Mumbai Court November 2012 Judgments
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Pundalik Tukaram Chowgule Vs. Union of India Through the Secretary, Pe ...
Court: Mumbai Goa
Decided on: Nov-05-2012
S.J. Vazifdar, J. 1. Respondents no. 2 and 3 are the Hindustan Petroleum Corporation Limited (hereinafter referred to as 'HPCL') and its Senior Regional Manager. Respondent no.4 is one Smt. Rajashri Vijay Sawardekar who has been held to be the successful tenderer. The petitioner seeks a writ of certiorari to quash and set aside a merit list and the selection process for a Retail Outlet Dealership and a letter of intent dated 19/08/2011 issued by respondent no.2 for the proposed Retail Outlet Dealership in favour of respondent no.4. The petitioner has also sought a writ of mandamus directing respondent no.2 to undertake the process of selection for the said dealership afresh from amongst the eligible candidates. The petitioner has sought the reassessment / revaluation of the marks allocated to him under the criteria 'Liquid cash in the form of bank Fixed Deposit etc.' under the heading 'capability to arrange the finance'. 2. There is absolutely no doubt that justice and equity are in fa...
Baburao Ganpatrao Shirole and Others Vs. Deccan Education Society and ...
Court: Mumbai
Decided on: Nov-05-2012
(Oral Judgment): Rule. Rule is made returnable forthwith. By consent of the parties, the matter is taken up for final hearing. 2. Heard Mr. Thorat, learned senior counsel and Mr. Kumbhakoni, learned counsel for the respective parties. 3. Since all these petitions arise out of various orders passed in a single suit and parties to the suit are being same, I propose to dispose of these writ petitions by passing this common order. 4. Writ Petition Nos. 5822, 5828 and 5829 of 2012 arises out of trial courts order rejecting the applications for bringing legal heirs of deceased plaintiff Nos. 2, 3, 8 and 9 on record. Writ Petition Nos. 4180 and 4181 of 2012 arises out of an order, whereby the legal heirs of deceased plaintiff Nos. 7 and plaintiff Nos. 10 and 12 are allowed to be brought on record. Writ Petition No. 4179 of 2012 arises out of an order of rejection of an application filed by defendant No.1 for dismissing the entire suit as abated. 5. For convenience, the parties to the petition...
Satyadev Madhavrao Jamgade Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-05-2012
A.H. Joshi, J. Rule. Rule is made returnable forthwith. Heard by consent. 2. This is a letter petition. Petitioner is aggrieved by the order passed by the Divisional Commissioner, Aurangabad, refusing to grant parole. 3. The request for parole has been rejected by the Divisional Commissioner, Aurangabad. While rejecting the prayer for parole, the Divisional Commissioner has made observations that:- (a) The surety appears to be incompetent to control the prisoner; and (b) The police have objected to release the petitioner based on apprehension that the prisoner may commit serious crime, and hence, the petitioner's case is not fit for release on parole. 4. Perusal of the petition discloses that petitioner was earlier released on parole and/or furlough totally on ten instances. 5. We had seen the opinion expressed by police and accepted and acted upon by Divisional Commissioner as regards the prisoner is contradicted by previous history of the petitioner. 6. On seeking said contradiction,...
Vinayak Bhaskar Sinai Dhume Vs. State of Goa, Through Its Chief Secret ...
Court: Mumbai Goa
Decided on: Nov-05-2012
S.J. Vazifdar, J. 1. The petitioner alleges that he is the tenant of the land sought to be acquired. The landlord, the Comunidade of Mapusa and another party who also alleges to be the tenant of the land, have not challenged the acquisition. 2. Respondent Nos.2 and 3 are the Under Secretary (Revenue), Government of Goa and The Bardez Bazar Consumer Cooperative Society (hereinafter, referred to as the Society), respectively. 3. The petitioner seeks a writ of certiorari to quash notifications dated 7th April, 1999 and 7th February, 2000 issued under the Land Acquisition Act and an Award dated 12th January, 2001. The petitioner has also sought restoration of possession in the event of it being found that the possession was in fact taken. 4. The respondents raised two preliminary objections. Although we heard the matter on two other issues as well, we are of the opinion that one of the preliminary objections is well founded and the petition is, therefore, liable to be dismissed on that gro...
Mrs. Sabina D'Costa Vs. Olava Rodrigues, s/o Late Antonio Xavier Rodri ...
Court: Mumbai Goa
Decided on: Nov-05-2012
Oral Judgment: Heard Mr. S. Shet, learned Advocate for the petitioner and Mr. S. R. Rivonkar, learned Public Prosecutor for respondent nos. 4 and 5. None appears on behalf of respondent nos. 1 and 2. 2. Rule. By consent heard forthwith. 3. By this petition, the petitioner challenges order dated 21.9.2010 passed by learned Judicial Magistrate, First Class, Margao in Criminal Case No. 155/S/09/I Addl. By which evidence of Sabina D'Costa, the petitioner i.e PW1 who had lodged FIR was closed. 4. It is the case of the petitioner that Criminal Case No. 155/S/09/I Addl. was fixed for recording further evidence of first informant i.e of the petitioner on 21.9.2010 and learned Public prosecutor as well as Advocate Monteiro who was assisting the prosecution in the said case, requested learned Magistrate to keep the matter back since the petitioner could not remain present in time since her mother was suffering from medical ailment. According to the petitioner, she was to go to the Court late on ...
Sopan @ Dnyandeo Maruti Bawadkar Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-05-2012
The revision is filed to challenge the judgment and order of Judicial Magistrate, First Class, Karjat, District Ahmednagar, delivered in R.C.C. No.279/1986. The petitioner is convicted and sentenced for the offence punishable under section 498-A of Indian Penal Code. This decision is confirmed by the Sessions Court, Ahmednagar in Criminal Appeal No.43/1995. Both the sides are heard. This Court has perused the original record. 2. The original complainant Nandabai is the wife of petitioner. She was given in marriage to the petitioner in the year 1981 or 1982. It is her case that the husband used to ask her to give divorce as he wanted to marry second wife. It is her case that the husband was demanding Rs. 5000/- and one tola gold from her parents. It is her case that as these demands were not met with, the husband used to give her beating and ultimately in March 1986 due to aforesaid reasons, she was driven out of matrimonial house by the petitioner, husband. It is her case that in May 1...
Pratibha W/O. Bapusaheb Andhare Vs. Bapusaheb S/O. Bhimrao Andhare and ...
Court: Mumbai Aurangabad
Decided on: Nov-02-2012
1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. 2. The petition is filed under Articles 226 and 227 of the Constitution of India, to challenge the judgment and order of Criminal Appeal No. 35/2009, which was pending in the Court of Additional Sessions Judge, Osmanabad. The appeal challenging the order made by J.M.F.C., Bhoom in Criminal Mis. Application No. 141/2008 filed under section 12 of the Domestic Violence Act, 2005 [hereinafter referred as the "Act" for short] is allowed by the Sessions Court. The protection order and maintenance order made by J.M.F.C. in favour of the petitioner are set aside by Sessions Court. 3. It is the case of the petitioner that she is the second wife of respondent. She cohabited with respondent for 4-5 years after the marriage in his house, where he was living with first wife. It is her case that the respondent and his first wife drove her out of the matrimonial house on 1.11.2007 after giving severe ill-tre...
M/S. Eagle Soraj Townships Private Ltd. and Others Vs. M/S. Eagle Agro ...
Court: Mumbai
Decided on: Nov-02-2012
1 The Applicants have invoked the Revisionary Jurisdiction of this Court being aggrieved by the order dated 19/1/2012 passed by the learned Joint Civil Judge, Junior Division, Vadgaon-Maval by which order the preliminary issue raised by the Applicants herein as regards the valuation of the suit has been rejected, and it has been held that the suit has been properly valued, and thus maintainable. The issue which therefore arises in the above Civil Revision Application is as regards the valuation of the suit. 2 The facts necessary to be cited for adjudication of the above Civil Revision Application can be stated thus; The Respondent herein i.e. Eagle Agro-Farm Private Limited is the original Plaintiff who has filed the suit in question being Regular Civil Suit No.12 of 2011 and the substantive relief claimed therein is in prayer clause (a) of the suit in question which is reproduced herein under for the sake of convenience. “Defendants and/or the persons claiming through the defend...
Rajubai W/O. Shankar Lagad Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-02-2012
Oral Judgment: This appeal is directed against conviction of the appellant for the offences punishable under Sections 306 and 498A of the Indian Penal and sentence of simple imprisonment for one year with a fine of Rs.200/- or in default simple imprisonment for one month and simple imprisonment for two years with a fine of Rs.200/- or in default simple imprisonment for one month respectively imposed upon the appellant on the two counts. 2. Facts which are material for deciding this appeal are as under :- The victim was married to accused No.3, son of the present appellant in the year 1991. She died of burn injuries on 20th December, 1991. It was alleged at the trial that the victim had come to know of appellant's illicit intimacy with appellant's brother-in-law and therefore, the appellant starved the victim and therefore, the victim committed suicide. The victim's father gave a report on 21st December, 1991. After performing inquest on the body of the victim, the first post mortem exa...
iliyas Hanif Qureshi and Others Vs. Tembi Muslim Jamat Masjid Trust Th ...
Court: Mumbai
Decided on: Nov-02-2012
Oral Order: 1 Admit, with the consent of the learned counsel appearing for the parties taken up for hearing forthwith and heard. 2 The revisionary jurisdiction of this Court under Section 114 of the Code of Civil Procedure is invoked against the order dated 16/7/2011 passed by the Presiding Officer, Maharashtra State Wakf Tribunal, Aurangabad by which order the order dated 22/5/2009 and the consequent elections dated 31/5/2009 were quashed and set aside, and the appointment of the Applicants herein who were the Respondent Nos.3 to 11 as Mutawalli of Tembhi Naka Muslim Jamat Masjid, Thane was also set aside and the said Respondents were directed to pay Rs.1000/- each to each of the Applicants by way of costs. 3 The issue as regards the election of the Applicants herein as Mutawallis has had a chequered history. The Respondent Nos.1 to 8 herein filed Application No.29 of 2009 before the Maharashtra Wakf Tribunal, Aurangabad questioning the order dated 22/5/2009 by which order the Wakf Bo...
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