Mumbai Nagpur Court June 2011 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sanjay S/O Arjun Dhule Vs. State of Maharashtra and ors.
Court: Mumbai Nagpur
Decided on: Jun-30-2011
1) Rule with the consent of the parties made returnable forthwith and heard. 2) This petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 29th January, 2011, by which order the Additional Commissioner, Tribal Development, Amravati- respondent No.2 has refused to entertain the appeal on the ground that he has not been so empowered by any order passed by the State Government. 3) During the course of hearing of the above petition, Shri Sonak, learned Assistant Government Pleader for respondent Nos.1 to 3, submits that in terms of the Full Bench judgment of this Court reported in 2002 (3) Mh.L.J. 659 in the matter of Suryakant Sheshrao Panchal vs. Vasantrao Naik Vimukta Jati Bhatakya Jamati Aadarsh Prasarak Mandal and others, wherein it has been held that Ashram Schools are not the Private Schools falling within the ambit of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and therefore, the remedy of A...
Manikrao S/O Narayanrao Bhoge and ors. Vs. Shri Maheshkumar S/O Bansil ...
Court: Mumbai Nagpur
Decided on: Jun-30-2011
1. Being aggrieved by the judgment and decree dated 12.9.1994 in Regular Civil Appeal No.398/1987 by which the first appellate Court reversed the judgment and decree dated 28.7.1987 passed by the 4th Joint Civil Judge, Junior Division, Amravati in Regular Civil Suit No.439/1982, the present appeal was filed by the appellants. FACTS : 2. Appellants the original plaintiffs brought suit bearing Regular Civil Suit No.439/1982 for declaration for right or way and for perpetual and mandatory injunction in relation to the way shown by letters A1 to A7 for approaching to their respective fields. They filed a map along with plaint. There is a main road going from Amravati to Walgaon. There is also a Government link road shown by letters A1, A2, B1, B2 and B3 which runs from Changapur Phata to village Changapur. This link road joins Amravati- Walgaon road A1 and passes through field Survey Nos.35 and 34. All the appellants/plaintiffs reach to their respective fields by the said link road from A1...
Pratap Nagarik Sahakari Patsanstha Ltd. Vs. the Collector and ors.
Court: Mumbai Nagpur
Decided on: Jun-29-2011
1. Rule, with the consent of the parties, made returnable forthwith and heard. 2. The above petitions involve a common question and therefore are heard together and disposed of. 3. The facts in each of the above petitions are identical, however, for convenience sake the facts in Writ Petition No.2681 of 2011 would be narrated. 4. The petitioner in the said petition is aggrieved by the order dated 26/5/2011 passed by the Collector, Gondia by which order the application filed by the petitioner for inclusion of its name in the provisional voters' list for elections to the respondent no.3 - Society came to be rejected. The said rejection is on the ground that in terms of Rule 4 of the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971, the petitioner does not qualify for its name being included in the provisional voters' list as it has not completed three years qualifying period prior to the cut off date. The rejection in case of the other petitioners is also o...
Pandharinath Condbaji Sahare Vs. State of Maharashtra and ors.
Court: Mumbai Nagpur
Decided on: Jun-29-2011
1. Heard both sides. Perused the record. Criminal 2. By the present petition, reliefs which the petitioners are seeking are quoted below: (i)" direct the respondent Municipal Council to initiate an enquiry for the reasons of leakage of water due to which the citizens of Hinganghat were affected, and; (ii) direct the Municipal Council to initiate prosecution against the erring officers of Municipal Council for their negligence/failure to supply pure drinking water to the citizens of Hinganghat, and; (iii)direct the State as well as by Municipal Council, Hinganghat and the erring officer of the respondent Municipal Council to pay appropriate compensation to the tune of Rs.10,00,000/- to the petitioners for the loss of their son, and; (iv) direct the respondent State or the Municipal Council to give employment to one of the son of the petitioners so as to save the family from starving." [Quoted from pages no.18 & 19 of petition paper book] BACKGROUND 3. The petitioners' claim is based...
Smt. Sheetal W/O. Hitesh Thawkar Vs. Hitesh S/O. Vijay Thawkar and anr ...
Court: Mumbai Nagpur
Decided on: Jun-28-2011
1. Rule. Rule made returnable forthwith. Heard Mr.A.A.Sonak, Adv. for the applicant and Mr.Masood Shareef, Adv. for respondent nos. 1 and 2. 2. By this application under Section 482 of the Code of Criminal Procedure, the applicant has prayed for quashing and setting aside the order dated 3rd September, 2010 passed in Criminal Appeal No.177 of 2010 by the learned Additional Sessions Judge-7, Nagpur with consequential prayer to restore the order dt.18.6.2010 passed below Exh.16 in Criminal Application No.541 of 2010 by 20th Joint Civil Judge (Jr.Dn.) and J.M.F.C.Nagpur. It appears that the present applicant had filed proceedings against her husband and mother-in-law under Section 12 r/w. Sections 17, 18 and 19 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act of 2005"). Along with the main application, the applicant had also moved another application for grant of interim relief with averments that the applicant along with her husband (respon...
Deepak Prabhakarrao Chondekar and ors. Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-27-2011
1. Rule. Taken up for final hearing by consent at the stage of admission. Heard submissions at the Bar. The Petitioners have prayed for to quash and set aside the charge-sheet dated 30/12/2010, in Criminal Case No.114 of 2010, filed before the Judicial Magistrate, Kelapur, Taluka Kelapur, District Yavatmal (copy annexed with the petitions). The Petitioners were charge-sheeted for alleged offences punishable under Section 306 and 284 read with Section 34 of the Indian Penal Code. 2. Pandharkawada Police Station in District Yavatmal reported that on 22/02/2010, Deputy Conservator of Forest Shri. Gopalrao Kisanrao Kale at about 7.00 to 9.30 a.m., at his official residence had consumed poison and committed suicide. The oral report was lodged by one Shri. Shamu Bhadu Rathod and accidental death case was registered as A D Case No. 16 of 2010 under Section 174 of the Criminal Procedure Code. An alleged suicide note was seized mentioning thus:- The suicide note dated 22/02/2010 attributed that...
Shri Lucky S/O Hastimal Chandak Vs. Shri Govardhandas Ramgopal Chandak ...
Court: Mumbai Nagpur
Decided on: Jun-22-2011
1. Rule, with the consent of the parties, made returnable forthwith and heard. 2. The above writ petition filed under Articles 226 and 227 of Constitution of India takes exception to the order dated 13/1/2011, by which order the application filed by the petitioner invoking Section 10 of the C.P.Code came to be rejected. 3. The petitioner is the original plaintiff in Reg.Civil Suit No.8/2007 filed by him for partition and possession of the ancestral property. The petitioner is the brother of the respondent. After the said suit came to be filed by the petitioner, the respondent no.1 herein filed Reg.Civil Suit No.7 of 2009 claiming a declaration in respect of the same property. Admittedly, the respondent is a defendant in the suit filed by the petitioner wherein the respondent no.1 has raised the claim that he is the exclusive owner of the property in question. Since the parties to both the suits are same and since the property in question is common, in my view, the issues arising in bot...
Shri Vilaschand S/O Deochand Khedikar and ors. Vs. Shri Bhimchand S/O ...
Court: Mumbai Nagpur
Decided on: Jun-21-2011
01) The Learned Second Additional Judge, Small Causes Court, Nagpur, by its judgment and order dated 9.3.2007, has decreed the Regular Civil Suit No.404 of 2002. The petitioner/defendant, who is the tenant has been directed to deliver the vacant and peaceful possession of the suit premises to the respondent/plaintiff and enquiry into the future profits has also been directed to be made. The decree for eviction has been passed on the ground of arrears of rent and bonafide need. Regular Civil Appeal No.229 of 2007 filed by the petitioner challenging the decree passed by the Small Causes Court has been dismissed by the judgment and order dated 5.2.2010, by the Appellate Court. 02) The learned Counsel for the petitioner has raised three points (1) the landlord has given an admission that there are other properties owned by him and the said properties have not been disclosed, (2) the burden to establish the bonafide requirement is upon the landlord, however the Trial Court has shifted the s...
Kamalkunj Co-operative Housing Society Ltd. Vs. Shankar S/O Pundlik Th ...
Court: Mumbai Nagpur
Decided on: Jun-21-2011
1. Rule, with the consent of the parties, made returnable forthwith and heard. 2. The above writ petition filed under Articles 226 and 227 of Constitution of India, takes exception to the order dated 15.09.2010, by which order the application exhibit 107 for referring the documents mentioned in paragraph 3 of the application, more specifically in the table appurtenant to the said paragraph, came to be rejected. The said documents are in the nature of receipts allegedly executed by the respondent no.1 herein in favour of the petitioner society. The said documents were produced during the evidence of the plaintiff. Though the said documents are marked, they are not exhibited and have been marked as articles, since the defendant denied his signature on the said documents. 3. The trial Court rejected the said application on the two grounds. Firstly, the said application was filed belatedly and that the signature of the defendant no.2 can be compared with the signature of the defendant no.2...
Shaikh Gaffar S/O Shaikh Abdulla Vs. Gajanan Bajirao Chaudhari and ors ...
Court: Mumbai Nagpur
Decided on: Jun-21-2011
1) Rule, made returnable forthwith. Heard finally with consent of the learned Counsel for the parties. 2) The above petition takes exception to the order dated 31/8/2010 passed by the 5th Joint Civil Judge, Junior Division, Nagpur whereby the application (Exh. 136) filed by the petitioner in the suit filed by him being Regular Civil Suit No. 211/99 came to be rejected. 3) By the said application (Exh. 136), the petitioner was seeking to amend the prayer clause so as to substitute Patwari Halka No. 37 by Patwari Halka No. 34-A. The said application came to be rejected by the trial Court on the ground that the said amendment sought was not on account of any subsequent development and that no reason has been given by the plaintiff as to why the amendment was moved at the said stage. 4) During the course of hearing of the petition, Shri Bhide, learned Counsel for the petitioner, submitted that though in the amendment application Patwari Halka No. 34-A has been mentioned, the petitioner in...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »