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Author: Pranali Lotlikar Chindarkar

Kamala Mills Fire: Fire victim was confident of bright career

Sarbajit Parida, the only resto-bar staff, who was killed in the mighty fire which broke out at 1Above, one of the most expensive pubs in Kamala Mills compound, on Thursday midnight, had dreams of making it big in Mumbai.Prakash Nayak, his cousin, recalls how Parida had mentioned that he is doing very well at work and that he was sure of reaching great heights in his profession and that too in a short span of time.Parida had completed his graduation and later had pursued a hotel management course after which he got a job as a waiter at 1Above. He belonged to a poor family, which earned its living through a small piece of farmland on which they cultivate grains once a year. Sarbajit’s father, Samarendra Parida, is a television mechanic and managed to raise him on the extra income he used to earn by repairing electronic devices.Nayak, while speaking to this correspondent, said, “Sarbajit was the only child of his parents and they had sent him to Mumbai owing to the trust they had in me as I had already been settled in the city for almost a decade. He would always tell me that he is too good at his work and that he would become a manager in a short span of time.”When asked what he can recall about the incident, Nayak said, “The moment I came across the news of the fire, I immediately tried to contact him, but as he did not pick up the phone, I was alarmed. I immediately rushed to the spot, but till then Sarbajit was dead. ”

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Was Prasad Purohit doing his duty, asks NIA

The court held, "During the course of arguments Col.Purohit submitted that Military intelligence officers have their own style of functioning unlike other civilian government officials. In short, according to him he was discharging his duties while doing these acts. To which the court observed that it may be true that military intelligence doesn't not work like other government agencies, but it has to be ascertained whether the official status of Purohit furnishes only the occasion or opportunity for doing the alleged acts or whether he was really doing his duty."”

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<!–end of artlbotbor–><!–end of artlsocl–>Written ByPranali Lotlikar Chindarkar <!–end of artlbotbor–>Friday 29 December 2017 1:05 ISTMust readOn Day 2, Mumbai commuters warm up to AC localMumbai: Man evades arrest for 15 years, found hiding inside washing machine in his apartment<!–end of artlmustredbx–><!–end of articllftpbx–>The Special NIA court has reasoned in it’s order copy as to why it refused to grant discharge to the prime accused Sadhavi Pragya Singh Thakur in the Malegaon blasts case, even after the NIA had claimed that there was not enough evidence against her, while replying to her bail application which was filed before the Bombay High Court. The court also reasoned why it didn’t consider claim of Lt.Col.Prasad Purohit.The court held, “During the course of arguments Col.Purohit submitted that Military intelligence officers have their own style of functioning unlike other civilian government officials. In short, according to him he was discharging his duties while doing these acts. To which the court observed that it may be true that military intelligence doesn’t not work like other government agencies, but it has to be ascertained whether the official status of Purohit furnishes only the occasion or opportunity for doing the alleged acts or whether he was really doing his duty.”

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ATS used Rakesh Dhawade to invoke MCOCA charges, says NIA

The Special National Investigation Agency (NIA) court in its detailed order copy, talking about stringent Maharahstra Control of Organised Crime Act (MCOCA) charges being dropped against the accused arrested in the Malegaon 2008 case has pointed out how Maharashtra Anti-Terrorism Squad (ATS) used the accused Rakesh Dhawade to invoke MCOCA charges in the case. The court, in its 130-page order copy mentioned that though Abhinav Bharat was not existent in 2003-2004, even then Dhawade was shown as a member of Abhinav Bharat and was dragged into the case.The court on Wednesday dropped the stringent MCOCA charges off all the accused and held them guilty of the Unlawful Activities Prevention Act (UAPA). Meanwhile Dhawade and one more accused were let off from the MCOCA charges and were only charged with the Arms act case. While three more accused were totally let off from the charges, whereas accused like Sadhavi Pragya Singh Thakur and Lt.Col. Prasad Purohit were charged with UAPA and other IPC charges.The court held that according to the ATS, Dhawade was involved in the bomb blasts at Parbhani in Mohamadiya Masjid which took place on November 21,2003 and the blast in Kadariya Masjid at Jalna which took place on August 27,2004. ATS claimed that Dhawade was the member of the Abhinav Bharat, the crime syndicate and that there was a prima facie evidence against him.”However it is to be noted that Dhawade was never ever arrested in the case anytime earlier, nor was he ever shown absconding or wanted by the ATS when the agency had charge sheeted other accused in the Jalna and Parbhani matters. However suddenly after Dhawade was arrested in the Malegaon 2008 blasts case on November 2,2008, he was immediately implicated in Jalna and Parbhani matters,” the order copy stated.”It appears from the recitals in the charge sheet in both cases that according to the prosecution the accused who were arrested and chargesheeted in those offences were connected with either Bajrang Dal or RSS.SIGH OF RELIEFATS claimed that Dhawade was the member of the Abhinav Bharat Dhawade and one more accused were let off from the MCOCA charges and were only charged with the Arms Act case.

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Malegaon blasts: Partial relief for Prasad Purohit, Sadhavi Pragya Singh

The special National Investigating Agency (NIA) court on Wednesday dropped the stringent MCOCA (Maharashtra Control of Organised Crime Act, 1999) charges against 2008 Malegaon Blasts accused Sadhavi Pragya Singh Thakur and Lt Col. Prasad Purohit, as well as four other. Instead, it charged them under the Unlawful Activities Prevention Act (UAPA) and several sections of the Indian Penal Code (IPC).According to the prosecution, Purohit and other accused had carried out the blast in Malegaon during Ramadan on September 29, 2008, which killed seven people. The court refused to accept NIA’s contention that there wasn’t sufficient material to hold up the chargesagainst Thakur. NIA had earlier given her clean chit while replying to her bail application in the Bombay High court. The court presided by Judge S D Tekale was hearing discharge applications filed by the accused in the case. In its final orders, Pragya Thakur, Major Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Lt.col.Prasad Purohit, Sudhakar Dhar Diwedi and Sudhakar Chaturvedi were discharged of the MCOCA charges, and will now be tried only under UAPA and the IPC.The court also granted a clean chit to three accused – Shivnarayan Kalsangra, Shyam Sahu and Praveen Takalki. Two others — Rakesh Dhawade and Jagdish Mhatre – were also let off from all stringent acts andinstead were charged under the Arms Act.The court said there is no proof to substantiate the claim that one of the accused Dhawade was involved in the Jalna and Parbhani Mosque blast case which took place in 2003-2004, . “The Anti Terrorism Squad (ATS) had earlier claimed that the accused were members of the Abhinav Bharat, a right-wing Hindu organisation, and had conspired to execute blasts in mosques in Jalna and Parbhani. However, there is nothing to substantiate that Abhinav Bharat was in existence then. There is also no material to show that during that period, Dhawade had any connection with the rest of the Malegaon 2008 blast case accused. In such circumstances, it cannot be said that accused committed the act in Parbhani and Jalna as a member of Abhinav Bharat. Hence MCOCA cannot be applied to them,” held the court.Speaking about Pragya’s role in the blast, the court held, “Considering all evidence at this stage, it can be said that Thakur had knowledge about the involvement of her motorcycle in the blast and (she expressed)dissatisfaction about causing fewer casualties. Hence it is difficult to accept submission on behalf of Thakur that she had no concern with the present crime as she had been exonerated by NIA.”The verdict came as a relief to Purohit’s wife, Aparna. “Due to the MCOCA, he (Purohit) had to spend nine years in jail. We are happy that finally those charges have been dropped,” she said. “We will fight out the rest of the charges the way we have been fighting since day one. Dropping MCOCA is a small step towards justice, but there’s still a long way to go.”The timeline Sept 29, 2008 Six killed & over 70 injured in bomb blasts in MalegaonOct 24, 2008 Sadhvi Pragya Singh Thakur and 2 others arrestedNov 5, 2008 ATS arrests Lt Col Prasad Purohit for supplying money & explosivesJuly 31, 2009 Special MCOCA court drops charges against all 11 accused. Bom HC reinstates them in 2010

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CBI fails to keep accused in Rs 180 cr fraud behind bars

The special Central Bureau of Investigation (CBI) court pulled up the agency for opposing the bail application of one of accused arrested by the agency in a corruption case, as the agency failed to give proper reasoning for opposing his bail. The court held that the accused Pavan Saini, a Rajasthan resident, has assured to co-operate with the investigating officer also the agency does not say if the accused will flee, thus there seems no reason to not to let the accused free on bail.A case was registered by the CBI against Suja Koshi and many others, which included Saini. CBI alleged that a fraud of Rs 180 crores pertaining to misappropriation of amount by transferring through Jawaharlal Nehru Port Trust (JNPT) to oriental bank of commerce, Malad branch, for purpose of creating term deposit on February 12 and 17,2014 and that the fraud have been committed by all of the accused.The accused in his plea had claimed that most of the accused who were arrested in the case were granted bail and thus on the ground of parity, even he should be granted bail.The CBI in their reply had said that the accused was involved in very serious economic offence involved in fraud of around Rs 180 crores. His role is very serious. The accused deserves no leniency in such fraud of huge amount. He along with other accused has caused serious injury to the economic fabric of nation.The court in its order said, “The grounds of objection raised by the CBI does not reveal that the accused may flee from clutches of law or he may not appear at time of hearing. The presence of accused can be secured by imposing condition. The trial will take its own time. The nature of offense is such that the custody of accused for further investigation is not required. If he is kept in custody, there is every possibility of he coming in contact with harden criminals and hence in the interest of justice, the accused should be released on bail.”

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Travel co to compensate family

The State consumer dispute redressal commission had pulled up Cox and King limited, travel company for failing to provide a South-Mumbai based family with a proper tour guide for their trip to London. The commission has asked the firm to pay a compensation of Rs 25,000 to the eight major family members, while Rs 10,000 towards the minors of the family. The commission has also asked the firm to pay back Rs 29,891 to all 11 complainants as the firm failed to take them to a few places as promised in the itinerary. The forum also asked the firm to pay Rs 10,000 each towards their litigation charges. Anurag Saxena and his family planned a London trip in May 2011 and accordingly made the bookings through Cox and King.According to the complainant, a 11-day Europe trip was booked for which they had paid Rs 12,20,736. The complainants were informed that their tour manager Anthony will remain present along with them throughout the trip. However, when the reached the London airport on May 28, 2011, a person named Jasbir Singh came and introduced himself to be their tour manager. Deficiency in service was seen right from the first day of the tour when Singh did it know the details of the tour and the places to be shown to the complainants in the tour.

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Insurance firm directed to repay with interest

The Consumer Dispute Redressal Forum of Central Mumbai has ordered ICICI Lombard General Company Limited to pay the insurance claim amount of Rs 10 lakh, which the insurance claim had wrongly repudiated, to the consumer. The forum, in its orders, held that there was a deficiency in the services promised by the firm to its consumer, thus asked the firm to repay the insurance cover along with interest at the rate of nine per cent.The forum also levied an additional amount of Rs 10,000 each towards the mental agony suffered and the litigation charges incurred by the complainant.Pravinchandra Mohanlal Shah, a Bhandup resident, had purchased an insurance policy from the firm which was valid from February 2016 to February 2021. The policy, which was purchased in the name of his wife Vasundhara Shah, had mentioned that it provided death cover in the case of accidental deaths.In November 2016, Vasundhara had a fall and suffered a hip fracture for which she underwent a surgery. She was discharged from the hospital on December 11, 2016 but unfortunately passed away two days later. Pravinchandra sought death cover claim which the insurance had promised however the firm repudiated his claim.

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Can’t access Peter Mukerjea’s calls, court to Indrani Mukerjea

The special Central Bureau of Investigation (CBI) court on Thursday asked Indrani Mukerjea to not step into the prosecution’s shoes and to not to divert the trial against Peter Mukerjea, while rejecting her application to access Peter’s call data records (CDR). The court also mentioned that she is trying to point fingers towards other accused.Indrani had filed an application before the court seeking for the CDR of Peter alleging that Peter and her driver, Syamwar Rai, an accused turned approver in the case, were allegedly involved in disappearance of her daughter Sheena Bora.The court presided by judge J C Jagdale is conducting the trial in the Sheena Bora murder case. According to the prosecution’s case, Indrani, her ex-husband Sanjeev Khanna and her driver Syamwar Rai allegedly killed Sheena on April 24,2015 and later disposed off her body. The police later arrested Peter Mukerjea for his involvement.It is learnt that the court has relied on the Bombay High court’s citation where the High court in a similar application, had held,that when a statement of accused does not amount to confession that is when it is wholly or partly exculpatory, it cannot be used against co-accused. For making use of it against the co-accused statement of accused must amount to a distinct confession of his own guilt. Self exculpatory statement of accused cannot be used to infer guilt of co-accused.Also, the court mentioned that it is nowhere that Indrani is claiming her involvement or complicity in commission of offence and hence her statement cannot be called as exculpatory statement, but she is trying to point finger to co-accused.The court has also made a mention of the fact that Indrani’s lawyer had accepted that the allegations mentioned in the application was outburst of emotions, and thus refused to accept the application as the judicial decisions cannot be taken on the basis of emotional outburst of the party.

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ICJ’s Justice Dalveer Bhandari urges people spread compassion

Be compassionate and kind towards each other. This was the message Justice Dalveer Bhandari delivered at an event organised on the occasion of the Human Rights Day on Sunday.The newly inducted member of the International Court of Justice quoted the Dalai Lama to stress that the qualities of love and compassion are necessities and not luxuries, without which humanity cannot survive.Bhandari was speaking at an award function was organised by the Harmony Foundation to felicitate several organisations across the world for their excellence in serving humanity in their individual manner.The event was also attended by several dignitaries. Justice Bhandari was recently elected for a new term at the Hague world court.Justice Bhandari’s message to spread love and compassion comes at time when the nation’s conscience was shaken by the brutal killing of a migrant worker in Rajasthan.On the messages of The Dalai Lama’s, he said, “Whether one believes in religion or not, whether one believes in re-birth or not, there is nobody who does not appreciate kindness and compassion.”

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Legal experts for taking locker theft case to consumer court

Legal experts in the Consumer Protection Act say that the bank locker theft case — where many consumers lost their valuables — is approachable through the consumer court as the bank is at fault. They, however, added that it would be a challenge for the consumers to claim for the losses in absence of any evidence to prove their claim. It is going to be a case where the consumer, in absence of the evidence, must generate confidence in their claim for the court to believe them.Advocate Shirish Deshpande, chairman of Mumbai Grahak Panchayat, is confident enough that the case is fit for the consumers to fight in the consumer’s forum as there was a severe breach of trust from the bank’s end.Consumers used to pay for the lockers which they were using, but the services were not provided.The main concern is the quantum of compensation, as people will not be able to establish their claim. As most of the bills of jewelry kept in lockers are not traceable.Advocate Deshpande claims that to avoid such instances in future, the banks should mandatorily ask its consumers to insure their valuables.Consumers who have lost their valuables in a bank locker theft case which took place in a Navi Mumbai branch of Bank of Baroda in November, have already slapped the bank with a notice, informing that they would be pulling the bank to the consumer forum for its deficiency in services.Praveen Thakur, a victim, while speaking to DNA said, “I had valuables worth Rs 20 lakh in my locker — which included many gold and silver ornaments. I have lost everything.
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Yogi Adityanath


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Delay no reason for relief in child sex abuse cases: Court

The special Protection of Children from Sexual Offences Act (POCSOA) court while justifying a delay caused in registering of FIR in a POCSOA case held that the parents and the family members of the girl child would think twice before registering a sexual harassment offence, which their child had gone through. The court while refusing to accept the defence placed on record by the 35 year old Sion resident, Jasbeersingh Baas, held the man guilty of molestation charges and sentenced him to three years of rigorous improvement along with a fine of Rs 22,000.The court in its orders held, “The victim’s mother had explained the delay by saying that her parents-in-law and husband were not at home so she had not lodged the report immediately, hence the delay is properly explained.Parents and the family members would always think twice before lodging the report as regards to a girl child. In context with Indian society, the female member cannot take such decision to file a case pertaining to child without support of family. So, delay caused is properly explained that victim’s mother lodged report when her husband, parent-in-law came.”According to the prosecution’s case, the victim, a nine year old girl, was abducted by Baas and was sexually molested. The child ran to her mother and informed that a ‘Sardaarji Uncle’ did wrong act with her and pointed out towards his house. The child in her statement said that the accused had lured her with chocolates and took her at his house and molested her. However the FIR in the case was not registered immediately as she claimed that there was no one present at her house when the incident took place and so she had to wait for her family to decide on the aspect of registering the complaint.The defence was of the view that he had slapped the child, as she had blown soil in his eyes, and just to take a revenge, a complaint under the stringent POCSOA charges against him and he was wrongly implicated in the case.The court however, after going through the evidence put up by the prosecution as well as after going through the statement of the child found confidence in the her statement. Also witnesses produced by the prosecution had supported the case.
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Builder cites litigation to defy order of consumer panel, fined Rs 20,000

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Builders can no longer use ‘pending civil legal petition’ as pretext for denying compensation levied over delay in handing over possession of booked flats. The State Consumer Redressal Commission recently penalised a builder who refused to compensate a consumer, despite the District Forum ruling in favour of the consumer.The commission in its order held that on the pretext of mere pendency of litigation in Bombay High Court it cannot agree that execution of DF’s order is not possible by the builder. The commission also imposed Rs 20,000 fine in addition to the costs already imposed by the DF against the builder. Thane resident Amarnath Singh had approached M/s Everlasting & Co. in 1988 to book a flat and a shop in its development raised in Ghodbunder road. A flat with an area of 599 sq ft was booked for a cost of Rs. 3,69,750 of which he had paid Rs 2,85,971, while a shop measuring 260 sq ft was booked for Rs 1,58,500 of which Rs 1,38,936 was already paid. Despite the fact that the buildings were completed, on the ground of pending litigation in the High Court, the complainant was deprived of fruits of the award. There were agreements to sell flat and shop in favour of the complainant long back on November 1,1988 and the builder had promised to hand over possession and the conveyance pursuant to the agreements.The complainant after a long wait had approached the Thane district consumer forum, where the developer contended that though buildings are complete, they are not in a position to comply with DF’s order due to a status quo order by the Bombay High Court. The forum however had asked the developer to solve the issue at his own end and accept the balance amount from the consumer and hand over the flat and the shop. The forum further had also asked the developer to pay Rs 1,92,500 towards the rent occurred towards the complainant along with Rs 50,000 towards his mental harassment and Rs 20,000 towards the litigation charges.The developer again failed to abide by the forum’s order quoting the same grounds of status- quo order passed by the High court.EXCUSE NOT OKThe commission in its order said that civil litigation cannot be used as a pretext to deny compensation Once a final order is passed in favour of the consumer, it has to be enforced, said the commission

Strong evidence provided by police: Ujjwal Nikam

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Advocate Ujjwal Nikam on Saturday successfully added one more feather to his cap after the Sessions court of Ahmednagar held the three men arrested in the rape and murder of a 14-year-old girl in Kopardi village of Ahmednagar guilty.Till date, Nikam has been successful in attracting as many as 635 life imprisonments and 41 death penalties for accused in his career as a special public prosecutor.While speaking about the matter, Nikam said that it was a very tough case as there was no direct evidence in the case, and was entirely based on circumstantial evidence.”The prosecution was successful in proving the chain of circumstances which resulted in the conviction of the accused,” Nikam said.Initially, the police had not slapped the accused with conspiracy charges. It was the prosecution who made a plea to include the charges in the court and was successful in proving it along with other charges.Nikam said that the matter was closely followed by people across strata. However, he still managed not to distract himself and was successful in completing the trial in five months.”The evidence provided by the police was also very strong. There was a disclosure about the statement of the deceased which helped the case. There were total 31 witnesses in the case, who were examined by the prosecution and all supported the case,” said Nikam.

Love, shaadi aur dhoka: How this Mumbai woman was conned by her student

<!– /11440465/Dna_Article_Middle_300x250_BTF –>She was successfully running her English coaching class. He enrolled in her class and was smitten by her. Soon, they got married. But one day, he disappeared and her world came crashing down to a stark reality that not only was he was already married but the very relationship was just a lie to con her.This the story of a Dadar resident who is now running pillar to post to get back her money. Though to her solace, the Session Court has denied bail to Bharat Ugale, her sham husband.The 34-year-old not only convinced her that he loves her, but also staged a drama to get monetary help for his ‘mother suffering from cancer’.All this started in 2014, when they both fell in love, got married and started living together. Even before the marriage, Ugale asked for victim’s help on pretext of his ‘mother’s treatment’.But all this changed in April this year, when he stopped meeting the complainant. Finally, one day she received message from an unknown number that there is some bad news about the accused. Afraid of the news, the complainant approached the Shivaji Nagar police station and registered a complaint.It was then that the complainant got to know that the accused was already married and staying with his first wife and child in Dombivali.Complainant also alleged that she was cheated to the several crores.

Mallika Sherawat’s brother acquitted in misfiring case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Andheri metropolitan magistrate court acquitted Vikram Lamba, brother of actress Mallika Sherawat in a misfiring case that was registered against him in 2011. The court held that there was no recovery of cartridges from the house of the accused. Also, the prosecution could not prove the guilt of accusedLamba was booked after residents near Seven Bungalow area at Andheri (West) called up the police control room saying they heard a firing sound.After the complaint, the sleuths investigated and allegedly had found bullet marks on the wall of the fisheries department. A 20-year-old man sustained minor injuries when glass pieces fell on him due to the impact of the firing.Virendra Saxena, a TV actor, who claimed to have heard the firing sound, was also called to the police station to record his statement.

Youth gets 3-yr jail for mobile theft in train

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A 21-year-old Mahim resident who was found guilty in a mobile theft case, registered by the Bandra Railway police station, was sentenced to three years of rigorous imprisonment by the Session’s court. The court, in its orders, refused to release the accused on probation claiming that the only place to improve himself is the jail and that the accused could take this as a lesson. The court also held that as such incidents are in trend, and such cases need to be dealt with an iron hand rather than granting release on probation.The court held, “The act of the accused regarding dealing a blow on the hand of the passenger who was travelling on a local train is certainly a serious one. It was dangerous to the safety of the passenger. He has committed this act with a knowledge and intention to obtain wrongful gains, irrespective of the safety of the passenger. Considering this, the accused is to be dealt with an iron hand instead of extending the benefit of probation. There is a possibility of obtaining vocational training in the jail if he desires. In my view punishment is the only way to allow him to improve himself.”A crime had been registered with the Bandra Railway police against Alex Joseph by Santa Cruz resident Divakar Jha. According to Jha, on June 12, 2017, he had boarded a local train from Mahim station. When the train reached Bandra, the accused, who was on a train heading towards Churchgate dealt a blow on Jha’s hand and his mobile phone fell down. Meanwhile, on the same day, the railway police caught the accused while he was trying to commit theft and recovered the phone from him.The court orderThe court, in its order, refused to release the accused on probation claiming that the only place to improve himself is the jail and that the accused could take this as a lesson.

Man accused of keeping disabled boy as ‘domestic help’, denied bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Kalachowky based 56 year old Sunil Shah, was denied bail by the Sessions court after the prosecution was successful in showing the court that the accused got a minor boy from Bihar to Mumbai on pretext of giving him medical treatment and had forced him to get into domestic work.The court while denying bail to the man said, Prima facie there is evidence to show that a boy aged seven years who is handicapped by his hand was brought from Bihar under the pretext of medical treatment and education, taking advantage of his poor financial condition and he was doing household work in the house of accused, thus denied bail.The boy in his statement claimed that he was asked to help in the domestic house hold work and was forced to do it. The prosecution in its case said that the accused had brought the boy to Mumbai with an intention of providing him education as well as medical assistance, but he was provided with neither of them.The defence however was of the claim that the child was never forced into any domestic work, however he voluntarily used to help in the house hold work.The prosecution denied the fact that the accused had intentions of they providing the child with education as non of the family members had any knowledge of the birth details of the child, which thus rules out the defence’s claim of they getting the child to Mumbai with an intention to educate him.

Hand over flat or repay buyer with interest

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The state consumer dispute redressal commission has held a Dadar-based builder, M/S Gharandaj builders, guilty of failing to hand over a flat which a Bhandup-based man booked in 2006. The commission has asked the builder to hand over the possession of the promised flat to the complainant along with its occupation certificate. In case the developer fails to do so, the commission has ordered that it can either hand over some other flat measuring the same area in the same locality, or return the paid money with 18 per cent interest from 2016.The commission in its order held that it was clear that although the complainant, Vishnu Chaudhari, had deposited an amount of Rs 14 lakh with the firm, it had failed to hand over possession of the flat to the complainant. Hence, the complainant is entitled to get possession of the flat along with an ancillary relief of Rs 5 lakh towards the complainant’s mental agony and Rs 10,000 towards his litigation charges.

I-T returns don’t suggest actual income: Sessions Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Hearing a revision application filed by a south Mumbai resident locked in a legal dispute with her estranged husband and his parents over maintenance and alimony due to her, the Sessions Court has upheld her argument that income tax returns alone may not reflect her estranged husband’s actual income. It has, therefore, allowed the woman to examine witnesses to establish her estranged husband’s true income.The Sessions Court held that the woman must receive an opportunity on merit to prove her claim to have a just decision. Katy Nowzer Mehta, 57, who was married to Nowzer Keki Mehta, 62, in 1993, was allegedly forced to leave her matrimonial house in April 2010. Katy had filed a criminal case against Nowzer under the Protection of Women from Domestic Violence Act.At the trial state, when Katy pleaded before the lower court for reasonable maintenance and alimony, Nowzer, who according to Katy, had 39 per cent shares in Bharat Petroleum Corporation Limited, had allegedly transferred some of his shares, retaining just 10 per cent of the shares for himself.Katy alleged that this was a deliberate ploy to deprive her of the right maintenance and alimony amount. She had thus filed an application before the lower court to allow her to examine witnesses to establish Nowzer’s real income.The lower court, however, rejected the application and directed Nowzer to submit his documents, either income tax return or any other document, reflecting his income to the extent of his shares in BPCL over the past five years.In an appeal filed before the Sessions Court, Katy had argued, “It is her indefensible right to pray for the summoning of witnesses if the evidence appears to be essential to just decision of the case. Also, just a self-attested photocopy of the income tax return cannot be considered, and the return does not disclose the real income of the person. The examination of witnesses is not going to cause any prejudice to Nowzer, but on the contrary, she will be precluded from proving the real income of her husband.”The appeal was, however, opposed by Nowzer, claiming that there was no merit in the application.The court at the time of passing orders held, “It appeared that the wife is claiming that there is specific income of her husband, whereas husband was claiming that he is not earning to that extent. In such situation, when wife desires to examine the in-charge of the Gas Supplier/Agency in which her husband had some share, she must receive an opportunity on merit to prove her claim to have a just decision.”It added, “Though income tax documents were filed on record showing the income, the Bombay High Court in Criminal Writ Petition filed by one Pinky Mahendra Kumar Jain which was decided on October 6, 2017, ruled that income tax documents do not reflect the true picture of the income of the parties. The High Court in its orders had then directed the trial court to take into consideration the lifestyle of the parties and all other aspects. In such situation, the application of wife is entitled to be allowed to prove her claim on merit. No prejudice is going to be caused to her husband as he has every opportunity of cross-examining the witness.”THE CASEKaty Mehta, who was married to Nowzer Keki Mehta in 1993, was allegedly forced to leave her matrimonial house in 2010. She had filed a criminal case against Nowzer.
Her husband had 39 per cent shares in BPCL. However, he allegedly transferred some of his shares, retaining just 10 per cent of the shares for himself.

Mumbai sessions court acquits duo who allegedly abused man’s caste

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Mumbai sessions court acquitted two gym trainers after evidence showed that they were falsely implicated in a case where they were accused of abusing a man’s caste.The special court designated to hear SC/ST cases in its verdict said that the allegations of abusing the complainant was slapped against the gym trainers as there was a conflict between them and the complainant.Mangesh Pawar, a resident of Goregaon, was a member of Siddhivinayak Mitra Mandal for 20 years. The gym trainers were also part of the same mandal. Pawar was reportedly removed from the mandal two years ago.In his complaint, Pawar alleged that on June 23, 2013, the duo abused him of his caste and assaulted him. He then approached the Vanrai police station and filed a complaint.The court after going through the evidence held that the accused and the complainant had differences among them and thus a complaint was filed against them.

Court pulls up NCP MLA Ramesh Kadam for interfering with hearing

<!– /11440465/Dna_Article_Middle_300x250_BTF –>While hearing applications filed by Nationalist Congress Party (NCP) MLA Ramesh Kadam, the sessions court on Monday, asked the petitioner to be within his limits while he interfered with the court’s proceedings. The case was being presided over by judge Govind Sanap.The court was hearing a bunch of applications filed by Kadam as well as the jailor. One of the applications had also challenged the appointment of the prosecutor in the matter.Kadam, who is arrested in a case of money embezzlement, pleaded the court that he should be allowed to argue in person, which the court had allowed. He had put forth his application in which he challenged the appointment of the Special Public Prosecutor (SPP) Pravin Chavan.In his argument, Kadam claimed that the SPP was allegedly bribed. Meanwhile, when the court was about to direct the SPP to produce the required documents, Kadam interfered several times. It was then the court ordered Kadam to be in his limits.Further, the Jailor of the Byculla prison also filed an application in the court claiming that Kadam is creating nuisance in the prison and that he should be transferred to Arthur road jail and kept in ANDA cell. The court is yet to pass orders in the same.

Compensate buyer for faulty car, dealer told

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Central Mumbai Consumer Dispute Redressal Forum has directed Skoda Auto India Pvt Ltd and a dealer of Skoda cars to either provide a new car or return the car’s entire cost, Rs 10,61,556, with nine per cent interest from 2016 to a consumer who was sold a faulty car. Further, the forum directed them to cough up Rs 25,000 towards the complainant’s mental agony and Rs 10,000 towards his litigation charges.Reuben Buthello, a Kurla resident, purchased a Skoda car from a Prabhadevi-based dealer in March 2014. The car faced engine problems on four occasions between May and November 2015, and even after repeated repairs, the company failed to identify the defect. The consumer thus asked for a replacement. However, he was neither given a refund nor a new car. Aggrieved, he approached the forum and filed a case.The forum asked the company and its dealer to file their say, to which the company held that the transaction had taken place between the dealer and the complainant and thus it was not liable to pay for the losses. Whereas the dealer held that there was no deficiency and thus the plea should be dismissed.

Journalist J Dey murder case: Prosecution’s prime witness becomes untraceable

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The prosecution on Wednesday had informed the MCOCA court that the prime witness in the journalist Jyotirmoy Dey’s murder case, an eye witness had become untraceable. The court has directed the prosecution to find the witness till the time the prosecution does not complete providing its evidence, however if not found till then, then the court would not waste its time searching him, but would proceed with the case ahead.The prosecution also held that if the agency fails to find him in next 15-20 days, which is the estimated time to complete the evidence, then the prosecution would drop his name from examination.Special public prosecutor, Pradeep Gharat while speaking to DNA confirmed the fact, but added that his team is still searching for the witness. “Our officers had been to the house of the witness to serve summons, when they were informed by the witnesses’ family members that the identity of the witness has been allegedly leaked to the accused and who have allegedly threatened him with consequences. Thus, the witness is afraid to come on record and has gone missing and even the family is not in a position to inform us about his address.”Advocate Gharat further added that till date the prosecution has examined 145 witnesses in the matter and is yet to examine eight to ten more witnesses. “I have informed the cops that they have still 15-20 days to find the witness and if they fail in tracing him, then we shall drop his name,”Gharat added.Dey, a veteran crime reporter, was shot dead near his residence at Hiranandani Gardens in Powai on June 11, 2011, by motorcycle-borne shooters allegedly at Rajan’s command. Four persons on two bikes fired at Dey, who was also riding a bike. After the attack, he was rushed to a nearby hospital where he was declared brought dead.

Pay up benefits to snake-bite victim’s kin: Risk firm told

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The South Mumbai district consumer dispute redressal forum held HDFC Standard Life Insurance company guilty of providing faulty services to one of its consumers, and ordered the firm to pay his family the premium amount of Rs 5 lakh along with nine per cent interest from 2009.The forum held that the deceased, whose family had asked for the benefits from the policy, was a regular premium payer and thus his family deserved the policy benefits. The forum also ordered the firm to pay the family Rs 10,000 towards their mental agony, and an additional Rs 2,000 towards the complainant’s litigation charges.The forum in its order stated: “There is no dispute regarding the policy and cause of death. The only reason for repudiation of the claim was that the complainant did not disclose the facts in the proposal form. It is pertinent to note that complainant was a regular premium payer and hence the forum is of the view that there is no fundamental breach of contract and the contention raised by the firm that the deceased fraudulently suppressed material facts, cannot be proved.”Gop Varjani, a businessmen, had approached the Churchgate-based firm seeking to invest his money in a life insurance plan. The main objective of getting the money invested was to avail the benefits of his savings during his old age.

Company asked to pay up for service failure

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The District Consumer Dispute Redressal Forum (Mumbai Suburban) has pulled up a Jogeshwari-based firm that provides water purifier services for cheating a consumer by failing to service his water purifier beyond a period of five years despite the consumer signing a lifetime servicing contract with the firm.The forum has directed the firm to return the Rs 10,000 which the consumer had paid towards the purchase of services, and also asked the firm to pay an additional amount of Rs 10,000 towards the complainant’s mental agony.In its order, the forum held that as per the contract signed between the service provider, Rubicon RO Pvt Ltd, and the complainant, Rohit Somani, the firm had promised lifetime servicing of Somani’s water purifier but the services were stalled immediately after five years.”The firm’s attitude displayed a total denial in providing services to its consumer who had paid money towards the services. Also, the services which were provided for a limited time of five years were faulty. The forum had asked the firm to file its reply in the case but there was no reply from the firm’s end,” held the forum.In November 2008, Somani, a Malad resident, had signed a contract with the service provider for lifetime servicing of his water purifier for an amount of Rs 13,500, according to which the firm was supposed to change the purifier’s cartridge every year but this procedure was done only twice in five years. Further, after five years, the firm stopped providing services to Somani. When questioned, the firm said that the contract was only for a period of five years.TAKING ACTIONSomani sent several letters to the firm which went unanswered. A legal notice served by Somani also went unanswered, following which he approached the forum with a complaint against the firm.

MACT refutes firm’s claims, directs it to cough up Rs 2L

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Motor Accident Claim Tribunal (MACT) dismissed the claims of an insurance firm, New India Assurance Co Ltd, that the owner of a tempo, which met with an accident, was not liable to be paid insurance as his driver was not holding a valid license and that the vehicle was overweight. The MACT also directed the firm to pay Rs 2 lakh towards the complainant’s medical expenses.The Tribunal held that the insurance firm had failed to prove its counter-arguments against the insurance amount’s payment. The firm had argued that not only did the tempo’s lack a valid license but also that the vehicle was overburdened with goods leading to the accident. The MACT held that the accident clearly took place due to a mechanical failure in the vehicle.The case dates back to March 9, 2011, when the tempo owned by Saeed Khan, a Dharavi resident, met with an accident in Dhol village after the driver of the goods vehicle, Ravindra Yadav, lost control of the vehicle.

Forum tells risk firm to pay medical claim of insured

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The District Consumer Dispute Redressal Forum of south Mumbai pulled up an insurance company for rejecting the complainant’s medical claim and directed the firm to pay the complainant’s medical bills worth Rs 38,015 along with an additional amount of Rs 10,000 towards the complainant’s mental agony. The forum also asked the firm to pay the complainant’s litigation costs. Explaining its rejection, the firm stated that there was no need for the complainant to get continuous medical supervision after undergoing gastroscopy.Vasantray Mody, a resident of New Queen’s Road at Opera House, had purchased a mediclaim policy from The Oriental Insurance Company. He had purchased the individual medical insurance policy and paid an approximate one-time premium of Rs 1.5 lakh. The policy was valid from March 20, 2013 to March 19, 2014. In the interim, Mody was advised by doctors to undergo an operation and was hospitalised for the same. He underwent gastroscopy and later submitted the hospital bills seeking reimbursement for his medical treatment.The insurance firm refused to reimburse the bills claiming that as per the norms of the policy, the complainant is not entitled to take hospitalisation for more than 24 hours, and since it was exceeded, the claim was repudiated.The forum, after going through the evidence brought in the record, held, “When the complainant submitted the claim, it was repudiated on March 5, 2014. As the complainant had paid the premium of the policy and the policy was in existence, therefore, we found that there is a deficiency in service and unfair trade practice on the part of the insurance firm as it repudiated the claim of the complainant without any reasonable cause.”

ACB court allows renewal of former minister’s passport

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A former minister in the state government, Kripa Shankar Singh, was allowed to renew his passport by the special Anti-corruption Bureau (ACB) court last week.The court held that the accused was a minister once upon a time and there is no chance that he will escape from the law. So, there is no reason why his passport should not be renewed.The court rejected the plea made by the prosecution when it stated that the passport authority is not impleaded and also the matter is a serious one. Singh, who was facing charges for disproportionate assets, had filed an application seeking for renewal of his passport as he wanted to travel to Dubai.The court in its orders held, “No doubt, the prosecution opposed the application that the offence is a serious one, but, again there is nothing on record to say that the accused may not return back. The accused was once a minister in the Government of Maharashtra and has permanent residency as well as property in India. Therefore, his fleeing away from justice does not appear to be probable one. Hence, in my view, the application needs to be allowed so as to issue a no-objection certificate for renewal of his passport.”Singh in his application held that his passport is expiring in January 2018. The application reads, “As per rules and regulations and circular of the authority if any person wants to travel abroad then his passport should be valid for the next six months from the date of his travel. Singh wants to travel to Dubai from October 18, 2017, to October 28, 2017. As such, his passport would not be in force for next six months from the date of his travel. Furthermore, as per the rules and regulations, policy, and circular, if any criminal case is pending then the passport cannot be renewed unless a permission is received from the court, thus seeking for NOC.”A charge sheet was filed against Kripa Shankar Singh, his wife Maltidevi, his son Narendra Mohan Singh, his daughter-in-law Ankita Singh and his son-in-law Vijay Singh for money laundering.THE CASESingh, who was facing charges in DA case, had filed an application seeking for renewal of his passport as he wanted to travel to Dubai.
Despite prosecution opposing, the court held that there is no reason to not allow the renewal of his passport.

Police botched up Ranka case probe: Kalpana Chavan

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Seeking conviction of the accused involved in the kidnapping and murder of 13-year-old Aditya Ranka, son of a diamond broker, proved to be tough for the prosecution, which slammed the police for their ‘shoddy probe’.According to police, Ranka was abducted and killed brutally by one Vrijesh Sanghvi, a friend of his cousin Himanshu. The police had alleged that Himanshu was the mastermind. The police had claimed that Himanshu and Sanghvi were into betting on cricket matches and had lost money in it. Aditya was kidnapped and ransom was demanded from his family to pay up debts.The sessions court on Monday convicted Sanghvi on charges of kidnapping and murdering Aditya.Aditya was initially kidnapped for money, but when Sanghvi realised that Aditya’s family was approaching the police, the accused got instructions to kill him in order to close the matter.The prosecution claimed that the police probe was shoddy and the very basics of performing a proper and authenticated panchnama was done poorly.”The police had botched up with the panchnama. The police had recovered CCTV footage of the accused with Aditya in the car, in which he looked playful in Sanghvi’s company. However, the police did not authenticate the footage, which is not admissible in court,” said Special Public Prosecutor Kalpana Chavan.She added, “During trial, I sought permission from the court to get CCTV footage which clearly showed Aditya accompanying the accused in his car. We then got the footage authenticated so that they can be used as evidence in court. Also, there were several witnesses of the total 44, who had supported the prosecution’s case. The prosecution was able to prove the case right from the point when the accused had picked up Aditya by convincing him for a long drive and then later murdering him. The prosecution could also prove that the accused then stashed the body in the car and dumped it on the Mumbai-Pune Expressway. This entire chain was proved with the help of CCTV footage and call data records of the accused. It was actually a tough fight for the prosecution.”Since the police did not provide sufficient evidence against Himanshu, he was acquitted in the case.HOW IT HAPPENEDAditya Ranka, 13-year-old son of diamond broker, abducted and killed
Cousin Himanshu, suspected to be mastermind, acquitted due to lack of evidence
Cousin’s friend Vrijesh Sanghvi convicted

Manjula Shetye case: Jailor looked shaky, says Arthur Rd inmate

<!– /11440465/Dna_Article_Middle_300x250_BTF –>One of the inmates of Byculla prison in her police statement had claimed that jailor Manisha Pokharkar looked worried and could sense problems ahead for her after convict and warden Manjula Shetye was allegedly assaulted by the prison staff and she had fallen unconscious, in June this year.Co-inmate Salma Ansari was shifted from Yerwada prison to Byculla prison along with Shetye. Ansari said, “After the assault, one of the arrested jail staffers came to me and informed me that Manjula is handicapped for a month now as we have badly assaulted her. You are the next in turn, be careful and mind your step. The staffer told me that I am also a rebel like Manjula and I too would meet the same fate.”After Shetye was assaulted, her health deteriorated. Later, when she did not respond the jail staff rushed her to J J hospital. “Pokharkar could see problems coming and she left her son, who used to accompany her to the jail, to a prisoner and rushed Shetye to hospital. She looked very worried,” said Ansari.Manjula was assaulted by Pokharkar and other jail officials on June 23, 2017. The jail officials took rounds in assaulting her with sticks. Pokharkar kicked Shetye on her back and waist. After she passed away, the prisoners raised their voice against the violence and went on a rampage in the jail.

Shetye was asked to stop teaching yoga in prison

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The probe carried out by Mumbai Crime Branch in the alleged murder of convict Manjula Shetye revealed that after few other inmates had complained to a Byculla prison jailor against Shetye, the jailor had asked the latter to stop teaching yoga in prison.One of the inmates of the prison, Ranjana Rathod, in her police statement said, “Amruta Mathew and Varsha Nair were very disturbed when Shetye was transferred to Byculla prison and used to continuously complain about her to Pokharkar. Due to this, Pokharkar had asked Shetye to stop teaching yoga in jail. She was tortured in jail as she was put on work in the mornings and was again assigned night duty. At times she was so busy, she did not have time to bathe. Sometimes she would ask others to wash her saree.””On June 23, 2017, there was a round up of jail superintendent and Pokharkar had warned us to not to speak up or complain about anything. Manjula had then inquired with the superintendent about her transfer which she had sought, to which the superintendent mentioned he would process. After the round up was complete, jail guard Aarti came up and pulled Shetye by the hair and all jail guards along with Pokharkar madam rushed to the barrack and assaulted her with a stick. After the assault, Pokharkar madam came to our barrack and asked if Shetye had ever asked anyone to give her a body massage, which was affirmed by Mathew. After gathering the information Pokharkar again went to Shetye’s barrack and assaulted her,” reads the statement.Meanwhile other inmate mentioned of how Pokharkar had a hearty laugh and warned the inmates with similar consequences if anyone acted smart.

Byculla prison was happy to take in Shetye as warden

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Investigations into the Manjula Shetye murder case revealed that when Shetye, who was alleged beaten to death inside Byculla prison in June, was to be shifted to Byculla prison from Yerwada jail, a security management report was sought by the prison department from Byculla prison. Prison authorities in their report had stated they would accommodate Shetye and two other convicts in Mumbai jail as there was a shortage of staff to handle inmates and Shetye, who was made warden of her barracks, could easily maintain discipline.The Byculla prison report stated that the jail had all kinds of prisoners, including those held in Naxal and drugs case, thus the prison was well guarded. The security report also mentioned that Sheena Bora murder case accused Indrani Mukerjea was lodged in the same prison, and thus there was no reason to doubt the security forces deployed in the jail.Moreover, Shetye had sought a transfer back to Yerwada jail and had informed her brother Anant about alleged mismanagement and corruption inside Byculla prison. Anant’s statement is part of the charge-sheet filed by Mumbai Crime Branch.According to Anant, Shetye was a very sharp lady and was always recognised for her good work. She was also facilitated by Sabarmati Ashram for her good deeds. “Shetye was always into poetry and was active in maintaining discipline in jail; thus she was salaried for the same. She was also a regular yoga practitioner and was always fit and never had any ailments,” Anant’s statement read.Manjula and her mother were convicted in a criminal case and were sentenced to life imprisonment and were serving punishment in jail. However in 2016, after her mother passed away in Yerwada prison, she was shifted to Byculla prison in April 2017 as she could not stay there.IMPRISONMENTManjula and her mother were convicted in a criminal case and sentenced to life imprisonment and were serving time in jail. In 2016, after her mother passed away in Yerwada prison, she was shifted to Byculla prison in April

Consumer panel tells shop to return cash to AC buyer

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Mumbai suburban district’s consumer dispute redressal forum has pulled up an electronic store, Kohinoor Televideo, for wrongly slapping cancellation charges of Rs 10,000 against one of its consumers. The forum has asked to return the cancellation charges plus Rs 10,000 towards its consumer’s mental agony and Rs 5,000 for litigation charges.KS Arvindkumar, a resident of Four Bungalows, Andheri, had gone to the store for an air conditioner in 2014. He told the store about the planks fixed in his house for the air conditioner and had asked them to fix the new machine on the arrangement. Accordingly, the store accepted to the deal and delivered a Daiken air conditioner.However, the technical team who had visited the complainant’s house refused to fix it on the set up which was already there. The complainant informed the store and asked them to replace the AC. The store replaced the Daiken AC with a Carrier AC. However, it deducted Rs 10,000.The complainant had addressed legal notices to the store but it did not bother to respond. When the store did not respond to the consumer forum’s notice, it held that the store had provided faulty services to its consumer by deducting money as cancellation charges. It thus penalised the store.

Manjula Shetye’s death: Crime branch submits 990-page charge sheet

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The crime branch on Tuesday submitted a 990-page charge sheet against six prison officials who were arrested in the death of prisoner Manjula Shetye’s death case. Officials confirmed that there are a total 182 witnesses out of which 97 are jail inmates, while rest are jail officials and doctors.The officer on condition of anonymity said, “The charge sheet have mentioned two important witnesses, Indrani Mukerjea’s statement and Vaishali Mudane’s statement, who had testified against the jail officer. We will be also submitting the CCTV footage’s in the case, however it is not attached with the charge sheet, but will be submitted with the muddemaal (other documents).”The agency has slapped the accused with five sections, murder, destruction of evidence, criminal conspiracy, criminal intimidation and common intention. On June 6,2017, DNA, had published Vaishali’s statement which mentioned of how she was assaulted and dumped to the gallows of death allegedly by the accused officers. Vaishali was arrested in a prevention of corruption charges and was sharing barrack with Indrani and others in Byculla prison.The agency had arrested Bindu Naikode, Manisha Pokharkar, Wazima Sheikh, Sheetal Shegavkar, Surekha Gulwe and Aarti Shingne in the case.While Manjula was undergoing her jail term at the Central Yerwada Women’s Jail, she was promoted from an inmate to warden, based on her good behaviour, and was transferred to Byculla jail two months back. She was allegedly assaulted and killed on June 23.

Confessions to be enough in 1993 case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The special terrorist and disruptive activities (TADA) prevention court held in its judgment copy that the evidence, which was used by the prosecution while proving charges against the 1993 Mumbai serial blast convicts, could also be used against the 33 absconding accused, including mastermind Dawood Kaskar, Tiger Memon, Mohd Dossa when they are arrested.The court also said any direct evidence in the case could hardly be made available as secrecy was the hall mark of conspiracy. Thus, confessional statements were the only evidence to prove the guilt of the accused.Special public prosecutor Deepak Salvi, during the trial, had moved the Supreme Court to seek permission to allow the agency to use confessions, recorded in part A of the blasts case, be also used in part B, the current case.The Supreme Court also held that while allowing the applications, it ensured that the rights of the accused were safeguarded and that the accused were given an opportunity to meet the evidence, led by the prosecution in part A.The accused, accordingly, also exercised the right and cross examined the relevant witnessed.”The record reveals that in this trial 33 accused are still absconding. Nearly 23 years have passed and the absconding accused are not in India. It is a matter of record that prominent among them Dawood, Anees, Tiger, and Dossa have taken shelter in Pakistan.”

Taher Merchant, Firoz Khan beyond remorse: Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The special Terrorist and Disruptive Activities (prevention) court, in its 2164-page judgment while awarding death penalty to Taher Merchant and Firoz Khan, held that the two were beyond remorse and reformation and that the architects of the blasts do not deserve any less punishment. The court also stated that it has come on record that such huge volume of explosives was only used in the second world war before the Mumbai blasts.”Does an architect of the blast like the Taher Merchant can be heard saying that he deserved another chance for reformation and rehabilitation?” was the question asked by the special judge Govind Sanap in his judgment copy while putting forth the reason for awarding him a death penalty.The judgment copy reads, ” On the basis of the evidence, it has been proved that role of Taher is more serious than the role of Yakub Memon, who had been sentenced to death and hanged. It would be necessary to apply the law laid down by the Supreme court of India in the decision to the facts of the case of the accused Taher Merchant keeping in mind the extreme and high degree of brutality displayed by him.””There is ample evidence to establish that the conspiracy was hatched at the initial stage in Dubai. Three prominent gangs came together under the umbrella of their master Dawood Ibrahim Kaskar (the absconding accused). Those gangs were Tiger Memom gang, Dossa brothers’ gang and Eijaz Pathan’s gang. Once the conspiracy was agreed upon, they started working with the object of conspiracy to take it to logical end. It is proved that Tiger Memon, Taher Merchant and Ayub Memon worked together in Dubai. Ayub and Taher did not come to India and did not perform any act in India, but the arrangements were taken care by Tiger Memom. The evidence brought on record proves that the culpability of Taher in this episode was of highest degree,”reads the judgment copy.While speaking about Firoz Khan, the court mentioned that after the commission of the crime started living a very normal life, he and his father destroyed all the documents of his real identity.He went ahead creating the documents of his assumed identity as Hamza Abdul Rashid Khan, the twin brother of Firoz Khan.”He destroyed thousands of families in serial bomb blasts in Mumbai in 1993. Firoz settled with his family. He got married after the blasts. He has two children. Prosecution examined more than two dozen witnesses to prove the real identity of Firoz. With his identity as Hamza, he was moving in society freely after destroying thousands of families by committing heinous crime.”

Verdict will pass on tremors to accused who are absconding: CBI prosecutor Salvi

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Deepak Salvi, the special prosecutor for the Central Bureau of Investigation (CBI), was a partially-satisfied man on Thursday, after a special court awarded life sentence to Abu Salem and one other, death for two others, and 10 years imprisonment to a third accused in the 1993 bomb blasts case.When asked if the agency was content with the death penalty for two accused, Salve said he was as his efforts yielded results but that he wanted to see the reasons why Karimullah Shaikh, for whom the prosecution had sought death penalty, was awarded only life.The punishment, he said, will set an example for the other accused who are at large. “It will definitely pass on the tremors,” Salvi said. The prosecution has held that the case is not over as it is yet to arrest the masterminds and others who are absconding.”The entire matter was a herculean task, which was accomplished by the prosecution and the court as we had to examine evidence which ran to more than 150,000 pages,” he told DNA. “The prosecution had to go through a lot of legal hassles in order to get justice to the accused as well as society at large.”Speaking about his efforts which he had put in the case, Salvi said “The main hurdle was the fact that evidence in the part A of the case was already completed where accused like Sanjay Dutt and others were already convicted by the court and the trial in part B had initiated post the judgment of part A. The only evidence with the prosecution was the evidence of the witnesses who were examined in part A.””I (had) argued that the Supreme Court has the right to turn the law if the court has to keep a balance of justice, and the court accepted our plea; that was the point where the journey of victory for the prosecution started,” Salvi said.

1993 Mumbai blasts case: Abu Salem, Karimullah Khan get life term; Tahir Merchant, Firoz Abdul Rashid Khan awarded death sentence

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A special Terrorist and Disruptive Activity (TADA) Court has awarded life term to Abul Salem. Another accused Karimullah Khan has also been jailed for life by the court in 1993 Mumbai Bomb Blasts Case. Tahir Merchant and Firoz Abdul Rashid Khan have been awarded death sentence. Another convict Riyaz Ahmed Siddique has been sentenced to 10 years in jail. Convicts will get set-off for the time they have served in jail, said Senior public prosecutor Ujjwal Nikam. Tahir was taken aback by the verdict and wiped his wet eyes when the court awarded him with death penalty, while Firoz looked disturbed but composed.
ALSO READ Prosecution seeks life for Abu Salem, RiyazA special TADA court had on June 16 convicted six persons, including mastermind Mustafa Dossa and Salem, in the blasts case, 24 years after the attacks left 257 people dead in the country’s financial capital. It, however, let off accused Abdul Quayyum, for want of evidence. This was the second leg of the trial.All the accused were facing multiple charges of criminal conspiracy, waging war against the government and murder of people. The first leg that concluded in 2007, the TADA court had convicted 100 accused in the case, while 23 people were acquitted.The court had earlier held that prosecution proved Salem was one of the main conspirators and he delivered three AK-56 rifles and ammunition and hand grenades to actor Sanjay Dutt (convicted in earlier phase of trial under the Arms Act). Salem, who was close to (Dawood’s brother) Anees Ibrahim and Dossa, took upon of himself to bring a part of arms and ammunition from Dighi to Mumbai, the court earlier said.This was “vital towards achievement of the conspiracy so that the weapons could be used to terrorise and torment innocent citizens of India,” the court had said.The trial of Salem, Mustafa Dossa, Karimullah Khan, Firoz Abdul Rashid Khan, Riyaz Siddiqui, Tahir Merchant and Abdul Quayyum was separated from the main case as they were arrested subsequently.Dossa died of cardiac arrest at J J Hospital in Mumbai, shortly after being convicted, on June 28. The Mumbai blast of March 12, 1993, resulted in 257 fatalities and over 700 were injured. The attacks were planned by Dawood Ibrahim, India’s ‘most wanted’ fugitive who also has his name prominently figuring on the ‘most wanted’ lists of the US and the Interpol.

Court rejects bail plea of Guj bizman in Rs 2K-cr scam

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Sessions court while rejecting a bail application of a 51-year-old Gujarat-based businessman for his alleged involvement in Rs 2107.76 crore scam case held that the offence has deep-rooted conspiracies involving huge loss to public funds. The court also held that the offence poses a serious threat to the financial health of the country, and such economic offence needs to be visited with a different approach.According to the prosecution, the Mumbai branch of Canara Bank had registered a case against four persons including B G Jain, CMD of Surat-based Nakoda Ltd; company’s director D B Jain, chartered accountant J C Somani and Punit Rungta with the Central Bureau of Investigation (CBI) in connection with a Rs 2,107 crore fraud. The accused have allegedly cheated a consortium of 13 banks led by Canara Bank.According to the agencies the accused had allegedly produced forged documents and utilised them to secure a loan from the bank. The accused allegedly had taken loan from the bank after submitting “manipulated financial data” and diverted the money to other businesses through shell firms. It allegedly took the loan for business activities and defaulted on repayment.The court in its order copy held that the Supreme Court in a similar charges case held that economic offences need to be visited with a different approach in matters of bail. Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as a grave offence affecting the economy of the country as a whole.

Baramati rape case: Convict acquitted

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Bombay High court has acquitted a 33-year-old Baramati resident who was convicted by the Baramati Sessions court for allegedly raping a 13-year-old girl from his village and was sentenced to ten years of imprisonment. The High court, while turning down the Sessions court’s decision, held that the evidence of the victim is not corroborated by medical or any other evidence, thus, under these circumstances, the accused cannot be convicted on the sole testimony of the victim.According to the prosecution, the accused Hasab Zari, resident of Baramati had allegedly raped a teen on the pretext of dropping her home on November 13, 2009. The girl as on her way to home from school after playing with her friends near a temple. As she got late looking for her shoes, Zari allegedly offered to drop her home. Instead of taking her home, the accused allegedly took her to a jungle and raped her. The accused allegedly tied her hands on her back with a rope, and also tied her mouth with nylon cloth.After the incident, the victim disclosed its occurance only a day later as she was allegedly threatened by the accused with dire consequences.Advocate Gazala Sheikh, appearing on behalf of Zari while speaking to DNA said, “After the incident, police did not recover the rope and nylon cloth immediately. It was recovered a day after the panchanama of the spot was drawn.Also, medical reports claimed that as the victim was menstruating that day, there were no detailed medical tests that supported the evidence. Also, there were no injuries on her body or her private part. Thus, all the evidence was not corroborated, and hence the sessions court had passed judgment just on the basis of the victims statement.”

Breach of terms: Motor Insurer must honour claim, recover later from insured, says Tribunal

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a recent order, the Motor Accident Claim Tribunal held that even if driving with an invalid license amounted to breach of insurance terms by the driver, in case of an accident, insurer must first honour the insurance claim and pay the victim’s family and then recover the amount from the insured.The tribunal thus directed M/s Buthello and Sons, a prominent bus and truck operator in the state, and insurance firm New India Assurance to pay compensation of Rs 7.36 lakh to the family of a 55-year-old pedestrian killed in an accident.A driver employed M/s Buthello and Sons was recently held guilty by the Tribunal for causing the death of the pedestrian. The tribunal has asked the firm and the insurance firm, which had provided cover to the vehicle, to cough up an amount of Rs 7,36,000 with an interest rate of eight per cent on the amount.The tribunal held that the occurrence of the incident is not denied by the insurance firm as well as the accused driver.Ramesh Shetty, the deceased, who was earning his living in Mumbai, had his family in his home town in Karnataka. On December 29,2012, when he had left from his office and was walking towards BKC, a motor crusher hit him. The dash was so severe that he suffered a head and hand injury. He was initially taken to Bhabha hospital, but was later shifted to Sion hospital. However as the injury was severe, thus he succumbed to injuries.After the incident, in 2013, when the matter came up for hearing before the MACT, the tribunal had asked the firm and the insurance provider, New India Assurance company to advance their say, but there was no response from the transport firm.Meanwhile the insurance firm held that on investigation it had found that there was a breach in policy which was signed by the firm. The insurance firm claimed that the driver of the vehicle did not hold a proper license to drive the heavy vehicle and thus it cannot honor the claim.The tribunal after going through the evidence on the death of the victim held, “The medical papers reads that it was shock and he died due to poly trauma. His death was an outcome of accident injuries and thereby directly connected with the accident because of the rash and negligent driving.”Further while directing the insurance firm to pay the compensation, the tribunal maintained that even if there is a breach of condition from the insurer’s end, it is mandatory for the insurance firm to honor the claim first and then recover the amount from the insurer.

Gold’s Gym asked to pay up after woman files plaint over no weight loss

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Peddar road based Gold’s Gymnasium has been pulled up by the South Mumbai district’s consumer dispute redressal forum after it failed to stand by the weight loss agreement signed between the gym and one of its consumer.The forum, while passing orders, held that the gym has failed to provide services for the entire period as the gym was kept closed, thus the deficiency in services was evident on the part of the gym.The forum thus asked the gym to pay back the gym fees of Rs 32,000 along with nine per cent interest rate on the same. It has also directed the gym to pay an additional amount of Rs 20,000 and Rs 5,000 towards the mental agony and litigation charges.Dimple Divecha, a resident of Bhulabhai Desai road, had enrolled herself in Gold’s gym in June 2013. She had entered into a 25-week weight loss programme and the gym had promised a weight loss of 750 grams per week and also had promised to undertake blood tests, complete blood count tests (CBC), cholesterol, thyroid and physiotherapist visit with the functional training twice a week.“The gym had closed down due to a short circuit in the gym, and she was not permitted to workout at the gym. She did not lose any weight and sent several emails to the gym to refund her fees but the gym provided her with an offer of Rs 19,750. Aggrieved by the gym’s behavior, she approached the forum,” reads the complainant’s version in the forum’s order copy.The gym in its reply denied that the gym was closed. However, it said that it was ready to pay back a certain amount as she had worked out there.

Top hospitality firm pulled up by consumer forum

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Central Mumbai district consumer dispute redressal forum pulled up one a top player from the hospitality providers, Mahindra holidays and resorts India limited, as the firm turned down travel plans of one of its consumers ever after several requests. The forum has thus asked the service providers to abide by its promised services and has also asked it to cough up an amount of Rs 50,000 as compensation towards the complainant’s mental agony and Rs 10,000 towards his litigation charges.A Nepeansea Road resident, Sunil Bhandari, having membership with the firm from 2002, was opting for the services under the red plan in which he was entitled to use a one bedroom apartment for his holidays. This booking was available annually for a particular season for a week’s time. According to the complainant’s version, “On October 16, 2012, he received a sales promotion call from a representative of the firm for an upgradation of his plan. Accordingly, the red plan was upgraded to a purple plan, with an additional amount of Rs 2,63,000. Meanwhile, on the same day, another representative called up Bhandari for the upgradation of the plan at a much cheaper rate, which was Rs 1,51,000. Bhandari felt cheated by the first representative and accordingly the deal was finalised with the second amount. Meanwhile, a complaint of cheating against the first representative was registered with the firm. Later in November 2012, he got a receipt of the upgradation of his plan from red to purple.”The complaint copy further reads that despite the upgradation of the plan, the firm refused to take any booking for holidays. The complainant claimed he had put several requests and letters for the approval of his vacation plan, but they did not respond to the request, thus the complainant approached the forum and filed a complaint.The forum after, going through the complaint’s version, asked the firm to file its reply, to which the firm held that the complainant had already been informed of the fact that the offer which was provided to him by the second representative of the firm was an error and had asked him to pay the remaining amount, but he did not pay and thus he was a defaulter.The forum, after going through the arguments advanced, held that the firm had confirmed the upgradation of the plan by issuing the certificate of the same. “Once the payment is accepted and upgradation letter is issued, the firm cannot deny the members from utilising the plan. Thus, there is an apparent deficiency in services on the part of the firm. Therefore, it is necessary to direct the firm to allow the complainant to use the upgraded purple plan as per the upgradation letter,” held the forum.

Cop’s ‘dual presence’ in drugs case leads to acquittal

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The dual entry of an official in the police diaries at the same time has led to the acquittal of a Nigerian national arrested in a 2012 drug case, by the special Narcotic Drugs and Psychotropic Substances Act (NDPS) court. The police diary at Azad Maidan police station contains the official’s entry record for handing over drug sample seized from Anti-Narcotic Cell’s (ANC) Bandra unit at 3 pm. On the same day, the record of the police panchanama which was performed to seize drugs from the Nigerian, mentions the presence of the same official at the spot in Masjid Bunder from 1.30 pm to 3.30pm.The case dates back to January 2, 2012, when Azad Maidan police received a tip off on a Nigerian national named Ifeamy Uzoma Osunde travelling with 10 grams of charas in Masjid Bunder. The accused was allegedly found in possession of 10 gm of cocaine. Chemical analysis of the drug was performed, police also filed a charge sheet, and examined six witnesses.When DNA spoke to defence advocate Shekhar Bhandari regarding the defence arguments which led to the acquittal, Bhandari mentioned the technical glitch in police functioning that led the cases’ failure.“Police was unable to explain his presence at two different places at one time, leading to the acquittal of my client,” said Bhandari.

Court tells mum child is no commodity, denies her custody

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Sessions court refused custody of a minor to his mother, who tried to claim ownership over the child, observing that the child cannot be treated as property or a commodity.The court was hearing an appeal filed by a family against an order passed by the lower court in a domestic violence case filed against the family by the mother of the child.Vanshika Thakker, a resident of Mumbai had filed a domestic violence case against Rajesh Thakker and his entire family alleging that the family had tortured her mentally as well as physically. The two had married in the May 2007 and had a boy. However, due to problems in the relationship they separated. The court, in its order copy, mentions that for the last three years the mother was not staying with her son. Along with an application for seeking the monthly maintenance amount, she had also sought custody of the child.The lower court had granted the lady a monthly maintenance amount of Rs 10,000. She was also given custody of the child. Rajesh Thakker, however, had challenged the lower court’s order claiming that the maintenance amount was too high.While deciding on the point of maintenance, the sessions court refused to interfere in the lower court’s order citing lack of evidence produced by Rajesh on the basis of his salary proof.The Session’s court while deciding on the appeal said, “The issue of handing over the custody (of the minor child) cannot be decided casually by taking into consideration the prima facie pleadings of one party alone. A child cannot be treated as property or a commodity. In the opinion of this court, it would not be proper to pass any order regarding the transfer of the custody of a minor from father to mother.”The court refused to hand over custody to the mother on grounds that the child had been away from his mother for more than three and half years.

23 years later, trio sentenced for smuggling US currency

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Sessions court presided over by judge RG Wankhede rejected an appeal filed by one of the diamond traders from Walkeshwar, along with two other men, who pleaded the court to reject orders passed by the Magistrate court in a smuggling case of Rs 1.24 crore in US dollars.The session’s court while rejecting the appeal held that the prosecution had established the charges which were levelled against the three. The magistrate court has sentenced the trio to one month of rigorous imprisonment along with a fine of Rs 2,000 each.The court in its orders held, “It is clear from the evidence as well as the statement of Ajit Dodia, an accused, was carrying a suit case and a brief case. The statement has made it clear that he was in possession of US dollars 89,26,000 as well as a currency declaration form (CDF). The contention of the accused that the foreign currency and declaration belonged to Chandrasen Jhaveri cannot be accepted because the accused has failed to establish this fact. The evidence on record further made it clear that there is no proper permission from the RBI to carry the currency physically or in baggage.”On July 26, 1993, Dodia was intercepted by the customs authorities at the Sahar Airport, with US currency. He revealed that he was travelling to Hong Kong and was carrying the money on behalf of Jhaveri, the owner of Gem Exim Corporation in Walkeshwar.

Court upholds maintenance for mentally abused wife

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Hearing the case of a restaurateur’s wife, who had filed a case of mental harassment against her husband, one of her sons and his wife, the Sessions court has upheld a magistrate court order directing that monthly maintenance be paid to the woman after the court found substance in her complaint.Dharmvati Gupta, 50, wife of restaurateur Devkinandan Gupta, 56, alleged that he assaulted her on several occasions, which forced her to lodge eight non-cognisable complaints against him with the Tardeo police station.In 2016, an FIR was filed based on a complaint by her against three members of her family, alleging that they had ganged up against her and harassed her mentally and physically. After going through the complaint, the Girgaum Metropolitan Magistrate had in 2016 directed the accused to provide her a monthly maintenance of Rs 25,000. She had challenged the order claiming that the amount was too little, and pleaded the Sessions court to order the accused to raise the amount to Rs 1 lakh.When the court asked the accused to file their reply, they claimed that the entire case was false and that fake allegations had been levelled against the three.According to the Sessions court order issued on Friday, the accused’s lawyer had alleged that the complainant was suffering from Schizophrenia and had a history of aggressive behaviour. She also suffered problems of thyroid, blood pressure and sugar. Stating that the accused was ready to stay with his wife, the lawyer prayed the court to dismiss the trial court’s order of granting interim relief to her.Advocate Nagi H H and advocate Chaula Solanki, appeared on behalf of Dharmavati. Nagi alleged, “Problems arose after 27 years of marriage when Dharmavati discovered that her husband was having an extra-marital affair. Devkinandan, his son Krashank and his daughter-in-law Vaishnavi, had ganged up against this lady and were harassing her. It is learnt that even the house helps were allegedly asked not to speak with her, thus alienating her in the house.”Rejecting the accused’s plea, the court held, “As per the lady, she was physically and mentally harassed by three members of her own family. She pointed out that the incident happened in October 2012 and April 2013. It is on record that numerous complaints have been given by the lady against the accused with the Tardeo police station. A complaint was filed under Domestic Violence Act previously in 2013 which was dismissed. These pleadings and complaints to the police are prima facie sufficient to prove that there was domestic violence.”The court, however, rejected the lady’s plea of raising the monthly maintenance, claiming that the lower court had considered minimum basic needs of a person while deciding the amount.

Dried tears aides court to bring justice in rape case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Dindoshi sessions court while deciding on the bail application filed by a 26-year-old man, accused of raping a minor, has rejected his claim of the victim being a major, and that she had enjoyed the act, thus denying bail to him. The court has relied on the forensic science laboratory reports which shows old tears on the victim’s dupatta, which was seized after the offence. The reports point out that the girl was in pain when the accused was committing the dastardly act.A case was registered with the Kandivali police in April 2015, when the accused Babulal Yadav, a mechanic by profession, allegedly raped the child.The court’s order copy reads, “I have also gone through the school leaving certificate of the victim which shows that her birth date is January 10, 2004. I have also gone through the Medical Certificate which shows the history of sexual assault. The accused had abducted the child, took her to Manori on bike and forcefully committed sexual intercourse on her against her will. The dupatta which covered her face shows old tears. The girl while recording statement has specified that though she had a severe stomach ache, but she did not narrate the incident to anyone as the accused had threatened her.”

Cops didn’t arrest man who killed plot owner

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A 35-year-old caretaker of a Dindoshi-based plot has been visiting the Dindoshi police station to ensure justice to the owner of the plot, who was murdered last month.The goons were allegedly trying to usurp the plot. This culminated into an assault on the owner and the caretaker, subsequently leading to the death of the former.The complainant claims that the police have been ignoring him, and instead of arresting the accused, they are harassing him by making him visit them regularly.The case dates back to December 2016, when Ganesh Manjarekar, caretaker of a plot owned by Muthu Pandian Valiyan Chettiar, were threatened by a gang of 10-12 men to vacate the land. On the same day, a case was registered with the Dindoshi police, who didn’t act on it. Six months later, these goons, arrived at the plot in an inebriated state and began assaulting Manjarekar.”My boss was sitting in his office when these goons barged in and began saying, ‘Don’t you know that we are Pappa Bhai and Abdul Sartaj Sheikh’s men? We had asked you to vacate the plot, now face the consequences.’ They then started kicking and hitting my boss. I managed to escape and informed the police. Two cops came to check, but the goons had left by then,” he said.”I have no idea whom they have arrested because they are not the ones who had assaulted us,” he said.When contacted, police officer Ravi Adane associated with Dindoshi police claimed that investigation is on and they have already registered a case against the four accused who have are already been arrested.The murderIn Dec 2016, caretaker of a plot owned and the ownerwere threatened by a gang of 10-12 men to vacate the land. Six months later, the goons arrived at the plot in an inebriated state and killed the plot owner.

One more inmate speak up against jail warden’s ‘killing’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>One more female prisoner lodged in the Byculla women’s jail, on Thursday, decided to speak up against the alleged killing of jail warden Manjula Shetye, claiming that the inmates could hear Manjula screaming for help.Vaishali Mudane (45), arrested in a Prevention of Corruption Act case, and who used to stay with Shetye in the jail’s barrack, approached the court on her regular date and informed the bench presided over by judge AD Tankhiwale that she was assaulted by policemen when she had raised her voice against the alleged murder.Mudane had pleaded the court to record her statement, which the court allowed her to. Mudane said, “On June 22, around 10 pm, Manjula and I along with other prisoners were assigned daily chores, and we were then sifting grains. Six jail police officers asked Shetye to accompany them to the office, which she did. Almost 20 minutes later, we could hear her shouting, ‘Mi Marun jayien, mala wachawa (Please save me, or else I would die)’. We could hear the sound of lathis thrashing, which was coming from the same office.”Mudane further claimed that half an hour later they saw the policemen dragging Shetye by her hair and kept her in barrack number five.“When we started raising our voice against the violence, policemen started hitting us with lathis. Indrani Mukerjea, who is also my mate, was hit by lathis on her head, while I was assaulted on hands and legs.”

Mustafa Dossa neglected by jail officials, say inmates

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Even as court sources said that the court had always ensured that Dossa was provided all necessary medical assistance during the entire trial phase, and he was even granted permission for home-cooked food, Arthur Road jail inmates claimed on Wednesday that Dossa was neglected by jail officials, which led to his death.“On Tuesday, when Dossa was produced in court, he had chest pain. After the hearing, Dossa informed jail officials that he was feeling uneasy and asked to be taken to JJ Hospital. Jail authorities, however, told him that they would provide him medical assistance at the jail. He had severe chest and stomach pain and was vomiting continuously in the barrack. Despite this, there was no medical assistance provided till 11 pm. It was only then that two medical officials attended to him and gave him few tablets. However at 1 am, when the jail authorities found him in bad shape, he was moved to the hospital,” a jail inmate claimed.

Builder fined Rs 5L in cheating case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Mazgaon Metropolitan Magistrate Court recently acted upon a complaint filed by a Kalachowki resident who was cheated by a developer. The developer was sentenced to imprisonment and also levied a fine of Rs 5 lakh, payable to the complainant.Dadaso Yadav, 35, had invested in a project raised by Maya Developers in December 2010 and had paid Rs 2 lakh as booking amount. He was promised possession of the flat by July 2012. However, the developer failed to even initiate the construction by then.Yadav then asked the developer to return the booking amount, which was paid to him by cheque; but the cheque bounced. A case was then registered against the developer.

Molester says no flight risk because of Ramzan, gets bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A 35-year-old man was granted bail by the Dindoshi Sessions court after he informed the court that he is observing Ramzan in the city and that there is no chance that he would abscond.The court in its bail order maintained that the victim, who alleged molestation charges against the accused, knew the accused and that they were in contact with each other.According to the complainant, she first met the accused to repair her mobile phone. The accused kept harassing her on her mobile phone, seeking a personal relationship with her.”On May 19, 2017, the accused visited the victim’s home and allegedly assaulted and molested her. She approached the Goregaon police and a case was registered against the accused.The accused said that since he is settled in Mumbai, there is no chance that he could leave his day-to-day affairs and abscond from the city, the jurisdiction of the local Police authorities and the Court.The court, after going through the evidence, held that it appeared that the accused and the victim were known to each other. They also had dinner together a few times. Since he resides in Mumbai and is observing fast during the holy month of Ramzan. On these grounds, he deserves bail, the court held.

Qayoom Karim Shaikh walks free, enters Mahim house after 30 years

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Qayoom Karim Shaikh, the 1993 blast accused who was acquitted by the Session’s court on June 16, was released from the Arthur road jail on Saturday. Qayoom entered his house after thirty years, and claimed that Mahim has changed drastically from the time he left.He claimed that the holy month of Ramzan has blessed him with a new life which he going to start in a few days.According to the prosecution’s case, Qayoom was working with Abu Salem and the two were deported together from Portugal to India. When asked about his plans, Qayoom replied that he plans to sleep for the next three days, and will then decide what he wishes to do with his life ahead.Qayoom has no other criminal case pending against him and dreads going back to jail. “My family has asked me to go back to work, but nowhere near the crime world,” he said.When he was asked to describe his life in jail, he said, “It is like a mortuary. People with a lot of money can sustain. For the rich, it is a guest house with less amenities, but the poor live in terrible conditions. Government should think about the poor who are kept like herds in jails.On his association with Mustafa Dossa and the other accused, he said that he never spoke to anyone in jail. It was only when on their way to court, that Qayoom used to interact with the others in the police van. “I never fought in jail. It was only with accused Firoz Khan, that I had a rough time,” he added.”Everyone should accept their mistakes. The court will decide on your fate. I think the court has done justice with us as well as with the society at large. Dossa should own up his mistake.”

Watch | 93 Mumbai Blasts: Acquitted Sheikh Abdul Qayyum speaks after returning home from Arthur Road Jail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Sheikh Abdul Qayyum, who was acquitted of all the charges by the special TADA court in the 1993 Mumbai serial blasts case, was today released from the Arthur Road jail. Qayyum, speaking to reporters after his release, said that he will continue to stay in the country and start a business of his own to earn a living. “I request (authorities) that the innocent should be spared and not made to suffer. India is my country and I will stay here and do business to earn a livelihood,” Qayyum said.He was acquitted by the court yesterday and left Arthur Road Jail on Saturday evening around 6 PM. He returned to his house after a long time. Watch him interact with DNA below: 257 people died while 713 others were injured after a series of bomb blasts rocked Mumbai on March 12, 1993.Underworld don Dawood Ibrahim along with Tiger Memon are the prime conspirators in the case.Special TADA court on Friday found Abu Salem and Mustafa Dossa guilty of criminal conspiracy charges.Along with the two gangsters, Firoz Khan, Karimullah Khan, Taher Merchant were also found guilty of conspiracy charges levelled against them.Accused Riaz Siddiqui was convicted under TADA Act but was acquitted of all other charges.According to the TADA court, prosecution failed to prove charges of conspiracy against Siddiqui.The Court has set next hearing date on June 20, to decide the date for argument on quantum of sentence.With inputs from PTI

Pay hearing-impaired victim Rs 20 lakh, insurance firm told

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Motor Accident Claim Tribunal while deciding on an accident case, where a 20-year-old youth had lost his hearing senses, maintained that a person not only suffers injuries on account of an accident but also goes through mental trauma for the rest of his life.The tribunal was passing its verdict in an accident case, which occurred in September 2009. Yash Jadhav, a resident of Andheri, had filed a complaint against Prashant Chaudhari, a resident of Worli on the grounds that Chaudhari had rammed his Skoda car into Jadhav’s car, thus injuring Jadhav. The dash was so severe that Jadhav lost his hearing senses.The tribunal had asked Chaudhari and the insurance firm to file their replies. Chaudhari did not file his reply. However, the insurance firm said, “The accident occurred due to the negligence of Jadhav as he was driving at a high speed without seeing the oncoming traffic. As a result of which he collided with the other car. The insurer is hence not liable.”The tribunal after going through the version’s held that the spot panchnama done by the police revealed that there was sufficient space for Chaudhari to take precaution and he could have avoided the ramming into Jadhav’s car. The injured youth was awarded a calculated compensation of Rs 20,13,000 along with an interest since 2010.

Mumbai: Ceiling collapses in local court at Sewri, no casualties reported

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The ceiling of court room number 15 at the Sewri branch of the Mazagaon court collapsed on Monday afternoon. Fortunately, there was no session in place, and no injuries were reported.The court in Sewri is a stand-by court for the Mazagaon court, as the latter is undergoing renovation.Advocate Rashid Iqbal Niyazi, who practises in the Sewri court, was an eyewitness to the incident. “The incident occurred around 3.10 pm in the ground floor courtroom. The ceiling collapsed right above the bench where the advocates stand. If not for the court’s transfer order, a few casualties would have been reported,” said advocate RashidWhen asked if the construction was old one and was undergoing its wear and tear, advocate Rashid said, “The ceiling was repaired by the PWD, a few months back. But today’s incident makes it clear on the quality of raw material used to build the ceiling.”

1993 blasts: TADA court to pronounce orders against Abu Salem, others on June 16

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A special Terrorist and Disruptive Activities (Prevention) Act (TADA) court will pronounce its orders against underworld don Abu Salem and others in connection with the 1993 blasts case on June 16.”I have fixed the final judgement for June 16,” said the judge.Salem has been named in the 1993 Mumbai bomb blasts case and is an accused in a slew of cases related to murder and extortion. Salem is currently lodged in Taloja jail in Navi Mumbai.Other accused in the case include Mustafa Dossa, Abdul Qayyum, Shaikh Firoz Khan, Tahir Merchant, Riyaz Siddiqui and Karimullah Sheikh.One of prime accused in the case, Yakub Menon was hanged in July 2015 in Mumbai after being convicted and awarded capital punishment in the case. The current case under trial is known as Case B of 1993 Mumbai serial blasts as the seven accused were arrested when the trial for the case had already begun which involved 123 accused. Salem was deported from Portugal while Dossa was deported from UAE. Dossa claims he wasn’t deported but he had surrendered himself to the investigating team.Some other prime accused who still remain at large in the case are Dawood Ibrahim, Mohammad Dossa and Tiger Memon.Gangster Abu Salem is accused of supplying weapons to actor Sanjay Dutt, who is serving a five-year-term and transporting arms and ammunition. Mustafa Dossa is facing charges of conspiracy and landing the ammunition.Qayoom is charged with delivering the weapons to Dutt. Tahir is accused of arranging for the other convicts to travel to Pakistan.257 people were killed in 12 blasts on March 12, 1993. Over 3,000 kg of RDX was brought into the country for the blasts, of which a mere 10 per cent were used.

Forum orders Kesari Tours to pay Rs 30 lakh in compensation

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Failing to abide by the travel itinerary, Kesari tours was held guilty by the Thane district consumer dispute redressal forum for failing to deliver the desired services towards its consumers.Arjun Ferrao and Asha Patil, residents of Thane, had booked a trip to Mauritius through Kesari tours, and had paid an amount of Rs 1,60,726 towards the trip, which was scheduled from May 18, 2016 to May 22, 2016.According to the itinerary, the tour was of four nights five days, with each day listed towards sightseeing in Mauritius.The forum held that the travel firm had failed to deliver the services promised towards its consumers thus asking the travel firm to compensate Rs 30,000 towards the same.The forum asked the firm to pay back the money with nine per cent interest from the year 2016. The forum was also asked to pay an amount of Rs 5,000 towards their mental agony and Rs 5,000 for litigation chargesThe complainant maintained that when they reached Mauritius, there were some alterations made in the itinerary, as the firm found it a bit difficult to cover the tourists places in the specified time. According to the complainant, the firm had decided to visit Cassela bird park on the last day of the trip, and that all were very excited for the same. However as it was a Sunday, thus the park was closed and hence, they all were disappointed.They held that the firm knew that they would not have access to the park on a Sunday, even then, after reshuffling the itinerary, the visit to the park was scheduled on Sunday. Thus, the firm failed to deliver its promised services.The firm was of the view that the complainant had never raised this issue during the travel tour. Neither did they mention it in the feed back form, which the travelers were asked to fill on the last day of its visit. The firm had asked the forum to reject the plea but it was denied.

Tribunal compensates Sea Link’s first casualty

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Motor Accident claims tribunal awarded compensation to the family of a Breach Candy Hospital employee, who was killed in an accident on the Bandra-Worli Sea Link in December 2009, the first casualty case which occurred on the sea link.The tribunal awarded a compensation of Rs 35,26,000 to the family of the deceased along with nine per cent interest rate on the amount from the year 2009. The onus of paying the compensation is on the taxi driver, the driver who collided with the taxi, and the two insurance firms of both the vehicles.The tribunal in its orders stated, “The dimensions of the road show that it was 40 feet broad. The spot panachnama shows the gravity of the accident and the fact that there was sufficient space for the drivers of both the vehicles to take caution and avoid the accident. It is well settled that the driver must keep a proper watch on all the directions and must have control over his vehicle.”Mathur Seetharaman, a resident of Dombivli, was an employee with one of the top private hospitals in south Mumbai and was travelling in a taxi from Bandra to Worli. A Skoda car belonging to Asha Mehta, took a sudden right turn knocking down the road divider and collided with the taxi. The car was running at a speed of more than 100 km/hour. Due to the impact, the deceased sustained serious injuries and later succumbed to it.The family of the deceased, which includes, his wife, his son and parents, had approached the tribunal seeking for compensation. “He was a man of robust health and an employee with the hospital’s accounts department. Due to the sudden loss, the family was deprived of their source of livelihood,” the family’s plea said.When the tribunal asked the insurance firm of the taxi as well as Skoda to file their reply, the two justified how their respective driver’s were not at fault.THE CASEIn December 2009, a Skoda car took a sudden right turn knocking down the road divider and collided with the taxi on the Sea Link.
The car was zooming at more than 100 km/hour.
The victim later succumbed to serious injuries.

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