Mumbai Nagpur Court November 2012 Judgments
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Prakash S/O Shyamrao Belkhode Vs. Abdul Sayeed Shaikh
Court: Mumbai Nagpur
Decided on: Nov-30-2012
Oral Judgment: Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. 2. By this petition, the petitioner impugns an order passed by the trial Court on 20.02.2012, allowing an application filed by the respondent under Order 6 Rule 17 of the Code of Civil Procedure. 3. The petitioner is the original plaintiff. A suit was instituted by the petitioner against the respondent for recovery of an amount of Rs.64,100/-. 4. The respondent filed the written statement and denied the claim of the petitioner. The petitioner filed the evidence on affidavit on 10.10.2011. The examination-in-chief of the petitioner was complete on 20.06.2010 and the cross-examination was also completed on 10.10.2011. On 03.11.2011, the respondent-defendant filed an application for amendment of the written statement. By the proposed amendment, the respondent wanted to plead that the petitioner-plaintiff had not maintained the ledger and accounts regu...
Jagan Ganpatrao Taklikar Vs. Union of India Through Its Secretary, Min ...
Court: Mumbai Nagpur
Decided on: Nov-30-2012
Oral Judgment: (Gavai, J.) Rule, made returnable forthwith. By consent, taken up the matter for hearing. 2. The petitioner challenges the order passed by the learned Central Administrative Tribunal in O.A. No.2147/2005, thereby dismissing the original application filed by the present petitioner challenging the order of termination dated 12.08.2005. The facts in brief giving rise to the present petition are as under. 3. The petitioner came to be appointed as Lower Division Clerk on 18th December, 1972, on the basis of his claim of belonging to Halba - Scheduled Tribe. The caste claim of the petitioner came to be invalidated on 3rd March, 2000. Being aggrieved by this, the petitioner filed W.P. No.1737/2000. The said petition was disposed of on 13.06.2001, thereby given liberty to the petitioner to make a representation to his employer. However, it appears that his representation was rejected. In the meantime, the departmental proceedings came to be initiated against the petitioner on th...
New India Assurance Co. Ltd. Vs. Smt. N. Senjilaxmi Wd/O Late K. Natra ...
Court: Mumbai Nagpur
Decided on: Nov-29-2012
Oral Judgment: Both these appeals arise from the judgment and award dated 18.07.1995, passed by the Member, Motor Accident Claims Tribunal, Wardha in M.A.C. Case No.35/1992 decided with M.A.C. Case No.31/1990. 2. On 25.12.1989, on National Highway No.7, near village Kondhali in District Nagpur, there was collision of two vehicles i.e. truck No.MWY 6588 and TLB-2511. Truck No.MWY 6588 was driven by one Ramsagar and the other vehicle was driven by K. Natrajan. Both died on the spot. The Claim Application No.31/1900 was filed by the heirs of Ramsagar, with which we are not concerned. The widow and two minor children left behind by deceased K. Natrajan, filed Claim Application No. 35/1992 for award of compensation of Rs.5,00,000/-. The original non-applicant no.1 - M/s. Industrial and Commercial Corporation, Nagpur and original non-applicant no.2 - United India Insurance Co. Ltd. are the owner and insurer respectively of Truck No.MWY 6588, which was driven by Ramsagar. The original non-app...
Sharad S/O Rajaram Takarkhede [Through L.Rs.] and Others Vs. State of ...
Court: Mumbai Nagpur
Decided on: Nov-26-2012
Oral Judgment: These two appeals arise from the judgment and award dated 30.11.1996 passed by the Civil Judge, Senior Division, Amravati in L.A.C. No.92/1992, whereby the quantum of compensation for the land acquired was enhanced @ Rs.67,500/- P.H. The land bearing survey no.190/1 mouja Jarud, Taluq Warud, area 1.52 H.R. out of total area of 2.62 H.R. was compulsorily acquired for the public purpose i.e. rehabilitation of the flood affected persons. Notification under section 4 of the Land acquisition Act was published on 21.10.1991. The award was declared on 10.3.1992. Questioning adequacy of the amount of compensation the reference was sought by the land owner/ respondent. Few sale instances were relied upon. Considering the same and particularly the factors like situation of the land and purpose for which it was found suitable i.e. for rehabilitation, the reference court fixed the market value of the acquired land @ Rs.67,500/-. Questioning the adequacy of the quantum of compensatio...
Shriram Abhiman Patil Vs. Chhabubai Wd/O Subhash Bhuyar and Others
Court: Mumbai Nagpur
Decided on: Nov-23-2012
Oral Judgment: Heard Shri J.J. Chandurkar, the learned Advocate, appearing for the appellant and Mrs. Mahashabdhye, Advocate holding for Shri M.A. Vaishnav, the learned Advocate, appearing for the respondents. 2. In Regular Civil Suit No.101 of 1989 for recovery of possession of the field Survey No.57/2, admeasuring 7 acres and 32 gunthas of village Kushta. The learned 2nd Joint Civil Judge, Junior Division, Achalpur, passed a decree on 23-12-1996 for recovery of possession of the suit field by the plaintiff from the defendants. Separate enquiry into the mesne profits is also ordered under Order XX Rule 12 of the Code of Civil Procedure from the date of filing of the suit till actual delivery of the possession. 3. In Regular Civil Appeal No.17 of 1997 the learned Additional District Judge, Achalpur, has set aside the Judgment and decree passed by the trial Court and the suit filed by the plaintiff has been dismissed. Hence, this Second Appeal by the original plaintiff. 4. On 4-9-2006 t...
Smt. Rekha Wd/O Bhagwatraoji Pusdekar and Others Vs. Malyadri Narasimh ...
Court: Mumbai Nagpur
Decided on: Nov-22-2012
Oral Judgment: This appeal arises from the judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the appellants herein were awarded compensation of Rs.7,64,852/- on account of death of one Bhagwatrao which occurred on 14.2.2004, in a motor-vehicular accident involving motorcycle and truck. 2. On 14.2.2004, the deceased with one Gajanan on pillion were riding motorcycle on Nagpur - Hinganghat road. The truck coming from opposite direction dashed against the motorcycle. The truck also turned turtle. In that Bhagwatrao received injuries and succumbed to them on the spot. He left behind him, widow, unmarried daughter aged 21 years, son aged 19 years undergoing education and one minor daughter. They all lodged claim for award of compensation of Rs.20 lakh. Matter proceeded exparte against the owner of the truck. Respondent no.2 and 3 i.e. driver and insurer of the offending vehicle resisted the application mainly on the groun...
PravIn Sheshrao Bhalerao Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Nov-22-2012
Oral Judgment: Heard. 2. ADMIT. 3. Heard finally by consent. 4. The applicant was accused of offence punishable under Section 376 of the Indian Penal Code. He was granted bail by the learned Additional Sessions Judge with certain conditions. One of the conditions was that he should not enter village Kalambeshwar. 5. It is alleged by respondent No.2 Ku. Mangal Tajne, who was victim of the offence, that the applicant on 12th April, 2012 entered her house and outraged her modesty. Offences punishable under Sections 354, 294 and 506 of the Indian Penal Code were registered vide Crime No.47 of 2012 on the complaint made by respondent No.2. Respondent No.2 moved the learned Additional Sessions Judge for cancellation of bail on the ground that the applicant had committed breach of conditions. The learned Additional Sessions Judge, by his impugned order dated 29th May, 2012, accepted the contention of respondent No.2 and cancelled the bail and directed the applicant to surrender before the con...
Ravindra S/O Wamanrao Patne Vs. Sau. Shobha Krushnakumar Patil
Court: Mumbai Nagpur
Decided on: Nov-22-2012
Oral Judgment: Heard learned Counsel Mr. P.A. Rajurkar for the applicant. 2. Admit. Heard finally at the stage of admission. 3. The non-applicant has not appeared though she has been served. The applicant, in fact, was ready to settle the dispute amicably. This was indicated by the applicant on earlier date also. Therefore, this Court, by order dated 18th April, 2012, had issued fresh notice to the non-applicant and it was directed that the non-applicant should be intimated that the applicant is ready and willing to settle the dispute amicably. However, the non-applicant had not responded to the said notice. Therefore, this Court on 10th September, 2012 had directed that fresh notice shall be dispensed with as the non-applicant had already been served. 4. The applicant has been convicted by the learned Judicial Magistrate First Class, Chandur Railway for the offence punishable under Section 138 of the Negotiable Instruments Act. The cheque amount was Rs.40,000/-. The learned Magistrate...
Sonaji S/O Udaibhan Ambhore and Another Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Nov-21-2012
Oral Judgment: (P.V. Hardas, J.) The appellant no.1-Original Accused No.1, who stands convicted and sentenced to:- (a) Imprisonment for Life and to pay a fine of Rs.5000/-, in default, further Rigorous Imprisonment for six months (Section 302 of Indian Penal Code), (b) Rigorous Imprisonment for three years and to pay a fine of Rs. 5,000/-, in default of which, to undergo Rigorous Imprisonment for six months (Section 394 of Indian Penal Code), and (c) Rigorous Imprisonment for six months (Section 414 of Indian Penal Code), while the Appellant No.2-Original Accused No.2, who stands convicted for an offence punishable under Section 414 of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for six months, by the Principal Sessions Judge, Buldana, vide Judgment dated 9th December, 2011 in Sessions Case No.90 of 2007, by this appeal, question the correctness of their conviction and sentences. Facts, in brief, as are necessary for the decision of this appeal, may be stated thus:...
Narayandas Gulabchand Agrawal Vs. Shikshak Shikshan Sanstha and Anothe ...
Court: Mumbai Nagpur
Decided on: Nov-21-2012
Oral Judgment: RULE. Rule made returnable forthwith. The Writ Petition is heard finally at the stage of admission as a notice for final disposal was issued to the respondents and the respondents are duly served with the notice. 2. The petitioner is the original plaintiff. The petitioner claims to be the owner of the building bearing Municipal House Nos.633 and 634 situated in Kirana Oli, Kamptee. The suit house was let out to the respondent no.1 and was used by the respondent no.1 for the purpose of running a School. It was the case of the petitioner-plaintiff that though the office bearers of the respondent no.1 had assured the petitioner that they would vacate the school premises after a building of their own was constructed, the respondent no.1 failed to vacate the premises. It was pleaded that the Government had allotted about 8000 sq.ft. of land in Kamptee to the respondent no.1 and the respondent No.1 had constructed a building thereon for running the classes in the same. It was ...
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