Mumbai Court July 2012 Judgments
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Shri V.S. Bhanse Constable R.P.F. Dog Squad Vs. Union of India Through ...
Court: Mumbai Nagpur
Decided on: Jul-27-2012
A.B. Chaudhari, J. 1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties. FACTS: 2. By the present petition the petitioner has put to challenge the order No.282/2009 dated 12.12.2009, issued by the appellate authority, imposing higher punishment of retiring the petitioner compulsorily from service so also the order No.101/2011 dated 27.4.2011 of punishment by which the punishment for stoppage of three increments for three stages for three years with cumulative effect was imposed on the petitioner. 3. The petitioner was working as a member of Dog Squad BPQ (Nagpur Division) at Ballarshah and was the handler of the dog by name 'Rover'. The petitioner has been in service for the last 20 years in the Police Force and Railway Protection Force (RPF). On 27.7.2009, his duty was from 8:00 hours to 16:00 hours, when the two dogs 'Rusty' and 'Rover' were taken by him in the ground for training when both of them were playing and fighting ...
Speed Trade Securities Private Limited Vs. Idbi Bank Ltd.
Court: Mumbai
Decided on: Jul-27-2012
ORAL JUDGMENT : 1. The Plaintiffs have filed this suit based on directives issued by the Reserve Bank of India contained in the Scheme of Amalgamation. 2. It is the case of the Plaintiffs that one Maliram Makharia Finstock Pvt. Ltd. had approached the Plaintiffs for an advance of inter corporate deposit of a sum of Rs. 1,70,00,000/. The said company pledged 7,10,000 equity shares of United Western Bank Ltd. On 5th June 2006, the said Company and Rekha Makharia pledged additional 1,00,000 equity shares of United Western Bank in favour of the Plaintiffs and one Jawahar M.Shah, HUF. It is the case of the Plaintiffs that since the said company did not repay the advance to the Plaintiffs, on and from 4th September, 2006, the Plaintiffs started selling the pledged shares of United Western Bank in the open market. The Plaintiffs sold 7,95,000 shares and realized an aggregate sum of Rs.1,32,75,373/. 3. It is the common ground that on 12th September, 2006, Reserve Bank of India announced Scheme...
Remedios Crasto, Son of Pedro Rosario Crasto Vs. Mrs. Dorothy Siqueira ...
Court: Mumbai Goa
Decided on: Jul-27-2012
Oral Judgment: By this appeal, the appellant (hereinafter referred to as the complainant) takes exception to the Judgment and Order dated 24.10.2007, passed by the Chief Judicial Magistrate, Margao in Criminal Case No. 42/P/97/A, acquitting the respondents of the offences punishable under Sections 323, 452 read with 34 IPC. The respondents were accused Nos. 1, 3 and 4 in Private Criminal Case No. 42/P/97/A. 2. Briefly, the case of the complainant is that on 28.1.1997, at about 9.00 a.m. all the accused entered into his tailoring institute Remedios Tailoring Institute at Kharband road, Margao, thereby trespassing into the premises of the complainant and started abusing the complainant. Accused No.4 Agnel Pontes who was armed with danda, assaulted the complainant on his back. Thereafter, accused No.1 Dorothy Siqueira snatched danda from accused No.4 and gave blow on the head of the complainant, due to which the complainant started bleeding profusely. Thereafter, all the accused started a...
Shamshoddin, Khasab, Abbas and Ahmedsab Sons of Fateh Ladaf (All Died) ...
Court: Mumbai Aurangabad
Decided on: Jul-27-2012
Oral Judgment: Rule. Rule made returnable forthwith. By consent heard finally. 2. These writ petitions take exception to the impugned orders dated 18th August, 2010 in Appeal Nos.12-A/2010-L and 10-A/2010-L respectively, passed by the Member, Maharashtra Revenue Tribunal, Aurangabad, thereby entertaining the appeals and granting interim relief in favour of the respondents. 3. The facts leading to file these writ petitions, as disclosed in the writ petitions, are as under. The petitioners in Writ Petition No.4380 of 2011 filed application being Case No.2009/LR/Inam/KV/51 and the petitioners in Writ Petition No.4383 of 2011 filed application being Case No.2009/LR/Inam/KV/52 before the Tahsildar, Nilanga under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958 (For short, "said Act"), stating therein that, they had filed proceedings before the Deputy Collector (Land Reforms), Latur for restoration of the land Survey No.198-kh, (in WP No.4380/2011) and land Survey No.198-C...
Mrs. Reena Ramesh Shirodkar Vs. Ulhas Dattaram Mayekar
Court: Mumbai Goa
Decided on: Jul-27-2012
Oral Judgment: Heard Mr. Rohit Bras De Sa, learned Advocate for the petitioner and Mr. P. S. Rao, learned Advocate for the respondent. 2. By this Writ Petition the petitioner challenges order dated 7.4.2012 passed by Civil Judge, Senior Division, Mapusa in Regular Civil Suit No. 60/2012/A by which application dated 5.3.2012 filed by the petitioner to withdraw the suit with liberty to institute a fresh suit has been dismissed. The petitioner is a plaintiff in the above suit filed for mandatory and permanent injunction against the respondent/defendant. After the defendant filed written statement, the plaintiff filed above application seeking to withdraw the suit with liberty to file a fresh suit on the ground that there were formal defects in the plaint and also on the ground that there was sufficient cause. 3. The application was opposed by the defendant. 4. By an impugned order learned Judge has dismissed the application primarily on the ground that certain facts which have not been pl...
Mrs. Pritam Prabhu Kholkar Vs. Mr Sushant Prabhu Kholkar and Another
Court: Mumbai Goa
Decided on: Jul-27-2012
Oral Judgment: Heard Shri M. Rodrigues, learned Counsel appearing for the Petitioner and Mrs. Asha Dessai, learned Counsel appearing for the Respondent no. 1. 2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waives service. 3. The above Petition challenges the Order passed by the learned J.M.F.C., Sanguem, dated 18.03.2010, whereby the interim relief sought by the Petitioner under Section 23 of the Protection of Women from Domestic Violence Act, 2005, came to be dismissed. Appeal preferred challenging the said Judgment also came to be dismissed by the learned Addl. Sessions Judge, South Goa, Margao, by Judgment dated 26.08.2011. 4. After hearing the matter for sometime, it was agreed by the learned Counsel appearing for the respective parties that the interim maintenance fixed by the learned J.M.F.C. of Rs.2,500/- to be paid to the minor child can be modified whereby the Respondent would pay a consolidated amount for main...
State of Goa, Through Police Inspector Vs. Madivalappa Chalwadi, S/O M ...
Court: Mumbai Goa
Decided on: Jul-27-2012
Oral Judgment: Heard Mr. D. Lawande, learned Additional Public Prosecutor for the applicant, Mr.Arun Bras De Sa, learned Advocate for the respondent and Mr. V. A. Lawande, learned Advocate for the intervenor. 2. Rule. By consent heard forthwith. 3. By this revision application the applicant takes exception to the judgment and order dated 28.3.2011 passed by the Additional Sessions Judge, FTC-I, South Goa, Margao in Criminal Revision Application No.14/2011 allowing the Revision Application against the order dated 23.2.2011 passed by the learned Judicial Magistrate, First Class, Sanguem in Criminal Miscellaneous Application no.18/2011 whereby Judicial Magistrate, First Class ordered the Investigating Officer to release the animals to the respondent after obtaining the treatment and medical charges, if the injures were sustained by the animals prior to the attachment and rest of the cost of maintenance of the animals was to be borne by the applicant. 4. Briefly, the facts leading to filin...
Vns Finance and Capital Services Limited Vs. the New India Assurance C ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jul-27-2012
Narendra Kawde, Member (1) Complainant, VNS Finance and Capital Services Ltd. (for the sake of brevity complainant company) registered under Companies Act, 1956 has filed this consumer complaint against the opponent, The New India Assurance Co.Ltd. (for the sake of brevity opponent insurance company) and others alleging deficiency in service for not settling the claim payable under the insurance policy, claiming an amount of Rs.9,30,600/- along with an interest @15% p.a. and Rs.1,00,000/- on account of damages and further amount of Rs.15,000/- as costs of litigation. (2) The salient facts giving rise to file this consumer complaint are:- The complainant company subscribed to the policy, namely, Stock Brokers Indemnity Policy for trading members issued by opponent No.1 and 2 insurance company valid for a period from 01/06/1999 to 31/05/2000 with an indemnity limit of Rs.1,00,00,000/- with certain terms and conditions as agreed upon. On 14/02/2000 at about 9.58, one of the clients, Shr...
Mr. Agostinho Godinho Vs. Mrs. Maria Eufrezita Paulina Lydia Fernandes ...
Court: Mumbai Goa
Decided on: Jul-26-2012
Oral Judgment: Heard Shri R. Menezes, the learned Counsel appearing for the petitioner and Shri S. Chopdekar, the learned Counsel appearing for the respondents no.1 and 2. 2. Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel appearing for respondents no.1 and 2 waives service. 3. Shri R. Menezes, the learned Counsel appearing for the petitioner states that respondent no.3 is a formal party and the suit is proceeding ex-parte against the said respondent before the learned trial Court and hence notice to said respondent no.3 may be dispensed with. 4. The above petition challenges an order passed by the learned Civil Judge Junior Division at Margao dated 20/06/2012 whereby an application for adjournment filed by the petitioner came to be rejected and, as such, the evidence of the petitioner who are defendants in the Regular Civil Suit no.186/2001/C came to be closed. 5. Shri R. Menezes, the learned Counsel appearing for the petitioner...
Express Publications Madurai Limited Vs. Indian Express Newspapers Mum ...
Court: Mumbai
Decided on: Jul-26-2012
1. The plaintiffs have filed a Suit for a preliminary decree to render true and faithful accounts in terms of the All India Advertisement Revenue Sharing Agreements/Arrangements based on circulation figures of the Indian Express and the New Indian Express, certified by ABC or as per the ABC guidelines from 1st April, 2005 till date. A consequential prayer of appointing a Commissioner for carrying out enquiry and scrutiny of the accounts of the plaintiff and defendant and for a final decree over the amount so determined to be found due and payable in favour of the party to whom it is due and against the party from whom it is due and payable alongwith interest has also been prayed for. The plaintiffs have also made a alternative prayer for decree of amount of Rs. 23,49,28,608.09. 2. It is the case of plaintiff that the original Indian Express Limited on account of dispute between the two factions in the family was bifurcated into two groups namely Indian Express Newspapers (Mumbai) Limit...
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