Mumbai Nagpur Court July 2010 Judgments
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Sau. Asha Sopan Maithane, Aged 36 Years, Vs. Deorao Ramkrishna Wanare ...
Court: Mumbai Nagpur
Decided on: Jul-29-2010
1 With the consent of Shri Khapre, learned counsel for the petitioner and Shri Deshpande, learned counsel for respondents No. 7, 8, 10 & 11, writ petition is heard finally by making rule returnable forthwith.2. The petitioner plaintiff has challenged the order dated 02.09.2009 passed below Exh. 93 by Civil Judge, Senior Division, Khamgaon, upholding the objection to the valuation of Court Fee raised by the respondents and directing him to pay deficit court fee stamp as per provisions of Section 6(iv)(ha) and 6(iv)(d) of the Bombay Court Fees Act, 1959, (hereinafter referred to as the Act).3. Shri Khapre, learned counsel has contended that the objection raised before the trial Court is misconceived. The suit as valued at Rs.4,60,000/ is proper and provisions of Section 6(iv)(d) have been satisfied in the matter. The plaintiff has sought 1/4th share after the partition of agricultural land and its possession. The relief of cancellation of sale deed and declaration and ownership is in rel...
National Insurance Company Limited Through Divisional Manager, and ors ...
Court: Mumbai Nagpur
Decided on: Jul-27-2010
These Appeals have challenged (i) the judgment and award dated 3.10.2008 in MACP No. 189/2006 ; (ii) the judgment and award dated 6.10.2008 in MACP No.188/2006; and, (iii) the judgment and award dated 4.10.2008 in MACP No,.140/2006 passed by the learned Member, Motor Accident Claims Tribunal at Washim ( in short "the Tribunal") in Claim Petitions filed under section 163 of the Motor Vehicles Act, 1988 ( in short "the said Act").2. Facts briefly mentioned are : In an accident which occurred on 17.3.2006 in the morning near Ansing Chowk in Washim Division of District Akola, while motor cycle No. MH37 : 9302 driven by Vishnu Maske from Wai to Ansing by which Gajanan Napte and Sayali, young girl aged 13 years, were also riding, were forcefully dashed by Tata Sumo vehicle No. MH 29L: 613 driven rashly and negligently and in a breakneck speed, resulting in death of Sayali, aged about 13 years and permanent disability to motor cyclist Vishnu Mhaske, aged 22 years and Gajanan Napte, aged 21 ye...
Prabhakar Dadaji Darne Aged About 53 Years. Vs. Sharad S/O Janrao Darn ...
Court: Mumbai Nagpur
Decided on: Jul-27-2010
This appeal is directed against the judgment and order dated 22.4.1998 passed in Regular Civil Appeal No.129/1995 by learned 2nd Additional District Judge, Wardha, who confirmed the judgment and order passed by the trial Court, except to the extent of awarding compensatory cost to the original defendant. The order granting compensatory costs was set aside. In the trial Court, learned Civil Judge, Jr.Dn., Wardha had dismissed the Regular Civil Suit No.143/ 1993 awarding compensatory cost of Rs. 500/payable to the defendants.2. Facts briefly are :The plaintiff had instituted the suit for possession based on title to the suit property i.e. Plot No.27 admeasuring 40' x 20' situated at Takli Tal. & Dist. Wardha. The suit plot was owned by father of the plaintiff and bequeathed in his favour under Will dated 26.3.1981. The defendant who is not concerned with the plot started storing /keeping firewood in the suit plot, which the plaintiff objected. On 5.5.1993, the defendant dug a pit with a ...
Santosh S/O Annaji Deshmukh Aged About 40 Years, Vs. Rambhau S/O Bhauj ...
Court: Mumbai Nagpur
Decided on: Jul-27-2010
1.This Second Appeal was admitted on 12.10.1999 on the following substantial questions of law :"(i) Whether the suit plot purchased in the name plaintiff's father could be treated as joint family property when the simultaneous purchase of another plot in the name of Daulatrao has not been treated as property of the joint family?(ii) Whether the Court below ignored that plaintiff's father had separate income with the help of which he would purchase the property and whether existence of sufficient nucleus is established from the facts found by the Court below?"2. I have heard at length the submissions at the Bar with reference to substantial questions mentioned above.3. Genealogical order or family tree is given hereinbelow in order to understand the controversy in an easy way: Krishnaji| | | Bhavji Annaji Daulatrao | |Rambhau Santosh(Defdt,/Resp.) (Plff/Appellant)4. The plaintiffSantosh has instituted suit for ejectment of Rambhau (original defendant) and to recover possession of suit p...
Bhartiya Vidya Bhavan, Through Its Registrar, and anr. Vs. Presiding O ...
Court: Mumbai Nagpur
Decided on: Jul-22-2010
1. The petitioners have questioned applicability of Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (hereinafter referred to as the "Act") and, therefore, the tenability of the appeal filed against them by a teacher, whose services are terminated. The petitioner is a School affiliated to the Central Board of Secondary Education, Delhi and runs three schools in Nagpur. The petitionerManagement terminated the services of respondent no.2, who, thereafter, has approached the School Tribunal under Section 9 of the Act. The Tribunal took cognizance of the appeal and issued notice to the petitioner. The petitioner approached this Court questioning the applicability of the Act and tenability of the appeal. There is no dispute that the petitioner no.2 is a School, which is affiliated to the Central Board of Secondary Education, Delhi. It is, thus, not a School recognized by the Director, Divisional Board or any such Board or by any Officer recognized by State Governme...
Haribhau S/O Rajaramji Rewasekar, Aged About 60 Years, and ors. Vs. Sh ...
Court: Mumbai Nagpur
Decided on: Jul-21-2010
1. The appeal impugns judgment and order dated 5.12.1998 passed in Regular Civil Appeal No. 247 of 1992 by learned Additional District Judge, Amravati which arose from dismissal of Regular Civil Suit No. 758 of 1988 decided by Joint Civil Judge, Junior Division, Amravati on 19.9.1992.2. The plaintiff Shri Swami Narayan Mandir by Wahiwatdar had instituted Regular Civil Suit No. 758 of 1998 for recovery of possession of open plot of land admeasuring 2603 square feet bearing Plot No. 19, Gandhi Chowk, Amravati city. The defendant occupied the plot as a tenant.3. By notice dated 1.4.1988, the plaintiff had terminated tenancy of the defendant and asked the defendant to vacate and pay arrears of rent. The defendant did not comply with the notice. Hence, suit was filed.4. The defendant resisted the suit on the ground that, in absence of permission from the Rent Controller, the plaintiff could not have terminated his tenancy. The defendant also contended that the suit plot was leased in favour...
Pradeep Vishwasrao Gawande, Aged About 40 Yrs., Vs. Vishwasrao Ramchan ...
Court: Mumbai Nagpur
Decided on: Jul-20-2010
1.Heard the learned Counsel for the respective parties. 2. At the hearing of this appeal, my attention has been invited to specific case pleaded by the Original defendant that he had shared and participated in purchasing various properties and that all the properties including the house in dispute are the joint family property and thus, it is contended that the plaintiff is not exclusive owner of the property in dispute. Despite specific contention and case of the defendant, learned Counsel for the appellant has submitted that, the learned trial Judge, in para 17, while disposing of Special Civil Suit No. 43 of 2003, made observations as follows :" However, said contention of the defendant clearly appears to be after-thought, because pleading and evidence of the defendant does not disclose that he has paid Rs.1,00,000/- to the plaintiff. "3. According to the learned Counsel for the appellant, this was quite contrary to the contentions pleaded in para 9 of the Written Statement. Further...
Vijay Aabarao Raje Age : 32 Years, Vs. the State of Maharashtra Throug ...
Court: Mumbai Nagpur
Decided on: Jul-19-2010
1. Leave to amend prayer clause `B' granted.2. Heard learned counsel for the parties.3. Rule. Rule made returnable forthwith. By consent of learned counsel for respective parties, the matter is taken up for final hearing, at the stage of admission.4. By the present Petition filed by the petitioner under Article 226 of the Constitution of India prayed for issuance of appropriate writ for quashment of impugned order dated 19th January, 2010 in Appeal No.2009/305/VS-5 passed by the respondent no.1 and consequently prayed that the said appeal preferred by the petitioner be allowed and also prayed for quashment of impugned order dated 15th September, 2009 passed by respondent no.2 externing the petitioner from three districts i.e. Nanded, Latur and Parbhani.5. FACTUAL MATRIX :-It is the case of the petitioner that notice dated 23rd June, 2009 under Section 56-B of the Bombay Police Act, 1951 issued by respondent no.2 was served upon petitioner alleging therein that the Incharge Officer of K...
Smt. Sharda W/O Purushottam Chore, Aged 49 Years, Vs. the State of Mah ...
Court: Mumbai Nagpur
Decided on: Jul-19-2010
1.Rule. Rule returnable forthwith. Heard finally with the consent of learned counsel for the parties.2. The petitioner seeks admission to Post Graduate Nursing Course with the respondent no.3 Institute of Nursing Education, Mumbai.3. The main contention of the petitioner is that the requirement imposed by respondent no.2 that the candidate must have 5 years' experience in Government service after passing of any of the examination of basic B.Sc. Nursing is illegal, being contrary to Regulations prescribed by The Indian Nursing Council Act, 1947. We find variance between the Regulations placed by the Indian Nursing Council which provides minimum one year of work experience after Basic B.Sc. Nursing and minimum one year of work experience prior or after Post Basic B.Sc. Nursing and the requirement by respondent no.2 which is five years' experience. Section 16 (g) and (h) of The Indian Nursing Council Act, 1947 reads as follows "16 (g) prescribing the standard curricula for the training of...
Union of India, Through General Manager, Central Railway, Mumbai, and ...
Court: Mumbai Nagpur
Decided on: Jul-16-2010
1. Being aggrieved by the order dated 31.7.1996 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 369/OAI/RCT/NGP/91 allowing the claim of respondent for Rs. 2,22,320/ awarding thereon interest at the rate of 9% from the date of application till the date of order and future interest at the rate of 6% from the date of order till realization, appellants have preferred the instant First Appeal.2. Respondent was consignee in respect of Boiler Spares despatched by M/s Bharat Heavy Electricals Limited, Tiruchirapalli. When the consignment arrived at the destination station, it was found in broken condition and, therefore, respondent demanded open delivery which was granted by the Railway Authorities. In the Joint Open Delivery Report, shortages as described in the claim petition were detected. Respondent lodged claim for Rs. 3,07,773.14 with appellant no.1. It was informed by appellant no.1 that that the claim was transferred to appellant no.2 as the destin...
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