Mumbai Court March 2013 Judgments
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Div Manager Bajaj Allianz General Insurance Co Ltd. Vs. Smt. Minakshi ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-22-2013
Narendra Kawde, Member 1. This appeal takes an exception to an order dated 10th August, 2010 passed in Consumer Complaint No.133/2009, by the District Consumer Disputes Redressal Forum, Kolhapur. The District Forum upholding the contentions of Complainants who are Respondents, rendering deficiency in service in not settling the payable insurance claim on account of the Complainants father, directed Appellant/Opponent to pay an amount of Rs.1,00,000/- together with interest @9% per annum effective from 19.11.2008 and also directed to pay an amount of Rs.2,000/- for mental agony and Rs.1,000/- towards costs of the litigation. Aggrieved thereby the Appellant/Opponent Insurance Company preferred this appeal on the ground that the driving licence was not produced for settlement of claim and therefore, Insurance claim was rightfully rejected. 2. Heard Mr.S.R. Singh, Advocate for the Appellant and Mr.Jayantr Bardeskar, Advocate for the Respondents. 3. Admitted facts are that the vehicle calle...
Dr. Raosaheb A. Shinde Vs. the State of Maharashtra, Through the Princ ...
Court: Mumbai
Decided on: Mar-21-2013
S.J. Vazifdar, J. 1. The petitioner seeks an order directing the respondent nos.1 to 3 to absorb his services on the post of Principal of Arts, Commerce and Science College, Kalwan, and to grant him continuity of service from 1.2.2012 till he attains the age of 65 years, as well as consequential benefits pursuant thereto. 2. The respondent nos.2 and 3 are the Joint Director, Higher Education, Pune, and the Registrar of Pune University respectively. The respondent no.4 is the Chairman of Kalwan Education Society which runs a Arts, Science and Commerce College at Kalwan in Nashik District. 3. The petitioner was appointed as the Principal of the college in July 1983. His appointment was approved by the University of Pune on 12.6.1984. The said college is affiliated to the Pune University and receives 100% grant-in-aid from the State of Maharashtra. 4. The petitioner completed the age of 60 years on 31.01.2011. He, therefore, retired from the post on the same day. The petitioner however cl...
Leighton Welspun Contractors Pvt. Ltd. Vs. Oil and Natural Gas Corpora ...
Court: Mumbai
Decided on: Mar-21-2013
S.J. Vazifdar, J. The petitioner seeks a writ of certiorari to quash and set aside a Notification of Award (NOA) dated 19th December, 2012, issued by respondent No.1 Oil and Natural Gas Commission (hereinafter referred to as "ONGC") in favour of respondent No.2 Larsen and Toubro Limited (hereinafter referred to as "LandT") and an order directing ONGC to award the contract relating to the tender in question to it. The petitioner has also sought a declaration that respondent No.2 is not eligible to be awarded the contract and/or to further participate in the tender in question on account of it having allegedly breached the terms and conditions of the Instructions to Bidders and the Integrity Pact. 2. We will summarize the questions that fall for consideration after narrating the facts leading to the contract being awarded in favour of LandT. 3A. On 28th February, 2012, ONGC invited bids for the scope of work described in the bidding documents, which included surveys, design engineering, ...
Lavu R. Konduskar Vs. State of Goa and Others
Court: Mumbai Goa
Decided on: Mar-21-2013
Oral Judgment: (A.P. Lavande, J.) By this petition, the petitioner had sought for the following reliefs: (A) This Honourable Court be pleased to issue an appropriate writ, order or direction from this Hon'ble Court to quash and set aside the impugned communication dated 28.07.2006 issued to the petitioner by the respondent no.3. (B) This Hon'ble Court also be pleased to issue an appropriate writ, order or direction, commanding the respondents to grant the benefits of the said amendment to the petitioner and consequently to continue the petitioner in service till the age of 60 years; (C) In the alternative and at any rate, this Hon'ble Court be pleased to issue an appropriate writ, order and direction to strike down the cut off date of 18.04.2006, i.e. the date on which the said amendment came into force and consequently the teachers, such as petitioner whose date of birth is between 01.04.1948 and 17.04.1948 are also awarded the enhanced age of superannuation of 60 years; (D) Pending t...
Mrs. Jayshree W/O Parmeshwar Patil Vs. Parmeshwar Alias Ghanshyam S/O ...
Court: Mumbai Aurangabad
Decided on: Mar-21-2013
Oral Judgment: Rule. Rule made returnable forthwith. With the consent of the parties, heard finally. 2. This Misc. Civil Application seeks transfer of Hindu Marriage Petition No. 343 of 2012 filed by the respondent husband against the applicant wife for annulling of marriage, pending before the Court of the Civil Judge, Senior Division, Jalgaon to the Family Court, Aurangabad. 3. The back ground facts leading to file this application as disclosed in the application are as under:- It is the case of the applicant that, the applicant married with the respondent on 26th April, 2012 as per Hindu rites and customs at Khajole, Taluka Pachora District Jalgaon. The father of the applicant has spent amount of Rs.3,00,000/- in marriage in addition to dowry of 110 gms. of gold int he form of ornaments. It is further case of the applicant that, the applicant returned to her maternal home on 30th April, 2012 and after attending the wedding returned to her matrimonial home on 5th May, 2012. It is cas...
Vijaykumar A. Caroicar and Another Vs. the State of Goa, Through Its C ...
Court: Mumbai Goa
Decided on: Mar-21-2013
Oral Judgment: (A.P. Lavande, J.) By this petition, the petitioners has sought for the following reliefs: (a) This Honourable Court be pleased to grant an appropriate writ, order or direction commanding the respondents to grant the benefit of the said amendment to the petitioners and consequently to continue the petitioners in service till the age of 60 years; (b) In the alternative this Honourable Court be pleased to grant an appropriate writ, order and direction to strike down the cut off date of 18.04.2006 i.e. the date on which the said amendment came into force so as to the teachers as that of the petitioners whose date of birth is between 01.04.1948 and 17.04.1948 are also awarded the enhanced age of superannuation of 60 years; (c) In the alternative, this Honourable Court be pleased to expeditiously decide the present petition by fixing a peremptory date; (d) This Honourable Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate w...
Regional Passport Officer Vs. Damodar Babal Shirodkar and Another
Court: Mumbai Goa
Decided on: Mar-21-2013
Oral Judgment: The petitioner is the Regional Passport Officer, who seeks to challenge the Order dated 18.07.2012, passed by the learned J.M.F.C., Margao, on Criminal Misc. Application No.314/2012, partly allowing the said application and granting a declaration of the date of birth of the Respondent. 2. The brief facts leading to the present Petition are that on discovery by the Respondent that his passport bearing No.A6306713 wrongly mentions his date of birth as 10.10.1965 instead of 10.10.1967, he filed Criminal Miscellaneous Application in the Court of the Judicial Magistrate, First Class at Margao, under Section 5(2) of the Passport Act, 1967, Section 21 of General Clauses Act 1897 and under Registration of Births and Deaths Act, 1969, for carrying out the correction therein. The application was partly allowed to grant a declaration of the correct date of birth but rejecting request for direction to the petitioner to carry out the correction in the passport. The reasons set out fo...
Devappa Shaba Naik Dessai and Others Vs. Kesar Ganesh Naik Dessai, (Ex ...
Court: Mumbai Goa
Decided on: Mar-21-2013
This appeal arises out of the Judgment and Award dated 20/6/2005 passed by the learned Additional District Judge, South Goa at Margao in Land Acquisition Case No. 15/1996. 2. Facts giving rise to the appeal are as follows: The Government had acquired land for construction of road from Fatorpa to Cuncolim (Palki road) Phase-I. This included an area of 600 square metres of the property bearing survey no. 34/3 of Village Fatorpa. The award came to be passed by the Land Acquisition Officer on 22/12/1993. Since there was a dispute regarding the apportionment of compensation, a reference under section 30 of the Land Acquisition Act, 1894 was made by the Land Acquisition Officer to the District Judge, South Goa, which came to be registered as Land Acquisition Case No. 15/1996. 3. The parties no. 1 to 5, 8, 11, 12 and the legal heirs of Parties No. 6, 7, 9 and 10 filed their common written statement dated 20/8/1998 in which they stated as under: They are entitled for entire compensation since ...
Rajesh Ramchandra Shinde and Another Vs. Vinayak Sadashiv Dixhit, Admi ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-21-2013
Narendra Kawde, Member 1. Both these appeals are directed against the order in consumer complaint No.43/2011 (Rajesh Ramchandra Shinde V/s. Shri Vinayak S. Dixit, Manager, Oriental Insurance Co. Ltd.) and consumer complaint No.44/2011 (Shashikant Tukaram Shinde V/s. Shri Vinayak S. Dixit, Manager, Oriental Insurance Co. Ltd.) decided on 17/09/2011 by District Forum, Satara, thereby dismissing the consumer complaints filed by the present appellants/complainants. District Forum dismissed both the consumer complaints on the point of limitation. 2. Aggrieved thereby appellants/org. complainants preferred separate appeals bearing Nos.554/2012 and 555/2012 against the impugned order on the ground that the point of limitation to file claim was not properly appreciated by the District Forum though the claim of the complainant was repudiated by the respondent/opponent-Insurance Company on the ground of limitation and on the policy condition directing submission of ear-tag of the insured animal...
idbi Trusteeship Services Limited Vs. Kiri Industries Limited and Othe ...
Court: Mumbai
Decided on: Mar-20-2013
By this petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act' for short), petitioner seeks an order and direction against the respondent to deposit in this Court an amount to the extent of Rs.43,63,0149/- with liberty to the petitioner to withdraw and/or furnishing the bank guarantee in the like amount, injunction against the respondents in respect of the mortgaged properties described in Exhibit-A to the petition and for appointment of Court Receive. Some of the relevant facts for the purposes of deciding this petition are as under. 2. The first respondent wanted to raise a debt for the purposes of repayment of long term loans, general corporate purposes and long term working capital requirements. Vide two letters dated 28th July 2011, the petitioner gave its consent to the first respondent for acting as the Debenture Trustee for such fees and on the terms and conditions mentioned in the said two letter. The first respondent ac...
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