Mumbai Nagpur Court October 2014 Judgments
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Syed Mumtaz Syed Moosa Vs. The Divisional Controller, Maharashtra Stat ...
Court: Mumbai Nagpur
Decided on: Oct-28-2014
1. Heard Shri B.M. Khan, the learned Advocate for the petitioner and Shri R.S. Charpe, the learned Advocate for the respondent. The petitioner-employee has filed this writ petition challenging the order passed by the subordinate Courts concurrently upholding the dismissal of the petitioner from the service. 2. The petitioner had been in the employment of the respondent-Corporation as driver since 1984. According to the petitioner, his record of service was good and unblemished till theincident which resulted in dismissal of the petitioner occurred. The petitioner was given charge-sheet dated 29th June, 1993 alleging that on 9th May, 1993 when the petitioner was driving the State Transport bus on Mangrulpir-Nanded route, an accident occurred with matador in which three passengers travelling in the matador died and 13 passengers travelling in the matador sustained injuries. According to the respondent-Corporation, the petitioner failed to maintain safe distance between the State Transpor...
Bhawana and Another Vs. Navneet and Another
Court: Mumbai Nagpur
Decided on: Oct-28-2014
Oral Judgment: 1. Admit. 2. Heard finally by consent of the learned Counsel for the parties. 3. It is seen from the impugned order that an application for temporary injunction has been granted for two reasons. The first reason is that defendants No. 3 and 4, who are appellants herein, are refusing to perform specifically the agreement of sale entered into by defendants No. 1 and 2 in favour of the respondents. The second reason is that the appellants have sold part of the property, which conduct disclosed the intention of the appellants to meddle with the suit property during pendency of the suit that has been filed for permanent injunction and specific performance of the contract. 4. So far as the first reason is concerned, it relates to existence of prima facie case in favour of the respondents. However, it is submitted by learned Counsel for the appellants that in view of the law laid down by Hon'ble Apex Court in the case of Pemmada Prabhakar and others Vs. Youngmen's Vysya Associa...
Dattatray Uddhav Uplenchwar (Dead), Through Lrs. and Others Vs. State ...
Court: Mumbai Nagpur
Decided on: Oct-28-2014
Oral Judgment: 1. This appeal is preferred against the judgment and decree dated 23/01/1995 passed in Land Acquisition Case No. 7 of 1994 by Joint Civil Judge, Senior Division, Yeotmal. The facts of the case may be stated in brief as under.: A piece of land admeasuring 0.25 H.R. from Gat No. 153 of mouza Both, owned by original applicant Dattatray Uplenchwar, was acquired by the State. Notification under Section 4 of the Land Acquisition Act was published on 07/11/1991. The Land Acquisition Officer fixed the market value of acquired land @ Rs.10,000/ per hectare. Since the acquired land had non agricultural potential, the original applicant felt that the compensation awarded by the Land Acquisition Officer was insufficient and, therefore, an application for referring the matter for consideration of enhancement of compensation came to be moved under Section 18 of the Land Acquisition Act and it was referred to the Joint Civil Judge, Senior Division, Yavatmal. Upon reference of the appli...
Shah Vajeda Bano Bashir Shah Vs. The State of Maharashtra, through its ...
Court: Mumbai Nagpur
Decided on: Oct-27-2014
Oral Judgment : B.P. Dharmadhikari, J. 1. Heard finally with the consent of Shri Choudhari, learned counsel for the petitioner and Shri Kadu, learned Assistant Government Pleader for respondent Nos. 1 and 2. 2. The petitioner is continuing in employment as Shikshan Sewak. His caste claim as belonging to Chhaperband, Vimukta Jati (A), has been invalidated on 10.12.2013. This Court on 21.02.2014 has protected his employment. 3. Shri Choudhari, learned counsel has invited attention to the impugned order to urge that the validity given to a cousin has been discarded only by observing that the relationship with that person is not established. He contends that except for mentioning this conclusion, there are no reasons recorded as to why the relationship is not substantiated. Our attention is invited to the report submitted by the Vigilance Cell Authority on 20.06.2011 wherein the name of the said cousin or his father Atta Ulla Shah finds mention. The learned counsel submits that as the rela...
Tulsabai Mahadeorao Raghurte Vs. Gangubai Babanrao Sarve
Court: Mumbai Nagpur
Decided on: Oct-27-2014
Oral Judgment: 1. In Regular Civil Suit No. 40/2000, the Small Causes Court at Nagpur, has passed a decree on 29th November, 2005, for recovery of arrears of rent of Rs.1,28,012/ along with the interest at the rate of 6% per annum from the date of filing of the suit till its realization. Regular Civil Appeal No. 98/2006 has been dismissed by the learned Adhoc District Judge, Nagpur, on 30th September, 2006. Hence, the original defendant is before this Court challenging the findings recorded by both the Courts below. 2. In the plaint, the plaintiff has given the particulars of claim in para 6 as under:i]Arrears of rent w.e.f. 1st January, 1997 to 31st December 1999 @ Rs.1500/p. m.Rs.54,000/-ii]Arrears of rent Rs.500 + 300 respectively collected by the Defendant from the tenants from January 1997 to December 1999 @ Rs.500 + 300 amounting to Rs.800/-Rs.28,000/-iii]Interest @ Rs.18% per annum on the gross amount of Rs.82,800/- for 3 years interestRs.44,712/-iv]Notice ChargesRs. 500/-TotalR...
Manoj Vs. Committee for Scrutiny and Verification of Tribe Claim and O ...
Court: Mumbai Nagpur
Decided on: Oct-14-2014
A.P. Bhangale, J. 1. Heard the learned Counsel for the respective parties. 2. By this petition, the petitioner has prayed for quashing and setting aside order dt.17.7.2003 passed by respondent no.1/Committee for Scrutiny and Verification of Tribe Claim, Amravati. The petitioner has also prayed for issuance of directions to hold that the petitioner belongs to Scheduled Tribe Thakur community. It appears that the petitioner namely Manoj Narayanrao More, resident of Murtizapur, District Akola claimed as belonging to caste 'Thakur' recognized as Scheduled Tribe on the basis of Caste Certificate issued by the Sub Divisional Magistrate, Akola dt.28.6.2002. The petitioner had relied upon the School Leaving Certificate dt.4.7.2001 indicating the caste Thakur mentioned therein and the School Leaving Certificate, dt.19.6.2001 issued in favour of the petitioner shows that he is 'Thakur' by caste and the School Leaving Certificate issued to Narayan Baliram Thakur, father of the petitioner mention...
State Bank of India, Regional Business Office Vs. The Central Governme ...
Court: Mumbai Nagpur
Decided on: Oct-14-2014
1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties. 2. By this petition, the petitioner has that the impugned Award dt.14.2.2014 be quashed and set aside whereby the action of the management of the State Bank of India through its Assistant General Manager, Region VI (Disciplinary Authority) and Deputy General Manager (Appellate Authority) in terminating the services of the workman namely Shri P.C.Mahadole w.e.f. 15.9.2005 was held as illegal and unjustified. The punishment of dismissal from service without notice imposed against the workman was quashed and set aside by the impugned order and the workman was held entitled for reinstatement in service with continuity and also to 25 % backwages from the date of his dismissal from service till the date of his actual reinstatement in service and with all other consequential service benefits. The petitioners were directed to implement the Award within one month from the date of noti...
Veena Vs. The Chairman, Nagpur Improvement Trust, Nagpur and Others
Court: Mumbai Nagpur
Decided on: Oct-14-2014
P.C. 1. The petitioner has prayed for to quash and set aside Order No. 657 dated 08/05/2009 passed by the Chairman, Nagpur Improvement Trust, Nagpur (NIT) and order dated 14/09/2009 passed by the NIT respondent no. 1 under Sections 3 and 4 of the Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 as wholly without jurisdiction and contrary to the principles of natural justice and for issuance of the direction to respondent no. 1 to call upon respondent no. 3 restraining the enforcement of the said order. 2. Facts stated are that the petitioner came across the advertisement issued by respondent no. 2 in the year 1990 for sale of the plots at Khasra no. 83/1, PH No 44 Ward No. 15 situated at Mauza Somalwada, Nagpur. The petitioner purchased Plot No. 2, area 464.25 Sq. Meters (5000 Sq. Feet) out of total 104 plots layout for the consideration of Rs. 7500/vide registered Sale Deed dated 26/09/1990 from respondent no. 2. The Government of Maharashtra enacted...
Textile Kamgar Sanghatana and Others Vs. Hon'ble Member, Industrial Co ...
Court: Mumbai Nagpur
Decided on: Oct-14-2014
Oral Judgment: 1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties. 2. The challenge in the present Writ Petition is to the order dated 19.07.2013 passed below Exhs. 14, 17 and 20 in Reference (BIR) No. 5 of 2012 whereby all the aforesaid applications have been rejected. 3. The respondent no.2 is an Industry wherein its employees have formed petitioner No. 1 Trade Union registered under the provisions of Trade Union Act, 1926. The service conditions of the employees of the respondent no. 2 Industry are governed by various agreements/settlements between the Industry and elected representatives of the employees. An earlier agreement dated 07.07.2009 was for the period from 01.11.2008 to 31.10.2011. After expiry of aforesaid agreement, in absence of any representative union, four elected representatives gave fresh charter of demands in terms of provisions of Section 42(2) of the Bombay Industrial Relations Act, 1946 (for short the s...
Pradip Vs. First Labour Court, Nagpur and Another
Court: Mumbai Nagpur
Decided on: Oct-13-2014
1. Heard the learned Counsel for the respective parties. 2. Petitioner has questioned validity and legality of the Award dated 5th September, 2005 passed by the 1st Labour Court, Nagpur in Reference No.IDA53/2005 under the Industrial Disputes Act. 1947. 3. The facts, briefly stated are as under: Yugantar Education Society is carrying on activities such as running of educational institutions, hospital etc. in Nagpur. The petitioner was appointed as a peon in the Office of said Yugantar Education Society, Nagpur pursuant to letter dt.10.9.1980 on a consolidated salary of Rs.200/ per month. The petitioner was promoted to the post of clerk w.e.f. 1.9.1983 and was posted as a Storekeeper-cum-Clerk in the Family Welfare Centre in Smt. Nimbunabai Tirpude Hospital, Kamptee Road, Nagpur. He was serving in the pay scale of Rs.950201150EB251550 plus allowances as admissible and was paid Rs.4700/per month. He was working under the supervision of Medical Officer at the Centre and under over all in ...
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