Mumbai Nagpur Court August 2011 Judgments
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Shrichand S/O Rochaldas Khemani and anr. Vs. Abdul Razzak S/O Abdul Aj ...
Court: Mumbai Nagpur
Decided on: Aug-26-2011
1. By this application for review, the applicants -tenants are seeking review of the judgment dated 21.10.2010 delivered in Writ Petition No.711/2010. In that Writ Petition styled as one under Articles 226 and 227 of the Constitution of India, they had questioned the judgment dated 12.12.2006 passed by the learned 2nd Additional Judge, Small Causes Court, Nagpur in Regular Civil Suit No.326/2002 and subsequent judgment and decree dated 9.12.2009 of Appellate Court in Regular Civil Appeal No.24/2007. The respondents-landlord had sought their eviction on the ground that the premises were required on account of bona fide need. The trial Court as also the Appellate Court accepted that need and this Court rejected tenants' Writ Petition on 21.10.2010. The learned counsel for the tenants had sought time of eight weeks to approach the Hon'ble Apex Court. That request was opposed but then the said period was granted on condition of tenants' depositing all monetary part as per the impugned judg...
Hindustan Unilever Ltd. Vs. Hindustan Lever Kamgar Sangh and anr.
Court: Mumbai Nagpur
Decided on: Aug-25-2011
1) Rule with the consent of the learned counsel for the parties made returnable forthwith and heard. 2) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 15/04/2011 passed by the Industrial Court, Akola Bench, Akola ("Tribunal" for short), by which order the application Exhibit-9-B as amended by application Exhibit-25 was allowed and the respondent Company was directed to pay an amount of Rs.3,500/- per month as an interim relief to the TO. T-1, T-2, T-3, T-4 & T-5 grade of employees with effect from 01/06/2008 till the decision of the Reference. The Industrial Court also directed that the arrears of the interim relief with effect from 01/06/2008 to 31/03/2011 shall be paid by the respondent Company in three equal installments in the month of June, July and August, 2011 respectively. 3) The above petition therefore is directed against the interim order passed by the Industrial Court in the said Reference Proceedings ...
Yawalkar Pesticides Pvt .Ltd. Vs. Nagpur Municipal Corporation and anr ...
Court: Mumbai Nagpur
Decided on: Aug-23-2011
1. The prayer in the present writ petition is for to quash and set aside the impugned communication dated 10th October, 1995 issued by the second respondent and for issuance of an appropriate writ directing the respondents to refund the entire amount of the octroi duty collected from the Petitioner during the period from 18.04.1985 to 15.4.1995 on raw materials imported by the Petitioner from outside the city limits, but, immediately taken for being consumed in their factory situated outside the Octroi limits of the respondent/Municipal Corporation. In the alternative, it is prayed that direction be issued to the respondent to decide the application of the Petitioner for refund dated 25.7.1995 afresh after giving an opportunity of hearing to the Petitioner to substantiate its claim by documentary and available evidence within a stipulated period of two months from the date of decision of the Writ Petition. 2. Heard the submissions advanced before us. Perused copies of the documents ann...
Niranjan Laxminarayan Yeddeloo Vs. the State of Maharashtra and ors.
Court: Mumbai Nagpur
Decided on: Aug-18-2011
1. The applicant/ petitioner employee of Respondent No. 3 has sought review of the judgment dated 09.04.2009 passed by this Court in Writ Petition No. 1505 of 2006. The Hon'ble Apex Court permitted its filing when said judgment was questioned in Special Leave Petition (Civil) 11159 of 2009 and on 12.05.2009 it has requested this Court to have a fresh look as the judgment earlier delivered by this Court in the case of Anil Ramdas Mede vs. State of Maharashtra & Ors. (Writ Petition No. 5090 of 2003 decided on 26.08.2004) holding Telugu to be a language and not a caste was not considered and there was no finding in that connection in the impugned judgment. Reference to documents is as per their serial number in order of Scrutiny Committee. 2. We have heard Shri Kilor, learned counsel for the applicant/ petitioner, Shri Parihar, learned AGP for respondent No. 1, Mrs. Deshpande, learned counsel for respondent No. 2 and Shri Mohgaonkar, learned counsel for respondent No. 3 in t...
Basawesar Son of Chandrashekhar Tambakhe Vs. the Gram Panchayat and or ...
Court: Mumbai Nagpur
Decided on: Aug-17-2011
1. By this petition filed under Article 226 of the Constitution of India, petitioner, who is citizen of India and resident of village Silewada within the jurisdiction of respondent no. 1 Gram Panchayat, has challenged Resolution No. 6 dated 30th July 1994 passed by respondent no. 1 whereby it called for information from house owners about valuation of their houses and provisions of rule 7 of the Maharashtra Village Panchayats Taxes and Fess Rules, 1960 (for short, the "1960 Rules") in so far as the same permits levy of property tax by respondent no. 1 on the basis of capital value of the lands/buildings. 2. This Court had issued rule on stay while admitting petition on 25.10.1996. On 24.2.1998 that rule on stay was discharged, with the result, there is no interim order operating in the matter. 3. We have heard Mr C.N. Deshpande, learned counsel for the petitioner and Mr T.R. Kankale, learned Assistant Government Pleader for respondent no. 3 State Government. Nobody has appeared for res...
Divisional Controller Vs. Mohd. Khan S/O Jabbar Khan
Court: Mumbai Nagpur
Decided on: Aug-16-2011
01) Rule made returnable forthwith. Heard Shri V.G.Wankhede, the learned Counsel appearing for the petitioner and Shri Pathak, Advocate h/f Shri S.N.Dandekar, the learned Counsel appearing for the respondent. 02) This petition challenges the order dated 3.3.2008 passed by the Second Labour Court, Nagpur in IDA Case No.265 of 2005 filed under Section 33C(2) of the Industrial Disputes Act, 1947.03) The petitioner is directed to pay an amount of Rs.1,93,775/- along with interest @ 7% per annum from the date of order till its realization to the respondent/applicant, within a period of two months from the date of order. The amount directed to be paid, is towards arrears of the difference arising out grant of regular time-scale. It is for the period from 1994 to 2005. 04) The contention of Shri V.G.Wankhede, the learned Counsel appearing for the petitioner/non- applicant, is that on 16.10.1999 the settlement has been arrived at and as per the said settlement, the earlier regular time-scale h...
Ramsukh S/O Mishrilal Jadiya and ors. Vs. Smt.Hangamabai Wd/O Jawaharm ...
Court: Mumbai Nagpur
Decided on: Aug-12-2011
1. Rule, with the consent of the parties, made returnable forthwith and heard. 2. The above petition takes exception to the order dated 23/12/2010 passed by the learned 4th District Judge, Amravati, by which order the application filed by the respondent no.2 being Exh.46 for dismissal of the Appeal, as being abated, came to be allowed and the Appeal filed by the petitioners came to be dismissed as being abated. 3. The facts necessary to be cited for adjudication of the above petition can be stated thus - The petitioners herein are the heirs of one Ramsukh Mishrilal Jadiya, who was the original plaintiff along with one Sau.Sitabai and Sau.Kamalabai, who were his sisters and who had filed Small Cause Civil Suit No.189 of 2002 for ejectment and possession against the respondents under Section 16(1)(g) and (i) of the Maharashtra Rent Control Act, 1999 in respect of the ground floor shop. The said plaintiffs had succeeded to the said shop in question and other properties upon the death of o...
Vikas Motiram Ghodke Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-12-2011
Top of Form 1. By this revision, the revision applicant questions legality, propriety and correctness of the Judgment and order dated 29.03.2011 passed by the learned Sessions Judge Akola in Criminal Appeal no 18 of 2009 dismissing the appeal which arose from the conviction of the applicant for the offence punishable under section 354 of the Indian Penal Code in Summary Criminal Case No. 9602 of 2006 decided by the learned Judicial Magistrate, First Class, Akola. 2. The facts, stated in brief, are as under :- That the first informant Ku. Swati Mhaisne lodged a report on 14.02.2006 at about 9 a.m. that she had gone to Shivam General Stores at Vardhman Nagar Kaulkhed, Akola to buy refill for the Pen. The applicant who was the shopkeeper was present in the shop. She gave Rs. 1/- to the applicant and asked for the refill. The applicant asked her name and called her inside and outraged her modesty by putting his hand on her cheek and also put his hand inside her petticoat, touching her priv...
Aleem Khan Salim Khan Vs. Sub-divisional Officer and ors.
Court: Mumbai Nagpur
Decided on: Aug-11-2011
Top of Form 1. Rule. Taken up for hearing and Heard by consent at the stage of admission . 2. The petitioner by this Writ Petition under Article 226 of the Constitution of India has questioned the order dated 08/03/2011 passed by the Sub Divisional Magistrate, Morshi, District Amravati, who, in exercise of the power under Section 56 (a) and (b) of the Bombay Police Act , 1951 ordered externment of the Petitioner for the period of two years from the District on the ground that the Petitioner is indulging in various types of cases and due to which, the life and properties of the people of Morshi area have been put to danger and social fabric of the society has become disturbed . 3. The facts, briefly stated, are as under : A proposal was moved from the Police Station Officer, Morshi dated 16/11/2010 through the Superintendent of Police (Rural), Amravati for externment of the Petitioner on the ground that there were cases registered at different Police stations against the Petitioner as f...
Jitendra S/O Manindranath Bose Vs. the State of Maharashtra and anr.
Court: Mumbai Nagpur
Decided on: Aug-11-2011
1. This reference before the Full Bench has been made on 26th of April, 2011 in view of the apparent conflict in view expressed by the Division Bench of this Court in the case of M/s Samarth Co-operative Consumers Central Stores Limited Versus State of Maharashtra and the view expressed by the Division Bench of this Court in this writ petition. Earlier, the Division Bench of this Court had, in the case of M/s Samarth Co-operative Consumers Central Stores Limited Versus State of Maharashtra & others, held that the petitioner therein, a foreign liquor licensee, was not liable to pay the license fee for the period during which he had not carried on business. Since the FL-III license of the petitioner therein was not renewed for the period from 01.04.1979 to 01.04.2004, the Division Bench held that the petitioner cannot be asked to pay the license fee for that period. The Court observed that Section 49 of The Bombay Prohibition Act, 1949 did not empower the authorities to demand licens...
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