Mumbai Court October 2013 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Pragyasingh Chandrapalsingh Thakur and Another Vs. State of Maharashtr ...
Court: Mumbai
Decided on: Oct-11-2013
S.C. Dharmadhikari, J. 1 These Writ Petitions raise the issue of constitutional validity of the National Investigation Agency Act, 2008 (Act 34 of 2008) (for short NIA Act). 2 Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith. 3 Since both Writ Petitions involve common questions, they are being decided by this common judgment. For properly appreciating the arguments of parties, the facts in Writ Petition No.4049/2012 are referred to. 4 It is stated that the Petitioner has been arraigned as an accused No.1 in C.R. No.I130/ 2008 lodged at Azad Nagar Police Station, Malegaon on 30.09.2008 for offences punishable under Sections 302, 307, 324, 326, 427, 153A, 120B of the Indian Penal Code r/w Sections 3, 4, 5, 6 of the Indian Explosive Substance Act, 1908 r/w Sections 3, 5, 25 of the Arms Act, 1959 r/w Sections 15, 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 along with ten other accused in the wake of a bomb blast that took...
Manohar Maruti Ghule and Another Vs. Dang Sanjeev and Others
Court: Mumbai
Decided on: Oct-11-2013
The appeal is against the judgment and order dated 06-03-20 03 passed by learned member, Motor accident claim Tribunal at Mumbai in Claim application no-367 of 2003 whereby the claim under Section 163-A of the Motor Vehicles Act for sum of Rs three Lakhs was dismissed. 2 Heard submissions at the Bar. 3 Facts are:- MrsSneha Pradeep Vaikar, aged 19 years, married daughter of the claimants was travelling by Fiat Car MH-01-P-2857 with her Husband Pradeep and Krishna Ghule on 04-11-2000 on Pune Mumbai Road. The Motor Tempo bearing Registration No. MH-12-R-7493 collided with it. Sneha died as result of the accident while her Husband Pradeep died and their Son Krishna were seriously injured. It is case of the appellants that their daughter was working in Vinay Roadways and earning sum of Rs. 2500 to 3000/- per Month. 4 The contention on behalf of the appellants is that claim tribunal held that Insurer gave their address at New Mumbai. And applicants gave their address in Punekar Chawl, D. P. ...
Ramvilas S/O. Pandurang Lohiya Vs. Bharat S/O. Gopinath Chavan
Court: Mumbai Aurangabad
Decided on: Oct-11-2013
Oral Judgment: 1. Rule. Rule made returnable forthwith by consent of the parties and heard finally. The petitioner in this writ petition assails an award dated 05/03/2010 delivered by the learned Labour Court, Latur on an application filed by the respondent u/s. 33(C)(2) of The Industrial Disputes Act, 1947 (Hereinafter referred to as 'The Act'). It was the contention of the respondent that he was engaged as a Driver on a car bearing registration no.MH-24-2781 which was jointly owned by the petitioners family. It was further contended that he had so worked from Diwali 2003 to Diwali 2004 for the said family. It was claimed that his monthly wages were unpaid for the said period, which finally accumulated to approximately Rs.38,000/-. The other contentions in his application are not germane at this stage. 2. The petitioner, in response to the said claim before the learned Labour Court, had taken a stand that the respondent was employed for maintenance of garden and that the said car was ...
Bajirao S/O. Shivaji Padvi and Another Vs. the State of Maharashtra He ...
Court: Mumbai Aurangabad
Decided on: Oct-11-2013
B.P. Dharmadhikari, J. 1] Rule. Rule made returnable forthwith. Heard finally by consent of parties. Two students, taking education in First Year B.Sc. Nursing have approached this court seeking direction to the respondents to allow them to appear for the examination to be held on 26th November, 2013 and a direction to respondent No.2 University to enroll them as students of respondent No.3 college. Respondent No.3 college is supporting their cause. 2] Grievance in petition is, both petitioners passed their 12th Standard examination and it is only stated that they appeared at CET for admission to B.Sc. Nursing course. They have been admitted on 6th August, 2012 in respondent No.3 College. The course is of 4 years duration. 3] Programme for examination to be conducted at the end of First year has been published and 20th September, 2013 was the last date for submission of admission forms. The application of the petitioners for appearing at said examination have been sent back to the col...
Indian Oil Corporation Limited Vs. M/S.Saibaba Automobiles
Court: Mumbai
Decided on: Oct-10-2013
Dr. D.Y. Chandrachud, J. 1. Admit. Learned counsel for the Respondent waives service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel. 2. The appeal arises from a judgment and order of a learned Single Judge dated 25 March 2013 on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (`the Act'). The Respondent was a dealer of the Appellant in pursuance of a dealership agreement dated 20 April 1992. On 9 May 2003, the retail outlet was raided by the district administration/police authorities during the course of which a tanker which was unloading an unidentified product into the MS tank was seized. A case was filed under the Essential Commodities Act and a notice to show cause was issued on 14 May 2003 why action should not be initiated. By a letter dated 26 May 2003, the Respondent admitted that its manager had conspired with unauthorized persons and had arranged to put solvent into motor spirit. On 7 June...
Dr. Bugui Dessai Vs. Goa University, Through Its Registrar and Others
Court: Mumbai Goa
Decided on: Oct-10-2013
Naresh H. Patil, J. The petitioner prays for a writ of certiorari to quash and set aside the impugned order dated 24th April, 2003 passed by respondent no.1 refixing and revising the scale granted to the petitioner with retrospective effect and the order dated 16th December, 2004 passed by respondent No.2, along with the interim reliefs, as prayed in the petition. 2. The petitioner contends that he was appointed as a Reader in Inorganic Chemistry in June, 1987 by the respondents. He was confirmed in service w.e.f. 20th June, 1989, after 2 years' of probation as per the Rules in force at the relevant time. By an order dated 12th September, 1992, the respondent informed the petitioner that the Vice Chancellor was pleased to appoint the petitioner to the post of Reader in Inorganic Chemistry under Statue No.107.13 on a basic pay of Rs.3700/- in the pay scale of Rs.3700-125-4950-150-5700 with effect from 1.1.1986 and that the date of increment should be 1.1.1987. 3. The petitioner contends...
Madan S/O Tulshiram Hembade Vs. Ashok Sonaji Hembade and Another
Court: Mumbai Aurangabad
Decided on: Oct-10-2013
Oral Judgment:- 1. RULE. By consent, Rule made returnable forthwith. By consent, heard finally. 2. The petitioner is the accused in S.C.C.No.315/2010, pending before the Judicial Magistrate First Class, Nanded. The case is in respect of an offence punishable under section 138 of the Negotiable Instruments Act and arises on a complaint made by the respondent no.1 herein. For the sake of convenience and clarity, the respondent no.1 shall, hereinafter be referred to as the complainant and the petitioner as the accused. 3. The substance of the complaint is that, the complainant had advanced a hand loan of Rs.10,00,000/- to the accused, in repayment of which the accused issued a cheque in the sum of Rs.10,00,000/-, which got dishonoured; and since inspite of notice, the payment in respect of the said cheque was not received, the accused was liable to be prosecuted and punished for an offence punishable under section 138 of the Negotiable Instruments Act. The case of the complainant is that ...
Hiradgaon Vividh Karyakari Seva Sahakari Society Ltd. and Others Vs. t ...
Court: Mumbai Aurangabad
Decided on: Oct-10-2013
Rule. Rule made returnable forthwith. By consent of learned Counsel for the parties, heard finally at the stage of admission. 1. Writ Petition No.9628 of 2012 is filed by the existing society challenging the order in the Revision passed by the Honourable Minister (Co-operation), dated 7.11.2012 and also challenging the registration certificate dated 19.11.2012 issued by the Assistant Registrar, Co-operative Societies, Shrigonda in favour of respondent No.4. Writ Petition No.346 of 2013, order dated 5.12.2013 passed by Honourable Minister is challenged. In Writ Petition No.1683 of 2013 which is filed by the existing society, the order dated 20.2.2013 passed by the Honourable Minister (Cooperation) in Revision Application No.49 of 2013 is challenged. In Writ Petition No.486 of 2013, which is also filed by the existing society, the order dated 10.1.2013 passed by Honourable Minister for Co-operation, Marketing and Textile in Revision Application No. 983 of 2011 is challenged. 2. In all th...
Fimidabee W/O Abdul Gaffar and Others Vs. Kalim Khan S/O Aziz Khan and ...
Court: Mumbai Nagpur
Decided on: Oct-10-2013
Oral Judgment: 1. Both these appeals challenge judgment and order dated 05.01.2008 passed by the learned Chairman, Motor Accident Claims Tribunal, Washimin M.A.C. Petition No.64/2006. 2. The facts of this case are quite peculiar and can be stated as under. 3. I will refer the parties by their designation in the lower court. Respondent no.1 Faimidabee is owner of agricultural land Survey No.136 of village Kajleshwar, Taluka Karanja, District Washim. She started the work of digging of well in her field. She also used explosives for digging. Respondent No.2 is the owner of the vehicle in question, which is a Tractor. Respondent No.1 gave work of digging of the well to the respondent No.2, who was using explosives for digging the well. On 08.04.2005, at about 04-15 p.m., respondent No.2 and his employee planted explosives inside the well for the purpose of causing explosion. The power for trigger of the explosives came from the battery of the Tractor which was parked nearby. Explosion took...
M/S. Parekh Holdings Vs. Mohamed Yusuf Trust and Others
Court: Mumbai
Decided on: Oct-10-2013
1. The petitioner claims injunction under Section 9 of the Arbitration and Conciliation Act, 1996 against respondent No.1 who is the trust and respondent Nos. 2 to 7 who are trustees of respondent No.1 trust pending the arbitration invoked by the petitioner against selling, mortgaging, transferring, encumbering, alienating, disposing of or creating any third party rights or granting any development right or parting with possession of the property called Nawab House / Nhava House, 65, Maharishi Karve Road, Mumbai 400 002. 2. The parties have entered into a development agreement on 9th April, 2005 pursuant to the trustees of respondent No.1 Trust having passed a resolution by majority in terms of the deed of trust under which they are appointed inter alia for executing such agreement. 3. A resolution has been passed in the meeting of the Trustees dated 9th September, 2004. There are six trustees of respondent No.1 trust. Respondent Nos. 2 to 6 attended the meeting. The respondent No.7 w...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 9
- 11
- 12
- 13
- 14
- Next ›
- Last »