Mumbai Court August 2012 Judgments
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Ramkrishna S/O Tukaram Patil and Others Vs. the State of Maharashtra, ...
Court: Mumbai Aurangabad
Decided on: Aug-23-2012
Rule. Rule made returnable forthwith. With consent of the parties heard finally. 2. This writ petition takes exception to the judgment and order dated 5th October, 2011 passed by the Additional Divisional Commissioner, Nashik Division, Nashik in Grampanchayat Appeal No. 66 of 2011. 3. The background facts for filing this writ petition, as disclosed in the writ petition, are as under. It is the case of the petitioners that, there are total number of 7 members in the Village Panchayat, Varkhedi, Taluka Erondol, District Jalgaon. On 30th March, 2011 the petitioners herein, who are the members of village panchayat Varkhedi moved the Tahsildar, Erondol for bringing No Confidence Motion against the respondent No.4 who is Sarpanch of the village by taking recourse to the provisions of Section 35(1) of the Bombay Village Panchayat Act, 1958 (for short, said Act). On 30th March, 2011 respondent No.3 Tahsildar, Erondol issued notices to the petitioners herein, as well to the Sarpanch taking reco...
Mrs. Rashmi Rajan Lambor Alias Saggubai B. Vs. Scrutiny Committee for ...
Court: Mumbai Goa
Decided on: Aug-23-2012
U.V. Bakre, J. Heard learned Senior Counsel for the parties. Rule. By consent heard forthwith. 2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the judgment dated 16/06/2012 passed by the Scrutiny Committee for verification of Caste Certificate (Respondent no.1) and to direct the respondent no.1 to scrutinize/affirm the OBC Certificate issued by the Deputy Collector/ SDM, Quepem, dated 4/2/2010. 3. Previously, the petitioner had filed Writ Petition No. 135 of 2012 before this Court against the same respondents, whereby she had prayed that the order dated 16/01/2012 passed by the respondent no. 1 be quashed and set aside and certificate issued by the Deputy Collector/SDM, Quepem, dated 6/1/2006 be ordered to be scrutinized by respondent no.1, in accordance with law. This court by order dated 22/02/2012 had allowed the said Writ Petition in the following terms: (A) Order of the Scrutiny Committee dated 16th January...
Radhesham Ganeshlal Dhoot Vs. Vishukumar Bansalilal Kalantri and Anoth ...
Court: Mumbai Aurangabad
Decided on: Aug-22-2012
Oral Judgment :- 1. Heard learned respective counsel for the parties. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, petition is taken up for final hearing. 3. By the present petition filed by the petitioner/original accused under Article 226 and 227 of the Constitution of India and under section 407 of the Code of Criminal Procedure, prayed that order passed by the Principal District Judge, Latur in Criminal M.A.No.21/2012 below Exhibit No.1 on 12.06.2012 be quashed and set aside and Criminal case nos. STCC 1091/2010, STCC 1468/2010, STCC 154/2011, STCC 592/2011 pending before 4th Judicial Magistrate First Class, Latur and STCC No.1574/2011 pending before 9th Judicial Magistrate First Class, Latur and STCC 153/2012 pending before 10th Judicial Magistrate First Class, Latur and STCC No.646/2012 pending before 8th Judicial Magistrate First Class, Latur be transferred and be tried before any one Judicial Magistrate First Class, Latur. 4. Fac...
Parshvanath Charitable Trust and Others Vs. All India Council for Tech ...
Court: Mumbai
Decided on: Aug-22-2012
Oral Judgment: (Dr. D.Y. Chandrachud, J. ) In these proceedings under Article 226 of the Constitution, there is a challenge to an order dated 7 January 2011 issued by the All India Council for Technical Education, the First Respondent, withdrawing the approval granted to the First Petitioner to conduct an Engineering College. The Petitioners seek a mandamus to the First Respondent to approve a proposal submitted on 24 May 2008 for a change in the location of the Engineering College. A direction has been sought to the State Government, the Directorate of Technical Education and the University of Mumbai to grant their 'No Objection' Certificate to the proposal for a change in location. 2. The First Petitioner was granted approval for setting up an Engineering College by the First Respondent on 11 June 1994 with an intake capacity of 140 students for the academic year 1994-95. The College was situated on land bearing Survey No. 27 (part) at Kasarvadavali, Ghodbunder Road in the District o...
Bharat S/O Mahadu Khade Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-22-2012
Oral Judgment: (M.L. Tahaliyani, J.) 1. The appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer rigorous imprisonment for four months, by the Ad hoc Additional Sessions Judge, Buldhana, by his judgment and order dated 20th August, 2007 in Sessions Case No.102/2005. 2. The appellant was tried along with five other accused i.e. accused Nos.1-Mahadu Haribhau Khade, 3-Ganesh Mahadu Khade, 4-Sau. Savita Bramhadev Aandhale, 5-Sau. Rekha @ Renuka Ashok Musale and 6-Sau. Kesharbai Tukaram Mapari for the offences punishable under Sections 147, 148, 307 read with Section 149 and 302 read with Section 149 of the Indian Penal Code. The original accused Nos.1 and 3 to 6 have been acquitted of all the charges and the appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code simplicitor. 3. The prosecution ca...
Dr. (Smt.) Deepika JatIn Parikh and Others Vs. M.R. Dybar and Another
Court: Mumbai
Decided on: Aug-22-2012
This Appeal on final hearing board was called out on two occasions. None appeared for the Appellants and the Respondents on both the occasions. As the Appeal is by original claimants in a claim for compensation for fatal accident filed under Section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as "said Act"), we have perused the record of the case and after examining the record of the case, we are proceeding to decide the Appeal on merits. 2. The present Appellants/claimants filed a claim petition for claiming compensation on account of death of one Dr. Jatin M. Parikh on 2nd December, 1999 in a motor accident. The deceased was travelling by a luxury bus bearing No.MMS-147. The bus gave a dash to the railing of the bridge and plunged into a river on Nashik By-pass Highway. The deceased died due to drowning. The bus at the relevant time was owned by the first Respondent and insured with the second Respondent insurer. In the claim Petition, the Appellants claimed total compen...
Biru Vithoba Shejal Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-22-2012
P.D. Kode, J. 1. By the present appeal the sole accused in Sessions Case no. 123 of 2004 has assailed the Judgment and Order of conviction passed passed by IInd Ad-hoc Additional Sessions Judge, Pandharpur on 5th April, 2005 convicting him for offence punishable under Section 302 and 201 of Indian Penal Code and on the first count sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and in default to suffer R.I for three months and on the second count sentencing him to suffer R.I for 3 years and to pay fine of Rs. 500/- and in default of payment of a fine to undergo R.I for one month. 2. The Appellant at the said Sessions Case was charged for committing murder of his wife Rukmini and son Dagadu by throttling them in a drain on 5th April, 2004 at about 19.00 to 19.30 hrs or there about in the vicinity of village Anakdhal, Tal. Sangola on the west side of Nazaremath to Rajuri Road, and for causing disappearance of the evidence of commission of the offence of mu...
Parshvanath Charitable Trust and Others Vs. All India Council for Tech ...
Court: Mumbai
Decided on: Aug-22-2012
Oral Judgment: (Dr. D.Y. Chandrachud, J. ) In these proceedings under Article 226 of the Constitution, there is a challenge to an order dated 7 January 2011 issued by the All India Council for Technical Education, the First Respondent, withdrawing the approval granted to the First Petitioner to conduct an Engineering College. The Petitioners seek a mandamus to the First Respondent to approve a proposal submitted on 24 May 2008 for a change in the location of the Engineering College. A direction has been sought to the State Government, the Directorate of Technical Education and the University of Mumbai to grant their 'No Objection' Certificate to the proposal for a change in location. 2. The First Petitioner was granted approval for setting up an Engineering College by the First Respondent on 11 June 1994 with an intake capacity of 140 students for the academic year 1994-95. The College was situated on land bearing Survey No. 27 (part) at Kasarvadavali, Ghodbunder Road in the District o...
Radhesham Ganeshlal Dhoot Vs. Vishukumar Bansalilal Kalantri and Anoth ...
Court: Mumbai Aurangabad
Decided on: Aug-22-2012
Oral Judgment :- 1. Heard learned respective counsel for the parties. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, petition is taken up for final hearing. 3. By the present petition filed by the petitioner/original accused under Article 226 and 227 of the Constitution of India and under section 407 of the Code of Criminal Procedure, prayed that order passed by the Principal District Judge, Latur in Criminal M.A.No.21/2012 below Exhibit No.1 on 12.06.2012 be quashed and set aside and Criminal case nos. STCC 1091/2010, STCC 1468/2010, STCC 154/2011, STCC 592/2011 pending before 4th Judicial Magistrate First Class, Latur and STCC No.1574/2011 pending before 9th Judicial Magistrate First Class, Latur and STCC 153/2012 pending before 10th Judicial Magistrate First Class, Latur and STCC No.646/2012 pending before 8th Judicial Magistrate First Class, Latur be transferred and be tried before any one Judicial Magistrate First Class, Latur. 4. Fac...
New India Assurance Company Ltd. Vs. Subhash S/O Bhimrao Gore and Othe ...
Court: Mumbai Nagpur
Decided on: Aug-22-2012
Oral Judgment: This appeal is directed against the judgment and order dated 17/1/2003 passed by 2nd Additional District Judge and Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No.358/1996 thereby allowing the petition partly and awarding total amount of compensation of Rs.2,48,000/- on account of death of one Gajanan Kharpuriya who left behind him a widow, minor children and aged parents. 2. Incident occurred on 27/3/1996. While the deceased was riding bicycle, the offending vehicle i.e. jeep bearing No.MH-31-8018 came from opposite direction and knocked him down. Therefore, the claimants/respondents herein filed petition for award of compensation of Rs.5,00,000/-. 3. The respondent no.1/owner of the vehicle was proceeded ex parte. 4. The appellant - original respondent no.2 filed written statement. Their main defence was that the driver of the offending vehicle was not holding a valid driving license when the accident occurred. 5. The learned Tribunal framed issues....
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