Mumbai Nagpur Court September 2013 Judgments
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Chandrashekhar Bhayaji Khawale and Another Vs. the State of Maharashtr ...
Court: Mumbai Nagpur
Decided on: Sep-30-2013
Oral Judgment: 01. Rule. Rule is made returnable forthwith. Learned AGP Mr. Kadu waives service on behalf of respondent nos. 1 and 2, and learned Adv. Mr. Meghe, for respondent no.3. By consent, this Civil Revision Application is taken up for final hearing. 02. The learned counsel for the Revision Applicants invited my attention to para 4 of the Revision Application, and argued that despite transfer of the suit from one Court to another, neither Advocate, nor the party, i.e., the applicants had any intimation about the transfers. That is why, the parties could not appear and evidence could not be adduced. To substantiate his contention, he relied on the decision of this Court in the case of Appasaheb Mohanrao Chede Vs. State of Mah. and another [2011 (2) ALL MR 255] and also the copy of order-sheet which was produced before me in support of the said statement contained in para 4. 03. Learned counsel for the respondents supported the impugned judgment and order and submitted that the ap...
Superintending Agriculture Officer Vs. Ramdas Sampatrao Puri
Court: Mumbai Nagpur
Decided on: Sep-24-2013
Oral Judgment: 1. Feeling aggrieved by the judgment and order dated 11.07.2003 passed by Member, Industrial Court, Amravati in Complaint ULP No.79 of 1991 ordering promotion of the respondent from the post of Peon to the post of Driver w.e.f. 11.07.1986 by an affirmative relief, the State of Maharashtra preferred this writ petition against the said judgment and order. 2. In support of the writ petition the learned Assistant Government Pleader Ms Jachak argued that the promotion to the post of driver is governed by the Drivers of Motor Cars and Jeeps in Government Office (Recruitment) Rules, 1980 published on 14th November, 1980, and conditions for appointment by promotion and in particular 2(a) read with (c)(iv) the condition of not less than three years experience of driving the motor vehicle other than motorcycle is the requirement. According to her, the respondent-complainant did not possess the experience of three years and therefore, was not qualified to claim promotion to the pos...
Macchindranath Adiwasi Masemari Sahkari Sanstha and Others Vs. the Sta ...
Court: Mumbai Nagpur
Decided on: Sep-20-2013
Oral Judgment: (B.R. Gavai, J.) Heard. 2. Admit. By consent of the parties, the appeal is taken up for final hearing. 3. Heard Smt. Sirpurkar, learned counsel appearing for the appellants, Shri M.K.Pathan, learned AGP for respondents 1 to 5 and Smt. Sonali Saware, learned Advocate for respondent no.9. 4. This appeal takes exception to the Judgment and order passed by the learned Single Judge of this Court, by which the learned Single Judge has dismissed the Writ Petition, which was, in turn, filed challenging the order of the Deputy Registrar, Cooperative Societies (Fisheries) thereby dismissing the appeal on the ground that it was not accompanied by an application for condonation of delay. 5. This Court in the case of Madhaos/o Somaji Sarode vs. Jotiba Dhyan Upasak Shikshan Sanstha,Dudhala and others, reported in (2004(3)Mh.L.J., 1078, relying on the Judgment of the Apex Court in the case of State of M.P. And another vs. Pradeep Kumar and another, reported in 2000(7) Supreme Court Cas...
Mrs. Sayali Wife of Swapnil Kuber Vs. Swapnil S/O. Harischandra Kuber
Court: Mumbai Nagpur
Decided on: Sep-19-2013
Oral Judgment : 1. Heard. 2. RULE. 3. Taken up for final disposal by consent of the rival parties looking to the nature of the matter at hand. 4. The undisputed facts are that the applicant-wife is residing with her parents at Nagpur, after having returned from matrimonial house of the husband. It is also not in dispute that she has filed proceedings for maintenance and the proceedings under the provisions of the Domestic Violence Act, in the Courts at Nagpur against the respondent-husband. The respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the Court at Thane. 5. The present transfer application has been filed by the applicant-wife with a prayer to transfer Hindu Marriage Petition No.109 of 2013 from the Court of 3rd Civil Judge Senior Division, Thane to the Family Court at Nagpur before which Petition No. C-22 of 2013 is pending. 6. Mr. B.N. Mohta, learned counsel for the respondent-husband has raised a preliminary objection to the terr...
M/S. Vidarbha Winding Wires Ltd. and Others Vs. State of Maharashtra, ...
Court: Mumbai Nagpur
Decided on: Sep-17-2013
B.P. Dharmadhikari, J. Three different industries i.e. Small Scale Units (SSI) have filed these writ petitions for quashing and setting aside the amendment made to Section 41C of the Bombay Sales Tax Act, 1959 (hereinafter referred to as the Act), on the ground that it is ultra-vires the Articles 14 and 19(1)(g) of the Constitution of India. There was also a challenge to Section 41D of the said Act but during the course of hearing, it has been given up. 2. To state the challenge very briefly, the petitioners urge that Eligibility Certificates given to them under the Package Incentive Scheme of 1979 do not contain any ceiling on the quantum of benefits / incentives envisaged thereunder. By the impugned amendment effected in the year 1995, that ceiling on quantum has been added retrospectively and taxes otherwise exempt with penalty are being claimed. 3. We have heard Shri M.G. Bhangde, learned Senior Advocate with Shri V.V. Bhangde, learned counsel for the petitioners and Mrs. Dangre, l...
Rare (H) Minerals Private Limited Vs. the Union of India and Others
Court: Mumbai Nagpur
Decided on: Sep-17-2013
Oral Judgment: (A.S. Chandurkar, J.) The challenge in the present Writ Petition is to the Notification (Revised Guidelines for Making Selection of Applicants for Grant of Off-shore Exploration Licence) issued on 29th December 2010. Considering the nature of controversy we have heard the Writ Petition finally with the consent of parties. Hence Rule. Rule made returnable forthwith with the consent of parties. 2. Shri N. H. Seervai, learned Senior Counsel with Shri A. A. Naik, learned counsel for the petitioner, Shri K. Setalvad, learned Additional Solicitor General with Shri S. K. Mishra, learned Assistant Solicitor General of India for respondents 1 and 2, Shri N. C. Phadnis learned counsel for respondent no.3, Shri A. S. Mardikar learned counsel for the respondent No.4 and Shri Anand Parchure for the respondent No.5 have been heard at length. 3. The facts relevant for considering the aforesaid challenge are that, according to petitioner-Company it carries on the business of prospecting...
Nandu S/O Sambaji Nagarkar Vs. State of Maharashtra, Through Its Secre ...
Court: Mumbai Nagpur
Decided on: Sep-04-2013
Oral Judgment: (B.R. Gavai, J.) Rule is made returnable forthwith and heard finally with the consent of learned counsel for the parties. 2. The petitioner, who claims to be a Social worker, has approached this Court seeking a direction to quash and set aside the tender notice published in the daily Nav Bharat dated 21.04.2008 and the whole process undertaken by the respondents in pursuance of the aforesaid tender notice. The petitioner further seeks a direction to constitute a High Power Committee consisting of experts in the field, so as to properly estimate the cost of the Project namely Four laning of Warora-Chandrapur-Ballarpur-Bamani road and bridges on SH 264, Part Warora to Chandrapur km 40/100 to 83/409, Part Chandrapur to Bamani km 94/00 to 107/800 including Chandrapur bypass road (SH 266) km 0/00 to 5/200 and 2 km length of SH 267 in Chandrapur district, total length 64.40 kms and direct the aforesaid High Power Committee to monitor and supervise the work of the aforesaid pro...
Maroti S/O Gangaram Kamble Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Sep-02-2013
Oral Judgment: (B.R. Gavai J.) 1. The appeal takes an exception to the judgment and order passed by the learned Sessions Judge, Wardha in Sessions Trial No.157/2008 thereby convicting the appellant/accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo further simple imprisonment for six months. 2. The prosecution case, in brief, is as under: The accused along with his father, mother, wife and daughter used to reside at village Chandewani. On the date of incident, father and mother of the accused had gone for labour work. The accused had also gone for the labour work but returned in the afternoon. In the evening hours, it was found that the wife and daughter of the accused were lying dead in a pool of blood in the house of accused, while accused was present there. On the basis of confession given to some villagers, an F.I.R. came to be registered. The police ...
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