Mumbai Nagpur Court October 2015 Judgments
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Tejrao Bajirao Mhaske Vs. Damodhar Narayan Sawale and Others
Court: Mumbai Nagpur
Decided on: Oct-30-2015
1. The Trial Court dismissed Regular Civil Suit No.257 of 1985 on 31-7-1987 for possession of Survey No.20/2 on the basis of the sale-deed dated 21-4-1979 at Exhibit 128, recording the finding that the plaintiff has failed to prove that he has purchased the suit field from the defendants. The Trial Court held that the defendant No.2 has established that the sale-deed at Exhibit 128 was nominal and executed by way of collateral security for money lending transaction. The Trial Court further held that in the absence of permission of the District Collector, as required by the provision of Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the sale at Exhibit 128 is void. 2. The lower Appellate Court has reversed the decision of the Trial Court, in Regular Civil Appeal No.98 of 1987 by its judgment and order dated 31-7-1995. It is held that the defendant No.1 has admitted the claim of plaintiff and the plaintiff has established that the defend...
Royal Sundaram Alliance Insurance Co. Ltd. Vs. Madhu @ Mahadev and Ano ...
Court: Mumbai Nagpur
Decided on: Oct-30-2015
Oral Judgment : 1. The question that arises for determination in this appeal filed under Section 30 of the Employees Compensation Act, 1923 (for short, the said Act) is whether a legal representative of a deceased employee can be permitted to continue proceedings initiated by said employee during his life time for seeking compensation under Section 10 of the said Act. The facts lie in a narrow compass. One Madhu was employed with the respondent No.2 and during the course of employment, he met with an accident on 11/02/2011. On 07/05/2012 said Madhu filed proceedings under Section 10 of the said Act seeking compensation on the ground that the accident in question had arisen out of and in the course of employment. During pendency of said proceedings, the claimant Madhu expired on 23/07/2013 and his elder brother in the capacity as his legal heir applied for being brought on record. Said application was opposed by the appellant on the ground that the elder brother of the deceased was not ...
National Insurance Co. Ltd. Vs. Gangadhar Gendrao Patankar and Others
Court: Mumbai Nagpur
Decided on: Oct-30-2015
Oral Judgment : 1. This appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short, the said Act) at the the instance of the Insurance Company takes exception to the Judgment of the Motor Accident Claims Tribunal, Amravati by which the claim for compensation filed by respondent Nos.1 to 5 has been allowed. 2. It is the case of the respondent Nos.1 to 5 that on 07/04/2007, the four year old child of respondent Nos.1 and 2 met with an accident in front of their house while answering nature's call. Said child was hit by a truck owned by respondent No.7 and driven by respondent No.6. Appellants therefore claimed compensation of an amount of Rs.1,50,000/. 3. The owner and driver of the offending vehicle remained exparte. The appellant filed its written statement and took a plea that it was not liable to pay any compensation as claimed on the ground that the offending vehicle was not insured with it. It was further denied that the driver of the vehicle had driven the vehicle i...
Badalsingh and Others Vs. Divisional Caste Certificate Scrutiny Commit ...
Court: Mumbai Nagpur
Decided on: Oct-30-2015
P.N. Deshmukh, J. 1. Rule returnable forthwith. Heard finally by consent of learned Counsel for the parties. 2. All these petitions are disposed of by this common judgment as substantial question involved therein to a large extent is common. 3. In Writ Petition No.6889/2014, petitioner has challenged order dated 17/1/2014 passed by respondent no.1 Caste Scrutiny Committee invalidating his caste claim of belonging to `Mahar' (Scheduled Caste) and prayed for quashing of the same. In Writ Petition No.2591/2014, petitioner has challenged order dated 1/8/2013 passed by respondent no.2 Caste Scrutiny Committee invalidating her caste claim of belonging to `Mahar' (Scheduled Caste) and prayed for quashing of the same. In Writ Petition No.6586/2014, petitioner has challenged order dated 4/7/2013 passed by respondent no.1 invalidating her caste claim of belonging to `Korku' (Scheduled Tribe) and prayed for quashing of the same. 4. In nutshell, it is the case of petitioner Badalsingh s/o Bharosa ...
Mallika Sherawat @ Reema Lamba Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Oct-29-2015
Oral Judgment: 1. This application is ordered to be converted in Criminal revision. Counsel for the applicant to carry out amendment forthwith. 2. Following is the prayer in this revision application: (i) To quash and proceeding vide Criminal Complaint No.27/2009, as well as the order taking cognizance dated 13.04.2009 and subsequent orders issuing processes pending before the JMFC at Pandharkawda (Kelapur) against the applicant/accused under Section 292 of IPC. 3. When this application was called out for hearing on 27.10.2010, learned counsel for the applicant Mr.Chakotkar, prayed for adjournment and counsel for non applicant no.2 was absent. It was, therefore, adjourned for today in order to give opportunity to both the sides. Today, again counsel for the applicant seeks adjournment while counsel for non applicant no.2 is absent. The present revision application relates to the year 2010. It is not possible to adjourn the proceedings in the manner sought by counsel for the applicant, ...
Dr. Reeta Harode Vs. State of Maharashtra through its Secretary, Depar ...
Court: Mumbai Nagpur
Decided on: Oct-29-2015
Oral Judgment: (B.P. Dharmadhikari, J.) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner questions the judgment dated 27.08.2014 delivered by the Maharashtra Administrative Tribunal (MAT) in Original Application No. 324 of 2014. The petitioner approached MAT assailing her superannuation on reaching the age of 60 years and questioned refusal of State Government to grant her an extended age of superannuation beyond 60 years and up to 62 years. The date of birth, the date of retirement on reaching the age of superannuation or the date on which she completes 62 years of her age are not in dispute. She reaches 62 years of her age on 31.10.2015 and hence upon the request made by Shri Sambre, learned counsel for the petitioner on 07.10.2015, the petition was directed to be listed on 19.10.2015. That is how it is being heard finally today. 2. The petitioner reached the age of 60 years on 31.10.2013. On 29.10.2013, the State Government denied her extensio...
Hemant Tukaram Karande Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-27-2015
1. This revision is directed against the judgment and order dated 05.03.2005 passed by Judicial Magistrate First Class, Court No.6, Nagpur in Criminal Case No.1068/1999, convicting the revision applicant for the offence punishable under Section 354 of the IPC and sentencing him to undergo simple imprisonment for four months and to pay a fine of Rs.800/-, in default to undergo imprisonment for 15 days and for an offence punishable under Section 341 of the IPC to pay a fine of Rs.500/- in default to suffer simple imprisonment for 15 days and confirmed in Criminal Appeal No. 22/2005, only insofar as the conviction and sentence under Section 354 of the IPC is concerned. FACTS: 2. The revision applicant was aged about 57 years at the relevant time and was working as Director of Akashwani, Nagpur. Samson Manwatkar was working as a subordinate Government servant under him. It is the case of the prosecution that on 22.07.1999, the complainant-Upasna, aged about 8 years, daughter of Samson Manw...
Swami Vivekanand Shikshan Sanstha and Others Vs. Presiding Officer, Sc ...
Court: Mumbai Nagpur
Decided on: Oct-27-2015
Oral Judgment: 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The School Tribunal, Nagpur, by its judgment and order dated 19-11-2014, has allowed Appeal No.STC-02/2006 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 challenging the oral termination of the respondent No.2-Narayan Wasudeo Meshram (the employee?) from the post of Assistant Teacher with effect from 26-10-2005. The termination has been set aside and the Management is directed to reinstate the employee on the same post with continuity in service, but without payment of back wages. The Management has filed Writ Petition No.7259 of 2014 challenging the order setting aside the termination of the employee and directing his reinstatement with continuity in service, whereas Writ Petition No.4766 of 2015 has been preferred by the employee challenging the denial of back wages by the School Tribunal....
Vaibhav Basantkumar Shukla and Others Vs. Lorna Cordeiro and Another
Court: Mumbai Nagpur
Decided on: Oct-27-2015
Oral Judgment: 1. The respondents are the original plaintiffs who have filed Special Civil Suit No. 691 of 1993 sometime on or about 2nd September, 2013. The suit claims a declaration that the sale deed dated 13th December, 1978 said to have been executed by Mrs. Cecilea Azavedo Cordeiro in favour of the father of the defendants Shri Basantkumar Shukla as illegal, null and void. The suit also claims a declaration that the defendants have no right to remain in possession of the suit property and the decree for possession has been claimed. The plaintiffs have asked for a decree of permanent injunction restraining the defendants from trespassing, obstructing or dealing with the property in any manner in future. 2. Immediately upon the receipt of suit summon, the defendants filed an application Exh. 18 under Order VII, Rule 11 (a) and (d) of C.P.C for rejection of plaint on the ground that the plaint does not disclose the cause of action and that the suit is barred by law of limitation. Th...
Sanjay Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Oct-27-2015
1. The present appeal is directed against the judgment and order passed by the learned Special Judge, Chandrapur, in Special (Child) Case No. 5 of 2014 on 02.01.2015, thereby convicting the present appellant for the offence punishable under Sections 376(2)(i) of Indian Penal Code read with Sections 3 and 4 of Prevention of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default to suffer rigorous imprisonment for one month. 2. The prosecution case, in nut shell, is as under: Factual Matrix : Prosecutrix is the first informant. She lodged a complaint (Ex.15) with police station Pathari on 22.12.2013. Since the said complaint was disclosing commission of a cognizable offence, a crime was registered vide Crime No. 18/13. Superintendent of Police ordered for investigation by higher police official and accordingly the investigation was handed over to P.W.9 Baburao Bhause Mahamuni, the S.D.P.O. As pe...
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