Mumbai Nagpur Court December 2010 Judgments
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Khairipura Binaki Mangalwari Premnagar Niwasi Action Committee and ors ...
Court: Mumbai Nagpur
Decided on: Dec-23-2010
J U D G M E N T : Rule.Rule returnable forthwith. Heard finally with consent of learned counsel for rival parties.2. The present writ petition is in the nature of Public Interest Litigation and was heard from time to time and various orders were also passed. It is seen that respondent no.7 Maharashtra State Road Development Corporation has constructed a Fly Over for catering the needs of the commuters of Itwari, Gandhibagh and Kamptee area on Mumbai Calcutta railway track at Nagpur. There is a railway crossing passing below the Fly Over, which is being used for commuting on both the sides of the said Fly Over. The said Railway crossing is manually operated by four persons in shifts engaged by the Railways. After construction of the said Fly Over, the Railways took a stand that the said Railway crossing manually operated is no more needed and therefore they decided to close the same for ever. It is in this background, the present writ petition appears to have been filed.3. During the co...
The Akola Janata Commercial Cooperative Bank Ltd. Vs. Raju Natthuji Ba ...
Court: Mumbai Nagpur
Decided on: Dec-23-2010
Heard. Admit. Heard finally with consent of learned Counsel for the parties.2) This letters patent appeal is filed against the judgment dated 22.3.2010 passed by the learned Single Judge of this Court dismissing the writ petition of the appellant. The appellant had challenged the order dated 21/7/2009 in Special Darkhast No.36/2010 by which the Court of Civil Judge, Senior Division, Akola recalled the warrant issued under Order 21 Rule 66 of the Code of Civil Procedure in execution proceedings filed by the appellant Bank.3) A dispute in relation to recovery of loan from the respondents herein was referred to an Arbitrator under Section 84 of the Multi State Cooperative Societies Act, 2002. The Arbitrator passed an Award in favour of the appellant Bank. The appellant Bank then levied execution in the Court of Civil Judge, Senior Division, Akola. The respondents filed an application praying for dismissal of the execution on the ground of jurisdiction. The executing Court upheld the objec...
Sau. Vidya Wife of Vishnu Vanare and ors. Vs. the State of Maharashtra ...
Court: Mumbai Nagpur
Decided on: Dec-23-2010
1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties. 2. In the present petition, the petitioner is seeking implementation of Government Resolution dated 12.3.2008 in her case to be made by the Zilla Parishad, Buldhana i.e. by appointing her to the post of Anganwadi Sevika.3. It has been observed by this Court that Anganwadi helpers and Anganwadi Sevikas who hardly get honorarium @ Rs.1,000/- to 1200/- per month and who work in rural areas straightway rush to this Court invoking the jurisdiction under Article 226 of the Constitution of India in the matters pertaining to their employment i.e. termination, regularization etc.. In the instant case, we find that the petitioner claims that she has been working as Anganwadi helper since 1.11.2001 by an order of appointment made by the Zilla Parishad, Buldhana. According to her, in the year 2007 Anganwadi Sevika working at Mouza Dhanora (Bk) Tq. Nandura District Buldhana resigned and...
Unknown Vs. the Nagpur Municipal Corporation and ors.
Court: Mumbai Nagpur
Decided on: Dec-23-2010
1. RULE. Made returnable forthwith.2. Heard finally by consent of the parties. HE FACTST :3. This public interest litigation is initiated in exercise of suo motu powers of this Court based on the news item published in local daily "Navbharat" dated 11th and 12th November, 2010 exposing pathetic road conditions, rampant encroachment on the footpaths and chaotic conditions due to traffic congestion, water logging at various places in rainy season for want of proper drainage, unauthorized hotels and shop owners throwing garbage and dirty water on the road, coupled with unauthorized taxis and two wheelers parking on the footpaths in the surroundings of the Nagpur Railway Station. This Court was issued notices to the Nagpur Municipal Corporation, Nagpur Improvement Trust, Commissioner of Police, Nagpur, Collector, Nagpur, Road Transport Officer, Divisional Railway Manager, Central Railway, Nagpur.4. In reply to the notices, the noticees appeared before this Court and filed their replyaffida...
Bahujan Vikas Mandal, Akola Vs. Ku. Manda Vithalrao Parsutkar
Court: Mumbai Nagpur
Decided on: Dec-22-2010
1] This writ petition challenges the judgment and order dated 20.11.2007 passed by the learned Presiding Officer, School Tribunal, Amravati, allowing Appeal No. 63/2002, filed by Respondent No.1 and setting aside resolution passed by the petitioners on 29.10.2002, accepting the resignation alleged to have tendered by the Respondent No.1, on 30.7.2002, which is considered to be the otherwise termination of the service. The order of reinstatement and backwages has also been passed and this is the subject matter of challenge in this petition preferred by the Management. 2] The facts leading to the case are as under The respondent no.1 was appointed as an Assistant Teacher on 3.7.1995. She was appointed as incharge headmistress from 1.7.1996 to 31.7.2002. The case of the Management was that the respondent no.1 had tendered her resignation on 30.7.2002, which was received by the Management on 1.8.2002. The Management by its resolution dated 29.10.2002, accepted the said resignation and it w...
The State of Maharashtra Vs. Sanjay Eknath Ingle and anr.
Court: Mumbai Nagpur
Decided on: Dec-16-2010
1. The State of Maharashtra has assailed the acquittal of respondents/ original accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code rendered by the Sessions Judge, Buldana in Sessions Case No. 42 of 1997 vide judgment and order dated 19th July 1997. Bahinabai Kaniram Baja (P. W. 2), mother of victim Shrirang has similarly challenged the said acquittal by filing Criminal Revision Application No. 158 of 1997.2. The incident leading to the prosecution of respondents/accused as could be gathered from the evidence of P. W. 2 Bahinabai, P.W. 6 Gopal and P.W. 8 Shrikrishna is that on 4.1.1997 wife of deceased Shrirang was away from matrimonial home as she had gone to her parents' place and, therefore, P. W. 2 Bahinabai who was residing just few houses away from the house of Shrirang had gone to his place for cooking food for Shrirang and his children. She left the place of Shrirang at about 08.30 p.m. Immediately thereafterafter her son Shrirang ...
State of Maharashtra Vs. Sunil Son of Vishwanath Borkar
Court: Mumbai Nagpur
Decided on: Dec-15-2010
Judgment :1. Heard rival submissions at length on this appeal preferred by the State of Maharashtra against acquittal of respondent/original accused. Perused the evidence recorded before the learned Additional Sessions Judge, Nagpur. Also perused the reasoning given by the learned Additional Sessions Judge while deciding 2. The impugned judgment and order acquitting the respondent/original accused was passed by 4th Additional Sessions Judge, Nagpur on 10th March 1997. Respondent/accused was acquitted of the offence punishable under Section 302 of the Indian Penal Code. Being aggrieved by the said judgment and order of acquittal, the State of Maharashtra preferred the appeal which is under consideration.3. Initially, another lawyer was representing respondent/accused. However, when the matter was taken up for final hearing before us, respondent was not represented. As such, ultimately, learned Advocate Mr A. S. Mardikar was appointed to represent the respondent in the present appeal.4. ...
Eknath Pandurang Dighole Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Dec-15-2010
1. Heard. Admit. Taken up for final hearing by consent of the parties.2. This appeal is filed by a Kerosene dealer against the order of suspension of Kerosene license granted to him under the provisions of the Maharashtra Kerosene Dealers' Licensing Order, 1966, framed under the powers conferred by clauses (c), (d), (i), (ii) and (j) of subsection (2) of section 3 of the Essential Commodities Act, 1955.3. It was questioned before the learned Single Judge, that the District Supply Officer, Buldhana suspended the license of the appellant without specifying any period during which it would remain in force. In other words, the suspension is for an indefinite period. The power to suspend license has been conferred on the authority by clause (10) of the Maharashtra Kerosene Dealers' Licensing Order, which reads as follows."10. Provision for cancellation or suspension of licence. No holder of a license or his agent or servant or any other person acting on his behalf shall contravene any of th...
Sayyed Firoz Sayyed Ismail Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Dec-14-2010
:1. Heard rival submissions. Perused the reasonings given by the Extra Joint Ad-hoc Additional Sessions Judge, Pandharkawada (Kelapur) while deciding Sessions Trial No. 20/2004. Also perused the substantive evidence of 13 prosecution witnesses and certain relevant documents including postmortem report apeal449.10.odt 2/12 and injury certificate of the appellant/accused No.1.2. Present appellant/accused No.1 faced Sessions Trial No. 20/2004 along with 2 other co-accused. They faced the charges punishable under Sections 302, 201, 211, 498-A read with Section 34 of the Indian Penal Code. By judgment and order dated 23/7/2010 in Sessions Trial No.20/2004, present appellant/accused No.1 was convicted for the offence punishable under Sections302 I.P.C. and was sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for 6 months. He was also convicted for the offence punishable under Section 201 I.P.C. and sentenced to suffer simple ...
Haldiram Foods International Limited. Vs. City of Nagpur Corporation
Court: Mumbai Nagpur
Decided on: Dec-09-2010
:This petition filed under Articles 226 and 227 of Constitution of India filed by an assessee challenges the order dated 06.09.2010 passed below Exh. 14 in Miscellaneous Appeal No. 167 of 2010 by District Judge 3, Nagpur, refusing to grant stay to the assessment and levy of property tax by Nagpur Municipal Corporation. The said appeal has been filed by the petitioner under Section 130 of the City of Nagpur Corporation Act, 1948, (hereinafter referred to the Act) and is still pending. On 16.09.2010, while issuing notices, the petitioner was directed to deposit an amount of Rs.18,67,320/ with the Registry of this Court and accordingly that amount has been deposited. According to the petitioner, corrected tax works out to Rs.18,67,320/ and that was already paid by it. This amount was in addition to that amount already paid.2. Shri M.G. Bhangde, learned Senior Advocate with Shri R.M. Bhangde, Advocate for the petitioner has urged that refusal to grant stay on the ground that provisions of...
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