Mumbai Nagpur Court November 2015 Judgments
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Chanda Hinglas Bharati Vs. The State of Maharashtra, Through the Addit ...
Court: Mumbai Nagpur
Decided on: Nov-26-2015
Oral Judgment: (Vasanti A. Naik, J.) 1. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. Whether a Hindu woman who marries a Hindu man during the subsistence of his marriage with his wife would be entitled to family pension under the Maharashtra Civil Services (Pension) Rules, 1982 is the question that falls for consideration in this writ petition. Few facts giving rise to the petition are stated thus: 2. Hinglas Bharati was in the services of the respondent nos.2 to 4 while he expired on 19.9.1999. Hinglas Bharati was married to Pushpa as per Hindu rites and custom and during the subsistence of the marriage of Hinglas Bharati with Pushpa and during the lifetime of Pushpa, petitioner Chanda claims to have entered into a wedlock with Hinglas Bharati on 3.4.1993. Ku. Sheetal was born from the wedlock between Hinglas Bharati and Smt. Pushpa whereas Ku. Diksha and Chetan were born from the alleged wedlock between t...
The Oriental Insurance Company Limited, Branch Dharampeth, Nagpur, thr ...
Court: Mumbai Nagpur
Decided on: Nov-26-2015
1. In the Claim Petition No.575 of 2002 filed under Section 166 of the Motor Vehicles Act, the Motor Accident Claims Tribunal at Nagpur has passed an award on 27.03.2003, in favour of the dependents of the deceased namely Nazir Beg, for a compensation of Rs.3,25,150/- with 9% interest from the date of filing of the petition and further at the rate of 12% per annum from the date of award till its realization, for failure to deposit the amount within a period of 45 days. The owner of the vehicle and the Insurance Company both are held liable jointly and severally, to pay the amount of compensation. The Tribunal has held that the deceased was working as a driver on the vehicle i.e. Tata Sumo bearing registration No.MH-31 H-5869 owned by the respondent No.2 and he died on 06.12.1997, as a result of the vehicle turning turtle. The Tribunal has held that the dependents of the deceased are entitled for compensation even though the deceased died because of his own negligence resulting in occur...
M/s R. B. Shreeram Durgaprasad, Tumsar Vs. The Commissioner of Income ...
Court: Mumbai Nagpur
Decided on: Nov-24-2015
Oral Judgment: (B.P. Dharmadhikari, J.) 1. Following two questions are referred to this Court by the Income Tax Appellate Tribunal under Section 256 (1) of the Income Tax Act- (1) Whether on the facts and in the circumstances of the case, the reassessment order for assessment year 1959-60 dated 18.3.1970 was barred by the period of limitation? (2) Whether on the facts and in the circumstances of the case and having regard to the form, content and language of the show-cause notices received by the assessee, the order of the Inspecting Assistant Commissioner imposing the penalty on the assessee was illegal and without jurisdiction? 2. We have heard Official Liquidator as the assessee is already ordered to be wound up. Official Liquidator has taken assistance of panel Chartered Accountant M/s A. G. Pimperkhede and Company. We have heard Mr A. G. Pimperkhede, Chartered Accountant and perused brief note submitted by him along with photo copies of precedents. 3. Mr Anand Parchure, learned co...
Rashmi Hemant Bhave and Another Vs. State of Maharashtra, through it's ...
Court: Mumbai Nagpur
Decided on: Nov-24-2015
Oral Judgment:(B.R. Gavai, J.) 1. Rule returnable forthwith. Heard by consent. 2. The clever husband and wife, who are petitioners herein, have approached this Court seeking a declaration that the acquisition of their lands bearing plot nos.4, 5 and 6 situated in a layout developed in Survey No.145/2, Patwari Halka No.42, Mouza Khapri Railway, Tq. Nagpur Rural, District Nagpur has lapsed in view of provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the New Act) (hereinafter referred to as the Act of 2013?). 3. Since the facts as well as the question of law involved in both the petitions are identical, both are heard and decided together by this common Judgment. 4. The facts, in brief, giving rise to the present petitions are as under: A notification u/s.4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Old Act?) came to be published on 11.1.1999 by the State Government in resp...
Digamber (dead) Legal representatives. and Others Vs. Gajanan Maharaj ...
Court: Mumbai Nagpur
Decided on: Nov-23-2015
Oral Judgment: (B.R. Gavai, J.) 1. The appeal takes exception to the judgment and order passed by the learned Single Judge of this Court in Writ Petition No.516 of 1992 dated 13th of January, 2005, thereby allowing the petition filed by the respondent and upholding the order passed by Tahsildar dated 9th of March, 1988 while setting aside the order passed by the first appellate authority i.e. Sub Divisional Officer dated 27th of June, 1988 and revisional authority i.e. learned Maharashtra Revenue Tribunal, Nagpur dated 19th of November, 1991. 2. The facts in brief giving rise to the present appeal are as under: The respondent is a Public Trust having registration No.A-250 (Bul) and the owner of land admeasuring 28 Acres 27 gunthas at mauza Lamkani, tahsil Akot, which is subject matter of the present proceedings. The respondent “ Trust has got exemption under the provisions of Section 129(b) of the Maharashtra Tenancy and Agricultural Land (Vidarbha Region) Act. On 15th of June, 1...
Central India Institute of Medical Sciences Vs. Union of India, throug ...
Court: Mumbai Nagpur
Decided on: Nov-21-2015
B.P. Dharmadhikari, J. 1. Petitioner, a Society registered under the provisions of Societies Registration Act, and a Public Charitable Trust, registered under the provisions of Maharashtra Public Charitable Trust Act, 1950, has questioned the rejection by respondents of its prayer to grant it approval under Section 35[1][ii] of the Income Tax Act, 1961 (hereinafter referred to as the 1961 Act? for short), by order dated 23.12.2013. This order is passed by respondent no.1 “ Government of India through its Deputy Secretary, and respondent no.2 is Chief Commissioner of Income Tax for Vidarbha Region. 2. Perusal of the impugned order shows that petitioner was earlier granted approval after holding that it qualifies as an other institution? as employed in that section. Rejection in impugned order is after holding that the petitioner “ organization is mainly involved in running hospital and no education is imparted by it. It does not itself award/confer Ph.D. Degree upon anybody,...
Ganesh Kisandas Lashkare Vs. Mahabirprasad Chaurasia (Dead)
Court: Mumbai Nagpur
Decided on: Nov-21-2015
Oral Judgment: 1. The challenge in the present writ petition is to the adjudication of standard rent in proceedings initiated under Section 8 of the Maharashtra Rent Control Act, 1999 (for short 'the said Act'). 2. The respondent herein is the owner and landlord of house admeasuring 1056 sq.ft., which is occupied by the petitioner as a tenant. The tenancy was created in the year 1961 on monthly rent of Rs.20/-. According to the respondent, as the rent was inadequate, he sought determination of standard rent and accordingly on 28/09/2000 initiated proceedings under Section 8 of the said Act. The proceedings were opposed by the petitioner by filing reply. The proceedings were titled as Regular Civil Suit No.98/2000 and after the parties led evidence, the trial court fixed the standard rent at Rs.1,200/- per month from the date of filing of the proceedings. Being aggrieved, the petitioner filed an appeal under Section 34 of the said Act and the appellate court confirmed the findings of th...
Maharashtra Industrial Development Corporation Vs. Prabhakar Nanaji Di ...
Court: Mumbai Nagpur
Decided on: Nov-21-2015
1. This appeal has been preferred by the Maharashtra Industrial Development Corporation, Nagpur, the acquiring body, challenging the judgment and order dated 22.12.2000, passed by the learned Civil Judge, Senior Division, Chandrapur, in Land Acquisition Case No. 113 of 1995, enhancing the compensation for acquisition of the land i.e. Survey No. 288, admeasuring 3.15 HR from Rs. 55,000/- per hectare to Rs. 3,00,000/- per hectare. The claimants have also filed Cross Objection No. 3 of 2007 for claiming further enhancement of compensation at the rate of Rs.100/- per sq.mtr . Hence, both the matters are heard together. 2. The facts of the case are as under: The notification under Section 32(2) of the Maharashtra Industrial Development Act, 1961 (hereinafter referred to as "the said Act"), which is equivalent to Section 4 of the Land Acquisition Act was issued on 04.02.1992 for acquisition of Survey No. 288, admeasuring 3.15 HR owned by the claimants. The notification under Section 32(1) of...
Subhash Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Nov-21-2015
Oral Judgment : 1.Being aggrieved by the Judgment and Order dated 09th March, 2015 passed by learned Additional Sessions Judge, Chandrapur, in Sessions Case No. 2 of 2013 convicting the appellant Subhash Balkrushna Buradkar of the offences under Sections 9 and 10 of the Protection of Children from Sexual Offences Act, 2012, and sentencing him to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 2,000/-, in default, further Rigorous Imprisonment for one month, and also for the offence under Section 354-A of Indian Penal Code, the present appeal has been filed by the appellant, who is in jail from 5th July, 2013. 2.In support of the appeal, learned counsel for the appellant submitted that the prosecution case is based on the solitary testimony of the girl child witness aged about nine years, and the Trial Court recorded conviction on the basis of the said evidence. He submitted that though the conviction can be based on the sole testimony of a witness, but then, in th...
M/s. Gold Touch Real Estate Private Limited and Others Vs. Suresh and ...
Court: Mumbai Nagpur
Decided on: Nov-21-2015
B.P. Dharmadhikari, J. 1. This First appeal by plaintiff assailing the dismissal of its suit for specific performance came to be admitted on 03.04.2013 and at that stage while passing orders on Civil Application No. 2507 of 2012, the appellant was directed to deposit an amount of Rs.15 crore with the registry of this Court by 31.05.2013. Subject to such deposit interim direction to maintain status quo was continued. The said direction was questioned before the Hon'ble Apex Court and the Hon'ble Apex Court has on 07.07.2014 directed expeditious disposal of appeal. The deposit of Rs.4 crore made by the appellant with the Registry of the Hon'ble Apex Court was directed to the transferred to this Court. The amount of Rs.15 crore was thus substituted by the amount of Rs.4 crore. In the meanwhile, on 13.12.2013, Cross Objection filed by Respondent Nos. 1, 4 and 5 also came to be admitted for final hearing. 2. As per orders of the Hon'ble Apex Court dated 07.07.2014, the Appeal and Cross Obje...