Mumbai Court September 2008 Judgments
Dinesh S/O Bhawarlal Sarda Vs. State of Maharashtra Through Ministry f ...
Court: Mumbai
Decided on: Sep-26-2008
Reported in: (2008)110BOMLR3188; 2009CriLJ1007
A.P. Bhangale, J.1. Rule. Rule, made returnable forthwith and taken up for final hearing by consent of respective parties.2. By means of this petition, the petitioner is seeking to quash the investigation, charge-sheet and proceedings in SCC No. 17366/2006 pending on the file of learned Chief Judicial Magistrate, Nagpur.3. Brief facts of the case filtering out unnecessary details, are as follows:On 22.10.2005, the Assistant Police Inspector Shri M.R. Thakre, along with his staff was patrolling in the area of Hingna Police Station, District: Nagpur. While patrolling in the area, they received information that at Sarda Petrol Pump, Khapri, a Tanker bearing Registration number MH-31 AP 0086 containing Naphtha liquid, is being adulterated with petrol. Upon receiving such information, with the help of local police and Panchas, Sarda Petrol Pump, came to be raided by the Police. They found that Tanker No. MH 31 AP 0086 was parked near underground tank and with the aid of people, Naphtha was ...
Tag this Judgment!Jaiwant Bapurao Khadse Vs. Secretary and ors.
Court: Mumbai
Decided on: Sep-26-2008
Reported in: 2009(3)BomCR433
Dharmadhikari B.P., J.1. By this writ petition filed under Articles 226 and 227 of Constitution of India, the petitioner, a Clerk-cum-Typist, then serving in the College of Engineering and Technology at Akola, has challenged the order of College Tribunal, dated 15.6.1995, whereby his appeal challenging the punishment of dismissal inflicted upon him on 17.6.1993 and filed under Section 45 of Amravati Universities Act, 1983, came to be dismissed. There was an earlier appeal before the very same Tribunal and said appeal was partly allowed on 8.10.1992 by the College Tribunal. The Tribunal directed the respondents to reinstate the petitioner and to proceed further with Departmental Enquiry. The Incharge Principal then issued a charge-sheet dated 19.11.1992 and levelled following charge upon the employee.Article 1.That Shri J.B. Khadse, while functioning as Clerk-cum-Typist of the college on 26th June 1990, misconducted and misbehaved by supplying the copies of solutions to some of the ques...
Tag this Judgment!Rafael Palafox Garcia Vs. the Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Sep-25-2008
Reported in: (2008)110BOMLR3392; 2009CriLJ446
ORDERV.K. Tahilramani, J.1. Heard the learned Counsel for the Applicant and the learned Counsel for the respondent - NCB.2. The applicant is seeking bail in NDPS Special Case No. 6 of 2008 of NCB pending before the Special Judge for NDPS cases, Thane. The said case is under Section 29 r/w. 9A and 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985.3. The prosecution case briefly stated is that specific information was received that one Shahnawaz Khan with the help of two persons including the applicant are manufacturing pseudo-ephedrine which is a controlled substance at Siddiqui Farm House in Thane. When the officers reached the said place, they found the present applicant along with others present there and 290 kgs. of pseudo-ephedrine which is a controlled substance came to be seized from the said place. Prior to seizure, tests were conducted by field test kit by taking small quantity from each packet. The said tests answered positive for presence of pseudo-ephedrine. Th...
Tag this Judgment!Basavaraj @ Basavannappa Parmeshwar Bangargir Vs. the State of Maharas ...
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2009CriLJ2088
D.Y. Chandrachud, J.1. The Appellants have been convicted of offences under Section 302 read with Section 34 of the Penal Code. Both have been sentenced to suffer rigorous imprisonment for life; each to a fine of Rs. 500/-and, in default, to suffer simple imprisonment for one month.2. Parmeshwar, the deceased, resided at Wagdari in the Taluka of Akkalkot, in the District of Solapur. The deceased owned certain agricultural land. Basavaraj, and the complainant, Ratanchand (P.W. 2), were sons of the deceased. The deceased had another son by the name of Shrimant. Basavaraj who was arraigned as accused No. 1 was according to the prosecution addicted to liquor and gambling. A vehicle obtained on loan installments was looked after by Basavaraj. According to the prosecution, he was unable to repay the installments due to his unseemly habits upon which the finance company repossessed the vehicle. There were, according to the prosecution, quarrels between Basavaraj and his father, since the dece...
Tag this Judgment!Amrita Ravinda Nagmoti Vs. Directorate of Medical Education and Resear ...
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2009(1)BomCR159
Swatanter Kumar, C.J.1. The Petitioner claims that she belongs to Ladshakhiya Wani caste. She completed her school education from Malegaon and thereafter passed 11th and 12th standards from the College at Pune. She had taken Science stream in her college. After passing the HSC examination, she appeared for MHT-CET-2008 held by the Directorate of Medical Education & Research, Mumbai for admission to the First Year Health Science course for the year 2008-09. Her rank in the merit list was 1231. She was granted admission at Government Dental College and Hospital at Aurangabad in the Centralized Admission Process. In terms of Rule 2.2.3 of the relevant brochure, according to her, she was entitled to seek preference for a better seat and was entitled to be considered for betterment in subsequent rounds. The State of Maharshtra vide Government Resolution dated 25th June 2008 declared and included caste Ladshakhiya Wani and others in the Other Backward Classes at Entry No. 343. The Petitioner...
Tag this Judgment!Nicholas Piramal India Limited and ors. Vs. Nicholas Employees Union
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2008(5)ALLMR62; 2009(2)BomCR385; [2008(119)FLR918]; (2009)ILLJ649Bom
Swatanter Kumar, C.J.1. The Appellant is a Limited Company engaged in the business of manufacturing and marketing of pharmaceutical products. In the year 1988, Nicholas Laboratories India Limited was taken over by the Piramal Group. They are having manufacturing plants at Thane, Mahad in Maharashtrashtra, Pithampur in Madya Pradesh, Baddi in Himachal Pradesh, Digwal in Andhra Pradesh and Ennore in Tamil Nadu. The Appellant Company acquired the Plant at Mulund on 7th February, 2000 and wanted to expand its business in the field of manufacturing. The Company wanted to start manufacturing of Haemaccel which is a large volume parental product and a life saving drug and therefore, transferred certain workmen from its erstwhile Deonar establishment which had become an unviable unit on a stand-alone basis. The order of transfer was challenged by the workmen by filing a complaint under the Maharashtra Recognition of trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Le...
Tag this Judgment!Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2009ACJ585; 2008(6)MhLj941
Swatanter Kumar, C.J.Relevant Facts:1. Mohd. Riyazur Rehman Siddiqui met with an accident on 30th September 1986 on Bidar-Udgir road while he was driving a motor-cycle No. MZV-6233. According to him, while he was driving the vehicle at a very moderate speed, the driver of jeep bearing No. MZV-6437 who was driving the vehicle rashly and negligently gave a dash to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the Police Station, Udgir. The Appellant resultantly of the accident sustained permanent disability to the extent of 48%. He filed a Petition under Section 166 of the Motor Vehicles Act, 1988 being Case No. 26, of 1987 before the Motor Accident Claims Tribunal, Latur, which was contested and decided finally by the Tribunal vide its judgment and award dated 5th May 1989 awarding compensation of Rs. 51,000/- only with interest at the rate of 10% per annum from the date of the claim petition. T...
Tag this Judgment!Ambadas Khanderao Hagvane and ors. Vs. Shaikh Razaq Shaikh Yakub and o ...
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2009(1)BomCR194
Bhatia J.H., J.1. This appeal is filed by the original defendants challenging the decree passed by the Joint Civil Judge, Junior Division, Nasik in Regular Civil Suit No. 174 of 1984 in favour of the plaintiff/respondents and confirmed by the learned 6th Additional District Judge, Nasik while dismissing Regular Civil Appeal No. 31 of 1986 filed by the defendants.2. Admitted facts are that original defendant No. 5 Khanderao was owner of the land Survey No. 24/12 admeasuring 30 Gunthas situated at Mauje Vihitgaon, Taluka Nashik which is now part of Municipal Corporation, Nashik. Defendant No. 5 Khanderao had got the land mutated in the nature (sic name) of his four sons, who are defendant Nos. 1 to 4. The plaintiffs, who are brothers inter se, filed suit for specific performance of contract against the defendants. According to them the defendants had agreed to sell the suit land to them for consideration of Rs. 15,000/- and amount of Rs. 6,000/- was paid as earnest money and balance amou...
Tag this Judgment!Chairman, Shri Maharani Radhabai Vidyarthi Vasathigraha and anr. Vs. M ...
Court: Mumbai
Decided on: Sep-25-2008
Reported in: 2009(2)BomCR291
Mhatre Nishita, J.1. The petition challenges the order of the School Tribunal dated 31.3.1999 in Appeal No. 33 of 1997. By this order, the School Tribunal allowed the appeal and directed the petitioner to reinstate respondent No. 1 in service in the same position as he was when his services were terminated. Uackwages have been ordered to be paid together with consequential benefits from November 1995 till reinstatement in service. The Education Officer has been directed to deduct the salary and other benefits payable to the appellant i.e. respondent No. 1 herein from the grants of the petitioner in the event the backwages were not paid within 40 days of the receipt of the judgment.2. The facts giving rise to the present pe-tition are as follows:Petitioner No. 1 is an institution which runs the school known as Girls High School Radhanagari of which the petitioner No. 2 is the Headmistress. The school was established in 1987 with one division for each class from the 5th standard to 10th ...
Tag this Judgment!G.H.R. Education Foundation Society through Its Secretary and G.H.R. E ...
Court: Mumbai
Decided on: Sep-24-2008
Reported in: 2009(1)BomCR837
F.I. Rebello, J.1. Rule. Heard forthwith.2. The petitioner No.1 is a society, registered under the Societies Registration Act. It has been recognized as a minority institution. No Objection Certificate issued by the Competent Authority dated 9th July, 2007 is annexed to the petition. Petitioner No.2 is an educational institution run by petitioner No. 1-society. The Executive Body of petitioner No. 1 is the body of petitioner No. 2. The primary object of petitioner No. 1 is to impart education within the State of Maharashtra and presently it is conducting various courses and running various colleges at Nagpur, Jalgaon and Ahmednagar in the State of Maharashtra.3. The petitioners applied to All India Council for Technical Education (A.I.C.T.E.) to run postgraduate courses in Business Administration, i.e. M.B.A. and Mechanical Engineering along with other courses, which are being conducted by the petitioners in their existing college. A.I.C.T.E. is constituted in pursuance of All India Co...
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