Mumbai Nagpur Court April 2014 Judgments
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Dr. Ashish Subhash Bodhade and Others Vs. State of Maharashtra, Throug ...
Court: Mumbai Nagpur
Decided on: Apr-30-2014
Oral Judgment: (Vasanti A. Naik, J.) Since the issue involved in these writ petitions is identical and they arise from a common order of the Maharashtra Administrative Tribunal, Nagpur dated 30/03/2012, they are heard together and are decided by this common judgment. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties. The petitioner in Writ Petition No.1255 of 2013 has secured a M.D.S. degree in the subject of Oral Pathology and Microbiology, whereas the petitioner in Writ Petition No.1284 of 2013 has secured a M.D.S. degree in the subject of Periodontics. Also, the petitioner in Writ Petition No.1311 of 2013 has secured a M.D.S. degree in the subject of Oral Pathology and Microbiology. It is not in dispute that while securing admission to the post graduate course in dental education, the petitioners were required to sign a bond to serve the Government for a period of two years, failing which they were required ...
Nagpur Improvement Trust, Through the Chairman, Civil Lines Vs. Kishor ...
Court: Mumbai Nagpur
Decided on: Apr-29-2014
Oral Judgment: 1. This appeal is filed by the appellant/Nagpur Improvement Trust (Original Defendant)(hereinafter for brevity referred to as œ the NIT?), against the Judgment and Order, dated 16.1.2006 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal No. 111 of 1999, which was disposed of on the ground that it became infructuous. The said appeal arose from the Judgment and Order, dated 19.12.1998 passed by the Joint Civil Judge(J.D.), Nagpur in Regular Civil Suit No.1699 of 1996. The suit was decreed for declaration that the notice No. DO (West)251, dated 18.6.1996 and notice No.DO (west) 252, dated 4.7.1996 issued by the defendants to the plaintiff are illegal, null and void. 2. Brief facts are: That the respondent/plaintiff claimed that he is owner of the ground floor of the two storied house no. 569, Nazul plot no.106/5, City Survey no. 405/1 in ward no.3, Joshiwadi, Sitabuldi, Nagpur. The plaintiff also claimed that he was in possession of the first...
Ashok Shikshan Sanstha and Others Vs. S.N. Dutonde and Others
Court: Mumbai Nagpur
Decided on: Apr-28-2014
B.P. Dharmadhikari, J. 1. Dispute is about a public trust having registration number PTR no. F-47 by name Ashok Educational Society duly registered under the Bombay Public Trust Act, hereinafter referred to as BPT Act. Petitioners seek a direction to the administrator on a Public Trust to hand back the charge of Trust to them in terms of judgment dated 30.4.1998 of the Joint Charity Commissioner (hereinafter referred to as Jt. C.C.) in F.A. 14 and 15 immediately. It appears that the petitioners on 10.12.2012 moved an application for restoration of charge back to them as elected body and Joint Charity Commissioner rejected it on 20.12.2012. Challenge to this order and other consequential orders/steps is also added on 24.2.2013. Petitioners claim that there have been two elections of the governing body i.e managing committee “ one in 2007 and the other in 2012. Respondent-2 Deputy Charity Commissioner (hereinafter referred to as Dy. C.C.) on 5.10.2012 has substituted Respondent-1 a...
Prashant and Others Vs. Ushabai and Others
Court: Mumbai Nagpur
Decided on: Apr-25-2014
Oral Judgment: 1. This appeal was admitted on 7.8.2007 on the following substantial question of law: 1. Whether the first Appellate Court was justified in reversing the decree passed by the trial Court mainly on the ground that the plaintiff had not complied with the provisions of Order VII, Rule 3 of the Code of Civil Procedure by not describing the property sufficiently for the purpose of its identification, when the pleadings in the plaint pertaining to the description of the property and the plaint map was sufficient to disclose the identity of the same? 2. The facts, briefly stated, are as under: This Second Appeal is preferred against the Judgment and Order dt.5.7.2006 passed by the learned Additional District Judge, Pandharkawada in Regular Civil Appeal No.194 of 2002 whereby the learned first Appellate Judge was pleased to allow the appeal. In the result, the suit which was decreed by the trial Court came to be dismissed. The first Appeal arose from the Judgment and Order dt.11...
Nathaji Mandir Sanstha, (Shri Krishnalalaji Mandir Trust) and Others V ...
Court: Mumbai Nagpur
Decided on: Apr-24-2014
Oral Judgment : 1. The petitioner is a Public Trust, registered under the provisions of the Bombay Public Trusts Act, 1950 on 15-3-1972. It had defended the proceedings under Section 46 read with Section 54 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 for fixation of price in respect of the tenanted lands on the ground that the income from the said property was being utilized for the purposes of the Trust, and hence the applicability of Sections 46 and 54 was exempted by virtue of the provision of Section 129(b) of the said Act. Although the claim was accepted by the Tahsildar, the Sub-Divisional Officer has set aside the order of the Tahsildar, which has been maintained by the Maharashtra Revenue Tribunal. Hence, both these orders passed by the Sub-Divisional Officer as well as by the Maharashtra Administrative Tribunal are the subject-matter of challenge in this petition. 2. It is not disputed by the learned counsels appearing for the parties that the Auth...
Sharda Vs. Kavi Kalidas Shikshan Sanstha, Through Its President and Ot ...
Court: Mumbai Nagpur
Decided on: Apr-21-2014
1. This petition takes exception to the judgment and order dated 18.4.2001 passed by the School Tribunal, Nagpur, dismissing Appeal No.STN/243 of 1993 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (œMEPS Act?) challenging the termination of the petitioner from service by an order dated 3.4.1993 with effect from 4.5.1993. 2. The facts of the case are as under : In response to the advertisement dated 17.7.1992 issued by the respondent-Management of the School, the petitioner applied for the post of an Assistant Teacher to teach the Middle School Classes. The petitioner was possessing the requisite qualifications of S.S.C., D.Ed. in terms of the said advertisement and was, upon her selection, appointed as an Assistant Teacher on temporary basis for a period of one session with effect from 19.11.1992. This appointment was approved by the Education Officer (Secondary), Zilla Parishad, Nagpur, by his order dated 3.6.1...
Uttamrao Tulshiramji Madghe (Dead) Through L.Rs.: and Others Vs. Shraw ...
Court: Mumbai Nagpur
Decided on: Apr-19-2014
Oral Judgment: 1. Heard the submissions advanced by the learned Counsel for the respective parties. 2. This appeal is directed against the judgment and order dt.6.9.2006 passed by the learned Additional District Judge, Achalpur in Regular Civil Appeal No.4 of 2002 preferred by the original defendant in the suit. The appeal was allowed. The appeal arose from the judgment and order dt.10.12.2001 passed in Regular Civil Suit No.103 of 1998 by the Joint Civil Judge (Jr.Dn.), Achalpur. The suit for declaration and injunction was decreed by the trial Court with costs. The trial Court had declared the suit way shown by alphabets 'ABCD' in the plaint map as easementary way of plaintiff to approach his field and ordered that the defendant had no right to obstruct the easementary way and directed the defendant to remove all the obstructions created by him in the suit way and restrained the defendant from causing obstruction in the user of the suit way by the plaintiff. It was also ordered that t...
Madhusudan Radheshyam Jopat Vs. Laxmanrao Vithobaji Samarit
Court: Mumbai Nagpur
Decided on: Apr-17-2014
Oral Judgment: 1. Heard the submissions advanced by the learned Counsel appearing on behalf of the respective parties. 2. This Second Appeal is filed challenging validity and legality of the Judgment and Order dt.6.3.2013 passed by the learned District Judge-9, Nagpur in Regular Civil Appeal No.486 of 2009, by which the first Appellate Judge held that the plaintiff has not paid the amount of Rs.1,00,000/- to the defendant as a hand loan and hence, set aside the decree passed by the trial Court. The appeal arose from the Judgment and Order dt.19.8.2009 passed in Regular Civil Suit No.1 of 2002 by Civil Judge (Jr.Dn.), Kamptee, who had decreed the money suit finding that the plaintiff had issued a hand loan in the sum of Rs.1,00,000/- to the defendant for a period of two years by executing promissory note dt.26.11.1999 and the defendant failed to repay the loan amount as promised by him. The amount was to be repaid by 25.12.2001, but remained unpaid. Thus, the decree was passed directing...
The Young Revolution Panther, Through Its Secretary, Sachidanand Fulek ...
Court: Mumbai Nagpur
Decided on: Apr-17-2014
Oral Judgment: 1. Rule made returnable forthwith. Head the matter finally by consent of the learned counsels appearing for the parties. 2. This petition challenges the judgment and order dated 30.06.2012 passed by the School Tribunal, allowing Appeal STN No. 73/2000, filed by the Respondent No.2 “ Employee Ku. Sheela Dhanuji Meshram, under Section 9 of the M.E.P.S. Act, challenging her termination from service with effect from 01.07.2000. The School Tribunal has recorded the finding that the Management has failed to establish that the post was reserved for scheduled tribe candidate and therefore, the Education Officer refused to grant approval, which has resulted in termination of the service of respondent no.2. The facts of the case in detail are as under; 3. The initial appointment of the respondent no.2 was on temporary basis as an Assistant Teacher for one academic session from 01.07.1998 to 30.04.1999. This was approved by the Education Officer by his order dated 30.04.1999....
Gopal Madhukar Bombatkar Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Apr-17-2014
Oral Judgment: 1. The appellant has been convicted for the offence punishable under Section 376(2)(f) (old) of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for three months. 2. The appellant was accused of sexual abuse of a nine years old girl namely Ku. Komal Mesre, the daughter of the complainant Smt. Shobha Mesre. The complainant Shobha Mesre, aged about 35 years, was staying at Ward No.5, near Rahul Tower, Nandura within the jurisdiction of Nandura Police Station. Her husband and children were also staying with her. She has a son by name Nilesh, aged about 18 years and two daughters namely Pallavi, aged about 13 years and Ms. Komal, aged about 9 years (victim). The appellant was their neighbour. The incident in question had occurred on 04-12-2009 at about 8.30 p.m. The complainant was at home. Her elder daughter Pallavi had gone to shop and victim Ku. Komal was pl...