Mumbai Court September 2011 Judgments
Smt. Rekha Vinod Shivpuje and anr. Vs. the State of Maharashtra and or ...
Court: Mumbai Aurangabad
Decided on: Sep-27-2011
1. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties. 2. By the present petition, the petitioners are seeking quashment of the order dated 17th October, 2007, issued by Respondent No. 3 - the Education Officer (Primary), Zilla Parishad, Latur whereby the family pension granted to the petitioners upon death of late Shri Vinod Veerbhadra Shivpuje was discontinued. 3. Deceased Vinod was the husband and father respectively of the petitioner Nos. 1 and 2. The deceased was working as an Assistant Teacher at a Primary School at Sawargaon Ajani. He committed suicide on 27th January, 2006. The petitioners obtained succession certificate and claimed family pension from Respondent No. 3. Ultimately, on 29th December, 2006, provisional family pension was ordered and since 5th February, 2007, the actual payment was started. In the meantime, the father of deceased Vinod raised an objection that since a criminal case is pending against Petitioner No....
Tag this Judgment!The Divisional Forest Manager Vs. Shri Vinayak Kurne
Court: Mumbai
Decided on: Sep-27-2011
1. Rule. Respondents waive service in both petitions. By consent, Rule made returnable forthwith. As both Writ Petitions involve common questions of facts and law, they are being disposed of by this common judgment. 2. By Writ Petition No.3208/2011 under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the orders passed by the Industrial Court and the Labour Court on 2nd February, 2011 and 25th October, 2007 respectively. 3. The Labour Court by the order dated 25th October, 2007 passed in Complaint (ULP) No.317 of 2002 has directed the Petitioners before this Court to reinstate the Respondent/Complainant in service on the original post and place him anywhere where work is available. However, he should be given continuity of service and full back wages from the date of his termination till the date of the order of the Labour Court by adjusting monthly wages and other benefits given to the Respondent/Complainant during the pendency of the complaint. 4. A Revis...
Tag this Judgment!Savita W/O Shantaram Shelar Vs. Shantaram S/O Kacharu Shelar
Court: Mumbai Aurangabad
Decided on: Sep-27-2011
1. Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the parties, the matter is taken up for final hearing. 2. By way of this Misc. Civil Application, the applicant seeks transfer of Hindu Marriage Petition No.776 of 2009 pending in the Court of the Civil Judge, Senior Division, Nashik to the Court of the Civil Judge, Senior Division, Kopargaon, District Ahmednagar. 3. Learned Counsel appearing for the applicant submits that, there is no financial source for the applicant to travel from Kopargaon to Nashik. It is further submitted that, the distance from Kopargaon to Nashik is 125 Kms. Learned Counsel further submits that, in the proceedings filed by the husband, convenience of the wife should be looked into. It is difficult for the applicant to travel from Kopargaon to Nashik. Therefore, relying on the grounds taken in the application and annexures thereto, learned Counsel for the applicant would submit that, this application deserves to be allowe...
Tag this Judgment!District Sangli Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Sep-27-2011
ORAL JUDGMENT [PER: V.M. KANADE J.] 1. Heard. 2. A report has been submitted by Senior Inspector of Kurlap Police Station. 3. The learned APP appearing on behalf of the State submits that the appellant Gopala Balu Kamble has expired. An inquiry was made by the Senior Inspector of Kurlap Police Station and statements of various persons were recorded and a report is submitted by him in which he has stated that the appellant expired at Mumbai. A separate report has been tendered by Digambar Pradhan, Police Superintendent in his letter dated 29.08.2011 addressed to Assistant Registrar of this Court. From the report, it is apparent that appellant has expired. 4. The appellant was convicted by the Trial Court for the offence punishable under section 337, 452 and 302 of the Indian Penal Code and he was sentenced to suffer life imprisonment for the offence punishable under section 302 of the IPC. He was also cumulatively sentenced to undergo rigorous imprisonment for a period of six months and...
Tag this Judgment!Rajesh Roongta Vs. Skoda India Pvt Ltd and Another
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Sep-27-2011
ORAL ORDER S. R. Khanzode, Judicial Member Heard Adv. Shivani Tibrewala for the Complainant on admission at length. [2] Perused the record. [3] It is the grievance of the Complainant that on 30/11/2007 he had purchased a Skoda Laura Elegance motor-car from the Opponent No.2, namely M/s. Autograph Cars (I) Pvt. Ltd. Said car is manufactured by the Opponent No.1, namely Skoda Auto India Pvt. Ltd. The Complainant purchased the said car for traveling from Daman to Mumbai for official purposes during the course of his business. is a grievance of the Complainant that after second servicing on 22/5/2008, the car was dragging at a lower speed and further at slightly higher speed around 80-90 km. per hour, the car became unstable. Such problem occurred for the first time. It was further noticed that after the second servicing of the car, the acceleration of the engine speed found going up on and often. It was also noticed that earlier the car which was negotiating easily the curves on the highw...
Tag this Judgment!Shri Vasant Jinnappa Chougule and anr. Vs. the State of Maharashtra an ...
Court: Mumbai
Decided on: Sep-26-2011
1. Heard Mr.Bandiwadekar, the learned counsel for the petitioners. Rule. Respondents waive service. With the consent of the parties petition has been finally heard. 2. The petitioners have challenged the appointment of respondent no. 5 as Shikshan Sevak (Secondary) made by the Respondent no.3 for its school viz. the respondent no.4 w.e.f. 3/8/2006, on compassionate ground. Shri Hindurao Mahadeo Salunke, father of the respondent no.5 was an Assistant Teacher with the respondent no.4 - school and he died on 10/7/2000. Smt. Mangala Hindurao Salunke, mother of the respondent no.5 was also working as an Assistant Teacher with the very same school. The respondent no.5 did not apply for appointment on compassionate ground as a Shikshan Sevak or in any other post till his mother retired on reaching the age of superannuation on 31/5/2005. It is alleged that for the first time he submitted an application for appointment as a Shikshan Sevak on compassionate ground to respondent no.3 on 1/6/2005 a...
Tag this Judgment!Union of India and ors. Vs. M. M. Rangari and ors.
Court: Mumbai Nagpur
Decided on: Sep-26-2011
1. Rule. Heard forthwith by consent of parties. 2. The short question that falls for consideration in this Petition is whether the employees of Ordanance Factories the Petitioner-Union of India, viz., the Ordanance factory Board are entitled to House Rent Allowance (HRA) after they had constructed their own respective houses by arranging loans and after shifting to their own accommodation on the ground that they have not obtained "non-availability Certificate" in respect of official residential accommodation . The answer must be given in the negative for the following reasons. 3. It is not in dispute that Employees who have applied for allotment of Government accommodation from the General pool of residential accommodation and have not been allotted their entitled type of accommodation due to non-availability of the accommodation would be entitled to claim House Rent Allowance(HRA). The submission made on behalf of the Petitioner is that the Central government Employees who are offered...
Tag this Judgment!Mr. Vijay Raghurama Shetty Vs. Baun Foundation Trust and Others
Court: Mumbai
Decided on: Sep-26-2011
1. Rule. Rule made returnable forthwith. 2. The revision petitioner - original defendant is taking exception to the order passed by the Judge, City Civil Court, Bombay on 01.07.2011 in Suit No. 1210 of 2011 holding that the Court does have jurisdiction to try and entertain the Suit. 3. The instant revision petition is presented by the original defendant in Suit No. 1210 of 2011. The original plaintiff No. 1 is Baun Foundation Trust ("said Trust" for short) which is a Public Charitable Trust registered under the provisions of the Bombay Public Trust Act, 1950 ("BPT Act" for short). It is not disputed that the original plaintiff No.2 is the founder trustee of the said Trust as also the original plaintiff Nos. 3 to 5 are the trustees of the said Trust. According to the plaintiffs, the defendant was also the trustee of the said Trust until his term came to an end. The said Trust was formed in 1964 with an object to establish and run a hospital. The plaintiff No.2 and his wife late Smt. Sha...
Tag this Judgment!Sunil Alias Pona Tolaram Pore Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-23-2011
1. The Appellant and three others were prosecuted on the allegations of having committed offences punishable under Section 364 of the IPC and Section 307 of the IPC read with Section 34 of the IPC, or, in the alternative, Section 326 of the IPC read with Section 34 of the IPC. After holding a trial, the learned Additional Sessions Judge for Greater Bombay found the Appellant (the original Accused No.2) and the other accused guilty of an offence punishable under Section 326 of the IPC read with Section 34 thereof. He sentenced the Appellant (original Accused No.2) and the original Accused No.1 - Jamaluddin alias Shendya Sayyed Hussein - to suffer R.I. for seven years. He directed the original Accused Nos.3 and 4 - Anwar Khan alias Annu Rafiq Khan and Mohamed Ayub Mohamad Isaq Shaikh - to be released on probation of good conduct on their executing a personal bond in the sum of Rs.5,000/- each, as contemplated under Section 360 of the Code of Criminal Procedure (hereinafter 'the Code' for...
Tag this Judgment!Sunil Alias Pona Tolaram Pore. Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Sep-23-2011
JUDGMENT : 1. The Appellant and three others were prosecuted on the allegations of having committed offences punishable under Section 364 of the IPC and Section 307 of the IPC read with Section 34 of the IPC, or, in the alternative, Section 326 of the IPC read with Section 34 of the IPC. After holding a trial, the learned Additional Sessions Judge for Greater Bombay found the Appellant (the original Accused No.2) and the other accused guilty of an offence punishable under Section 326 of the IPC read with Section 34 thereof. He sentenced the Appellant (original Accused No.2) and the original Accused No.1 - Jamaluddin alias Shendya Sayyed Hussein - to suffer R.I. for seven years. He directed the original Accused Nos.3 and 4 - Anwar Khan alias Annu Rafiq Khan and Mohamed Ayub Mohamad Isaq Shaikh - to be released on probation of good conduct on their executing a personal bond in the sum of Rs.5,000/- each, as contemplated under Section 360 of the Code of Criminal Procedure (hereinafter 'th...
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