Mumbai Court October 2010 Judgments
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Dhanraj S/O Ramdas Patil, Age 53 Years, and ors. Vs. State of Maharash ...
Court: Mumbai Aurangabad
Decided on: Oct-14-2010
1 By the present petition, filed by the petitioners under Article 226 of the Constitution of India, the petitioners prayed as follows :" [C] By appropriate writ, direction or orders in the nature of writ, the respondents be directed to maintain ratio of only 24% in respect of post Head and Assistant Head Master with respondent no.4 Shivaji Vidya Prasarak Sanstha.[D] By appropriate writ, direction or orders in the nature of writ, the respondent no.4 Shivaji Vidya Prasarak Sanstha be directed to get the caste claims verified from the respective caste scrutiny committee of the teachers who have obtained benefits on the basis of reservation. "2 Respondent no.1 is the State of Maharashtra through the Secretary, Education Department and respondent no.2 is the Director of Education, Maharashtra State; whereas respondent no.3 is the Education Officer (Secondary), Zilla Parishad, Dhule and respondent no.4 is Shri Shivaji Vidya Prasarak Sanstha, a registered public trust through its Chairman and...
Dhanraj S/O Ramdas Patil, Age 53 Years, and ors. Vs. State of Maharash ...
Court: Mumbai Aurangabad
Decided on: Oct-14-2010
1 By the present petition, filed by the petitioners under Article 226 of the Constitution of India, the petitioners prayed as follows :" [C] By appropriate writ, direction or orders in the nature of writ, the respondents be directed to maintain ratio of only 24% in respect of post Head and Assistant Head Master with respondent no.4 Shivaji Vidya Prasarak Sanstha.[D] By appropriate writ, direction or orders in the nature of writ, the respondent no.4 Shivaji Vidya Prasarak Sanstha be directed to get the caste claims verified from the respective caste scrutiny committee of the teachers who have obtained benefits on the basis of reservation. "2 Respondent no.1 is the State of Maharashtra through the Secretary, Education Department and respondent no.2 is the Director of Education, Maharashtra State; whereas respondent no.3 is the Education Officer (Secondary), Zilla Parishad, Dhule and respondent no.4 is Shri Shivaji Vidya Prasarak Sanstha, a registered public trust through its Chairman and...
Shri Bhimrao Pundalik Bhalerao, Age 47 Years, Vs. the United Western B ...
Court: Mumbai Aurangabad
Decided on: Oct-13-2010
1. Rule, Rule made returnable forthwith. Heard finally with the consent of parties.2. The Civil Revision application takes exception to the order dated 3rd December, 2001 by Civil Judge Senior Division, Amalner, in Misc. Application No. 3 of 1999.3. The Civil Revision applicant herein fled Misc. Application No. 3 of 1999 before Civil Judge Senior Division, Amalner, under Order 9Rule 13 of the Civil Procedure Code. The respondent herein filed Civil Suit NO. 2 of 1997 against the applicant for recovery of Rs. 30,983/- (Rs. Thirty thousand nine hundred eight three). The applicant herein appeared in the suit but could not file Written Statement. When the case was fixed for final hearing, applicant's Counsel was absent, as he has to appear before the Court of Civil Judge Junior Division, Chopada. It is further case of the applicant that the letter issued by his Advocate, could not received by him in due course, because the applicant was performing his duty at some other village. As a result...
The State of MaharashtrA. Vs. Sampat Babso Kale, and anr.
Court: Mumbai
Decided on: Oct-13-2010
1. This appeal is preferred by the State of Maharashtra challenging the judgment and order dated 20 March, 1991 passed by the learned Sessions Judge, Pune in Sessions Case No.33 of 1990. By that judgment, learned Sessions Judge, Pune acquitted the respondents accused of the Charge under Sections 302 and 409A Indian Penal Code, 1860 (for short `IPC') individually and also under Sections 302 and 498A read with Section 34 IPC. Respondents no.1 and 2 shall hereinafter be referred as accused no.1 and 2, respectively. The facts and circumstances, giving rise to the filing of this appeal preferred by the State, are as under. 2] The accused were prosecuted on the allegations that they subjected deceased Sharada to cruelty and on or about 9 July, 1989 at about 1:30 am. in Room No.6 situate at M.I.D.C. Colony, Chinchwad, they intentionally poured kerosene on her body and set her on fire. Deceased Sharada was daughter of PW 4 Sarjerao Bajirao Dhaigude who is resident of Nira. Marriage between the...
Anjuman Taraqqui Etaleem, and ors. Vs. the State of Maharashtra, Throu ...
Court: Mumbai Aurangabad
Decided on: Oct-13-2010
1 Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing at the admission stage.2 By the present petition, filed by the petitioners under Article 226 of the Constitution of India, the petitioner by prayer clauses 'B' and 'C' prayed as follows :"(B) To quash and set aside the impugned letter dated 24.4.2009 passed by Respondent no.2 by issuing any appropriate writ, order or direction as the case may be.(C) The Respondent no.2 be directed to grant the approval to the appointment of Shri Shaikh Chiragodiin Kamruddin from the date of appointment dated 21.6.2007 by issuing any appropriate writ, order or direction as the case may be. "FACTUAL MATRIX :3 Petitioner no.1 is the Educational Institution receiving 100% grants and petitioner no.2 is the School run by petitioner no.1; whereas respondent no.1 is the State of Maharashtra, represented through its Secretary, Education Department, Mantralaya, Mumbai and re...
Pandurang Sakharam Patil, Age 33 Years, Vs. Nanded Parsi Anjuman Trust ...
Court: Mumbai Aurangabad
Decided on: Oct-13-2010
1. Heard Learned Senior Counsel appearing for the Revision Applicant and learned Counsel appearing for the respondent.2. This Civil Revision Application is filed, challenging the Judgment and Order dated 3rd December, 2001, passed by the 2nd Additional District Judge, Nanded, in Misc. Civil Appeal No. 58 of 2001, arising out of order dated 16th April, 2001 passed by the learned Jt. Civil Judge, Senior Division, Nanded in Regular Civil Suit No. 209 of 2001. The revision applicant is original defendant and respondent herein is original plaintiff in Regular Civil Suit No. 209 of 2001, for the sake of brevity the applicant herein will be referred as Defendant and respondent herein refer as plaintiff.3. The plaintiffs i.e. present respondent herein, filed a suit for perpetual perpetual injunction restraining the defendant from interfering and obstructing the peaceful possession of the plaintiff over the second floor of shopping complex on the property bearing C.T.S. No. 3312 situated at Vaz...
Shri Deorao Bhuraji Wasule, Aged About 62 Years, and ors. Vs, Smt. Rag ...
Court: Mumbai Nagpur
Decided on: Oct-12-2010
1. By this petition filed under Article 226 of Constitution of India, the petitioners challenge the order dated 25.08.1983 passed in Change Report Inquiry No. 612 of 1983 in the matter of a Public Trust. By said orders, the Deputy Charity Commissioner, Nagpur Region, Nagpur, working under Respondent No. 4 herein has held that property shown as property of Public Trust by name Gupta Dharamshala deserved to be deleted from the Register of Public Trust maintained by the office of Respondent No. 4 and has further observed that as there is no property of Trust, the Trust comes to an end. The entries of the Trust made in the Public Trust register were also directed to be deleted. This order was challenged initially before the Division Bench and the petition was entertained as Public Interest Litigation. On 28.12.2004, this Court granted interim relief and restrained present Respondents No. 1 & 2 from carrying on any construction activities on the site of Gupta Dharamshala. This interim order...
Twentieth Century for Film Corporation. Vs. the State of Maharashtra a ...
Court: Mumbai
Decided on: Oct-12-2010
1. Heard.2. The learned Advocate for the applicant states that affidavit of service has been filed and notices of this application have been served on all the respondents concerned by registered post as well as under postal certificate but none appeared for respondent Nos.2 to 4.3. The applicant by this application under Section 482 of Cr.P.C. questions the order dated 16.7.2008 which was passed below application (Exhibit70) passed by the learned Metropolitan Magistrate, 13th Court, Dadar as also the order dated 20.3.2009 passed by the learned Adhoc Additional Sessions Judge, C.R. No.1, Sewree, Mumbai in Criminal Revision Application No.405 of 2008.4. It appears that while Case No.407/SS/2004 arising from complaint made under Section 138 of the Negotiable Instruments Act was partheard, in the course of crossexamination of the defence witness the complainant had succeeded to bring on record an admission that the Managing Director at the relevant time was respondent No.4 Shri Dilip Nevat...
The State of Maharashtra, Through Its Dy. Secretary, Department of Agr ...
Court: Mumbai
Decided on: Oct-12-2010
01. Rule. Rule made returnable forth with, and with the consent of learned Counsel for the parties, petition is taken up for final hearing at the admission stage itself.02. By the present petition filed under Articles 226 and 227 of the Constitution of India, the Petitioners-original respondents challenge the legality and validity of the impugned judgment and order dated 8.9.2009 passed by the learned Members, Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad ("MAT" for brevity), in Original Application No.383 of 2008.Factual Matrix04. Petitioner No.5 herein published an advertisement in local newspaper, inviting applications for appointments to the posts of Nursery Assistant. In all, there were four posts, out of which one each was reserved for candidates belonging to the Scheduled Tribe and Scheduled Caste categories, and remaining two posts were for open category candidates. Written test was conducted on 12.1.2008 and result thereof was declared on 15.1.2008. Thereaft...
Ramesh S/O Bhagwantrao Appellant Sonawane, Aged 47 Years, Vs, the Stat ...
Court: Mumbai Aurangabad
Decided on: Oct-12-2010
1. This appeal is challenging the Judgment and order passed by the learned Special Judge, Anti Corruption Bureau, Aurangabad, dated 25th July, 2007, in Special Case No. 07 of 2002, in which the appellant was the accused. The appellant was charged for the offences punishable under Sections 7, 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (hence be referred to as 'the Act').2. The appellant, at the relevant time, was working as Assistant Sub-Inspector at the Police Chowki of Government Medical College Hospital, Aurangabad, under City Chowk Police Station, Aurangabad. The facts leading to the litigation, are as under :3. Prior to 3rd December, 2001, an accident took place, in which the complainant's brothers sustained injuries. They were treated at the Government Medical College Hospital, Aurangabad. After they were discharged, they and their family members thought of lodging a criminal case against the owner of the property where the accident had taken place. They...
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