Mumbai Court March 2013 Judgments
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Somnathappa Vs. Motilal and Others
Court: Mumbai Aurangabad
Decided on: Mar-08-2013
Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 2. This writ petition takes exception to the order dated 15th December, 2010 (Annexure-F) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit115 in Regular Darkhast No. 55 of 2004 and order dated 15th December, 2010 (AnnexureH) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit1 in Regular Darkhast No. 44 of 2004 thereby dismissing the Execution Petition on the point of limitation. It is further prayed that, Regular Darkhast No. 55 of 2004 may be restored to its original position. . The petitioner herein, is the plaintiff in Regular Civil Suit No. 271 of 1976. 3. It is the case of the plaintiff herein, that, on 15th December, 1973 father of petitioner namely Nagnathappa s/o Tatyaappa Halge had allotted property worth Rs. 2,00,000/to his son Prabhuappa Halge out of his self acquired property but the aforesaid Nagnathappa had enjoyed the posses...
Saw. Megha W/O Madan Nayak Vs. Madan S/O Rustumrao Nayak
Court: Mumbai Aurangabad
Decided on: Mar-08-2013
Oral Judgment: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. This Misc. Civil Application is filed praying for the relief that the H.M.P. No.158/2012 filed before the Civil Judge, Senior Division, Washim may be transferred in the Court of the 2nd Jt. Civil Judge, Senior Division, Nanded for final adjudication. 3. It is the case of the applicant that she is legally wedded wife of the respondent. The marriage took place on 23.2.2008 at Hadgaon, District Nanded. It is the contention of the applicant that, in the marriage, the mother of the applicant gave Rs. 3,51,000/- cash amount and Rs.2,50,000/- towards marriage expenses. It is further the case of the applicant that the respondent is the adopted son of the deceased Rustumrao, who died leaving behind two wives namely Lilabai and Ranjanabai. The respondent is the real son of Nandabai w/o Vinayak Nayak, Resident of Rithad and Rustumrao is the real uncle, who adopted him as his son. 4. It is further the ...
Ramchandra @ Rama Shankar Madane Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-07-2013
Oral Judgment: (Smt. V.K. Tahilramani, J.) This appeal is directed by the appellant-original accused against the judgment and order dated 13.6.2007 passed by the learned Sessions Judge, Satara in Sessions Case No.125 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and to pay a fine of Rs.500/- in default RI for one month. 2. The prosecution case briefly stated, is as under: The appellant was the husband of Kasabai (deceased). They had one son i.e. P.W. 1 Deepak and two daughters i.e. Manda and P.W. 7 Kunda. They were residing at 'Date-Vasti', Phaltan, District Satara. The occupation of the appellant and the deceased was fishing. Every night the appellant and the deceased used to go to Banganga river at about 10.00 p.m. for fishing and used to return by 3.00 a.m. At the time of the incident, Kunda had come to the house of the appellant and the deceased for delivery. It is the prosecutio...
Kishor Shridharrao Mhaske Vs. Maharashtra Obc Finance and Development ...
Court: Mumbai
Decided on: Mar-07-2013
A.P. Bhangale, J. 1. Rule. Heard by consent finally. Perused affidavits on record. 2. The petitioner has questioned legality of the impugned transfer order dated 30-05-2012 passed by the respondent no. 1, Maharashtra OBC Finance and Development Corporation, a Government Sector Organization established with an object of upliftment of Other Backward Community by promoting the self-employment, having its office at Mumbai. 3. It is case of the Petitioner that he was posted as Clerk with effect from 03-01-2000 with the Respondent no. 1. Initially his services were temporary but due to his good track record the services were made permanent. He was promoted with effect from 01-12-2003 as Accountant and also promoted as District Manager with effect from 01-07-2005. On 30-05-2011 by letter dated 30-05-2012, he was transferred to the office of the District Manager, Mumbai as then District Manager Smt V.V. Kesarkar was retiring and the post was falling vacant. But surprisingly and hastily, when t...
Vadilal Kuverji Gada Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-07-2013
P.C. Heard the learned counsel for the respective parties. 2. This is an application for bail by a 46 years builder, who is arrested in connection with C.R.No.33 of 2013 for the offences punishable under Sections 376, 420 and 506(II) read with Section 34 of the Indian Penal Code registered with Santacruz Police Station, Mumbai and who is alleged to have taken advantage of 31 years old victim's estrangement with her husband, provided shelter to the victim and then exploited her for a period of three years from 2008 to 2011. The learned counsel for the intervener/first informant as well as the learned APP state that the applicant has been threatening victim to withdraw the proceedings. The learned counsel for the intervener/first informant also made available for my perusal an Affidavit which the first informant was made to sign. She also seems to have given a report of the non-cognizable cases about threatening calls which she has received. Even so considering nature of allegations made...
Manilal Sunderji Doshi Vs. Kamal Manilal Doshi and Others
Court: Mumbai
Decided on: Mar-07-2013
1. The plaintiff is the husband of the deceased Vilasgauri Manilal Doshi. He has applied for the probate of the last will and testament of his wife dated 15th April 1970. The Caveators/Defendants are three of his sons. The deceased as well as the plaintiff executed their separate and independent wills on 15th April, 1970. They have essentially bequeathed their estate to one another and if the other predeceased the Testator/Testatrix to their children equally. They have five sons and one daughter. 2. Soon after the execution of the will, on 2nd June, 1971 they have executed a deed of trust in which the plaintiff is the settlor of the property called Ujam Vilas which is a building in which the family resided. Both the deceased as well as the plaintiff are the trustees thereunder. The children are beneficiaries thereunder. 3. The wills have been executed by both the parties on the same day at the same time in the office of the Attorneys of the plaintiff attested by one of the then Solicit...
Shekhar Chandrakant Nadkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-07-2013
Oral Judgment: (Smt. V.K. Tahilramani, J.) This appeal is directed by the appellant-original accused against the judgment and order dated 20.02.2007 passed by the learned Additional Sessions Judge and Special Judge for SEBI Act in Sessions Case No.941 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs.5000/- in default R.I. for two months. 2. The prosecution case briefly stated, is as under: (a) Mangal (deceased) was the daughter of PW 5 Siddharth and Gajubai. They used to reside in Dharavi, Mumbai. Gajubai used to work in the house of PW 6 Chetan Gandhi as maid servant. Chetan Gandhi was residing at Flat No.7, 2nd Floor, Yashodhan Building, Opp. Municipal School at Sion, Mumbai. PW 1 Nilima was also working in the house of Chetan Gandhi as a maid servant. PW 1 Nilima used to reside in the house of Chetan Gandhi whereas Gajubai, the mother of Mangal used to...
Sejal Dharmesh Ved Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Mar-07-2013
P.C. The applicant-wife has challenged the order of the Court of Sessions at Greater Bombay dated 27.10.2010 holding that her application under the Prevention of Women from Domestic Violence Act, 2005 (D.V Act) is not maintainable because she was not in any domestic relationship. 2. The applicant married on 04.05.1999. She lived with her husband in the US. There are two issues from the marriage. She returned to India on 11.02.2009. 3. She filed her application under the D.V Act on 18.01.2010. 4. The learned Judge has considered that under these circumstances, she having come to India in February, 2009 and having filed this application in January, 2010, there was no domestic relationship between the parties. The learned Judge has considered the definition of domestic relationship. Of course, that relationship is defined to be one of which the party then lived and had earlier lived. That would be during the subsistence of the union between them. The application under the D.V. Act could b...
Krishna Harischandra Rao and Others Vs. the State of Maharashtra and O ...
Court: Mumbai
Decided on: Mar-07-2013
Oral Order: (Chief Justice) This petition purporting to be public interest petition is filed by five petitioners for challenging the appointment of respondent No.2-Mr.Ratnakar Gaikwad as the State Chief Information Commissioner under Section 15(1) of the Right to Information Act, 2005. Petitioners nos. 1,3 and 4 had also applied for the said post. However, petitioners Nos. 2 and 5 had not applied for the said post. 2. Petitioners Nos. 1, 3 and 4 contend that they are actively disseminating knowledge and practical inputs among Right to Information applicants and other citizens and that are widely networked with RTI activists around the country and are opinion-leaders. They are frequently invited to impart training in RTI to various citizens, groups, NGOs and government organizations. 3. Petitioner No.1, arguing in person on behalf of all the petitioners, stated at the outset that as the impugned appointment was made in June 2012, the petitioners are not relying on the judgment dated 13 ...
Radha Sagar Mal @ Raju Mal Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-07-2013
Oral Judgment: (Smt. V.K. Tahilramani, J.) This appeal is directed by the appellant-original accused against the judgment and order dated 13.04.2007 passed by the learned 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.1018 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs.5000 in default R.I. for one year. 2. The prosecution case briefly stated, is as under: (a) PW 1 Payal is the first informant in the present case. She is the sister of Anjali (deceased). PW 2 Kajal was also the sister of Anjali. At the time of the incident, PW 1 Payal, her sister PW 2 Kajal and two children of Kajal were residing in Room No.12 on 3rd Floor in MHADA Building No.10, P.M.G.P. Colony, Malad, Mumbai. About 1 and 1/2 months prior to the incident, deceased Anjali along with the appellant who is her husband came to reside with PW 1 Payal. The appellant w...
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