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Judgment Search Results Home > Cases Phrase: mediation Court: mumbai nagpur Year: 2014 Page 1 of about 36 results (0.006 seconds)

Jul 01 2014 (HC)

Mohd. Riyaz Vs. State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jul-01-2014

..... before that. before that he had asked p.w.2 to leave the house. thus, this intervention by nabbobhai resulted in enraging him and under heat of passion without pre-mediation, he used the spearhead. however, the blow is not single and it is on vital part of the body with great force. hence, intention to cause death is clearly brought .....

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Jul 03 2014 (HC)

Pralhad and Others Vs. State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jul-03-2014

..... , it can be seen that the evidence of p.w.1 and p.w.2 is very cryptic. it appears that there was one laxmibai who had worked as a mediator for settling the marriage with the deceased of appellant no.1. it was the case of prosecution before the trial court that she had also told the parents of the .....

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Jun 16 2014 (HC)

Village Panchayat, Antora Through its Member Vs. Wasudeo Ramchandraji ...

Court : Mumbai Nagpur

Decided on : Jun-16-2014

1. applicant-village panchayat, antora, the original defendant in the regular civil suit no. 2/2011 has put to challenge the order dated 22.09.2011 (below exh.1) passed by learned civil judge, junior division ashti, with a further prayer to dismiss the suit as not maintainable. 2. the applicant-village panchayat antora is governed by the provisions of the maharashtra village panchayats act (hereinafter referred to as ??the said act ??in short). the non-applicants filed rcs no.2/2011 in the court of civil judge, jr. dn. ashti and challenged the letter dated 17.02.2011 and notice dated 26.04.2011 and resolution of gram sabha dated 25.04.2011 and 26.04.2011 as illegal, null and void, without jurisdiction and also sought permanent injunction from damaging/ demolishing the construction over the suit site. in the suit, the non-applicants stated that plot no. 127 in ward no.2 village antora admeasuring 45 x 45 is owned by them and they are in possession since 1962 with mutations in their name with village panchayat, antora. none objected to their possession. on 22.12.2010 they submitted an application with map for proposed construction of a house and since there was no communication from the applicant-village panchayat about acceptance or rejection of permission to make construction from 22.02.2011 to 23.04.2011 there was a deemed permission for construction upon completion of two months statutory period. the non-applicants were allotted plot no.127 in the year 1962 by bajrang .....

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Feb 06 2014 (HC)

Basantilal and Another Vs. Ramashankar and Others

Court : Mumbai Nagpur

Decided on : Feb-06-2014

1. second appeal no.164 of 2002 is filed by basantilal motilal tiwari and second appeal no.198 of 2002 filed by ramashankar kantaprasad tiwari are directed against judgment and order dated 10-12-2001 passed by 3rd additional district judge, nagpur in regular civil appeal no.283 of 2000 which was partly allowed allowing one-third share to the ramashankar (original plaintiff) and one-third share each to basantilal (ori. defendant no.1) and umashankar (ori. defendant no.2). both the appeals arose out of the judgment and order dated 14-01-2000 passed by the 5th joint civil judge senior division at nagpur in special civil suit no.692 of 1988 whereby the suit was dismissed by the trial court. 2. second appeal no 164 of 2002 was admitted by this court on 2nd may 2005 on the following substantial questions of law:- i) whether the suit was not tenable and was liable to be dismissed for misjoinder of causes of action? ii) whether the first appellate court was justified in declaring the shares of the parties in the absence of any prayer to that effect by the plaintiff? my answers for (i) suit was tenable and ought to have resulted in conditional preliminary decree as under (ii) is affirmative to avoid multiplicity of the judicial proceedings in the larger interest of justice. 3. second appeal no.198 of 2002 was admitted by this court upon following substantial questions of law:- i) whether the lower appellate court was right in assuming that the suit plot was vested in the government in .....

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Jul 07 2014 (HC)

The Shriram Education Society, Dharampeth, Nagpur, thr. Its Secretary ...

Court : Mumbai Nagpur

Decided on : Jul-07-2014

oral judgment: 1. second appeal no.19/2013 has been filed by original plaintiff, the shriram, education society, dharampeth, nagpur and ors., feeling aggrieved by rejection of the cross-objection that was filed before the lower appellate court in reg. c. a. no.766/2012 for claiming the relief of declaration that was not granted by the trial court by judgment and decree dated 02.03.1993 in spl. c. s.no.823/1987. 2. second appeal no.168/2013 has been filed by original defendant-nagpur improvement trust, against the judgment and decree passed by learned trial judge in spl. c. s. no.823/1987 decided on 02.03.1993 and confirmed by judgment and decree dated 05.11.2012 in reg. c. a. no.766/2012 by learned district judge-11, nagpur, by which the suit filed by the original plaintiffs was partly decreed restraining the defendant-nagpur improvement trust from dispossessing the plaintiffs except by due process of law. facts: 3. the original plaintiffs, the shriram education society, (hereinafter referred to as ??the society ? ) and nine other trustees filed spl. c.s.no.823/1987 against the defendant-nagpur improvement trust (hereinafter referred to as ??nit ? ) for declaration and perpetual injunction and claimed a declaration that the nit had no right to take back possession of the two plots admeasuring together 2.94 acres and perpetual injunction prohibiting nit from taking possession thereof or disturbing the same. the suit was lodged on 23.12.1987 in the civil court. the trial court .....

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Jul 23 2014 (HC)

Manish Manohar Bang and Another Vs. State of Maharashtra, through Secr ...

Court : Mumbai Nagpur

Decided on : Jul-23-2014

oral judgment: 1. rule. heard forthwith by consent of parties. 2. petitioners claim that they are purchasers of suit property survey number 20, area 6.41 hr situated at mouza pipla under registered sale deed dated 31.10.2005. land was sold out by respondent no.14 public trust after obtaining due permission from the joint charity commissioner under the bombay public trusts act, 1950 to respondents no.7 to 13. petitioners, in turn, purchased the suit land from respondents no.7 to 13. it is alleged that one rodba ramchandra mali, owner of adjacent land, manipulated revenue record and claimed to be tenant over the suit field. there were proceedings before the revenue authorities and outcome thereof was that, name of rodba ramchandra mali as a tenant came to be deleted. after deletion of his name, trustees of respondent no.14 entered into two agreements for sale with rodba. however, before execution of sale deed, rodba mali died and his legal heirs also did not obtain sale deed. moreover, though mandatory, no permission from the charity commissioner was obtained by the trust to sell the suit land in favour of rodba mali. manohar son of rodba mali tampered revenue record and managed to enter his name in revenue record. that entry was challenged by the trust and the trust succeeded to get the name of manohar deleted. that entry has attained finality because nobody challenged the same. thereafter respondent no.14 trust obtained permission from the joint charity commissioner to sell .....

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Aug 11 2014 (HC)

Shilpa Co-operative Housing Society Vs. Smt. Janabai Gulabrao Wangal T ...

Court : Mumbai Nagpur

Decided on : Aug-11-2014

oral judgment: 1. admit. taken up for final hearing with the consent of the learned counsel for rival parties. 2. being aggrieved by judgment and decree dated 29.11.2008 passed by ad-hoc district judge-1, nagpur holding that notice under section 164 of the maharashtra cooperative societies act,1960 (in short the "mcs act") was not necessary before instituting a suit, regular civil suit no.354/2004 and thereby reversing the judgment and decree passed by the trial court in regular civil appeal no.502/2007, the present appeal has been filed by original defendant no.11- shilpa cooperative housing society. facts:- 3. the respondents/plaintiffs filed suit for declaration that they are owners of the suit land having 1/7th share each and that the sale deed dated 16.12.1987 executed in favour of the defendant no.11-appellant-society is illegal and void ab initio and they were entitled to partition. they also claimed relief of injunction regarding construction activity etc. it is the case of the plaintiffs that the agricultural land survey no.36 admeasuring 3.13 hr of ph no.38 class-i village besa, tq. dist. nagpur is the ancestral property and the plaintiffs are daughters of late bajirao wankhede and sisters of defendant no.1. all the plaintiffs and defendant nos.1 to 10 are legal representatives of bajirao wankhede. bajirao wankhede died leaving behind him 3 sons and 4 daughters. all the daughters are plaintiffs. the plaintiffs have 1/7th share in the suit property. accordingly, they .....

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Jul 07 2014 (HC)

Damodhar Vs. State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jul-07-2014

oral judgment: 1. this criminal appeal is preferred against the judgment dated 10/12.8.2004 passed by the special judge, chandrapur in special case no.13/1994 by which appellant/accused is convicted for the offence punishable under section 7 of the prevention of corruption act, 1988 and sentenced to suffer simple imprisonment for six months and to pay fine of rs.300/- and in default, to undergo simple imprisonment for one month. the appellant is also convicted for the offence under section 13(1)(d) punishable under section 13(2) of the said act and sentenced to suffer simple imprisonment for one year and to pay fine of rs.300/- and in default, to suffer simple imprisonment for one month. 2. briefly, it is the case of the prosecution that on 21/2/1994, accused was working as maintenance surveyor at mul, district chandrapur. complainant baburao had contacted accused prior to the said date with regard to mutation of his plot when the accused is alleged to have demanded bribe of rs.1,000/-, which amount was negotiated to rs.600/- and was agreed to be paid by the complainant in two instalments of rs.300/- each. prior to the said demand, complainant had already tendered his application for mutation. as the complainant was not interested in paying bribe, he lodged a report with anti corruption bureau, chandrapur. on the basis of the said report, two panchas were summoned from the office of m.s.r.t.c. the complainant as well as panchas were given demonstration about effect of sodium .....

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Oct 14 2014 (HC)

Veena Vs. The Chairman, Nagpur Improvement Trust, Nagpur and Others

Court : Mumbai Nagpur

Decided on : Oct-14-2014

p.c. 1. the petitioner has prayed for to quash and set aside order no. 657 dated 08/05/2009 passed by the chairman, nagpur improvement trust, nagpur (nit) and order dated 14/09/2009 passed by the nit respondent no. 1 under sections 3 and 4 of the maharashtra gunthewari developments (regulation, upgradation and control) act, 2001 as wholly without jurisdiction and contrary to the principles of natural justice and for issuance of the direction to respondent no. 1 to call upon respondent no. 3 restraining the enforcement of the said order. 2. facts stated are that the petitioner came across the advertisement issued by respondent no. 2 in the year 1990 for sale of the plots at khasra no. 83/1, ph no 44 ward no. 15 situated at mauza somalwada, nagpur. the petitioner purchased plot no. 2, area 464.25 sq. meters (5000 sq. feet) out of total 104 plots layout for the consideration of rs. 7500/vide registered sale deed dated 26/09/1990 from respondent no. 2. the government of maharashtra enacted the maharashtra gunthewari developments (regulation, upgradation and control) act, 2001 (briefly called as the ??gunthewari act ? ) which came into force from 13/08/2001. respondent no. 1 nit being planning authority under section 2 (1) (c), (iv) is required to consider the application of the plot holder for regularisation of the gunthewari development made within the period of six months or within the extended period if any from the date of the coming into force of the gunthewari act. the .....

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Jul 11 2014 (HC)

Narayan Vs. State of Maharashtra

Court : Mumbai Nagpur

Decided on : Jul-11-2014

oral judgment: 1. this criminal appeal takes exception to the judgment dated 30/11/2001 passed by the special judge, nagpur in special case no.30/1991 by which appellant/accused is convicted for the offence punishable under section 7 of the prevention of corruption act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay fine of rs.500/-and in default, to undergo simple imprisonment for four months. the appellant is also convicted for the offence under section 13(1)(d) punishable under section 13(2) of the said act and is sentenced to suffer rigorous imprisonment for two years and to pay fine of rs.500/- and in default, to suffer simple imprisonment for six months. 2. the prosecution case can be briefly stated as under : complainant ratan deole had purchased part of agricultural field from his grandmother tulsabai deole in the year 1984 and wanted to dig a well on obtaining loan, for which purpose he required 7/12 extract of the field of his share and accordingly approached appellant being talathi at sawangi. during his meeting with appellant, the complainant was informed that the field was recorded in the name of tulsabai and unless mutation is carried on in the name of the complainant, 7/12 extract could not be issued in his name as cultivator and owner. the complainant thus returned back to his village asola. the complainant again contacted the appellant in his office 15-20 days thereafter with the same request and produced the sale deed, when the .....

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