Mumbai Court January 2011 Judgments
Kolhapur District Central Cooperative Bank Ltd. Vs. State of Maharasht ...
Court: Mumbai
Decided on: Jan-31-2011
1. Writ Petition No.7447 of 2010 is preferred by the Kolhapur District Central Co-operative Bank Limited (for short "Bank), a federal Society under the provisions of of the Maharashtra Co-operative Societies Act, 1960 praying for directions against the Respondent Nos.1 to 4, (Respondent No.1-the State of Maharashtra, Respondent No.2-the Commissioner of Sugar and Special Registrar, Co-operative societies, Respondent No.3-Collector of Kolhapur and Respondent No.4-Tahasildar of Chandgad) to withdraw the attachment/sealing of the sugar stock in the Godown Nos.3 and 6 of the Respondent No.5-Daulat Shetkari Sahakari Sakhar Karkhana Limited (for short the 'sugar factory') pledged to the Bank. The Bank has further prayed for issuance of the direction against the Respondent Nos.1 to 4 to deliver the possession of the sugar stock to the Bank which is stored in the Godown Nos. 3 and 6 of the sugar factory and which is lawfully pledged to the Bank.2. Writ Petition No.8896 of 2010 is preferred by t...
Tag this Judgment!Mrs.Havovi Kersi Sethna Vs. Mr.Kersi Gustad Sethna
Court: Mumbai
Decided on: Jan-28-2011
1.Parties are wife and husband. The Petition for divorce between the parties and other ancillary reliefs is pending trial. The wife, who is the Petitioner, is under cross-examination. The husband relies upon certain handwritten diaries of the wife as well as Compact Disk (CD) on which conversation between the wife and the husband has been recorded by the husband on certain dates. The husband has produced the transcript of the said conversation. The husband has applied for verification of the handwriting of his wife in the diaries and the voice of the wife in the taped conversation on the CDs. The wife admits the handwriting in her diaries. That can be produced in evidence. Hence the husband does not press the relief in that behalf. Aside from the diary, there is one line written by the wife on a certain menu of her catering service which is also admitted by the wife.2.The parties are at dispute with regard to the taped conversation on the CDs. The husband has not yet filed his affidavi...
Tag this Judgment!Kedabai Shantaram Jadhav Vs. Kiran S/O. Gulabrao Pati and ors.
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1. Heard finally Senior Adv. Shri Dixit with Adv. Shri Bachate, for petitioners & Senior Adv. Shri Shah with Adv. Shri Amol Sawant, for respective respondent 1. Learned AGP present in court has appeared for Respondent 2 Collector. Looking to the nature of the controversy, matters are heard finally with consent by making Rule returnable forthwith.2. Challenge in all these writ petitions under Art. 226 & 227 of the Constitution of India is to identical notices dated 3/1/2011 issued by respondent no. 2 Collector calling upon the respective petitioner to file additional written statement in defence if any, and to state whether they desire to be heard on additional points. The notices communicate to them the charge, statement of imputations, list of documents & list of witnesses in support thereof as per requirement of Rule 7(6) of the Maharashtra Local Authority Members' Disqualification Rules, 1987 & Section 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986, referre...
Tag this Judgment!Govind Rangrao Birajdar and anr. Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1 This appeal is filed challenging the judgment and order of conviction dated 5.7.1999, in Sessions Case No. 39 of 1998 passed by the learned Additonal Sessions Judge, Nilanga thereby convicting the appellants for the offences punishable under Section 324 r.w. 34 of I.P.C. and sentencing them to suffer R.I. for one year each with fine of Rs.1000/- each i/d to suffer R.I. for one months. 2 The prosecution case, in brief, is as under;- The incident in question took place on 18.2.1997 at about 6.30 p.m. at village Dongargaon, Tq. Nilanga, District Latur i.e. at the village of victim as well as accused. The appellant No.1 Govind assaulted victim Maruti s/o Gopala by means of handle of pick axe, thereby sustaining fracture to the bone of his left hand of upper arm and rest of the accused persons delivered abuses to him and also subjected him to beating by means of fists and kicks. The beating was intervened by witnesses namely Prakash Patil, Shripati Shingnale and Govind Salunke.2 The victi...
Tag this Judgment!Pandurang S/O Tukaram Shinde Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-28-2011
1. The appellant herein was tried by the Special Judge, Beed for an offence punishable under Section 325 of I.P.C. in Sessions Case No. 53 of 1998 and by his judgment and order dated 25th June, 1999 convicted the appellant for the said offence and sentenced him to undergo R.I. for three months and to pay a fine of Rs.500/-, in default, to undergo R.I. for 15 days. Being aggrieved by the conviction and sentence awarded by the trial Court, the appellant has challenged the same in this appeal.2. The prosecution case, in brief, is as follows:As stated by P.W.1 Murlisdhar Zhade, the alleged incident took place on 7.9.1998 at about 1.30p.m. approximately in the forest at village Karchundi. It is the case of the prosecution that Murlidhar Ksishan Zhade is serving in the forest department and as a part of his duty, he is expected to supervise the forest and to see that nobody should take their cattle in forest for grazing purposes. On 7th September, 1998 as a routine, as a part of duty, he had...
Tag this Judgment!Solutions Advertising Vs. Thane Municipal Corporation and Others
Court: Mumbai
Decided on: Jan-28-2011
ORAL :1. The Petitioner seeks the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act 1996. Under an agreement entered into between the Petitioner with the First Respondent on 19 September 2008, the Petitioner agreed to construct 298 bus shelters and to maintain 172 bus shelters and to supply 9 transport buses to the Transport Undertaking of the Thane Municipal Corporation. As consideration for the services to be performed, the Petitioner was permitted to display advertisements for a stipulated period. The contract was terminated on 25 October 2010. The Petitioner thereupon moved an application under Section 9 of the Arbitration and Conciliation Act of 1996 before the Principal District Judge, Thane. By an interim order dated 21 December 2010, the learned trial judge restrained the Undertaking from preventing the Petitioner from putting advertisements on 470 bus stops pursuant to the agreement until the disputes / claims were taken before the arbitr...
Tag this Judgment!Lokhandwala Infrastructure Pvt Ltd. and anr.Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Jan-28-2011
ORAL :1. The subject matter of these proceedings is a Slum Rehabilitation Scheme under DCR 33(10) of the Development Control Regulations for Greater Mumbai. The Petitioners who are developers seek to impugn an order dated 6 December 2010 passed by the Chief Executive Officer of the Slum Rehabilitation Authority by which he has issued directions to process a letter of intent in favour of the Sixth Respondent on the ground that 70% of the members of the co operative society "eligible and present" have supported the Sixth respondent at a meeting of the general body. The Petitioners also seek the issuance of an appropriate writ directing the Slum Rehabilitation Authority to process a proposal for redevelopment submitted by them and to consider the issuance of a letter of intent. Until that is done, the Petitioners have sought an injunction restraining the authority from considering any other proposal or application for the change of a developer.2. The Fourth and Fifth Respondents are coope...
Tag this Judgment!Shivaji S/O Guja Pawar Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jan-25-2011
1 This appeal is filed challenging the judgment and order dated 30.10.1999 passed by the learned Additional Sessions Judge, Parbhani in Sessions Trial No. 137 of 1994 thereby convicting the appellant for the offence punishable under Section 325 of I.P.C. and sentenced him to suffer R.I. for three years and to pay fine of Rs. 1000/- i.d to suffer R.I. for six months.2 The prosecution case, in brief, is as under;- The appellant-accused as well as deceased Mukinda are residents of Keli Tanda, Taluka Jintoor. Father of appellant is the maternal uncle of deceased Mukinda. On 24.7.1994 Guja, father of appellant requested a 'Naik' of the village to organize a meeting of panchas for the separation of the family members. All sons of Guja had already separated and were residing in the respective rooms of the said house, whereas said Guja was residing alongwith his wife. In the said meeting, Guja had decided even to be separated from is wife. When the meeting was concluded, the sons of Guja, who ...
Tag this Judgment!Nimbadas S/O Devidas Jagtap and ors. Vs. Ramkrushna S/O Sampat Narkhed ...
Court: Mumbai Aurangabad
Decided on: Jan-25-2011
1. By this petition, the petitioners challenge order dated 29th October, 2005 rendered by the Divisional Commissioner, Nasik in Tenancy Revision Application No. 32/2003 as well as order dated 30th January, 2003 rendered by the Sub Divisional Officer, Jalgaon in Tenancy Appeal No. 2/2003. The Divisional Commissioner confirmed the order of the Sub Divisional Officer whereby the Tenancy Appeal was allowed and the application of the respondent No. 1 for restoration of the half portion of the land in question was allowed.2. The few facts giving rise to the tenancy litigation and the present petition may be stated in the following way : Original Survey No. 446/2 (now Gat No. 1475), admeasuring 00 Hectors 9.1/2 Ares, situated at village Asoda, Taluka and District Jalgaon, is the land in question. Originally, the said land was held by one Subba Girdhar Jagtap. He was the predecessor-in-title of the petitioners. He had leased out the said land to Sampat Ramu Narkhede, father of the respondent N...
Tag this Judgment!Sudhakar S/O Awdhoot Vardhe and ors. Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jan-25-2011
1. Criminal Appeal Nos.164/2003, 204/2003, 229/2003 and 244/2003 were filed in this Court by the appellants original accused namely, Jagannath Bhaurao Utane (accused No.1), Rajesh Jagannath Utane (accused No.2), Duryodhan Deorao Vardhe (accused No.3), Babulal Chandumal Vardhe (accused No.7), Dadarao Chandumal Vardhe (accused No.9), Sudhakar Awdhoot Vardhe (accused No.8), Chandu Ramkrishna Vardhe (accused No.4), Vilas Shrikrishna Vardhe (accused No.10), Raju Awdhoot Samdure (accused No.6) and Rameshwar Ganpat Wankhade (accused No.5) against the judgment and order dated 28.2.2003 in Session Trial No.249/2000, passed by the II nd Ad-hoc Additional Sessions, Amravati, by which they were convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and sentenced to suffer imprisonment for life each and to pay a fine of Rs.2000/- each, in default of payment of fine to further suffer simple imprisonment for three months each, further convicted for the o...
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