ay Narendra Atmaram Deore vs The State Of Maharashtra on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 PER COURT : 1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant. 2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:45 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear. Full Article
ay Vandana Vasant Deore vs Narendra Atmaram Deore Ana Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 PER COURT : 1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant. 2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:53:02 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear. Full Article
ay Satish Atmaram Deore vs The State Of Maharashtra on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 PER COURT : 1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant. 2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:40 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear. Full Article
ay Vandana Vasant Deore vs Satish Atmaram Deore on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 PER COURT : 1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant. 2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:51 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear. Full Article
ay Shivappa Nagappa Lade (Dead) Thr ... vs The State Of Maharashtra And Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:30 ::: 3 CriApln 90-2020 to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : - Full Article
ay Parwati @ Parubai Balu Patil And ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (ii) The applicants to deposit the fine amount in the trial Court within eight weeks from today; SQ Pathan 2/3 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:59 ::: LD.VC.OCR.25.20.doc (iii) The applicants shall report to the trial Court once in six months, till the aforesaid appeal is finally heard and decided. 6 The Interim Application is accordingly disposed of. 7 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary. Full Article
ay Jalinder Murlidhar Naik And Anr vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (ii) The applicant shall attend the concerned Police Station as and when called; (iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed Full Article
ay Sheetal Devang Shah vs The State Of Maharashtra And Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner. Full Article
ay Sarjerao S/O. Gulabrao Dhamdhere vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2. 3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents. 4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: Full Article
ay Santosh S/O. Sukhdeo Waikar vs The State Of Maharashtra on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year. -1- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:45 ::: 2(i)-appln-3675-19.odt 3. Heard learned Advocate Mr. R. C. Bora holding for learned Advocate Mr. M. L. Wankhade for applicant and learned APP Mr. P. G. Borade for respondent-State. Full Article
ay Sunny Spices Pvt Ltd And Others vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself. 3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon. Full Article
ay Bapusaheb S/O. Laxman Darandale ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020. 3. It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i) Full Article
ay Sudarshan S/O. Subhash Swami vs Jyoti W/O. Sudarshan Swami And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Heard learned Advocate Mr. H. I. Pathan for petitioner and learned Advocate Mr. Y. K. Delmade for respondent No.1. 3. It has been vehemently submitted on behalf of the petitioner ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:39 ::: 3 WP 1700-2019 husband that, the learned trial Judge failed to consider that, there was nothing on record which would positively show that the wife has been subjected to domestic violence. A cryptic order has been passed only on the basis of contents of the application and by ignoring the say filed by the respondent. There was nothing to show that, the husband had deserted the wife. Further the husband had filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before Family Court at Nanded vide Petition No. A 91 of 2016, it has been decided on 02-02-2018, thereby decreeing the petition and directing the wife to resume cohabitation. Under such circumstance, the wife is not entitled to get maintenance much less interim maintenance. He, therefore, prayed for setting aside the impugned order. Full Article
ay Ujwala W/O Hanmantrao Deshmukh ... vs Shivshankar Ananda Londhe And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. Present review application has been filed by original appellants for review of judgment and order dated 1st August, 2019 passed by this Court in aforesaid First Appeal. 2. Present review applicants are the original claimants, who filed MACP No.256/2013 before learned Member, Motor Accident Claims Tribunal, Latur (herein after referred to as the ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:35 ::: (2) Review Appln.No.199/2019 Tribunal) for getting compensation for the accidental death of one Hanmantrao Manikrao Deshmukh, on whom present review applicants were depending. Full Article
ay Anant S/O. Prabhakar Deshpande vs The State Of Maharashtra And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal. 3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna. Full Article
ay Pratik S/O. Rameshwar Kopulwar ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Since arguable points are made, the appeals are admitted. 3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 ::: 3 CriAppeal 114-2000 +1 4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Full Article
ay Arjun S/O. Mohan Rathod And Others vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Since arguable points are made, the appeals are admitted. 3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 ::: 3 CriAppeal 114-2000 +1 4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Full Article
ay Asma Roohi Quadri vs Munawar Ahmed S/O. Naem Ahmed And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code. 4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons. Full Article
ay Dr. Abdul Gaffar Quadri And Anr vs Munawar Ahmed S/O. Naem Ahmed And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code. 4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons. Full Article
ay Dr. Fuad Halim vs State Of West Bengal & Ors on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 State of West Bengal & Ors. With W.P. No.5334 (W) of 2020 In re: Letter of Dr. Vimal Khawas Ph.D With W.P. No. 5335 (W) of 2020 In re: Letter of Mr. Ritesh Tiwari With W.P. No. 5336 (W) of 2020 In re: Letter of Raja Satyajit Banerjee The order dated 28.04.2020 be corrected by substituting the word "warriors" in the place and stead of the word "worriers" in the 1 st sentence of 2nd paragraph at page 5 of the order. Full Article
ay State Of West Bengal And Ors vs Smt. Manika Dhara (Pal) And Ors on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Vs. Smt. Manika Dhara (Pal) and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes. The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds. Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing. Full Article
ay State Of West Bengal And Ors vs Kalyan Kishore Pradhan And Ors on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Vs. Kalyan Kishore Pradhan and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes. The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds. Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing. Full Article
ay WP/5389W/2020 on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Learned counsel for the petitioner submits that notice of hearing of the writ petition was served on the DMC by mail today ,i.e. the 7th of May, 2020. By the impugned notice the petitioner has been threatened with eviction from the premises in issue inspite of the submitted fact that the respondents/DMC is still collecting rents from the petitioner. The petitioner also alleges that the impugned notice is not preceded by a show cause alleging any acts of omission or commission on the part of the petitioner to continue to be in possession of the premises 2 in issue which the petitioner further submits is under an active lease which has not been terminated. Full Article
ay WP/5390W/2020 on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 The Petitioner is aggrieved by the notification issued by the Department of Urban Development and Municipal Affairs, Government of West Bengal dated 6.5.2020 being no. 334/MA/O/C4/1A1/2020 as issued by its Principal Secretary. By the said impugned notification the powers of the Kolkata Municipal Corporation (KMC) has been vested on a Board of Administrators (BOA). 2 Mr Bhattacharyya submits that the said power has been exercised in abuse of jurisdiction by invoking section 634 of the KMC Act (as amended). The point stressed by Mr. Bhattacharyya is that the Chairman of the BOA, who is the Mayor as on today of the KMC, cannot appoint himself to the BOA as its Chairman by invoking powers in the name of the Governor as Minister of the Department of Urban Development and Municipal affairs. Full Article
ay Sujit Mitra & Ors vs The State Of West Bengal on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 -vs- The State of West Bengal For the Appellants : Mr. Soumopriyo Chowdhury Mr. Abhishek Gupta Ms. Ishita Roy.........Advocates For the State : Mr. Saswata Gopal Mukherjee, Ld.PP Mrs. Kakali Chatterjee.........Advocate Heard on : 11.02.2020 Judgment on : 07.05.2020 Arijit Banerjee, J.: 1) This is an appeal against the judgment and order dated 12th February, 1998 passed by the learned Sessions Judge, Coochbehar in Sessions Trial No. 2(6) 96 arising out of Sessions Case No. 97/94, thereby holding the appellants guilty of having committed offences under Sections 302/34 and 201/34 of the Indian Penal Code (for short 'IPC'). The appellants are two (2) out of thirteen (13) accused persons. Nine (9) accused persons were acquitted by the Ld. Trial Judge and four (4) accused persons including the appellants were convicted and sentenced to life imprisonment. Two (2) of the convicts died during the pendency of the appeal. Full Article
ay Exclusive for Mail on Sunday readers: Discover the Danube with Classic FM's John Suchet By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:33:38 GMT On this wonderful all-inclusive river cruise you'll sail along the mighty Danube amid stunning scenery through four countries - Germany, Austria, Slovakia and Hungary. Full Article
ay BRITs host Jack Whitehall 'is looking for love on celeb dating app Raya' By www.dailymail.co.uk Published On :: Tue, 18 Feb 2020 15:54:16 GMT The comedian, 31 - who will host the BRIT Awards on Tuesday - is reportedly looking for love on celebrity dating app Raya, two years after his split from girlfriend of six years, Gemma, 37. Full Article
ay BRITs 2020: Maya Jama wears black gown as ex Stormzy wins By www.dailymail.co.uk Published On :: Wed, 19 Feb 2020 02:52:31 GMT The presenter looked stunning in a sweeping black gown as she made her way into London's O2 Arena ahead of the star-studded ceremony. Full Article
ay ITV2 pays a touching tribute to Caroline Flack in the BRIT Awards red carpet show By www.dailymail.co.uk Published On :: Wed, 19 Feb 2020 13:09:38 GMT The channel shared a brief message at the end of the pre-awards programme, after the Love Island host presented the same show back in 2010. Caroline was found dead in her London flat on Saturday. Full Article
ay BRITs 2020: Mabel displays her jaw-dropping figure in cleavage-baring red minidress By www.dailymail.co.uk Published On :: Wed, 19 Feb 2020 20:51:55 GMT The singer, 23, displayed her daring sense of style as she attended the BRIT Awards afterparty at the InterContinental Hotel in London on Tuesday Full Article
ay Irina Shayk cuts a casual figure as she arrives in Milan ahead of Fashion Week By www.dailymail.co.uk Published On :: Thu, 20 Feb 2020 00:42:29 GMT The model, 34, looked cool and casual as she slipped back into work mode ahead of the Italian city's Fashion Week on Wednesday. Full Article
ay Irina Shayk displays her trendy sense of style as she attends Furla event during Milan Fashion Week By www.dailymail.co.uk Published On :: Fri, 21 Feb 2020 12:32:55 GMT Styling her brunette locks into an updo, Irina, 34, completed her look for the day with a pair of dark sunglasses Full Article
ay BRITs 2020: Maya Jama attends same afterparty as ex Stormzy following rapper's big win By www.dailymail.co.uk Published On :: Sun, 23 Feb 2020 15:27:40 GMT She was among the audience members when her ex-boyfriend Stormzy triumphed at the 2020 BRIT Awards on Tuesday night. Full Article
ay BRITs 2020: Maya Jama shares hilarious post about her 'toxic ex' on social media By www.dailymail.co.uk Published On :: Sun, 23 Feb 2020 15:28:49 GMT Maya Jama partied up a storm at the Warner music afterparty at the Chiltern Firehouse on Tuesday night, where her ex, Stormzy was also in attendance. Full Article
ay Bayern Munich convinced Leroy Sane wants transfer but only significant obstacle left is agreeing fee By Published On :: Sat, 09 May 2020 16:35:13 +0100 Bayern Munich were in hot pursuit of the City winger - who has been out since the start of the season after sustaining anterior knee ligament damage - last summer but a move failed to come to fruition. Full Article
ay No evidence of Russian interference in Brexit via Facebook, says Clegg By www.dailymail.co.uk Published On :: Mon, 24 Jun 2019 17:30:34 GMT The former deputy prime minister suggested people claiming that Russia had influenced the EU referendum result through Facebook were engaged in perpetuating a 'myth'. Full Article
ay Car tax proposal buried in Budget could see some drivers pay £2,000 By www.dailymail.co.uk Published On :: Thu, 12 Mar 2020 09:50:07 GMT Motorists could be stung with significantly higher car tax after the government suggested it could bring it back in line with C02 emissions to hit owners of the dirtiest models hardest. Full Article
ay Drivers will soon see a REAL fuel price war kick off, says ROB HULL By www.dailymail.co.uk Published On :: Fri, 13 Mar 2020 14:04:22 GMT With markets opening this week to the biggest crash in oil price since the 1991 Gulf War, motorist would have been rubbing their hands together with the prospect of paying less at the pumps. But they aren't. Full Article
ay RAY MASSEY: Volvo's new XC40 family SUV is pure pleasure By www.dailymail.co.uk Published On :: Mon, 16 Mar 2020 10:14:26 GMT The Swedish maker, now owned by China's Geely, is driving hard towards electricification (its 'Pure' mode) and to have a plug-in hybrid or fully electric option across its entire range. Full Article
ay RAY MASSEY meets the British supercar dealer Tom Hartley By www.dailymail.co.uk Published On :: Sat, 21 Mar 2020 11:03:07 GMT Supercar dealer Tom Hartley provides a welcome splash of vibrant colour in our grey corporate landscape as Britain's - and arguably the world's - best-known independent car dealer. Full Article
ay DVSA says it is 'urgently' looking into safety recalls for cars during Covid-19 lockdown By www.dailymail.co.uk Published On :: Fri, 27 Mar 2020 15:59:37 GMT Andrew Hebbs, 67 (pictured), told us this week that an appointment with a Toyota dealership for a recalled seatbelt fault on his Prius hybrid had been cancelled. Full Article
ay Payment holiday for car finance customers during coronavirus By www.dailymail.co.uk Published On :: Sat, 25 Apr 2020 07:40:59 GMT The Financial Conduct Authority said it was pressing ahead with the package of proposals to support people facing payment difficulties because of the pandemic. Full Article
ay The Mercedes SL R129 and how to drive a car that pays for itself By www.dailymail.co.uk Published On :: Thu, 06 Dec 2018 13:08:39 GMT Savvy buyers can pick up cars that will may only retain their value, but could be sold for more down the line. in our new Cash Cars column Tony Middlehurst looks for models that fit the bill Full Article
ay Sir Stirling Moss tragically dies aged 90 as his wife pays touching tribute By www.dailymail.co.uk Published On :: Sun, 12 Apr 2020 19:43:50 GMT The great motor-racing driver and one of the most lionised figures in the history of British sport, 'closed his eyes' in the early hours of Easter morning. Full Article
ay 'Sunday driver' effect causes more fatal accidents per head in rural areas By www.dailymail.co.uk Published On :: Tue, 14 Apr 2020 23:13:26 GMT Researchers studied car accidents in England and Wales over a decade to see if the size of the city a crash happened in affected its severity. Full Article
ay Car finance borrowers to get three-month payment holiday, FCA proposes By www.dailymail.co.uk Published On :: Fri, 17 Apr 2020 15:36:52 GMT The FCA said those who used PCPs, Hire Purchase or Conditional Sale agreements to buy a car would be able to temporarily put payments on hold without cars being repossessed. Full Article
ay Motorists can get a coronavirus car finance payment freeze By www.dailymail.co.uk Published On :: Fri, 24 Apr 2020 12:37:20 GMT Finance companies should not take steps to end the agreement or repossess the vehicle during the payment freeze period and customers will be allowed to continue driving their cars, says the FCA. Full Article
ay How much more do men pay for car insurance compared to women? By www.dailymail.co.uk Published On :: Wed, 29 Apr 2020 12:40:21 GMT On average, men pay £581 annually to insurance their motor and women £460, according to comparison website MoneySupermarket. Full Article
ay Rolls-Royce says it will be the first UK car maker to resume production from 4 May By www.dailymail.co.uk Published On :: Thu, 30 Apr 2020 13:51:30 GMT Bosses said that 1,000 employees - half the total workforce - would be back making Phantom, Wraith, Dawn and Cullinan models. Full Article
ay Ford publishes 64-page 'playbook' for car factories following Covid-19 By www.dailymail.co.uk Published On :: Mon, 04 May 2020 16:20:50 GMT The document outlines new measures, including temperature scans for all staff, requirements to wear face masks, working stations separated by 6 feet, and the closure of on-site gyms and canteens. Full Article