Mumbai Court July 2008 Judgments
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General Secretary, BEST Workers' Union Vs. General Manager, BEST Under ...
Court: Mumbai
Decided on: Jul-07-2008
Reported in: [2008(119)FLR67]; (2008)IIILLJ825Bom; 2008(6)MhLj73
P.B. Majmudar, J.1. This petition is directed against the judgment and order passed by the Industrial Court, Maharashtra at Mumbai in Appeal (IC) No. 2 of 1996 by which the Industrial Court has allowed the appeal filed by the respondent by setting aside the order of the Labour Court and confirming the order passed by the respondent.2. The petitioner was appointed as a Bus Driver at Worli Depot, Mumbai. He was subjected to charge-sheet under Standing Order 20(j) on the ground that because of his rash and negligent driving, an accident took place on 29th June, 1993 and one pedestrian was killed. The domestic enquiry was conducted on the basis of the said charge-sheet and in the departmental enquiry it was proved that the petitioner was negligent in driving and accordingly he was removed from service. The departmental appeal filed by the petitioner was also dismissed by the appellate authority. The petitioner thereafter sent an approach letter dated 6th July, 1994 but of no avail. The pet...
Jamuna Sagar Co-op. Housing Society Ltd. Vs. Municipal Corporation for ...
Court: Mumbai
Decided on: Jul-07-2008
Reported in: 2008(6)BomCR177
Khandeparkar R.M.S., J.1. Heard.2. By the present petition, the petitioner is seeking to quash the notice dated 31st March, 1993, issued by the respondent-Corporation threatening to disconnect the water supply to 7th to 10th floors of the petitioner's building.3. The petitioner is a Co-operative Housing Society duly registered under the Maharashtra Co-operative Societies Act and they are having the building by name Jamuna Sagar, situated at Shahid Bhagat Singh Road, Colaba, Mumbai, comprising of 11 floors. A notice came to be issued by the respondent-Corporation as to why the 7th to 10th floor should not be demolished. Pursuant to the representation made in response to the said notice on 18th January, 1992 to the respondent-corporation, no further action in relation to the said show cause notice was taken.4. The respondent-Corporation thereafter issued notice dated 4th April, 1987 threatening discontinuation of water supply to 7th to 10th floors of the building of the petitioner-societ...
New India Assurance Co. Ltd. Vs. Lilabai Baban Somase and ors.
Court: Mumbai
Decided on: Jul-07-2008
Reported in: 2008(5)ALLMR582; 2009(1)BomCR307
Karnik D.G., J.1. Heard.2. This appeal is directed against the judgment and order dated 5th September, 1992 passed by the Commissioner for Workmens' Compensation and Judge, Labour Court, Ahmednagar (for short the trial Court) directing the respondent No. 3 owner of the truck and the appellant Insurance Company to pay to the respondent Nos. 1 and 2 compensation for death of a workman and further directing them to pay the penalty, for delay in payment.3. The brief facts of the case are that respondent No. 3 is the owner of a motor vehicle which is a goods truck bearing Registration No. MWA 5079. The truck was insured by respondent No. 3 with the appellant. The truck met with an accident on 30th August, 1988 and Mr. Baban Somase, an employee of the respondent died in the accident.4. The respondent Nos. 1 and 2 who are the widow and the daughter of Baban filed a claim for compensation before the Commissioner under the Workmens' Compensation Act and the First Labour Court, Ahmednagar. Accor...
Mohammed Inamul Haq S/O. Abdul Quddas Vs. Mohammad Idris Qureshi S/O. ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: 2008(5)ALLMR587; 2008(6)BomCR449; (2008)110BOMLR2406; 2008(6)MhLj38
A.P. Bhangale, J.1. By this appeal the appellant has challenged judgment and order dated 15th July, 1993 passed by Additional District Judge, Akola in Regular Civil Appeal No. 34/1990, whereby the appeal was allowed, setting aside judgment and decree passed in Regular Civil Suit No. 67/1986, decided on 20th October, 1989, in the result the suit by the plaintiff for specific performance of the contract was dismissed refunding earnest money to the plaintiff from original defendant No. 1. This appeal was admitted on following substantial question of law formulated as question No. 9 in the memo of appeal.Could a purchaser seek specific performance of agreement in respect of proportionate share in the property, if the agreement is admitted 2. This second appeal was, thus, admitted for hearing by order dated 15.11.1995. 3. Original plaintiffs Mohd. Inabul Haq (appellant herein) had filed Regular Civil Suit No. 67/1986 for specific performance of agreement to sell as Sthawarachi Isar Chitthi....
Prakash Pralhad Patil Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-04-2008
Reported in: (2008)110BOMLR2183
B.H. Marlapalle and R.Y. Ganoo, JJ.1. Heard Mr. Tulpule with Mr. Mankapure the learned Counsel for the petitioner. 2. Rule. Respondents waive service. The petition has been finally heard.3. The petitioner has challenged the order dated 12/10/2007 issued by the Government of Maharashtra through the Department of Law and Judiciary in exercise of its powers under Section 24(8) of the Code of Criminal Procedure, 1973 and by the said order the respondent No. 7 has been appointed as 'Special Public Prosecutor' for conducting Sessions Case No. 41 of 2006 pending before the Sessions Court at Islampur in Sangli District. By a subsequent order dated 18/12/2007 issued through the Department of Home, the State Government has fixed the professional fees and directed to be paid from the Government funds as under:(a) Per day appearance : Rs. 15,000/-(b) Consultation (for every day) : Rs. 3,000/-(subject to maximum ofRs. 15,000/-).(c) Lodging and Boarding, per : Rs. 3,500/-day.4. The appointment has b...
Banderao S/O. Nagorao Kulkarni and Chandrakant S/O. Nagorao Kulkarni V ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: 2008(5)ALLMR16; 2008(6)BomCR412; (2008)110BOMLR2990; 2008(6)MhLj724
P.R. Borkar, J.1. This Second Appeal is directed against the judgment and decree passed by the learned District Judge, Jalna in Regular Civil Appeal No. 96 of 1992 decided on 10.08.1999 whereby he confirmed the decree passed by the 4th Joint Civil Judge, Junior Division, Jalna in Regular Civil Suit No. 607 of 1988 decided on 31.12.1991.2. The brief facts giving rise to this appeal may be stated as below:Block No. 235 of village Wakulni, Tal. Badnapur, Dist. Jalna was previously owned by present respondent No. 1 who is original plaintiff. Respondent No. 2 - Kailash, who was original defendant No. 3 was owner of Matador No. MTB-3951. On 20.04.1987 respondent No. 1 executed a sale-deed in respect of said land block No. 235 in favour of appellant No. 1. The sale-deed is at Exh.25. It is for Rs. 17,000/-.3. It is case of respondent No. 1/plaintiff as made out in the plaint that he had entered into contract of purchase of the Matador belonging to respondent No. 2 with the appellants. Said Ma...
Ravindra Vithal Prabhu and Smt. Laxmibai Ramchandra Pai Vs. Umesh Mart ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: 2008(5)BomCR636; (2008)110BOMLR2401; 2008(6)MhLj299
V.M. Kanade, J.1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents.2. The appellants are challenging the judgment and order passed by the District Judge, Kolhapur who, by his judgment and order dated 15/3/2008 was pleased to allow the application filed by the Kolhapur Janta Sahakari Bank Ltd. below Exhibit 78 for rejecting the application filed by the appellants below Exhibit70 and dismiss the application filed by the appellants herein below Exhibit70 for temporary injunction restraining the Bank from taking any steps in pursuance of its notice dated 18/03/2005.3. Brief facts in a nutshell are as under:4. The appellants and respondent Nos.1 to 3 were partners in the partnership firm in the name and style of M/s Ayodhya Hotel. They were also carrying on business of giving on rent multipurpose hall in the name of Akshata Mangal Karyalaya and a hotel in the name of Yatri Niwas by virtue of partnership deed dated 27/3/1989. There was a dispute betwee...
Anthony Rosario Rebello S/O Bernard Rebello Vs. State of Goa Through P ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: (2008)110BOMLR2328
R.C. Chavan, J.1. This appeal is directed against the appellant's conviction by the learned Sessions Judge, South Goa, Margao in Sessions Case No. 25/2000 for the offence punishable under Sections 302, 392, 201 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 10,000/-, in default rigorous imprisonment for 3 years; rigorous imprisonment for 5 years and fine of Rs. 5000/-, in default, rigorous imprisonment for 2 years and rigorous imprisonment for 3 years and fine of Rs. 3000/-, in default rigorous imprisonment for 1 years imposed upon the appellant on three counts. 2. The facts which which led to the prosecution and conviction of the appellant are as under: The appellant is the husband of sister of sister-in-law of one Maria Rodrigues. The victims are Maria Rodrigues' mother and daughter. The appellant, alongwith his wife Mrs. Brenda, who was tried as accused No. 2 before the Court of Sessions, came to reside with one of the victims, Smt. Ernestina Fernande...
Mohammad KhairuddIn S/O Mohd. HabibuddIn Vs. MoinuddIn S/O Pachulal Sh ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: 2008(5)ALLMR21; (2008)110BOMLR2532
P.R. Borkar, J.1. These two petitions present almost identical questions of fact and law and, therefore, can be conveniently disposed of with the common judgment. In both these petitions the orders passed by the Additional Commissioner, Aurangabad Division, Aurangabad in Case No. 1993/WTN/A/6 and Case No. 1993/WTN/A/7, decided on 14.9.1994, which thereby confirmed the orders passed by the Deputy Collector (L.R.) Latur in Case No. 92/TNC/CR/66 and Case No. 92/TNC/CR-67, decided by common judgment on 30.11.1992 are under challenge. Both authorities allowed the applications made by present respondent Nos. 1 to 3 in both matters for abolition of service inam in respect of lands Survey No. 112 (corresponding Block No. 265) and Survey No. 113 (corresponding Block No. 264) of village Takli Bardapur, Taluka Latur and declaring respondent Nos. 1 to 3 as occupants of said lands under the provisions of the Hyderabad Abolition of Inams and Cash Grants Act, 1954.2. Thus the challenge is to the orde...
Satish @ Satyajeet Pandurang Patil and Pandurang Jotiba Patil Vs. the ...
Court: Mumbai
Decided on: Jul-04-2008
Reported in: 2008CriLJ3813
F.I. Rebello, J. 1. The Appellants, father and son are in Appeal against the judgment and order dated 31st December, 2005 in Sessions Case No. 3 of 2005. The charge as framed against both the Appellants was that on 1st November, 2004 they committed murder of Ranjana, wife of Appellant No. 1 and daughter in law of Appellant No. 2 in furtherance of their common intention. A charge was also framed for the offence under Section 498A of the Indian Penal Code, both read with Section 34 of the I.P.C. They have been convicted for the offence punishable under Section 498A of the Indian Panel Code read with Section 34 of the I.P.C. and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- each. In default of payment of fine the concerned accused are to undergo rigorous imprisonment for three months. Both the accused have also been convicted of the offence punishable under Section 302 of the I.P.C. read with Section 34 of the I.P.C. and sentenced t...
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