Mumbai Court December 2013 Judgments
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Sunil Daulat Patil Vs. the State of Maharashtra, Through Secretary of ...
Court: Mumbai Aurangabad
Decided on: Dec-04-2013
1. Rule. Rule made returnable forthwith. By consent heard finally. 2. The relevant facts, leading to file present petition as disclosed in this writ petition are as under: The petitioner herein was elected as Sarpanch of Tambole Grampanchayat. It is his case that he has discharged the duties honestly and effectively. He conducted Gramsabha, Special meetings and Women Gramsabha in time and as per the requirement of law. Respondent No.5 herein is political rival of the petitioner, who initiated the proceedings of disqualification before two different authorities i.e. respondent No.2 under Section 39(1) of the Bombay Village Panchayats Act, 1948 (Hereinafter referred to as "Said Act" for short) and another proceeding under sections 7 and 36 of the said Act. 3. On 26.09.2012, respondent No.5 and other persons filed an application praying therein for initiating the action under Section 39 of the said Act with the Commissioner. The Commissioner remitted the matter for enquiry to respondent N...
imtiyaz Afzal HussaIn Shaikh Vs. the Asst. Commissioner of Police Wana ...
Court: Mumbai
Decided on: Dec-04-2013
Oral Judgment: (A.S. Oka, J.) Rule. The learned APP waives service for the Respondents. Forthwith taken up for final disposal. The challenge in this petition is to the order dated 22nd April, 2013 passed by the Deputy Commissioner of Police under clause (b) of Subsection (1) of Section 56 of the Bombay Police Act, 1951 (for short the said Act). The challenge is also to the order dated 15th July, 2013 passed by the Appellate Authority by which the order of the Deputy Commissioner has been confirmed. By the impugned order of the Deputy Commissioner, the Petitioner has been ordered to be externed from Pune City and Pune District for a period of two years. 2. The first submission of the learned counsel appearing for the Petitioner is that there is no subjective satisfaction recorded by the Deputy Commissioner that due to prejudicial activities of the Petitioner, witnesses are not willing to depose against the Petitioner. He relied upon a decision of the Division Bench of this Court in the ...
Azizulrahaman and Others Vs. the Nagpur Municipal Corporation, Civil L ...
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: (B.P. Dharmadhikari, J.) 1. The challenge in Writ Petition No.3795 of 1997 filed by three individuals is to the Resolution dated 2/12/1997 thereby promoting the Junior Engineers as Deputy Engineers. It is not in dispute that the present petition came to be filed on 26/12/1997 and the said Resolution promoting the eight persons came to be implemented on 1/1/1998. The petitioners also challenge the seniority list on the basis of which these eight persons have been promoted and seek direction to respondent No. 1/Nagpur Municipal Corporation to prepare a cadre-wise seniority list of Assistant Engineer-II and Sectional Engineer independently based upon the length of service at a particular post w.e.f. 1/4/1981. On 7/10/1998 the petition has been amended to add prayer to direct the Corporation to act upon the office note dated 1/1/1998. The persons promoted have later on been impleaded as Intervenor/respondent Nos. 2 to 9. 2. In Writ Petition No.667 of 1999 the petitioners see...
The Union of India, Through the General Manager Vs. Shaikh Chand Pasha
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: 1. This appeal is preferred against the Judgment and Award dated 21st September, 2010 delivered by Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.1/OA-II/RCT/NGP/2009 whereby the Member (Judicial) of the Tribunal was pleased to allow the Claim Application and granted compensation in the sum of Rs.3,20,000/- with interest payable thereof @ 6 % p.a. from the date of application till the date of realisation. 2. The facts, briefly stated, are as under: That the respondent (Claim applicant) Sk. Chand Pasha Sk. Shabbir was travelling from Nanded to Navi Peth Railway Station by Nanded Kachiguda passenger Train No.594 on 19.8.2008., The claim applicant was travelling along with his friend Sk. Shadul. The claim applicant had purchased ticket bearing no.62615964 from Nanded to Navi Peth. It is the case of the applicant that he fell down from the train when the train was near Mudkhed Railway Station due to sudden jerk and heavy rush in the train compartment. ...
The Union of India, General Manager Vs. Mangalabai and Others
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: 1. This appeal is preferred against the Judgment and Award, dt.28.9.2011 delivered by the learned Member (Judicial) of the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.200/OA-II/RCT/NGP/2008 whereby compensation was awarded in the sum of Rs.4,00,000/- along with interest @ 6 % p.a. on the amount of compensation awarded from the date of order till realisation. 2. The facts, briefly stated, are as under: That the Claim Application was filed by the widow, daughter and minor son of deceased Manohar Darunde. Deceased Manohar was travelling by Nagpur Bhusawal Passenger train for going to Wardha from Sindi Railway Station. After Manohar boarded the train, he found that the compartment was heavily crowded with passengers. Therefore, he was standing in the place at the doorway of the bogie. Due to sudden jerk as well as push by the co-passengers, Manohar fell down from the running train between Warud and Seloo road stations at the spot identified as Km. N...
M/S Gammon India Ltd. Vs. Trenchless Engineering Services (P) Ltd.
Court: Mumbai
Decided on: Dec-03-2013
1. By this petition filed under Section 34 of the Arbitration and Conciliation Act, petitioner seeks to impugn interim award dated 22nd July 2013 by which counter claim filed by the petitioner is rejected by the arbitral tribunal on the ground that the petitioner has not deposited the fees of the arbitral tribunal and in view of the respondent refusing to pay the share of fees and expenses the petitioner in so far as hearing of counter claim is concerned. 2. Learned counsel appearing for petitioner invited my attention to the minutes of meeting dated 23rd April 2012 held by the arbitral tribunal. The arbitral tribunal had issued direction to the parties to deposit amounts by way of reading fees, sitting fees and towards out of pocket expenses. It was made clear that both the parties shall share the amount in equal ratio. 3. Learned counsel for the petitioner submits that since April 2013, respondent has been paying the fees of the arbitral tribunal as well as expenses exclusively inclu...
Ramchandra Dagadulal Bangad and Others Vs. Municipal Council, Osmanaba ...
Court: Mumbai Aurangabad
Decided on: Dec-03-2013
Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal. 2. This writ petition is filed challenging the judgment and order dated 14/08/2012 passed below Exhibit-5 in Regular Civil Suit No.408 of 2012 by Joint Civil Judge, Senior Division, Osmanabad which is confirmed by the Adhoc District Judge-1, Osmanabad in Misc. Civil Appeal No.100 of 2012 by its judgment and order dated 23/09/2013. 3. The petitioners herein, are the original plaintiffs. The plaintiffs who are brothers inter-se have filed R.C.S. No.408 of 2012 for declaration that, they are the owners of the suit properties described in Schedule 'A' to 'C' in para-1 of the plaint by virtue of sale deed dated 04/02/1953. They have also sought for a declaration that, defendant No.1 Municipal Council is a rank trespasser on the suit properties described in Schedule 'B' and 'C' and further declaration that, construction of building of Shopping Malls on the said schedule 'B' and...
Kamlakar Vithalrao Padwal Vs. the State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Dec-03-2013
Oral Judgment: 1. Rule. By consent, rule made returnable forthwith. By consent, heard finally. 2. The petitioner is the accused in SCC No.4476/2013, pending before the Judicial Magistrate First Class, Aurangabad. The said 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.2 herein. 3. For the sake of convenience and clarity, the petitioner hereinafter be referred to as 'the accused' and the respondent no.2 as the complainant.' 4. Trial is in progress. The affidavit in lieu of evidence of examination-in-chief, of the complainant's witness, has been filed. The accused, thereafter, made an application that the cheque in question and another document i.e. a document purporting to be a receipt dated 26.3.2013, that had been produced by the complainant, be sent to the hand writing expert for examination and his opinion with respect to the handwriting and signature thereon. The accused specifical...
The Oriental Insurance Company Limited Vs. Tularam and Others
Court: Mumbai Nagpur
Decided on: Dec-03-2013
Oral Judgment: 1. The appellant is aggrieved by judgment and award dated 22.8.2012, passed by the learned Member, Motor Accident Claims Tribunal, Wardha, under Section 166 of the Motor Vehicles Act, 1988 (for short, of the Act), in M.A.C.P. No. 179 of 2008, whereby the learned Tribunal partly allowed the petition holding that respondent Nos.2 and 3 along with appellant - The Oriental Insurance Company Limited, are liable to pay compensation of Rs.96,000/- with interest at the rate of six percent per annum from the date of the petition till realization payable to injured Tularam Gaikwad. 2. The facts in brief, are thus : That on 25.5.2008, at about 7:00 p.m., claimant-Tularam was driving his motorcycle namely Hero Honda CD-Delux, bearing Registration No.MH-32/F-0843 with one Ravindra Patil, sitting as pillion rider, from Kharsoli to his village Jaurwada (Khurd). When claimants motorcycle had reached at Mouza Bela Fata, offending motor vehicle i.e. tractor and trolly bearing Registration...
Oriental Insurance Co. Ltd., Vs. Mohan Govind Pujari and Another
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Dec-03-2013
Oral Order: R. C. Chavan, President: [1] This appeal is directed against an order dated 22/01/2013 passed by the District Consumer Disputes Redressal Forum, Solapur in Consumer Complaint No.425 of 2011, Mr. Mohan Govind Pujari Vs. Oriental Insurance Company Ltd. and Another, whereby the District Forum directed the Appellant herein/original Opponent No.1 to pay to the Respondent No.1/original Complainant an amount of Rs.8,55,700/-, towards indemnification of damage caused to vehicle bearing registration No.MH-13-AG-1771, owned by the Respondent No.1/original Complainant and insured with the Appellant/original Opponent No.1; together with interest thereon @ 9% p.a. as from 17/01/2008 besides an amount of Rs.10,000/- by way of compensation towards physical and mental agony and costs quantified at Rs.5,000/-. [2] Facts which are material for deciding this appeal are as under:- Respondent No.1/original Complainant Mr. Mohan Govind Pujari (hereinafter referred to as the Complainant for the ...
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