Mumbai Court September 2012 Judgments
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Ravindra Yogiraj Paul Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-25-2012
Oral Judgment: 1] The appeal is filed against the judgment and order of Special [Atrocity Case] No.10/11 which was pending in the Court of Additional Sessions Judge, who was also working as Special Judge in respect of the case filed under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989. The appellant is convicted and sentenced by the trial Court for offences u/s 376, 363 and 506 of I.P.C. and he is also convicted and sentenced for offence u/ 3(i) (xii) of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989. The maximum substantive sentence of 10 years R.I. is given to the appellant. Both sides are heard. Perused the record. In short, the facts leading to institution of this proceeding can be stated as follows: 2] The prosecutrix is a resident of Beed. At the relevant time, she was aged about 14 years and she was studying in 9th standard. She was living with her parents and a brother. The accused is a married man and he was living in the...
Murlidhar S/O. Bhaurao Lande and Others Vs. the District Collector and ...
Court: Mumbai Aurangabad
Decided on: Sep-25-2012
B.P. Dharmadhikari, J. 1] Considering the nature of controversy, we have taken up the petitions for final hearing by issuing Rule and making it returnable forthwith by consent of the parties. Accordingly, we have heard the respective Counsel. The arguments advanced are in the backdrop of judgments/orders passed by three different Division Benches here and as such, our attention has not been drawn to any individual or specific challenge. Thus, we are considering the challenge as presented. 2] The petitioners claiming to be a freedom fighters, who allegedly participated in the freedom struggle against the regime of the erstwhile Nizam, assail the orders by which their pension has been discontinued. The State Government accepted the report submitted by Hon. J. Palkar (Retd.) Committee and has passed the impugned orders. The petitioners had applied for Freedom Fighter's pension in accordance with the Government Resolutions dated 5th September, 1992 and 4th July, 1995. 3] All the petitioner...
Kalyansinh K. Kumpavat Vs. Prashant J. Patel
Court: Mumbai
Decided on: Sep-24-2012
The Petitioner has challenged the impugned Award dated 15 June, 2009 passed by the sole Arbitrator appointed under the bye-laws, rules and regulations of the National Stock Exchange of India Ltd. (NSEIL). 2 The basic events are as under: In March 2006, the Petitioner was approached by Respondent's Intermediaries M/s. Mahalaxmi Shares and commodities and convinced the Petitioner to invest in Share Trading and Derivatives. The Petitioner was made to sign some documents by the said Intermediaries, the copies of which were never provided to Petitioner till the matter was referred to arbitration. The Petitioner also issued a cheque to the said Intermediaries bearing Cheque No. 176763 from HDFC Bank only for Mappin purpose. The Petitioner never dealt directly with the Respondent. All the communication he did with the Respondent was only through the said intermediaries. 3 In May 2007, the Petitioner was again convinced by the said Intermediaries to invest in F and O segment stating that it wo...
Smt. Jyoti Subhash Bhansale Vs. the Collector and Others
Court: Mumbai
Decided on: Sep-24-2012
Oral Order: 1 Rule, with the consent of the parties made returnable forthwith and heard. 2 The challenge in the above Writ Petition is to the order dated 23/01/2012 passed by the learned District Judge-16, Pune by which order the Application filed by the Petitioner herein being Misc. Application No.209 of 2011 came to be allowed. Resultantly, the Petitioner was allowed to withdraw the amount of Rs.9,50,000/- deposited by the Respondent No.3 in the Trial Court in Land Acquisition Reference No.152 of 2004, however, the same was made subject to the Petitioner furnishing solvent surety for the said amount. The direction for furnishing solvent surety is being taken exception to by the Petitioner in the above Petition. 3 The land of the Petitioner was acquired for widening of the road at Kasba Peth, Pune by following the gamut of the process as laid down in the Land Acquisition Act, 1894 (for short “the said Act). The Special Land Acquisition Officer declared the Award on 29/03/2004 an...
M/S. Pancham International Vs. Union of India Through the Director of ...
Court: Mumbai
Decided on: Sep-24-2012
The Petitioner has challenged impugned Award dated 26 February 2009 passed by the sole Arbitrator. The operative part of the same is as under: “9.1 The Claim of the Claimant/UOI as at para 5 above for of Rs.7,45,800/- towards R/P Loss and Rs. 71,704/- towards GD loss is 1allowed in favour of the Claimant and against the Respondent firm with interest @ 12% p.a from its due dates till the date of payment. No cost of proceedings and any other incidental relief as sought are made. 9.2 The Claim of the Respondent firm at para 6(a) is 1disallowed' being `unjustified'. 9.3 The Claims of the Respondent firm as at para (b) and are also `disallowed' being `unjustified'.” 2 This typical order based upon a situation which is required to be noted for the purposes of adjudication of any arbitration proceedings specifically when the same is governed by the agreed terms and conditions and where one party is Union of India and/or State, similarly placed undertakings and/or even private unde...
State Vs. Sudhakar Naik
Court: Mumbai Goa
Decided on: Sep-24-2012
Oral Judgment: Heard Mr. D. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Arun Bras De Sa, learned Advocate for respondent. 2. By this appeal, the appellant takes exception to the judgment and order dated 10.3.2010 passed by Special Judge, South Goa Margoa in Special Case no. 1/SC/ST/2009, acquitting the respondent/accused for the offence punishable under Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (“the Act' for short”). 3. Briefly, the prosecution case is as under:- On 24.1.2008 between 9.00 to 10.30 am in front of house of first informant PW1 Ashok Korgaonkar situated at Housing Board, Gogal, Margao, the accused intentionally insulted with intent to humiliate him being a member of scheduled caste in public view by saying “the profession of mechanic was not meant for the complainant, being chamhar (shoemaker) and that he should wear a garland of chappals and shoes on his body and sit ou...
Roopchand Mohanlal JaIn Vs. Chandraprakash S/O Shrikisan Malani and An ...
Court: Mumbai
Decided on: Sep-24-2012
Oral Judgment: By this petition under Section 43 of the Arbitration and Conciliation Act, 1996 (for short ‘Arbitration Act 1996’), the Petitioner seeks extension of time for filing claim before Arbitrator. 2. Some of the relevant facts are as under:- (a) The Petitioner is a trading-cum-clearing member of the Respondent No.2 i.e. National Commodity and Derivatives Exchange Limited and is governed by the bye-laws which are statutory in nature (for short “the exchange”). (b) There is no dispute that the claim is arising for the period between 25th February, 2005 to 15th June, 2006. It is the case of the Petitioner that since Respondents did not pay the said amount, by notice dated 9th April 2007, the Petitioner demanded the outstanding money. Since the Respondents failed to pay the same, on 1st April, 2008, the Petitioner lodged his claim before the Exchange. (c) By letter dated 15th April, 2008, the Exchange informed the Petitioner that since the complaint was rec...
Sanjay S/O Dhananjay Pachpole Vs. the State of Maharashtra, Through Se ...
Court: Mumbai Aurangabad
Decided on: Sep-24-2012
1 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The petitioner, who is serving as a teacher with Respondent No.6 school run by Respondent No.5 Institution, is seeking writ of certiorari for quashing and setting aside order dated 09.04.2012, passed by Respondent No.4 - Education Officer (Secondary), Zilla Parishad, Jalgaon. The petitioner is also seeking a direction to declare that the petitioner is senior to Respondent No.7 and for a further direction to Respondents No.1 to 6 to correct the seniority list showing placement of the petitioner at appropriate serial number. 3 The petitioner came to be appointed as an Assistant teacher in the school run by Respondent No.5-Institution on 03.07.1997. His educational qualification on the date of appointment is B.A.,B.Ed.. Whereas, Respondent No.7 has been appointed as Assistant teacher on 01.12.1997 and his educational qualification on the date of appointment is B.A., B.P.E...
The New India Assurance Co. Ltd. Vs. Prabhakar S/O Mahadeo Rakhunde an ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: 1. This appeal is directed against the judgment and award dated 08.10.2009 passed by Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No. 102/2004 whereby the tribunal awarded compensation of Rs.3,00,000/- on account of death of one Pravin caused in motor vehicular accident occurred on 28.12.2003 involving a taxi bearing No. MH-34/D-2296 and private bus bearing registration No.MH-31/M-4500. 2. Mr. Joshi, learned counsel for the appellant, is fair enough to raise only two points for consideration. Firstly, he contended that the learned tribunal ought to have deducted 50% of the income of the deceased towards his personal and living expenses. Secondly, he raised the issue of choice of proper multiplier. According to him, the multiplier ought to have been chosen having regard to the age of the claimants rather than the age of deceased. In the instant case, the tribunal has chosen multiplier of 18 considering the age of the deceased, who was 22 years when he died. 3. The l...
Ratan S/O. Babhootsingh Rathod Vs. State of Maharashtra (Through the S ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: (A.P. Bhangale, J.) 1. The appeal is preferred against the Judgment and Order of conviction passed by the learned Ad-hoc Additional Sessions Judge-3, Amravati on 23.6.2008 in Sessions Trial No.15 of 2008 whereby the learned trial Judge found appellant/accused Ratan Babhootsingh Rathod guilty and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine in the sum of Rs.1,000/-, in default to suffer rigorous imprisonment for six months. The appellant/accused was also found guilty for the offence punishable u/s.498-A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.500/- in default to suffer rigorous imprisonment for three months. 2. The facts, which are stated briefly, are as under: That, on or about 18.10.2007, a report was lodged at Police Station, Kurha, District Amravati by Ramchandra Dashrath ...
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