Mumbai Nagpur Court April 2014 Judgments
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Kanhu Vs. Badalshaha and Others
Court: Mumbai Nagpur
Decided on: Apr-16-2014
Oral Judgment: 1. This second appeal is preferred against judgment and order dated 29.11.2006, passed by the learned Principal District Judge, Gadchiroli, in Regular Civil Appeal No.14 of 2006, whereby the first appellate Court was pleased to allow the appeal partly and decree the suit for possession. The first appeal arose from judgment and order dated 17.12.2005, passed by the learned Joint Civil Judge Junior Division, Gadchiroli, in Regular Suit No.87 of 1997, whereby the suit was dismissed and mesneprofits were disallowed. 2. This second appeal was admitted on 27.2.2007 on the following substantial question of law, thus: œWhether the appellate Court was justified in reversing the finding recorded by the trial Court without recording reasons therefor and without considering the evidence considered by the trial Court while recording the findings?? The answer is the negative for the following reasons:- 3. The trial Court, it appears that, had decided the suit for possession and ...
Laxman and Another Vs. Deorao
Court: Mumbai Nagpur
Decided on: Apr-15-2014
Oral Judgment: 1. This appeal is directed against the judgment and order dt.20.2.2012 passed by the learned District Judge-6, Nagpur in Regular Civil Appeal No.101 of 2009. The appeal was partly allowed in absence of any appearance on behalf of the respondents in the first Appellate Court. The suit was partly allowed whereby the plaintiff was declared exclusive owner of suit land bearing Survey No.48, admeasuring O.51 R., suit land bearing Survey No.26 admeasuring 0.75 R at village Lapka and suit land bearing Survey No.159/1 admeasuring 1.05 hector of village Dhamangaon plus house property described in the schedule appended to the plaint on the basis of alleged partition that took place 35 years back. The said appeal arose from the Judgment and Order dt.17.4.2008 passed in Regular Civil Suit No.56 of 1999 by Civil Judge (Jr.Dn.), Ramtek, District Nagpur, by which the suit was dismissed. The grievance of the appellant is that, in the first Appellate Court, the appeal was heard and the f...
Union of India, Thro' the General Manager, Central Railway and Others ...
Court: Mumbai Nagpur
Decided on: Apr-15-2014
Oral Judgment: (A.S. Chandurkar, J.) 1. The issue involved in the present writ petition is as regards entitlement of the respondent to grant of Family Pension. 2. The husband of the respondent, one Hari Borkar, was employed as a Ladderman with the Indian Railways. During the course of service, he expired on 12.08.1970. Hence, the respondent, his widow, sought settlement of the dues, including payment of Family Pension. On 18.02.1994, the respondent submitted an application giving various details as regards her entitlement for the Family Pension. On 02.09.1996, the Indian Railways informed the respondent that as her husband was employed as a 'Substitute' Ladderman, there was no provision for grant of Family Pension. Though the respondent made a representation on 10.10.1996, the same was not accepted on the ground that the pension scheme was not applicable to a 'Substitute' Employee. The respondent, thereafter, filed Original Application No.37/1998 before the Central Administrative Tribu...
The Collector, Amravati Camp and Another Vs. Sau. Vimal Devidas Kale
Court: Mumbai Nagpur
Decided on: Apr-11-2014
Oral Judgment: 1. This second appeal is preferred against judgment and order dated 25.3.2004, passed by the learned Fourth Ad-hoc Additional District Judge, Amravati, in Regular Civil Appeal No.215 of 2003, whereby the appeal was dismissed, which arose from judgment and order dated 12.11.2002, passed by the learned Second Joint Civil Judge Senior Division, Amravati, in Regular Civil Suit No.20 of 2001, whereby the suit was decreed in favour of the plaintiff. 2. The question arose in this appeal is, whether the lower Courts were justified to consider the case of the plaintiff as the project affected person in view of the provisions of The Maharashtra Project Affected Persons Rehabilitation Act, 1986. 3. It appears that the case of the plaintiff is that she owned and possessed the agricultural land bearing Survey No.300/2 admeasuring 1H 75R, the State of Maharashtra had acquired 2H 95R belonging to the plaintiff as she also owned other land bearing Survey No.300/4 admeasuring 1H 20R situ...
Vishwanath Vs. Pandurang
Court: Mumbai Nagpur
Decided on: Apr-11-2014
Oral Judgment: 1. This appeal is preferred against the judgment and order dated 11th October 2011 passed by the Adhoc District Judge-2, Wardha in Regular Civil Appeal No. 83 of 2004. The appeal was dismissed. The appeal arose out of judgment and order dated 21st June 2004 passed by the Civil Judge, Junior Division, Wardha in Regular Civil Suit No. 261 of 2000 whereby suit was dismissed. 2. Facts in brief are that appellant and respondent are real brothers. They inherited suit land bearing survey nos. 56 and 57, total area 5.83 HR situated at village Hiwara, Tahsil Sevagram, District Wardha. This ancestral agricultural land was triangular in shape. Both the brothers had entered into a registered Partition Deed (exhibit 51) whereby the aforesaid agricultural land was agreed to be partitioned pursuant to the terms contained therein. The land was divided by drawing east-west boundary. Plaintiff Vishwanath was given half portion (2.92 HR) on southern side. The northern portion admeasuring 2...
Vidarbha Vikas Mahila Bal Kalyan Shikshan Sanstha and Another Vs. Stat ...
Court: Mumbai Nagpur
Decided on: Apr-09-2014
Oral Judgment: 1. By consent, petition is taken up for final hearing. 2. Rule. 3. This petition challenges the decision taken by the respondent No.3-Academic Council, Sant Gadge Baba Amravati University, Amravati under Section 91 of the Maharashtra Universities Act, 1994 (in short, œthe Act?) withdrawing affiliation of a particular course started by petitioner No.2-College. 4. The petitioner No.1 is an education society, it runs petitioner No.2-College at Akola. In this College there are several courses conducted. One of the courses was B.A. (Social Work), it started in 2010. Before starting this course, the petitioners sought affiliation of respondent No.2-University. Having regard to the provisions of Section 81 of the Act the University gave affiliation. After getting affiliation the petitioner No.2 started admitting students for this course and the course continued. It was a course of three years. At the end of the course a students would get degree of Bachelor of Social Work...
Laxman Wamanrao Nagapure Vs. Shankar Haribhau Adhau and Another
Court: Mumbai Nagpur
Decided on: Apr-09-2014
Oral Judgment: 1. This second appeal is directed against judgment and order dated 6.8.2012, passed by the learned District Judge-I, Akot, in Regular Civil Appeal No.25 of 2009, whereby the appeal was dismissed, which arose from judgment and order dated 18.6.2007, passed by the learned Joint Civil Judge Junior Division, Telhara, in Regular Civil Suit No.73 of 2005, whereby the suit was decreed for possession of alleged encroachment portion of 25R land out of Survey No.47/7-A admeasuring about 2.64R claimed as belonging to the plaintiff. The agricultural land is situated at village Telhara (Bk.), Taluka Telhara, District Akola. 2. The substantial question of law is to be decided, "Whether the Courts below were right in not directing re-measurement of the suit field and the adjoining lands, by following due procedure governing the measurements? 3. The grievance of Shri A.B. Mirza, learned counsel appearing for the appellant, is that in the trial Court the plaint did not describe the dispu...
The Medical Superintendent, Rural Hospital and Others Vs. Manisha Nara ...
Court: Mumbai Nagpur
Decided on: Apr-08-2014
Oral Judgment : 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The challenge in all these petitions is to the common judgment and order dated 18.4.2012 passed by the Industrial Court in Complaints (ULP) Nos.52, 53, 66 to 72, 77, 78, and 83 to 90 of 2010. The Industrial Court has allowed the complaints and granted the declaration that the petitioner-employer is engaged in an unfair labour practice falling under Item 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (œMRTU and PULP Act?). The consequential declaration is also granted that and connected matters.odt the complainants are entitled to be regularized on their posts of Staff Nurses from the date on which they were initially appointed. However, the claim of the complainants under Items 6 and 9 of Schedule IV of the MRTU and PULP Act has been rejected. 3. All the complainants are holding the ...
Shalik Maruti Kowe (In Jail) Vs. State of Maharashtra, Through Its Sec ...
Court: Mumbai Nagpur
Decided on: Apr-08-2014
1. The petitioner though has initially approached this Court being aggrieved by the order dated 19.6.2012 passed by the respondent no.3 and the order dated 22.6.2012 passed by the learned In-charge Principal District and Sessions Judge, Amravati, the petitioner had by way of amendment challenged the vires of Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962 being ultra vires of Article 14 of the Constitution of India. 2. The undisputed facts giving rise to the present petition are as under:- On 24.8.1996 the petitioner came to be arrested in connection with a murder case. The petitioner stood convicted for an offence punishable under Section 302 of the Indian Penal Code on 23.6.1997 and was put in Amravati Central Prison. Taking into consideration the good conduct of the petitioner, the petitioner came to be transferred to Morshi Open Prison on 14.5.2008. The petitioner had earned remission while he was at Central Prison, Amravati, so also at Open Prison, Morshi. How...
Maharashtra State Co-operative Cotton Growers' Marketing Federation Li ...
Court: Mumbai Nagpur
Decided on: Apr-08-2014
The only question that arises for determination in this writ petition is whether on the withdrawal of the prohibitory order dated 04.03.2013 prohibiting the petitioner-Maharashtra State Cooperative Cotton Growers' Federation Limited from withdrawing amount from its account in Bank of India, by the order dated 12.03.2013, the respondent-Employees' State Insurance Corporation was liable to redeposit the amount of Rs.27,25,171/- in the account of the petitioner-Federation on the principle of restitution. The respondent-Corporation had issued recovery certificates against the petitioner under the provisions of the Employees State Insurance Act, as according to the respondent-Corporation, the petitioner-Federation was covered under the provisions of the Act. Against the recovery certificates for the period from 1976 to 1988, the petitioner-Federation filed applications before the Employees' Insurance Court seeking a declaration that the petitioner-Federation is not covered by the provisions...
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