Mumbai Nagpur Court July 2013 Judgments
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Murlidhar Chandiram Gyanchandani Vs. Jai Agencies Through Proprietor A ...
Court: Mumbai Nagpur
Decided on: Jul-31-2013
Oral Judgment: Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the petitioner and the learned counsel for the respondent. 2. By this petition, the original complainant in Summary Criminal Case No.1100 of 2007 instituted upon the accusation of the respondent-accused having committed an offence under Section 138 of the Negotiable Instruments Act, has prayed for quashing and setting aside the order dated 27.9.2012 passed on Exh.113 by the trial Court. 3. The respondent-accused preferred said application inter alia praying for permitting him to lead his evidence in defence. By the order impugned, the said prayer was allowed with observation that the respondent-accused was permitted to examine himself in defence but he was not permitted to examine any other witness, except witnesses already examined by him earlier. Furthermore, the direction was given to respondent-accused to file his evidence on affidavit or oral evidence, as desired on next ...
Bandopant S/O Shankarrao Mallelwar Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-31-2013
1) The applicant has moved this Court after his anticipatory bail application dated 11-07-2013 was rejected by the Sessions Court, Gadchiroli on 19-07-2013. The applicant, by this application dated 22-07-2013 prays for anticipatory Bail, is facing serious accusations on the ground that he is part of criminal conspiracy to supply explosives and ammunition to the Naxalites groups engaged in violent and unlawful activities in the naxalite infested areas in the Districts of Gadchiroli. FIR No.3001 of 2013 was lodged under Sections 13, 18, 39 of the Unlawful Activities (Prevention) Act, 1967 read with Sections 4 and 5 of the Explosives Substances Act and further read with Sections 395, 143, 147, 148,149 and Section 120-B of the Indian Penal Code. 2) It is case of the respondent State at this stage that preliminary investigations are in progress upon the report lodged that Medical Officer, one Dr.Karpe influenced by the present applicant-local Zillah Parishad Member had allowed the Governmen...
Vinit Dinkarrao Patankar Vs. Abhay Dinkarrao Patankar
Court: Mumbai Nagpur
Decided on: Jul-30-2013
P.C. This appeal challenges interim order dated 4-7-2013 passed by the learned Civil Judge, Senior Division, Nagpur, on the application Exhibit 33 in Special Civil Suit No.990 of 2011. Apparently, the application was moved by the respondent/plaintiff under the provisions of Order XXXIX, Rules 1 and 2 read with Section 151 of the Civil Procedure Code. It is very doubtful whether this application can be moved under these provisions. 2. The facts are as under : The respondent/plaintiff filed this suit for partition, possession, injunction, etc. It is his case that he and the appellant/defendant became the owners of the suit plot on which a structure was in existence. It is also the case of the respondent/plaintiff that after acquiring the title to the suit plot, he constructed first and second floors on the existing ground floor structure. A dispute arose between the parties and, therefore, this suit was filed for partition, possession, injunction, etc. It is common ground that the appell...
Satish S/O Raghuvirchand Sood and Others Vs. Gujrat Tale Links Pvt. Lt ...
Court: Mumbai Nagpur
Decided on: Jul-26-2013
B.R. Gavai, J. 1. Admit. Heard finally by consent. 2. The appeal takes an exception to the order passed by the learned Single Judge dated 30th of January, 2013 thereby dismissing the petition filed by the present appellants, which was in turn filed challenging the order passed by the learned Civil Judge Junior Division, Nagpur dated 1st October, 2012 thereby allowing the application filed by the respondent no.1 under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter for short the Act) referring the dispute between the parties to the arbitration. 3. The facts, in brief, giving rise to the present appeal, are as under:- The appellants so also the respondents 1 and 2, who was original plaintiffs and defendants 2 and 3 in the suit, are in the business of Cable Operation in different areas in the city of Nagpur. The appellants and respondents 2 and 3 are providing cable connections and rendering services to their respective customers. The appellants and respondents 2 and ...
Dental College and Hospital of the Vidarbha Youth Welfare Society and ...
Court: Mumbai Nagpur
Decided on: Jul-25-2013
Oral Judgment: (Anoop V. Mohta, J.) RULE. Rule made returnable forthwith. The petition is heard finally at the stage of admission in view of the urgency expressed by all. 2. The petitioner-Dental College and Hospital has prayed for several reliefs, which are reproduced as under: a. quash and set aside the impugned refusal/nonrenewal of the Permission as communicated under Letter dated 30.3.2013 (Annexure-P1) interalia, direct the respondent No.1 Government of India, Ministry of Health and Family Welfare, Dental Education Section, Nirman Bhavan, New Delhi to renew/grant permission for 3rd Year MDS Course of Oral and Maxillofacial Surgery in the Vidarbha Youth Welfare Society's Dental College and Hospital, Amravati for the Academic Session 2013-14, in view of above and in the interest of justice. b. considering the Representation dated 16/18.4.2013 (Annexure-P4) of the petitioner College, direct the respondent No.2 Dental Council of India, Kotla road, New Delhi to Inspect and Verify the...
The Branch Manager, United India Insurance Company Vs. Vijay Vishnupan ...
Court: Mumbai Nagpur
Decided on: Jul-24-2013
1. The appeal is to question the validity and legality of the Judgment and Award passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 28 of 1995 awarding sum of Rs 6,10,000/- inclusive of no fault liability together with interest @ 9% p.a. from the date of the petition till realization. 2. Rajendra, deceased was a Commission Agent for the Life Insurance Corporation of India, Unit Trust, Housing and financial Consultant as also was an agriculturist. On 07-08-1994, he was proceeding by a Hero Honda Motorcycle bearing registration No.MH-31/ L-2293 coming from Shankar Nagar square, Nagpur and was dashed by Maruti Car bearing registration No. MH-31/4834 owned by Govardhandas Ramchandra Kela, resident of Nagpur and insured with appellant/Insurer. The Tribunal had considered the income of the victim from 01-04-1991 till 19931994 in the sum of Rs.68,293, Rs.74,429, Rs.83,367 on the basis of Income Tax returns of the victim (Exh Nos.42 to 44). Considering the age of the vi...
Narendra @ Nandu Vs. Kishor
Court: Mumbai Nagpur
Decided on: Jul-24-2013
Oral Judgment: Heard. Rule. Rule returnable forthwith. Heard finally by consent of the parties. 2. By this application, the accused in Criminal Case No. 203/2009 pending on the file of learned J.M.F.C. Court No.2, Yavatmal, has prayed for exercising powers under section 482 of the Cr.P.C. for quashing and setting aside the order dated 18.03.2013. The said accused is facing the accusation in the said case of commission of an offence under section 138 of the Negotiable Instruments Act on the count of cheque of an amount of Rs.2,35,000/- given by him having bounced and he has failed to pay the demanded amount in spite of service of notice upon him. 3. Leaned counsel for the applicant submitted that after the evidence in the said case was over, he examined two witnesses in his defence and filed an application for examining third witness i.e. one of his relative and resident of Buldhana. It is submitted that upon his application, the trial court was pleased to issue a summons to the said wi...
Ashok S/O Ramchandra Nirmal Vs. Vidarbha Youth Welfare Society, Throug ...
Court: Mumbai Nagpur
Decided on: Jul-24-2013
Oral Judgment: (Z.A. Haq, J.) Heard Mr. Wakode, learned counsel appearing for the petitioner and Mr. Jagtap, learned counsel appearing for the respondents. 2] The case of the petitioner is that he was appointed as Clerk with respondent no.2-College on 23rd September, 1986 and, at that time, all the relevant documents including School Leaving Certificate were given to the respondents and on the basis of those documents, the entries were taken in the Service Book of the petitioner. The petitioner was promoted to the post of Accountant on 7th April 1997. The petitioner had made an application to the respondents on 19th December 2009 requesting for proper fixation of pay scale. On 12th May 2010 respondent no.2 issued communication to the petitioner stating that he had claimed his date of birth as 21st August 1953, but during verification of his personal file by the Grievance Committee, School Leaving Certificate was found which showed the date of birth as 21st August 1951 and, therefore, t...
The New India Assurance Company Limited, Through Its Divisional Manage ...
Court: Mumbai Nagpur
Decided on: Jul-24-2013
1. The appeal is directed against the Judgment and Award dated 01-09-2004 passed by the Motor accidents claims Tribunal Amravati in MACP no 11 of 2003 whereby the Tribunal had partly allowed the claim in the sum of Rs 3,82,000/- inclusive of no fault liability together with interest @ 9% p.a. From the date of the petition till realization. 2. The facts in brief are On 15-08-2002 Abdul Rauf aged about 35 years was victim of the motor vehicle accident while he was as fare paying passenger travelling by the Mahindra Savari bearing No. MH-27-C-5192 owned by Akil Khan Gaffar Khan and insured with the New India Assurance Co Ltd Amravati branch. One Abdul Salim was driving the auto rickshaw rashly and negligently. When the Rickshaw came near village Bhugaon, he lost control over the vehicle because of bursting of Tyre of rear wheel of the said vehicle. The vehicle had dashed against the tree. Abdul Salim was seriously injured and died on the spot. While the victim Abdul Rauf was admitted in ...
Smt. Suman S/O. Ganpati Chothale Vs. PravIn Mahadeo Matte
Court: Mumbai Nagpur
Decided on: Jul-23-2013
1. Rule returnable forthwith. By consent, heard finally at the stage of admission. 2. The petitioner has questioned the order dt.8.2.2012 passed by the Civil Judge (Jr.Dn.), Gondpipri below Exhs. 43 and 44 in pending Regular Civil Suit No.65 of 2009 (old Civil Suit No.223 of 2008). It appears that, in a pending suit, applications were made for condonation of delay on the ground that deceased Jagannath Mate, who died on 19.12.2010, was taken care of by the applicant who preferred applications Exhs. 43 and 44 in pending Regular Civil Suit No.65 of 2009 in the Court of Civil Judge (Jr.Dn.), Chandrapur. The applicant contended that, on 9.7.2011, he came across a document of Will executed by Jagannath Mate in relation to the suit property. Therefore, the application was for condonation of delay on the ground that right to sue survive and hence, prayer to set aside abatement of the suit as against the applicant and for substitution of his name in place of deceased Jagannath Mate as plaintiff...
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