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Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Judge : B.P. Dharmadhikari, J.

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 5, 7, 21, 21(2), 28 and 32; Bombay Industrial Relations Act - Sections 28 and 35; Industrial Disputes Act - Sections 11A; Industrial Employment Standing Orders Act, 1946; Uttar Pradesh Regularisation of Ad hoc Appointments (On posts outside the purview of Public Service Commission) Rules, 1979 - Rules 4 and 9

Reported in : 2007(1)ALLMR800

B.P. Dharmadhikari, J.1. The respective respondent No. 1 in all these petitions filed separately 38 U.L.P. Complaints under Section 28 of Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, (hereinafter referred...

Smt. Shyamabai W/O Shriram Sharma (Since Deceased), Vs. Ramkisan S/O P ...

Court : Mumbai

Judge : B.P. Dharmadhikari, J.

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 10, 16, 19, 20 and 59A; Contract Act - Sections 55; Limitation Act; Transfer of Property Act - Sections 52 and 91; Code of Civil Procedure (CPC) - Sections 2(11), 35A, 47, 96, 146 and 244 - Order 1, Rule 10(2) - Order 6, Rule 17 - Order 9, Rule 13 - Order 16, Rule 12 - Order 22, Rule 1, 4, 10, 11 - Order 39 Rule 1, 2, 2A - Order 41, Rule 27; Hindu Succession Act - Sections 8

Reported in : 2008(3)ALLMR189

B.P. Dharmadhikari, J.1. This First Appeal by original Defendant is challenging the judgment and decree dated 5th May 1992 delivered by 6th Joint Civil Judge, Senior Division Court, Nagpur by which it decreed the Special Civil...

Sangita Shah Parent/Guardian of Ativ Shah Poonam and ors. Vs. State of ...

Court : Mumbai

Judge : J.N. Patel, Acting C.J. and S.C. Dharmadhikari, J.

Subject : Constitution

Acts : Higher Secondary Education Boards Act, 1965 - Sections 34 and 36(3); ; Constitution of India - Articles 14, 16, 21 and 226; ; Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 - Rules 8 and 79(1); ;Maharashtra Secondary Higher Secondary Education Boards Regulations, 1977 - Regulations 56, 58, 59, 79, 79(1), 79(6) and 79(16)

S.C. Dharmadhikari, J.1. Rule. Respondents waive service. Respondent Nos. 1 to 8 who are the contesting Respondents waive service. It is not necessary to issue notice to Respondent Nos. 6 to 12. The pleadings are complete...

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Judge : B.P. Dharmadhikari, J.

Subject : Company

Acts : Companies Act, 1956 - Sections 617; Coal Mines (Nationalization) Act, 1973 - Sections 2, 3, 3(1), 4, 4(2), 5, 5(1), 5(2), 6, 10(1), 11, 11(1), 11(2), 64, 64(4), 68 and 69; Coal Bearing Areas (Acquisition and Development) Act, 1957 - Sections 2, 3(1), 9, 9(1), 10, 10 (1), 10(2), 11, 11(1) and 11(2); Land Acquisition Act; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 5(1), 7(2), 13 and 18; Mines and Minerals (Regulation and Development) Rules; Mines and Minerals (Regulation and Development) Act, 1948; International Airports Authority Act, 1971 - Sections 12, 12 (1), 12(3), 21 to 24 , 31, 33 and 34; Madhya Pradesh Municipalities Act, 1961 - Sections 123, 124 and 127A(2); Madhya Pradesh Municipal Corporation Act. 1956 - Sections 136; Madhya Pradesh Panchayats

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

B.P. Dharmadhikari, J.1. Common question involved in all these Writ Petitions is, .whether State Government can levy and demand any sum as amount of nonagricultural assessment from Petitioners WCL.... Petitioner- Company is incorporated under the Companies...

Smt. Nilambari Dinkar Pawar Vs. Shikshan Prasarak Sanstha and ors.

Court : Mumbai

Judge : S.C. Dharmadhikari, J.

Subject : Service

Acts : Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 - Sections 4, 4(2), 4(6), 5, 5(3) and 9; Maharashtra Employees of Private Schools (Conditions of Service) Rules - Rules 10, 15 and 15(6)

Reported in : 2007(3)ALLMR12; 2007(3)BomCR607

S.C. Dharmadhikari, J.1. By this petition under Article 226 of the Constitution of India, the Petitioner challenges the judgment and order dated 13.12.2002 delivered by the Presiding Officer, School Tribunal, Mumbai in Appeal No. MUM/26/1995. By...

Shri Vilas V. Sanghai Vs. the State of Maharashtra

Court : Mumbai

Judge : S.C. Dharmadhikari, J.

Subject : Criminal

Acts : Arms Act - Sections 3, 23 and 25; Indian Penal Code (IPC) - Sections 34, 120(B), 161, 380, 451, 454, 457 and 506(II); Prevention of Corruption Act, 1988 - Sections 6, 7, 12 and 19; Prevention of Corruption Act, 1947 - Sections 5(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 173(2) and 482; Constitution of India - Article 227

Reported in : 2007(5)MhLj855

S.C. Dharmadhikari, J. 1. Both petitions involve identical questions of fact and law and were heard together. They are being disposed off by this common judgment. 2. Writ Petition No. 359 of 2003 invokes jurisdiction of...

Madhukar Raghunath Bhave Vs. Wyawahare and Sons Partnership Firm Throu ...

Court : Mumbai

Judge : B.P. Dharmadhikari, J.

Subject : Civil

Acts : Negotiable Instruments Act - Sections 118; Evidence Act - Sections 106

Reported in : 2008(4)ALLMR818; 2008(3)BomCR739; 2008(4)MhLj45

B.P. Dharmadhikari, J.1. The original plaintiff has filed this second appeal challenging reversing judgment delivered by the first appellate Court. The appellant/plaintiff filed special civil suit No. 2 of 1996 in the Court of Civil Judge...

Lalchand Govindrao Dhoke Vs. Industrial Court, Maharashtra Nagpur Benc ...

Court : Mumbai

Judge : B.P. Dharmadhikari, J.

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 28 and 44; Industrial Disputes Act - Sections 25F

Reported in : 2006(2)BomCR886; [2005(106)FLR1081]; 2005(3)MhLj497

B.P. Dharmadhikari, J.1. By this Writ Petition under Article 226 of the Constitution of India, the petitioner employee challenges the part of the order of Industrial Court dated 9-9-1992, by which the learned Member, Industrial Court...

Neelam Vs. Kailash Bajpai

Court : Madhya Pradesh

Judge : D.M. Dharmadhikari, J.

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 24

Reported in : II(1994)DMC188

D.M. Dharmadhikari, J.1. The matrimonial Court in proceedings between the parties, had fixed the maintenance pendente lite at the rate of Rs. 325/- per month, to be paid by the husband to the wife. During the...

Sahodri Bai Vs. Surithram

Court : Madhya Pradesh

Judge : D.M. Dharmadhikari, J.

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 125(2)

Reported in : I(1991)DMC606

D.M. Dharmadhikari, J.1. In this revision, at the instance of the wife, the only question for consideration is whether the lower revisional Court was justified in setting aside the order of the Magistrate granting a sum...