Mumbai Court October 2013 Judgments
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Dattatraya Vs. the State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Oct-22-2013
K.U. Chandiwal, J. 1. Heard finally. On 3rd April, 2013, Rule was issued returnable on 17th June, 2013. 2. The petitioner has prayed to declare that he was illegally detained by respondent nos. 2 to 5 and to direct respondent no.1 to initiate departmental inquiry against respondent nos. 2 to 5 for such illegal detention. He has also urged for a Mandamus or a writ in the nature of Mandamus for grant of compensation of Rs. 5,00,000/- (Rs. five lacs) for his illegal detention, from respondents. 3. On 1.11.2012, after hearing Counsel for the petitioner and perusal of the record, Superintendent of Police, Ahmednagar, was directed to conduct inquiry in the subject matter and to file affidavit, answering each paragraph of the petition. On 31st Jan., 2013, Division Bench noticed that inquiry has not been conducted by the Superintendent of Police but, he has secured a report from Sub Divisional Police Officer and filed an affidavit on that basis. Consequently, Special Inspector General of Polic...
M/S. Tci Industries Ltd. and Another Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Oct-21-2013
G.S. Patel, J. 1. By this Courts order of 20th August 2013, parties were put to notice that the Petition would be heard finally at the stage of admission. Hence, Rule. On the Respondents waiving service, by consent, Rule made returnable forthwith and taken up for final hearing. 2. Towards the southern end of the Island City of Mumbai, just off Colaba Causeway and at the end of a narrow lane, Narayan Sawant Marg, there lies a very large property. To its east is Mumbais harbour; to the south, Sassoon Dock. A Naval establishment, INS Shikra, abuts the property on its north and north-east; and, to the west is a developed area that includes several residential buildings, a municipal school, a Naval boat workshop, the Colaba Fire Station and, beyond, Colaba Causeway. 3. This land, City Survey Nos. 18/69, 19/69 and 128 of the Colaba Division, belongs to the 1st Petitioner (TCI). It covers 39,276 sq mts, just under 10 acres. There are several structures on it, most of them now abandoned. Once,...
The Oriental Insurance Company Ltd. and Others Vs. Municipal Corporati ...
Court: Mumbai
Decided on: Oct-21-2013
G.S. Patel, J. 1. The 1st Petitioner is a Government Company (Oriental Insurance) as defined under Section 617 of the Companies Act, 1956. It is engaged in the business of General Insurance and was established under the General Insurance Business (Nationalisation) Act, 1972. It owns substantial properties in Mumbai and elsewhere. Among these are two buildings known as Oriental Mansion and Oriental Mansion (Extension) on Plot No. 14, Wellington Lines Estate at Nathalal Parekh Road and Madame Cama Road, Mumbai. The built up area of these structures is about 80,000 sq.ft. 2. The plot on which these buildings stand is a leasehold plot. The original indenture of lease was dated 29th June 1909 and was for a period of 99 years. Oriental Insurance claims to be a lessee of this plot. 3. In March 2003 the Respondent No. 1, the Municipal Corporation of Greater Mumbai (MCGM) sought to revise the lease rent in respect of Oriental Insurances at Wellington Lines Estate. Oriental Insurance filed Writ ...
Manohar Krishna Madhavi Vs. the Commissioner
Court: Mumbai
Decided on: Oct-21-2013
Oral Judgment: 1. The applicant has challenged the order dated 11th August, 2006 passed by the learned Civil Judge, Senior Division, Thane in Miscellaneous Application No. 17 of 2004 filed under the provisions of Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as the 'said Act') being a reference made under Section 12 r/w Section 405 of the said Act. Few facts necessary for the disposal of this Civil Revision Application are as under. 2. The applicant contested the election, which was held on 26th March 2000. The nomination for the post of a Councilor from ward no.38 was filed on 29th February 2000. The applicant was declared as elected for the aforesaid ward no.38 by declaration dated 30th March 2000. The matter was raised before the Municipal Commissioner by the present complainant by alleging that the applicant should be declared as disqualified in accordance with the provisions of Section 10(i)(f) of the said Act as the applicant had prior to filing of th...
Tata Advanced Materials Ltd. Vs. M/S. Tooltech Global Engineering Pvt. ...
Court: Mumbai
Decided on: Oct-21-2013
M.S. Sonak, J. 1. Admit. With the consent of the learned Counsel, the appeal is taken up for hearing and final disposal. 2. The Appellant (original Petitioner) appeals against the judgment and order dated 17 October 2012, by which the learned Company Judge has dismissed the petition for winding up of the Respondent company. 3. The Appellant instituted Company Petition No.198 of 2012 seeking winding up of the Respondent company on the ground that the company is 'unable to pay its debts' towards the Appellant quantified at Rs.99,74,784/-. 4. The case of the Appellant as set out in the company petition is as follows: (a) During the period 2007 to 2009, the Respondent company placed purchase orders in respect of some engineering items upon the Appellant; (b) The Appellant thereupon supplied the items and from time to time raised invoices aggregating to Rs.2,16,64,437/- upon the Respondent company; (c) The Respondent company made payments to the extent of Rs.1,31,44,778/- upto July 2009; on...
Bhagyesh Diwakar Sarpotdar and Another Vs. Dombivli Nagari Sahakari Ba ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Oct-21-2013
Oral Order: R.C. Chavan, President: 1. These two appeals have been filed by the complainant and opponent questioning the order passed by the District Forum, Thane in consumer complaint No.453/2008 before it. 2. The complainant had taken a loan for purchase of two wheeler vehicle from the opponent. Two wheeler vehicle was purchased from the Royal Auto Camp. Opponent/Bank has issued a cheque in respect of amount in favour of Royal Auto Camp. The complainant received photocopies of the documents of the vehicle and key from the opponent/Bank. The complainant was told that the original papers would be delivered after the loan was repaid. Since the term of insurance policy expired, the complainant demanded the original papers from the opponent/Bank. Since the original papers have not been received, complainant could not take insurance of his vehicle and he stopped plying the vehicle. The opponent/Bank filed a proceeding with the Deputy Registrar, Co-operative Societies against the complainan...
Union of India Through General Manager Thane Vs. Mrs. Meenakshi Patank ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Oct-21-2013
Dhanraj Khamatkar, Member: [1] This appeal takes an exception to an order dated 31/01/1998 passed by the District Consumer Disputes Redressal Forum, Thane in Consumer Complaint No.208 of 1995, Mrs. Meenakshi Patankar Vs. The General Manager, Telecom District Kalyan. The facts leading to this appeal can be summarized as under:- [2] Respondent/original Complainant Smt. Meenakshi Patankar (hereinafter referred to as the Complainant for the sake of brevity) had applied for a telephone connection under the Tatkal scheme of the Appellant/original Opponent (hereinafter referred to as the telecom service provider for the sake of brevity). Accordingly, she paid an amount of Rs.1,000/- for the same. On receiving a demand for payment of an amount of Rs.29,000/- she paid the same on 21/09/1994. The Complainant alleged that as per the Tatkal scheme, the telephone connection should have been installed within a period of fifteen days. However, the telecom service provider installed the connection on...
Kasturibai Venkat Patil and Another Vs. Venkat Vishwambar Patil
Court: Mumbai Aurangabad
Decided on: Oct-19-2013
Oral Judgment: 1. RULE. By consent, Rule made returnable forthwith. By consent, heard finally. 2. The petitioner, claiming to be the wife of the respondent, filed an application for maintenance as contemplated u/s 125 of the Code of Criminal Procedure, for herself and for her minor daughter - Gayatri. The learned Magistrate, after holding due inquiry in the matter, directed the respondent to pay maintenance @ Rs.800/- p.m. tothe petitioner and @ Rs.400/- p.m. to the said Gayatri. The respondent approached the Sessions Court by filing revision application challenging the order of maintenance, passed by the learned Magistrate. The learned Additional Sessions Judge, Biloli, District Nanded, who heard the revision application, allowed the same, partly. The learned Additional Sessions Judge cancelled the order of maintenance so far as it related to the petitioner herein, but maintained the order directing the maintenance to be paid to the minor daughter Gayatri. The petitioner is aggrieved ...
Srikant Balwant Nalawade Vs. Bajarang Yashwant Nimbalkar and Others
Court: Mumbai
Decided on: Oct-19-2013
Oral Judgment: 1.Rule. 2. Learned Advocate Mr.P.M.Arjunwadkar waives service on behalf of Respondent nos. 1 to 8 and 9A. Respondent No.10 is already deleted in trial. Learned Advocate for the Petitioner Mr.Vijay Killedar upon instructions prays for withdrawal of Regular Civil Suit No.92 of 2007 presently pending on the file of the learned Civil Judge, Senior Division, Jaisingpur in respect of Defendant nos.11A to Defendant No.25 as according to him these Defendants have executed a sale deed dated 26.8.2013 and 23.9.2013 so as to dispose of their share in respect of the property namely revision survey no.5 being the suit property. The Petitioner to carry out the job of deletion of Defendant Nos.11A to 25 on or before 18.11.2013 in the trial Court. 3. On account of deletion of the original Defendant Nos.11A to 25 who are equally the Respondents in this Court, the Respondent nos. 1 to 8 and 9A in this Petition turn out to be the contesting Respondents who waives service of notice. In view...
The New India Assurance Co. Ltd. Vs. Smt. Alpa Rajesh Shah and Others
Court: Mumbai
Decided on: Oct-19-2013
A.S. Oka, J. 1 By this appeal, the appellant the New India Assurance Company Limited has taken an exception to the Judgment and Award dated 23rd September 2011 passed by the learned Chairman of the Motor Accident Claims Tribunal, Mumbai in a claim petition filed by the respondents under section 166 of the Motor Vehicles Act, 1988 (for short the said Act). The claim for compensation was made on account of death of one Rajesh Shah in a vehicular accident on 18th February 1989. The first respondent is the widow of the deceased Rajesh. The second respondent is the minor son of the deceased Rajesh and the third respondent is the mother of the deceased Rajesh. To the original claim petition, even the father of the deceased Rajesh was made a party who died during the pendency of the claim petition. Thereafter, his name has been deleted. 2 The case made out in the claim petition was that on 18th February 1999, the deceased Rajesh was proceeding by a car on Mumbai Pune highway. The accident occ...
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