Court : Mumbai Aurangabad
S.S. Shinde, J. 1. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel appearing for the respective parties. 2. These Petitions have been filed with following main prayer:- C. Rule may kindly be made absolute by quashing and setting aside the impugned orders of cancellation of promotions of petitioners (Annex. L Collectively) issued by Respondent No.1 with further directions to the Respondent No.1 to reinstate all the petitioners on the posts of and in the cadre of Assistant Professors.? There are other prayers as well in the Petitions. (I) The facts leading for filing the Writ Petitions in nutshell are as under :- 3. It is the case of the petitioners that, all the Petitioners are the Members of Academic Staff of the University referred under Chapter VII of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes, 1990 (hereinafter referred to as the Statutes of 1990? for short), which deals with the duties of teaching, research and e...
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1. This appeal is by original accused (hereinafter referred to as accused), who has been convicted by 5th Additional Sessions Judge, Ahmednagar, on 19.5.2000 in Sessions Case No.80/1999, for offence under Section 306 of the Indian Penal Code (IPC for short) and has been sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1000/-, in default to suffer further rigorous imprisonment for two months. 2. The case of prosecution in brief is that:- (a) A.S.I. Laxman Kusalkar (P.W.7) of Kotwali Police Station, Ahmednagar, on 22.1.1995, received phone call from Civil Hospital, Ahmednagar that one Shabana Hamji Shaikh (hereinafter referred to as victim) with burns was admitted to the hospital. This A.S.I. went to the hospital and after completing formalities, recorded the statement of Shabana, which was recorded as her dying declaration (Exhibit 32). On the same day, yet another dying declaration of Shabana was recorded by Special Executive Magistrate (P.W.2) Ruth w/o ...
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1. The revision is filed against judgment and order of Rent Controller, Jalna delivered in file No.95/RC/CR-9 and judgment and order of Rent Appeal No.2 of 2010 which was pending in the Court of Principal District Judge, Jalna. In a proceeding filed for eviction under section 15 of Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (hereinafter referred to as the Act) the relief of eviction is given by the Rent Controller on two grounds, like willful default and personal bonafide requirement of the suit premises. The decision is confirmed by the Appellate Court. Both the sides are heard. 2. The suit property is part of Municipal House No.4252 situated on College Road, Sadar Bazar, Jalna. It was given on monthly rent to the tenant on 1st March, 1992 for doing hotel business and written agreement was prepared accordingly (dated 16th February, 1993). It is contended that there was an agreement to pay Rs.1,000/- per month after the expiry of English Calendar month and the tenant...
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1. Rule. Rule made returnable forthwith. 2. By consent, heard both the sides for final disposal. 3. The petition is filed under section 226 and 227 of the Constitution of India and also section 482 of the Code of Criminal Procedure to challenge the judgment and order delivered in Criminal Revision Application No. 14/2010 by Additional Sessions Judge, Ahmednagar. Judicial Magistrate (First Class) had granted maintenance under section 125 of the Code of Criminal Procedure in favour of the petitioner and this order is set aside in revision by Sessions Court. This Court has perused the original papers. 4. The Sessions Court has held that in view of the contents of one document which is at Exh. 41, and in view of the provisions of Section 125(4) of the Code of Criminal Procedure, wife is not entitled to get maintenance. The Sessions Court has observed that in view of the contents of Exh. 41, it needs to be presumed that wife is residing separately from husband on her own accord. The Session...
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Oral Judgment: Heard. Rule was issued on 4.12.2000 with interim relief in terms of prayer clause (d). 2. In R.C.C. No.81/1982, by judgment and order dated 22.7.1991, learned Judicial Magistrate, First Class, Udgir convicted the petitioner (original accused No.2) Dilip Ganpat Gaikwad for offence under Section 465 of the Indian Penal Code and sentenced him to fine of Rs.300/-, in default of payment of fine, to undergo S.I. for 45 days. For offence under Section 466 of the Indian Penal Code, he was convicted and sentenced to suffer R.I. for one month and to pay fine of Rs.200/-, in default of payment of fine, to undergo S.I. for 30 days. Said judgment was questioned in Criminal Appeal No.33/1991. However, on 22.7.1991, the appeal was dismissed by learned Additional Sessions Judge, Latur. 3. The prosecution case, in short is, the Deputy Collector at Udgir had received report from Principal, Government Polytechnic College, Nasik, doubting certificate presented by original accused No.1 Basav...
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1. The appeal is filed against judgment and decree of Regular Civil Appeal No. 233/1983, which was pending in the Court of 2nd Additional District Judge, Jalgaon. The appeal of original plaintiffs against judgment and decree of Regular Civil Suit No. 89/1975 is allowed by the First Appellate Court and decree of possession is given by the District Court in favour of original plaintiffs. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be stated as follows:- The suit was filed in respect of agricultural land bearing Survey No. 32 (Gat No. 107) admeasuring 3 H. 45 R. situated at village Khirwad, Tahsil Raver, District Jalgaon. It is the case of plaintiffs that the suit property was ancestral property of their father Eknath. Eknath was husband of plaintiff No. 2. It is contended that Eknath was addicted to bad habits like consuming liquor and gaming Satta. 3. It is the case of plaintiffs that defendant No. 1 is shrewd and cunning businessman, bu...
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1. The appeal is filed against judgment and order of Sessions Case No. 10/1997, which was pending in the Court of Additional Sessions Judge, Nanded. The Trial Court has convicted and sentenced the appellant for offence punishable under section 306, 498-A of Indian Penal Code. This Court has heard both the sides and has perused the original record. 2. In short the facts leading to the institution of the appeal can be stated as follows:- The deceased Gangasagar was a daughter of Govindrao Chibhade. She was given in marriage to appellant/accused on 5.6.1995. Immediately after the marriage, the accused started expressing that the deceased had become pregnant even prior to the marriage. For the satisfaction of the accused, the parents of the deceased took the deceased to the hospital of Dr. Smt. Bhalerao for medical examination. After medical examination, Dr. Bhalerao gave report that the deceased had not become pregnant. The accused was, however, not satisfied. The accused got examined the...
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: 1 Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing at the admission stage itself.2 By the present petition, filed by the petitioner under Article 226 of the Constitution of India, the petitioner prayed for issuance of appropriate writ or directions to quash and set aside the order dated 13.8.2007, passed by respondent no.2 Divisional Caste Scrutiny Verification Committee, Aurangabad.3 The petitioner is a student pursuing education of Electrical Engineer in Mahatma Basaweshwar Education Societies College of Engineering at Ambejogai and claims to be belonging to the caste 'Lingader' notified as Scheduled Caste34 recognized under the Constitution (Scheduled Caste) Order, 1950.4 Respondent no.1 is the State of Maharashtra, represented through its Secretary, Department of Social Welfare, Mantralaya, Mumbai and respondent no.2 is the Divisional Caste Scrutiny Verification Committee for SC, VJNT, OBC &...
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1. The proceeding is filed for challenging common order made by Judicial Magistrate, First Class, Jalgaon in M.C.A. Nos. 686/2010 and 694/2010 and also to challenge the common judgment delivered by Jalgaon Sessions Court in Criminal Revision Nos. 51/2011 and 55/2011. The revisions were filed against the aforesaid common order made by J.M.F.C. Both the sides are heard. 2. The petitioner had taken loan from a Credit Society for purchasing Volvo bus No. MH-19/Y-4444. It is his case that he had repaid the entire loan amount, but the Credit Society had taken the custody of bus from him prior to that and Credit Society refused to give custody of vehicle to him. It is his case that he then gave report to police against Chairman and Directors of the Society and on the basis of report, the crime came to be registered for offences punishable under sections 406, 420 etc. of Indian Penal Code. The said vehicle came to be attached in the crime and the petitioner filed M.C.A. No. 686 of 2010 for int...
Tag this Judgment!Court : Mumbai Aurangabad
1. The appeal is filed against judgment and order of Sessions Case No. 10/1997, which was pending in the Court of Additional Sessions Judge, Nanded. The Trial Court has convicted and sentenced the appellant for offence punishable under section 306, 498-A of Indian Penal Code. This Court has heard both the sides and has perused the original record. 2. In short the facts leading to the institution of the appeal can be stated as follows:- The deceased Gangasagar was a daughter of Govindrao Chibhade. She was given in marriage to appellant/accused on 5.6.1995. Immediately after the marriage, the accused started expressing that the deceased had become pregnant even prior to the marriage. For the satisfaction of the accused, the parents of the deceased took the deceased to the hospital of Dr. Smt. Bhalerao for medical examination. After medical examination, Dr. Bhalerao gave report that the deceased had not become pregnant. The accused was, however, not satisfied. The accused got examined the...
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