Mumbai Nagpur Court August 2013 Judgments
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Shyamrao S/O Pandurang Sambare Vs. Civil Judge, Senior Division, Nagpu ...
Court: Mumbai Nagpur
Decided on: Aug-29-2013
Oral Judgment: Rule, made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties. 2. The order under challenge is passed by the learned Civil Judge, Senior Division, Nagpur on 22-3-2013 classifying the suit under the provisions of Section 6(iv)(ha) of the Bombay Court Fees Act for the purpose of payment of court fees. Hence, the original plaintiff before this Court. 3. In the plaint, the reliefs are claimed as under :- "(a) Declare that plaintiff is the lawful owner of 0.46 Hrs. of land in suit property, (b) Declare that sale deed dated 07-01-2002 executed by defendant No.1 in favour of defendant No.2 and sale deed dated 20-01-2005 executed by defendant No.2 in favour of defendant Nos.3 and 4 are illegal, non-est and therefore, are not binding upon plaintiff. (c) Permanently restrain defendants from interfering with the peaceful and lawful possession and enjoyment of plaintiff over the suit property. (d) Cost of suit be saddled upon defendants....
Dr. Vivek S/O Vishwanath Mane Vs. Akhtarkha Ganikha Pathan and Others
Court: Mumbai Nagpur
Decided on: Aug-28-2013
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The challenge in this petition is to the order dated 6-4-2013 passed by the respondent No.8-Additional Collector, Washim, on the applications filed by the respondent Nos.1 to 7 on 19-3-2013 for calling of the detailed inspection report of the Gram Sevak of Gram Panchayat Malegaon and permitting to cross-examine the said Gram Sevak. 3. In the proceedings of Application No.25 of 2012 filed under Section 14(1)(j3) of the Bombay Village Panchayats Act, 1958 seeking disqualification of the petitioner as Sarpanch, Gram Panchayat on the ground that he has encroached upon the Government land or public property, the application for calling of the report of the Gram Sevak was filed. The said application was allowed and the report was submitted on 19-3-2013 by the Village Development Officer, stating that no encroachment was found on the Government land or public property. Immediatel...
Randhir S/O Chandrabal Gautam Vs. Secretary (Special) Home Department, ...
Court: Mumbai Nagpur
Decided on: Aug-27-2013
Oral Judgment: (Z.A. Haq, J.) 1. Heard Shri S. D. Chopde, learned Counsel for the petitioner and Shri M. K. Pathan, learned Additional Public Prosecutor for the respondent/State. 2. Rule. Rule is made returnable forthwith. 3. The petitioner has challenged the order passed by the Secretary (Special), Home Department, Government of Maharashtra, Mumbai on 3rd of December, 2012, dismissing the appeal filed by the petitioner and confirming the order passed by the Sub-Divisional Magistrate, Wardha on 7th of July, 2012, by which the petitioner has been externed from the area of Wardha, Amravati and Yavatmal districts for the period of two years. Apart from the other grounds, the challenge of the petitioner is that while passing the impugned orders, the Authorities have taken into consideration the prosecutions which were filed under the Bombay Prohibition Act and most of the prosecutions are stale. 4. With the assistance of the learned Advocates appearing for the parties, we have gone through...
Rameshkumar @ Ramu Singh S/O Shriram Singh Thakur Vs. State of Maharas ...
Court: Mumbai Nagpur
Decided on: Aug-26-2013
Oral Judgment: Z.A. Haq, J. Heard Mr. Sirpurkar, learned Advocate for the petitioner and Mr. Nayak, learned A.P.P. for the respondents. 2. This Criminal Application was filed as an application under Section 482 of the Criminal Procedure Code read with Articles 226 and 227 of the Constitution of India. At the time of hearing, Mr. Sirpurkar, learned Advocate for the petitioner orally prayed for leave to convert this Criminal Application into Writ petition under Articles 226 and 227 of the Constitution of India. Leave is granted. The petitioner is permitted to convert Criminal Application into Criminal Writ Petition. 3. Rule. Rule made returnable forthwith. 4. The petitioner has challenged the order passed by the Sub Divisional Magistrate, Warora on 15th September, 2012 externing the petitioner from six districts i.e. Chandrapur, Yavatmal, Wardha, Nagpur, Bhandara and Gadchiroli, for a period of two years, under Section 56 of the Bombay Police Act. The petitioner has also challenged the o...
Savitribai Fuley Shikshan Mandal Vs. Dy. Director of Education and Ano ...
Court: Mumbai Nagpur
Decided on: Aug-26-2013
Oral Judgment: Rule, made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties. 2. The challenge in this petition is to the order dated 16-5-2013 passed by the Deputy Director of Education, Nagpur Division, Nagpur reducing the punishment of reduction in rank from the post of Headmistress to the post of Assistant Teacher imposed by the Management by an order dated 01-3-1999 to that of stoppage of one increment for a period of one year. The short question involved in this petition is regarding competency of the Deputy Director of Education to interfere in the order of punishment passed by the Management, by invoking his jurisdiction under sub-section (4) of Section 4A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("MEPS Act"). Hence, it is not necessary to give the facts in detail. 3. The appeal before the School Tribunal challenging the order of reduction in rank passed on 01-3-1999 was dismissed ...
Vaishali Chatarsing Ingale (Thakur) Vs. the Committee for Scrutiny and ...
Court: Mumbai Nagpur
Decided on: Aug-23-2013
Z.A. Haq, J. The petitioner has challenged the decision of the respondent no.1 The Scrutiny Committee dated 21.03.2005 by which the caste certificate of the petitioner for Thakur, which is recognized as Scheduled Tribe in the State of Maharashtra is invalidated. 2. The case of the petitioner is that the respondent no.1 - The Scrutiny Committee has committed patent illegality in rejecting the caste claim of the petitioner and invalidating her caste claim as the caste certificate of the father of the petitioner showing her father as Thakur Scheduled Tribe is validated and there cannot be a situation that the father is recognized as Thakur Scheduled Tribe but, the petitioner is not being recognized as Thakur Scheduled Tribe. The petitioner has challenged the decision of the respondent no.1 - The Scrutiny Committee on several grounds. However, this writ petition can be decided on the short ground that the claim of the petitioner as Thakur Scheduled Tribe could not have been rejected by th...
Arvind S/O Nilkanth Jawdand Vs. the Chief Executive Officer and Others
Court: Mumbai Nagpur
Decided on: Aug-22-2013
Oral Judgment: (Anoop V. Mohta, J) 1] Rule. Rule returnable forthwith. Heard finally by consent of the parties. 2] The petitioner has challenged order dated 20.12.2008 passed by respondent no.2-the Senior Accounts Officer, Zilla Parishad, Chandrapur, whereby deducted an amount of Rs.66,424/- from the retiral dues of the petitioner and also challenged order dated 4th January, 2013 passed by the Chief Executive Officer, Zilla Parishad, Chandrapur in Appeal under Rule 13(d) read with 14 (1)(a)(c) of the Maharashtra Zilla Parishad District Services (Discipline and Appeals) Rules, 1964. 3] The petitioner was in service for more than 39 years with respondent no.1 and he was witness to the departmental inquiry conducted against Shri Dhengale, wherein he was charge-sheeted for misappropriation of cement. The inquiry report was submitted on 8.1.2007 holding Shri Dhengale guilty of the charge and in the inquiry report observation is made that others including the petitioner might be involved in ...
Ramji S/o Jadhav Kahalkar and Another Vs. the Commissioner for Workmen ...
Court: Mumbai Nagpur
Decided on: Aug-22-2013
Oral Judgment: By this present appeal, the appellants raised question about the validity and legality of the impugned judgment and order dated 03/08/2004 passed by learned Commissioner, Labour Court, Bhandara under the Workmen's Compensation Act in F.W.C.A. Case No.9 of 1997. 2) Facts briefly stated as under Deceased Shriram Kahalkar was the son of original applicants-appellants. They had claimed compensation under the Workmen's Compensation Act on the ground that they are dependents of the deceased Shriram Kahalkar. 3) Learned Commissioner held that the applicants failed to prove that the salutary fact that applicants (present appellants) were dependents of the deceased workman and that deceased Shriram died by accident arising out of and in the course of employment with Rajkumar Prataprai Paryani. Learned Advocate on behalf of the appellants strongly relied upon averments made in the application under Section 22 of the Workmen's Compensation Act, 1923 pleading that the deceased was o...
The Maharashtra State Road Transport Corporation, Through Its Division ...
Court: Mumbai Nagpur
Decided on: Aug-22-2013
Oral Judgment: The appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as Act) is directed against the Judgment and Award dated 15-09-1998 passed by the Motor Accidents Claims Tribunal at Yavatmal in MACP No.47 of 1991 whereby the Tribunal had partly allowed the claim in the sum of Rs.6,49,000/- inclusive of no fault liability together with interest @ 12% p.a. from the date of the petition till deposit of the entire amount in the Tribunal within one month. 2) The facts in brief are as under: On 08-12-1990 Late Shri Mukund Govindrao Dongre, aged about 38 years was an Agricultural Supervisor in Yavatmal District Central Cooperative Bank victim of the motor vehicle accident while he was travelling along with Peon Madhukar. After taking the Cash to the Bank, they were returning back by the Jeep bearing registration No.MHX-4365 driven by Shivaji Laxman Palkar. When the Jeep had come near village Yarad disaster took place between 12.00 to 1.00 p.m. At that time ...
Ravindra S/O Vinayak Navghare Vs. Maroti S/O Bansi Chavan and Others
Court: Mumbai Nagpur
Decided on: Aug-22-2013
Oral Judgment: The appeal is against the Judgment and Order dated 9th of October 2006 in Workmen's Compensation Act Case No.8 of 2004 passed by the learned Commissioner, Workmen's Compensation, Akola whereby the compensation was awarded in the sum of Rs.6,68,130/-. 2) Heard submissions at the bar. The appeal was admitted on the substantial question of law as to whether the learned Commissioner was justified in granting the aforesaid sum when the claimants had prayed for compensation in the sum of Rs.4,50,000/-? 3) Late Mr G.M. Chavan, aged about 22 years was a skilled labour, ITI trained in electrical fittings with good academic record and had passed the computer Course. He was only earning member of his family consisting of claimants-dependents. He was taken from Murtijapur to Talawade, Pune by his Employer M/s Sara Industries, a proprietary firm of Shri Ravindra Vinayak Navghare, on promise to pay wages at the rate of Rs.200/- per day (Rs.6000/- per Month). He was forced to work on m...
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