Mumbai Court July 1994 Judgments
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Daulat Dhana Mail (Deceased) by Legal Heirs Vs. the State of Maharasht ...
Court: Mumbai
Decided on: Jul-07-1994
Reported in: 1995(2)BomCR279
M.S. Vaidya, J.1. Having felt aggrieved by the order dated 25-10-1976 passed by the Assistant Collector, Amalner Division, and the order dated 3rd January, 1977 in Appeal by the Maharashtra Revenue Tribunal, the petitioners have approached this Court praying that the aforesaid orders be quashed and set aside.2. The facts necessary for the decision of this case, may be stated as follows :The land at Survey No. 158 of village Dhanora, Tq. Chopda, Dist. Jalgaon, admeasuring 2 acres and 5 gunthas belonged originally to respondent No. 2- Nawabkhan Jamsherkhan. Under a lease executed, probably, in 1945 (in any event, before 1-4-1957), Daulat Dhana Mali came in possession of that land as a tenant and since then, he cultivated the land till his death. On the operation of the Bombay Tenancy and Agricultural Lands Act, 1948, Daulat Dhana Mali became a deemed purchaser of the tenanted land with effect from 1-4-1957 under section 32 of the Bombay Tenancy and Agricultural Lands Act. In course of ti...
Vishwanath Hari Vaidya Since Decd. Through His Heirs Vs. Bhagabai Shan ...
Court: Mumbai
Decided on: Jul-07-1994
Reported in: 1995(2)BomCR40
V.H. Bhairavia, J.1. This appeal is brought by the appellants-original plaintiffs against the Judgment and Decree passed by the Extra Assistant Judge, Thane in Civil Appeal No. 310 of 1975, confirming the Judgement and Decree passed by the Civil Judge, Junior Division, Kalyan dated 29th June, 1975, by his judgement and order dated 28th October, 1980.2. Short facts of the case are that, the appellants-plaintiffs had filed a suit for possession of the property bearing Survey No. 88, Hissa No. 2, admeasuring 131/4 gunthas, situated within the local limits of Kalyan Municipal Council. It is the case of the plaintiffs that the suit property being agricultural land was given to the defendant No. 1 for cultivation. It is further alleged that without the permission of the plaintiffs, defendant No. 1 parted some portion of the suit property with defendant No. 2. Thus, the defendant No. 2 occupied the suit property as a tresspasser. It is to be noted here that though the suit property was origin...
Shamkant and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-07-1994
Reported in: II(1996)DMC456
Vishnu Sahai, J.1. The appellants Shamkant Vasant Naik and Smt. Krishna- bai Vasant Naik aggrieved by their conviction under Sections 498A read with 34 of the Indian Penal Code and their sentence of 1 year's rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine further imprisonment for a period of 3 months, have come up in appeal before this Court. The aforesaid order of conviction and sentence was passed on 3rd September, 1987 by the Additional Sessions Judge, Pune, in Sessions Case No. 64 of 1987.2. Alongwith the appellant one Rajendra Narayan Lotikar to whom the other sister of appellant Shamkant Vasant Naik was married, was also tried but he was acquitted by the impugned order.3. The prosecution in brief is that the deceased Rohini was the sister of informant Dipak Vishwanath Wagale (PW 2). She was married on 17.3.1985 to appellant No. 1. Appellant No. 2 Smt. Krishnabai Vasant Naik is said to be the mother of appellant No. 1 and the mother-in-law of the decease...
Laxman Lingojirao Mohite Vs. Dattatraia Jagannath Bidie and ors.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC519
G.D. Kamat, J.1. These two appeals can be advantageously disposed of under one judgment as they arise not only out of one Award dated 1st December, 1988, but also in one claim petition bearing No. 75/86.2. These two appeals are instituted first by the driver and second by the owner of a scooter bearing No. GDG-9323. Admittedly, respondent No. 1 in both the appeals is the original claimant. The story in the claim petition is that the claimant after closing down his grocery shop was proceeding from Mardol towards his residential house at Veling at about 9 p.m. and when he reached a culvert being on the right hand side of the road, scooter bearing No. GDG-9323 driven rashly and negligently by the first appellant in First Appeal No. 29/89 dashed against his left leg as a result of which he sustained compound fracture -of tibia and fibula. He was immediately rushed to the Goa Medical College Hospital where close reduction was performed on 24th February, 1986. Thereafter open reduction with ...
National Insurance Co. Ltd. Vs. Rekha Kumari and anr.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC674
A.A. Halbe, J.1. The appellant--National Insurance Company--has challenged the award passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 26 of 1985 6n the point of quantum. The Tribunal has been pleased to award the compensation of Rs. 1,13,000/- with 12% interest thereon plus the costs of Rs. 3,000/ to the injured Rekha Kumari d/o Sukhbir Singh in the accident dated 8.9.1984 which occurred at 3 p.m. on Zuari Nagar Airport Highway Road about 50 mtrs. away from the airport junction. The facts in brief are that Rekha was travelling in an Ambassador car No. GDF-951 along the above road. She was occupying the back seat on the right side. There were other passengers in that car. The offending min bus No. GDZ-2607 came from behind and gave a dash to the Ambassador car, as a result of which the Ambassador car was pushed forward and the rear right door of the care was thrown open and Rekha was thrown out and her right leg got trapped in the wheels of the mini ...
Shakuntala Gajanan Naik and ors. Vs. Tushar V. Rajadhyax Major and ors ...
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC628
G.D. Kamat, J.1. In claim petition No. 147 of 1986 the appellants--claimants claimed compensation in a sum of Rs. 1,50,000/-. The story in the Claim Petition was that the deceased Gajanan Naik, the only earning member of the family, on 22nd April 1986 at a place called Hodar, Curchoram, was returning home at about 11 p.m. At that time, he was knocked down by truck bearing registration number plate GDZ 7273 driven by the first respondent. As a result of this accident, the deceased suffered multiple injuries and succumbed to his death on the spot.2. The respondent No. 1 is the owner-driver of the truck and the defence taken by him was that the truck driven by him never met with any accident on that date at Hodar, Curchoram.3. The evidence was led on behalf of the appellants-claimants in support of their claim but the claim petition did not meet favour with the Tribunal. The Tribunal, by its impugned award dated 31st January, 1989, held that appellants had failed to prove that the decease...
Oriental Insurance Co. Ltd. Vs. Shri Rajendra Daya Bamania and ors.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC635
G.D. Kamat, J.1. This appeal by the Insurance Company challenges the Award dated 27th February, 1990, made in Claim Petition No. 26/89 by the Claims Tribunal, South Goa, Margao. The Claim Petition had been instituted by respondent No. 1 claiming a sum of Rs. 3,10,000/- by way of compensation in respect of the accident that took place on 25th August, 1988, at Dangarwadi, Diu. According to the respondent No. 1 (original claimant) he came from a minor road on a cycle to the main road being the Diu-Vanakbara Road. Passenger bus bearing registration No. CDB-975 driven by respondent No. 3 and owned by respondent No. 2 was proceeding at a high speed from Diu to Vanakbara and due to negligence dashed against him, as a result of which he was thrown down along with the cycle. As a result of the impact apart from multiple minor injuries he suffered a compound fracture of tibia and fibula of the right leg.2. The claim was contested on behalf of thet respondents No. 2 and 3 as also the appellant. O...
Govindram Ramgopal Mundada Vs. Badrinarayan Chunnilal Bhutada
Court: Mumbai
Decided on: Jul-07-1994
Reported in: (1994)96BOMLR733
A.V. Savant, J.1. These two petitions can be disposed off together since they are between the same parties and relate to the same premises. Writ Petition No. 5022 of 1989 has been filed by the tenant, Govindram Mundada, against the judgment and decree dated 11th October, 1989, passed by the District Court, Pune in Civil Appeal No. 1040 of 1986 whereby the respondent-landlord's suit has been partly decreed. Under the said decree, the petitioner tenant has been directed to handover the possession of the residential portion in his premises i.e. to say the first and second floor in his occupation to the respondent landlord, Badrinarayan Bhutada. Since the tenant has been ordered to be evicted from the residential premises he has filed this writ petition challenging that part of the decree.2. Writ Petition No. 1672 of 1990 has been filed by the landlord, Badrinarayan Bhutada against the same judgment and decree dated 11th October, 1989 in Civil Appeal No. 1040 of 1986. The grievance of the ...
Shaikh Adam Vs. Joseph Franco and ors.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC660
G.D. Kamat, J.1. Appellant met with an accident on 31st December 1982 at about 5.30 p.m. while he was driving his rickshaw from Ribandar to Panaji. He instituted a claim petition claiming a large amount of Rs. 1,75,000/- as compensation with a story that he became the victim of the accident as result of pickup bearing No. GDS 1573, driven by the first respondent and owned by the second respondent, dashing against his rickshaw. It was averred in the petition that the pickup was trying to overtake another vehicle which was going ahead of him and that is how the collision took place. As a result of the accident he suffered a fracture of the right femur bone and contused lacerated wounds over the left thigh and leg. He also claimed damages in respect of the rickshaw bearing No. GDT 4589 of which he was the driver and which was owned by his father.2. The claim was contested by the driver, owner of the pickup as also the insurer. The Tribunal clearly rendered a finding that the first respond...
Nazir Babalal Makandar Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: (1995)97BOMLR828
Vijay Bahuguna, J.1. Appellant-Nazir Babalal Makandar has been convicted under Sections 8(c) and 20(b) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Sessions Judge, Sangli and awarded sentence often years rigorous Imprisonment and to pay a fine of Rs. 1,00,000 in default to undergo R. 1. for another six months. The accused is in jail.2. The prosecution story in a nut shell is that Police Inspector Kulkarni was attached to Sangli City Police Station when on 7th January, 1992 he received an information that the accused-Nazir was selling brown sugar on a cycle in the vicinity of Sangli Old Railway Station. On receiving the information P. I. Kulkarni in the company of the informant and two panch witnesses, viz., Manohar Vithoba Shinde and Appasaheb Baburao Saudi left the police station in jeep to Madhavnagar bus stop. They found the accused standing with the bicycle near Srikrishna Hotel and he was apprehended and P. I. Kulkarni disclosed his ident...
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