at the petitioner bank which is duly registered under the provisions of the ..... said act. the respondent was thereafter promoted to the post of branch manager. during his course of service, a departmental enquiry was conducted against him on charges of .....
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..... of seizure of the bicycle also, he states that he does not know from where the bicycle was brought. this witness appears to be a regular panch, as he has acted so in several panchanamas of the concerned police station, which lies at a distance of one-and-half-kilometer from the place of his residence. in any event, the prosecution .....
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..... conclusion of non-establishing of the offence punishable under section 138 of the negotiable instruments act and thus, acquitted the respondent-accused. this is the judgment and order challenged in the present appeal. 6. certain admitted position is required to be mentioned ..... notice, so also no payment was made by the accused. hence, the complainant lodged complaint for the offence punishable under section 138 of the negotiable instruments act against the accused. said complaint was dealt with by the concerned court and after recording the evidence of sole witness pw 1 complainant, came to the ..... also perused the citations referred on behalf of the appellant. the present respondent-accused was acquitted of the offence punishable under section 138 of the negotiable instruments act, vide order dated 14/1/2008 passed by the judicial magistrate first class, maregon in summary criminal case no.521/2007. 3. prior to discussing .....
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