Mumbai Aurangabad Court October 2010 Judgments
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The Maharashtra Nagri Sahakari Bank Limited, and anr. Vs. Ravindra S/O ...
Court: Mumbai Aurangabad
Decided on: Oct-29-2010
01. Admit. By consent of learned counsel for the parties, Letters Patent Appeal is taken up for final hearing.02. This Letters Patent Appeal is preferred by the appellants (original Respondent Nos.4 and 5 in Writ Petition No.2957 of 2009), challenging the order dated 8.9.2009 passed by the learned Single Judge of this Court in the said writ petition, granting Rule and stay to execution, implementation and operation of the recovery certificate dated 21.2.2009 issued by the Assistant Registrar, Co-operative Societies under Section 101 of the Maharashtra Cooperative Societies Act, 1960 ("for brevity, hereinafter referred as the "Cooperative Act"), under Clause XV of the Letters Patent.03. The facts in nutshell are that the present appellant No.1 is a cooperative bank i.e. financial institution and appellant No.2 is its Special Recovery and Sales Officer. Respondent No.1 and 2 herein are original writ petitioners. Respondent No.1 herein availed overdraft facility from appellant No.1, on 25...
Sahebrao S/O Narayan Kharat, Age 54 Years, and ors. Vs. the Collector, ...
Court: Mumbai Aurangabad
Decided on: Oct-29-2010
01. Rule. Rule returnable forthwith. Heard by consent of learned counsel for the parties at the stage of admission. 02. The petitioners who are the members of Municipal Council, Ambad, are raising exception to the order passed by the District Collector, Jalna, holding them disqualified to continue as the members of Municipal Council, in view of the provisions of the Maharashtra Local Authorities Members Disqualification Act 1987 (hereinafter referred to as the "Disqualification Act").03. The general elections of the municipal council were held in the year 2006. The petitioners herein are the elected member of municipal council belonging to Nationalist Congress Party. Initially the President of the Municipal Council, Ambad, was elected for a period of two and half years. The said period came to an end in the year 2009 and the election for remaining term of the Presidentship was held on 20.06.2009. At the elections, one Mrs. Sulbha Kulkarni belonging to Congress Party as well as the peti...
Choudhari Mohd.Abdul Kadar, S/O.Mohd.Yusuf, Age55 Years, Vs. the Chief ...
Court: Mumbai Aurangabad
Decided on: Oct-27-2010
1. By the present writ petition, under Article 226 of The Constitution of India, the petitioner has approached this Court for the reliefs in terms of prayer clause (B) to (E) which read as follows : B. To quash and set aside the resolution no.29 dtd. 29/07/2004 and notice of compulsory retirement of petitioner issued by the respondent no.1 MCU/Est.2/420/04, dtd. 31/07/2004 issued by the respondent no.1.C. To direct the respondent no.1 and 2 to award promotion to the post of Senior Clerk to the petitioner w.e.f. 21/03/1985 and subsequent promotions and service benefit as per law and in view of the seniority and reservation against the handicapped and OBC and other consequential service benefits.D. To direct the respondent no.1 to grant two days leave of dated 20/01/2004 and 21/01/2004 which has been refused and treated as absent from duties.E. The respondent no.5 may kindly be directed to hold inquiry against the respondent no.1 and 2 regarding their mis management, irregularities, corr...
The State of Maharashtra, and ors. Vs. Yuvraj S/O Dashrath Patil, Age ...
Court: Mumbai Aurangabad
Decided on: Oct-26-2010
01. By the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed that the impugned judgment and order dated 11.4.2001 delivered by the learned Vice Chairman, Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad ("MAT" for short), in Original Application No.776 of 2000, be quashed and set aside.02. The factual matrix of the present case is that the respondent herein-original applicant joined S.R.P.F. Group-8, as Constable, on 24.11.1971. Initially, he was promoted to the post of driver in the year 1982, and he was further promoted to the post of Driver-Mechanic in 1984 which, according to the respondent, is equivalent to the post of Head Constable. It is also contended by the Respondent that he was rewarded with 15 to 20 rewards out of which, 6 rewards were granted during the year 1995-96 and accordingly, respondent claims that his performance was good during his service career. He also faced 2 departmental enquiries, but...
Kausal Yabai Kisan Chouhan. Vs. Sakharam Namdeo Gaikwad.
Court: Mumbai Aurangabad
Decided on: Oct-21-2010
1. Heard learned counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith. 3. Petitioner, by this application, seeks review of the order passed by this Court on 16.2.2009 in Writ Petition No.156 of 1989. Petitioner also seeks remand of the matter to the trial Court with direction to decide the matter afresh in view of the changed circumstances by considering the requirements of the heirs, if any. 4. This Civil Application appears to have been filed by tenant on 2.3.2009. In response to the notices issued by this Court, all respondents have entered their appearances. Shri S.P.Shah, Advocate has filed affidavit in reply on behalf of respondents. It has been sworn by one Purushottam Gaikwad on 7.5.2009. Thereafter, on behalf of the petitioner, additional affidavit has been filed, sworn in by Kausalyabai Chavan on 23.7.2010. Some documents have been placed on record along with this additional affidavit of the petitioner. Affidavit on behalf of respondents is ...
Kishor S/O Mallayya Sandry, Age 43 Years, Vs. the State of Maharashtra ...
Court: Mumbai Aurangabad
Decided on: Oct-21-2010
1) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing at the admission stage.2) The petitioner has assailed the order of his transfer dated 15.6.2009 (Exh. 'B'), issued by respondent no.2, transferring him from Nagar Parishad, Jalna to Chief Engineer Divisional Department, Aurangabad, by present petition filed under Article 226 of the Constitution of India.3) The petitioner was working as Dept. Engineer at Maharashtra Jeevan Pradhikaran Division, Aurangabad i.e. respondent no.2. By communication dated 30.8.2008, he was transferred on deputation to Nagar Parishad, Jalna by respondent no.2 for the period of three years and copy thereof is annexed at Exh. 'A'. Accordingly, the petitioner was relieved before 15.9.2008 and joined his services at Jalna on 1.10.2008.4) However, according to the petitioner, respondent no.2 again on 15.6.2009 issued transfer order, thereby retransferring the petitioner to Aur...
Balbhim S/O Sureshrao Alias Suryakantrao Tapse, Age 28 Years, Vs. the ...
Court: Mumbai Aurangabad
Decided on: Oct-20-2010
01. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, taken up for final hearing at the admission stage itself. 02. The petitioner has assailed the communication/order dated 15.5.2009 passed by Respondent No.2-Principal District Judge, Beed, thereby discontinuing the services of the petitioner as a peon. 03. The factual matrix of the present case is that the petitioner had applied for the post of peon, in District Court, Beed, in pursuance of the advertisement published in newspaper. According to the petitioner, name of his father in the village record was recorded as "Suryakant", whereas his school record disclosed his father's name as "Sureshrao". Accordingly, in the application made for the post of peon, the petitioner mentioned his father's name as "Sureshrao" as per the school record.04. Thereafter, the petitioner was called for written test by Respondent No.2, on 17.9.2006 (page 11). The petitioner appeared thereto and passed the said w...
GramIn Yuvak Adhar GramIn Bigar Sheti Sahakari Patsanstha Maryadit, Ma ...
Court: Mumbai Aurangabad
Decided on: Oct-19-2010
1. This Civil Revision Application is filed, challenging the Judgment and Order dated 16th April, 2004 in Special Dharkhast No. 50 of 2003 passed by the learned Civil Judge, Senior Division, Sangamner, Dist. Ahmednagar.2. The respondent Nos. 4,5 & 6 filed Regular Civil Suit No. 10 of 2001, before the Civil Judge, Senior Division, Sangamner, Dist. Ahmednagar, for partition and separate possession and for perpetual injunction and for the property land bearing Survey No. 41/1A/1, admeasuring 21 R of Village Mangalapur, Tqhasil Sangamer, Dist. Ahmednagar. The notices were served upon all the defendants to the suit. On 27th June, 2001 the said Civil Suit No. 10 of 2001 was decided against the respondent Nos. 1 and 3 exparte, whereas against the respondent No. 2 without Written Statement suit was proceeded. By Judgment and Order dated 26th June, 2001, the said suit came to be decreed. The Special Dharkhast bearing No. 26 of 2002, was filed by respondent Balasaheb, seeking partition and separ...
Rahul S/O Vijay Haul, Age 24 Years, Vs. the Union of IndiA. and ors.
Court: Mumbai Aurangabad
Decided on: Oct-19-2010
01. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, petition is taken up for final hearing at the admission stage.02. The petitioner has filed the present petition under Article 226 of the Constitution of India and thereby prayed for writ of mandamus or any other writ or directions to Respondent Nos. 2 and 3 to conduct the medical test of the petitioner and to issue appointment order to him for the post of Constable (G.D.) in pursuance of the advertisement dated 12.1.2007 issued by Respondent No.2. Respondent No. 1 herein is the Union of India and Respondent No.2 is the Additional Deputy Inspector General, Central Reserve Police Force, Group Centre, CRPF, Talegaon Dabhade, post Vishnupuri, Taluka Maval, District Pune, whereas Respondent No.3 is the Presiding Officer, Central Reserve Police Force, Recruitment Board, Centre at Ahmadnagar, Ahmednagar. 03. Pursuant to the advertisement dated 12.1.2007 issued by Respondent No.2 for recruitment to t...
Dhanraj S/O Ramdas Patil, Age 53 Years, and ors. Vs. State of Maharash ...
Court: Mumbai Aurangabad
Decided on: Oct-14-2010
1 By the present petition, filed by the petitioners under Article 226 of the Constitution of India, the petitioners prayed as follows :" [C] By appropriate writ, direction or orders in the nature of writ, the respondents be directed to maintain ratio of only 24% in respect of post Head and Assistant Head Master with respondent no.4 Shivaji Vidya Prasarak Sanstha.[D] By appropriate writ, direction or orders in the nature of writ, the respondent no.4 Shivaji Vidya Prasarak Sanstha be directed to get the caste claims verified from the respective caste scrutiny committee of the teachers who have obtained benefits on the basis of reservation. "2 Respondent no.1 is the State of Maharashtra through the Secretary, Education Department and respondent no.2 is the Director of Education, Maharashtra State; whereas respondent no.3 is the Education Officer (Secondary), Zilla Parishad, Dhule and respondent no.4 is Shri Shivaji Vidya Prasarak Sanstha, a registered public trust through its Chairman and...
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