Mumbai Aurangabad Court September 2014 Judgments
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Motiwala Land Agencies Vs. State of Maharashtra Through Principal Secr ...
Court: Mumbai Aurangabad
Decided on: Sep-29-2014
A.I.S. Cheema, J. 1. This Petition raises for consideration question, whether the Municipal Corporation can re-include same property in Development Plan regarding which reservation of earlier Plan lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 ("the Act" in brief). 2. The dispute is as follows. In 1975 Municipal Council prepared a Development Plan which was brought into force on 1st March, 1975. Site No.192 in the Plan was reserved for primary school and play ground. However the property was not acquired. Subsequently, the Municipal Council was converted into Municipal Corporation. The land Site No.192 was also included in residential zone (City Survey No.12369/104, Sheet Nos.313, 317 and 318) situated at Baijipura, Aurangabad. On 31st December 1987, notice under Section 127 of the Act was issued to Respondent No.2 Municipal Corporation. However, no proceedings were taken to acquire the land within six months as it was then required under Section 127 o...
Ashok Nankram Ahuja Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-25-2014
1. The appellant Ashok Ahuja (hereinafter referred as 'accused') has been convicted in Summary Case No.6/1996 by Special Judge, Jalgaon for contravening Order under Section 3, punishable under Section 7(1)(a)(ii) of the Essential Commodities Act and he has been sentenced to suffer rigorous imprisonment for a period of three months with a fine of Rs.1000/-, and in default to suffer further simple imprisonment for 20 days. 2. The matter relates to violation of provisions of Maharashtra Sugar Dealers' Licensing Order, 1963 (Sugar Order of 1963 in brief), as accused was found in possession of 22 quintals of sugar, without having licence, which quantity was in excess of 10 quintals permissible for retailer dealer in sugar, who does not have a licence. 3. In short, the prosecution case is as under:- On 7.6.1995, Tahsildar Sikandar Tadvi (P.W.4), posted at Bhusawal, visited the godown of the accused along with his driver Iccharam Chaudhari (P.W.5) and noticed that there were 22 bags of sugar....
Mahindra and Mahindra Financial Services Ltd. Vs. Manik Vitthal Kawle ...
Court: Mumbai Aurangabad
Decided on: Sep-25-2014
Oral Judgment: 1. Heard learned Advocates for the respective parties. 2. Rule. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal. 3. The petitioner, by this petition, seeks to assail the order dated 30.8.2012, passed by the learned Principal District Judge, Beed in Misc. Civil Application No.503 of 2011. 4. The petitioner submits the facts of the case as follows:- (A) Respondent No.1 had availed of a loan of Rs.3,95,000/- for purchasing a tractor. The said loan was obtained from the petitioner. (B) Respondent No.2 stood as a guarantor to the said loan transaction. (C) Respondent No.3 was the sole Arbitrator. (D) Since there was denial in making repayment of the loan installments and in view of the repeated requests made, which did not yield any result, the petitioner invoked the arbitration clause and the dispute as regards non payment of the loan amount was referred to the third respondent - Arbitrator. (E) Since respondents 1 and 2, despite...
The Divisional Controller, Maharashtra State Road Transport Corporatio ...
Court: Mumbai Aurangabad
Decided on: Sep-18-2014
Oral Judgment: 1. This matter was heard finally on 04/09/2014. By an order dated 10/12/2001, this petition was admitted and the petitioner MSRTC was granted interim relief in terms of prayer clause D. Prayer clause D reads as under: Pending the hearing and final disposal of the present petition, the impugned judgment and award passed by the Learned Judge, Labour Court, Ahmednagar in Reference (IDA) No.57/1992 8.8.2000 (Exhibit A) may be kindly stayed. 2. After hearing the parties on 04/09/2014, I have recorded the facts of the case as follows: (a) The respondent joined as a Conductor with the petitioner MSRTC on 14.10.1973 and worked till 7.11.1987, when he was dismissed for failing to issue tickets of the proper fare to seven and half passengers, resulting into loss of Rs.36.80 Ps. to the petitioner. (b) The respondent called in question his dismissal, dated 7.11.1987, by preferring Reference IDA No.57 of 1992. (c) By Part I order, the domestic enquiry was held to be bad in law by the...
The Divisional Controller, Maharashtra State Road, Transport Corporati ...
Court: Mumbai Aurangabad
Decided on: Sep-16-2014
Oral Judgment:1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.2. The petitioner-M.S.R.T.C. contends that the respondent was appointed as a daily wager on 27-03-1991. He was entered on the P.F. role on 15-06-1991. He was a bus driver. He was taken on temporary time scale with effect from 14-02-1992.3. The respondent was driving a bus which was involved in an accident on 18-11-1992. The said accident resulted in the death of three persons and seriously injured one person. As a consequence the respondent was dismissed on 16-03-993 after conducting a domestic enquiry under the Discipline and Appeal Rules of the petitioner.4. The respondent challenged his dismissal by filing complaint (ULP) No. 198 of 1993 before the Labour Court at Jalgaon. By its judgment and order dated 13-01-2000, the complaint was dismissed. The enquiry was held to be fair and proper and the findings of the Enquiry Officer were held to be sustainable.5. The respondent filed revis...
Gulab Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-15-2014
1. The appeal is filed against the judgment and order of Sessions Case No.218/1995, which was pending in the Court of 2nd Additional Sessions Judge, Aurangabad. The appellant is convicted and sentenced for offences punishable under sections 306 and 498-A of Indian Penal Code and sentence of rigorous imprisonment for three years is given to the appellant and total amount of fine of Rs.1500/- is imposed on him. Both sides are heard. 2. The deceased Sangita was a daughter of complainant. She was given in marriage to appellant about three years prior to the date of incident. It is the case of complainant that after few days of marriage, the deceased had started complaining to him and to relatives on parents side that the husband and his relatives were giving ill-treatment to her. She had disclosed that her husband had asked her to bring Rs.1000/- from her parents as he wanted to purchase bed for him. She had also disclosed that husband was harassing her and even giving beating to her on pe...
Dattatraya Baburao Saindar Vs. Maharashtra State Road Transport Corpor ...
Court: Mumbai Aurangabad
Decided on: Sep-11-2014
1. By an order dated 04-09-2007, this petition was admitted. No interim relief was granted to the petitioner. 2. The contention of the petitioner in brief is as follows:- a] The petitioner joined in 1975 as a driver. b] On 15-02-1981, the petitioner was manning the bus which collided with two cyclists riding one bicycle. c] One of the cyclist suffered serious injuries. d] The petitioner was initially convicted by the Criminal Court in Criminal Case No. 6675 of 1981, and was sentenced to suffer Simple Imprisonment till rising of the Court and to pay a fine of Rs. 1,000/-, in default of which he was to suffer Rigorous Imprisonment for three months. e] In Criminal Appeal No. 93/1987 filed by the petitioner against his conviction dated 24-09-1987, he was acquitted and his conviction was set aside by order dated 14-12-1990. f] A charge sheet cum show cause notice was issued on 02-05-1981 to the petitioner by the respondent. g] After concluding the disciplinary proceedings, the petitioner wa...
Sumanbai Bhaurao Shinde Vs. Marathwada Agricultural University, Parbha ...
Court: Mumbai Aurangabad
Decided on: Sep-11-2014
A.M. Badar, J. 1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is taken up for final disposal. 2] The petitioner retrenched worker of the respondent by this petition is praying for directing the respondent to consider her claim for absorption as permanent employee on available ClassIV post with the respondent. 3] The learned counsel for the petitioner submitted that land of the father of the petitioner was acquired for the purpose of the respondent University i.e. for starting a research centre at Himayatbaug, Aurangabad. A certificate to the effect was issued which states that she is a project affected person. The petitioner was working as a daily rated employee with the respondent University from the year 1981 till she was retrenched by one months' notice dated 27.2.2001. The learned counsel further submitted that the said notice of retrenchment was challenged by the petitioner by f...
New India Assurance Co. Ltd. Vs. Budha Shrawan Zodge and Others
Court: Mumbai Aurangabad
Decided on: Sep-11-2014
1. Heard learned Counsel for parties. 2. All these four First Appeals can be disposed of by common Judgment, as they arise from the common judgment and award dated 02nd July, 1997 passed by Motor Accident Claim Tribunal at Dhule in Motor Accident Claim Petitions filed by the original claimants U/sec. 166 of M.V. Act. These four First Appeals are preferred by Insurance Company on the ground that, original claimants were traveling in a goods vehicle and therefore, they are not liable to pay any compensation to the original claimants. 3. First appeal No.594/1997 is arising out of judgment and award passed by the Tribunal in Motor Accident Claim Petition No.200/1991, First appeal No 595/1997 in Motor Accident Claim Petition No.202/1991, First Appeal No.596/1997 in Motor Accident Claim Petition No.190/1191 and First Appeal No.597/1997 in Motor Accident Claim Petition No.201/1191. In the First appeal No.594/1997 Bapu Balu Chougude, Age 22 years died, in the First Appeal No.595/1997 Mohan Lax...
Vijay @ Munna Bharat Gurkhude Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-09-2014
S.S. Shinde, J. 1. Heard. 2. Rule. Rule made returnable forthwith with the consent of the counsel for the parties. 3. By way of filing this Application under Section 482 of Criminal Procedure Code, the applicant seeks quashment of criminal proceeding / Criminal Case registered as R.C.C.No. 551/2013 and now pending on the file of Chief Judicial Magistrate, Beed, District Beed. 4. The prosecution story as it emerges from the material placed on record against the applicant is as under: One Mr.Vidyanand Murlidhar Kale, working as Police Inspector, Beed City Police Station, Beed filed a complaint on 10th August, 2013. It is stated in the said complaint that, he is working with the City Police Station, Beed, since 1st December, 2011. On 13th March, 2013, in Beed City Police Station, Beed, one application signed by complainant namely Datta Vithalrao Shelke, Resident of Govindnagar, Beed, dated 15th February, 2013 was received from the office of the Superintendent of Police, Beed. The said app...
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