Mumbai Nagpur Court September 2012 Judgments
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Jyoti W/O Rajkumar Sahajwani Vs. Shri Sadhu S/O Safarmal Manjani and A ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
1. Heard rival arguments on this criminal appeal for final hearing. Perused the record and proceedings and also synopsis of arguments, advanced by the rival parties. 2. This criminal appeal is preferred by the appellant/original complainant, challenging the judgment and order of acquittal, passed in Case No.630/1999 by the Judicial Magistrate First Class, 7th Court, Nagpur. 3. By the impugned judgment and order, dated 2.1.2003, the complaint filed by the present appellant was dismissed and present respondent no.1/original accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. 4. In order to appreciate the rival submissions in the present appeal and scope of the interference in the judgment of acquittal, certain factual position and also case of complainant can be briefly stated as under. 5. During the relevant time of the year 1996 or there about, the power of attorney of complainant firm was engaged in the business of sale and purchase of ...
New India Assurance Company Ltd. Vs. Shivdas Pandurang Mopari, Amravat ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
Oral Judgment: The judgment and award dated 29.9.2007 passed by the Motor Accident Claims Tribunal, Amravati in M.A.C.P. 1308/1998 is challenged in this appeal. 2] The facts may be stated thus: On 22.8.1987 the offending vehicle met with an accident because of its rash and negligent driving by the original respondent no.1. One Shivdas who was travelling in said vehicle sustained multiple injuries mainly injuries to Cervical Vertebrae C3 to C6 of the quadriparesis and chest. He sustained 100 % permanent disability and for that claim petition was filed. During pendency of the petition he died and therefore his legal heirs were brought on record. 3] The original respondent no.1 and 2 appeared before the Tribunal and resisted the claim. It was their case that one truck dashed against the jeep and caused accident. The original respondent no.3 - appellant herein appeared and filed written reply. It was their case that deceased was travelling as a fare-paying passenger. Further responde...
Mrs. Z.H. Lamak Vs. Accountant General â Ii, (a and E) Maharashtr ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
Oral Judgment: (B.P. Dharmadhikari, J.) The petitioner, now aged about 75 years, has in this petition questioned the order dated 31.07.1996 by which an amount of Rs.1,04,989/- is directed to be recovered from her terminal/ retiral benefits. 2. Having heard Shri Haq, learned counsel for the petitioner, Mrs. Dangre, learned Additional Government Pleader for respondents No. 1 and 2, Shri Kaptan, learned counsel for respondent No. 3 and Shri Deshpande, learned counsel for respondent No. 4, we find that the basic facts are not in dispute. The petitioner joined services in 1963 as a Tutor in English and in 1977 that post was upgraded as Lecturer with effect from Academic Session 1975-76. In 1977 only she acquired additional qualification Diploma in Teaching in English Language and because of Government Resolution dated 25.10.1977, she was placed in the post of Lecturer. 3. The Government Resolution on revision of pay scales issued on 27.02.1989 shows a Scheme for Career Advancing in its clau...
New India Assurance Company Ltd. Vs. Shivdas Pandurang Mopari, Amravat ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
Oral Judgment: The judgment and award dated 29.9.2007 passed by the Motor Accident Claims Tribunal, Amravati in M.A.C.P. 1308/1998 is challenged in this appeal. 2] The facts may be stated thus: On 22.8.1987 the offending vehicle met with an accident because of its rash and negligent driving by the original respondent no.1. One Shivdas who was travelling in said vehicle sustained multiple injuries mainly injuries to Cervical Vertebrae C3 to C6 of the quadriparesis and chest. He sustained 100 % permanent disability and for that claim petition was filed. During pendency of the petition he died and therefore his legal heirs were brought on record. 3] The original respondent no.1 and 2 appeared before the Tribunal and resisted the claim. It was their case that one truck dashed against the jeep and caused accident. The original respondent no.3 appellant herein appeared and filed written reply. It was their case that deceased was travelling as a fare-paying passenger. Further respondent no.1...
Jyoti W/O Rajkumar Sahajwani Vs. Shri Sadhu S/O Safarmal Manjani and A ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
1. Heard rival arguments on this criminal appeal for final hearing. Perused the record and proceedings and also synopsis of arguments, advanced by the rival parties. 2. This criminal appeal is preferred by the appellant/original complainant, challenging the judgment and order of acquittal, passed in Case No.630/1999 by the Judicial Magistrate First Class, 7th Court, Nagpur. 3. By the impugned judgment and order, dated 2.1.2003, the complaint filed by the present appellant was dismissed and present respondent no.1/original accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. 4. In order to appreciate the rival submissions in the present appeal and scope of the interference in the judgment of acquittal, certain factual position and also case of complainant can be briefly stated as under. 5. During the relevant time of the year 1996 or there about, the power of attorney of complainant firm was engaged in the business of sale and purchase of ...
The Branch Manager, National Insurance Co. Ltd. Vs. Vijay S/O Marotrao ...
Court: Mumbai Nagpur
Decided on: Sep-13-2012
Oral Judgment: This appeal is directed against the judgment and order dated 15.1.2011 passed by the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No.100/2009, granting compensation of Rs.6,23,900/- to the respondents no.2 to 7 on account of death of one Faganu caused in a motor vehicular accident involving auto-rickshaw owned by respondent no.1 and insured with the appellant. 2] The appellant/ insurance company had set up a defence that the Driver of the offending vehicle was not holding valid driving licence. The learned Tribunal after assessing the evidence found that the drivercumowner respondent no.1 herein had a driving licence, but it was not renewed and thus was not valid on the date when the accident occurred. He therefore accepted the defence that there was breach of term of insurance policy, however, directed the appellant insurance company to satisfy the award at the first instance and then to recover it from the respondent on.1. 3] Mr. Paunikar, raised two points,...
Union of India, Owning and Representing the Central Railway Through th ...
Court: Mumbai Nagpur
Decided on: Sep-12-2012
This appeal arises out of the order dated 17.10.1996 passed by the Railway Claims Tribunal: Nagpur Bench Nagpur, in Claim Petition No.48/OA-1/RCT/NGP/92 whereby the appellant was directed to pay to the respondent a sum of Rs.48,310/- along with interest @ 9% p.a. on account of loss sustained by the latter. 2] The facts in brief are thus: the respondent - Maharashtra State Electricity Board, through Controller of Stores, Chandrapur Thermal Power Station, Chandrapur was the consignee of the consignment containing 600 bags of stable bleaching powder booked by M/s Chlorochem Industries Kota (Rajasthan) - cosignor. The consignment was booked on 15.3.1989 which reached to the destination in November, 1989 i.e. after about 8 months that too in a damaged condition. The respondent lodged claim with the appellant, but in vain. Therefore, the claim application was filed claiming damages of Rs.56,690/- towards value of the consignment. 3] The appellant filed written reply. The booking ...
New India Assurance Company Ltd. and Another Vs. Kashinath S/O Narayan ...
Court: Mumbai Nagpur
Decided on: Sep-12-2012
Oral Judgment: 1. Both these appeals are directed against judgment and award dated 02.06.2004 passed by Motor Accident Claims Tribunal, Akola in M. A. C. P. No.268/1999, which was filed for grant of compensation on account of death of one Kiran occurred in motor vehicular accident involving a Jeep driven by respondent no.1, owned by respondent no.2 (for short the “Insured”) and insured with original respondent no.3 (for short the “Insurer”). 2. After appreciating the evidence adduced by the parties, the learned tribunal held that the accident occurred because of rash and negligent driving of respondent no.1. Since the deceased, while travelling had not held rod/iron bar and secured himself, he was also held to be negligent to the extent of 10%. Owing to the absence of evidence of the income of the deceased, the learned tribunal assumed notional income at Rs.15,000/- per year and after deducting 1/3rd of the amount towards personal expenses of the deceased and co...
Mohammad Wasim Mohammad Imam Bhiwaniwale Vs. the State of Maharashtra, ...
Court: Mumbai Nagpur
Decided on: Sep-12-2012
Oral Judgment: (A.B. Chaudhari, J.) : Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the parties. 2) Shri Chande, learned Counsel for the petitioner, in support of the present criminal writ petition, argued that the petitioner is entitled to be released on parole since grandmother of the petitioner expired and he is required to attend the rituals. The learned Counsel relied on Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959 as amended in support of his submissions. 3) Per contra, Shri Nayak, learned Additional Public Prosecutor for the respondents, opposed the petition and argued that the list of the persons mentioned in Rule 19 cannot be stretched to mean that even the grandmother of the prisoner would be included in the said expression and, therefore, he prayed for dismissal of the criminal writ petition. 4) We quote Rule 19 for convenience, which reads thus: “19. When a prisoner may be released on parole - A prisoner may be...
New India Assurance Company Ltd. and Another Vs. Kashinath S/O Narayan ...
Court: Mumbai Nagpur
Decided on: Sep-12-2012
Oral Judgment: 1. Both these appeals are directed against judgment and award dated 02.06.2004 passed by Motor Accident Claims Tribunal, Akola in M. A. C. P. No.268/1999, which was filed for grant of compensation on account of death of one Kiran occurred in motor vehicular accident involving a Jeep driven by respondent no.1, owned by respondent no.2 (for short the Insured) and insured with original respondent no.3 (for short the Insurer). 2. After appreciating the evidence adduced by the parties, the learned tribunal held that the accident occurred because of rash and negligent driving of respondent no.1. Since the deceased, while travelling had not held rod/iron bar and secured himself, he was also held to be negligent to the extent of 10%. Owing to the absence of evidence of the income of the deceased, the learned tribunal assumed notional income at Rs.15,000/- per year and after deducting 1/3rd of the amount towards personal expenses of the deceased and considering his contributory n...
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