Mumbai Court April 2013 Judgments
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Bhausaheb Ramchandra Barkade Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-25-2013
P.C. Heard the learned Counsel for the applicant and the learned APP for State. Perused papers. 2. This is an application under Section 439 of the Code of Criminal Procedure, 1973. It is the case of the prosecution that on 1st March, 2013 Pratibha Vilas Hasure lodged a report at Vishrambaug Police Station, Sangli alleging therein that her daughter was studying in Veera Velankar Bal Vidyalaya in second standard. The applicant happens to be a teacher who is working on temporary basis since one year. She has alleged that on 23rd February, 2013 her minor daughter was sexually abused by the present applicant in the class room. She has further alleged that her daughter was scared and therefore refused to attend the school on the following day. On the basis of her report Crime No.51 of 2013 is registered at Sangli Police Station against the applicant for offence punishable under Section 354 and 506 of the Indian Penal Code. The applicant is arrested on 1st March, 2013. 3. The learned APP subm...
Milind and Another Vs. State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Apr-25-2013
Oral Judgment: (R.C. Chavan, J.) This application under Section 482 of Criminal Procedure Code is taken up for final disposal at admission stage. Heard the learned Counsel for the parties finally by consent. 2. This application is filed by accused Milind s/o Rambhau Ingle and Sau. Chhaya w/o Milind Ingle mentioned in the charge-sheet which came to be filed on investigation into the report of respondent no.2. The applicants are the sister-in-law of respondent no.2 and sister-in-law's husband. In this case, initially the Investigating Officer was permitted to complete investigation but was directed not to file charge-sheet without the leave of the Court. However, he did so and, therefore, we have the advantage of going through the charge-sheet for the purpose of deciding this application. The applicants were not residing with the respondent no.2 or her husband. There were some short spells of respondent no.2's stay with the applicants. All the allegations made against the present applica...
Rajendra Vs. State of Maharashtra and Others
Court: Mumbai Nagpur
Decided on: Apr-25-2013
Oral Judgment: (Prasanna B. Varale, J.) Rule. Rule made returnable forthwith. Heard finally with the consent of parties. 2. By the present petition, the convict/petitioner is challenging the show cause notices issued by the respondent no.3 as well as the order of proposed punishment passed against him. The controversy involved in the present petition is limited to the proposed punishment awarded to the convict/petitioner for his overstaying and surrendering late to the Jail Authorities after availing the parole leave. It is the submission of the learned counsel Mr. Samundre that though the petitioner, who availed parole leave, surrendered/returned late to the jail on his own accord, had submitted his explanation to the Jail Authorities for his late surrendering. The notices issued against the convict/petitioner and the proposed punishment for late surrendering, as reflected in the notices which is annexed to the reply filed by the State at page 25 Annexure R-III and page 33 Annexure R-...
Ajitpalsingh Vs. State of Maharashtra and Others
Court: Mumbai Nagpur
Decided on: Apr-25-2013
Oral Judgment: (R.C. Chavan, J.) This petition was directed to be listed for final hearing at admission stage by order dated 1.3.2013 and accordingly, it has been finally heard at admission stage. 2. The petitioner has questioned the orders passed by the respondent no.2 Commissioner of Police, Amravati and maintained upon appeal by respondent no.1 Government of Maharashtra rejecting the petitioner's request for grant of an arms licence. The petitioner had first applied for getting arms licence on 26.11.2001. This application was rejected by order dated 2.8.2003 mentioning that after perusal of the application and enquiry conducted by the officers, the prayer was rejected. The petitioner applied to the State Government which remitted the matter back by order dated 17.6.2009. The Assistant Commissioner of Police, Rajapeth Division recommended to the Police Commissioner by letter dated 3.6.2010 that the petitioner should be granted an arms licence. However, again by one line order dated 2...
Seth Gordhandas Sundardas College Through Dept. of Pharmacology and th ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Apr-25-2013
This consumer complaint pertains to supply of defective goods purchased from opponent No.1-Coulter Electronics Ltd. which carried its business in India at the time of supply of defective equipments and filing of the consumer complaint through its Branch Office-original opponent No.2-Coulter Products Division at Mumbai and now carrying its business activities in India through a company constituted under the Indian Companies Act, namely, opponent No.2-Bechman Coulter India Pvt. Ltd.. 2. It is the case of the complainant-Seth Gordhandas Sundardas College Kind Edward VII Memorial Hospital (Rs.K.E.M.Rs. in short), Hospital and Medical Education Institute, run by a Local Body-Brihanmumbai Municipal Corporation, that for use in Department of Pharmacology, after considering the various offers, selected the machine manufactured and supplied by opponent No.1-Coulter Electronics Ltd., namely, Coulter Multisizer II machine for a total consideration of INR 10,91,194/-. Accepting the quotation, the ...
Adnan Abu Athar Bakshi and Others Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Apr-25-2013
NareshH. Patil, J. Heard finally, by consent of the learned counsel appearing for the respective parties. 2. The Application is moved for final disposal by the learned counsel appearing for the parties, as the parties have settled the dispute amicably. Consent Terms are filed on record. Both the parties are before the Court and are identified by their respective counsel. Consent Terms and Verification made by the parties, namely, Adnan Abu Athar Bakshi (Applicant No.1) and Mir Irshad Ali Mir Mahammad Ali (Respondent No.2), is taken on record and marked as "X" for identification. 3. It is contended by the Applicants that Applicant No.3 is a Managing Director of a Tours and Travels Company, namely, "Sky Ship International Pvt. Ltd."(For short "said company"). An agreement was executed between every Hajji and the said Company wherein the terms and conditions were incorporated to avoid any complications to Hajjis during their Hajj tour. It is submitted by the Applicants that for the year 2...
Rohit and Another Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Apr-25-2013
Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. The petitioners/ landlords of the premises, have sought quashing of proceedings pending before the learned Judicial Magistrate, First Class, Aurangabad being S.C.C. No.9242/2007, initiated by the respondent No.2 for failure to get lease deed agreement registered. 3. The respondent No.2 has taken godown from the petitioners on 1.6.2001 on monthly rent of Rs.1000/-. As per Section 55 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the "said Act" for short), a duty is cast on the landlord to get the tenancy document duly registered which is mandatory. According to respondent, in spite of his request and demand to the petitioners to get executed and registered the agreement of tenancy, the petitioners avoided the tenancy and hence, committed an offence under Section 55 of the said Act. The petitioners question validity, legality of the said process. 4. Mr. Deshmukh, learned counsel for the p...
New Indian Co-op. Bank Ltd. and Others Vs. New India Co-op. Bank Ltd. ...
Court: Mumbai
Decided on: Apr-24-2013
P.C. : 1 This Notice of Motion has been taken out by Respondent No.1 in the Arbitration Petition No. 484 of 2012 and prayed as under: (a) that the Hon'ble Court be pleased to modify order dated 29th January, 2013 and discharge the Court Receiver, High Court, Bombay in respect of property situate at Chilli to Vanila, Mahesh Residencey, Off. Link Road, M.G. Raod, Dahanukarwadi, Kandivali (W), Mumbai 400 067 on such terms and conditions as the Hon'ble Court deems fit and proper; (a)(i) In the alternative the Hon'ble Court may be pleased to grant leave to Respondent No.1 to institute and/or continue legal proceedings against the Court Receiver, High Court, Bombay being Receiver of the said property viz. Property situated at M/s. Vedansh Hospitalities and Resorts Pvt. Ltd.,, Chilli to Vanila, Mahesh Residency, Off. Link Road, M.G. Road, Dahanukarwadi, Kandivali (W), Mumbai 400 067 and also permit Respondent No. 1 and/or its servants and agents to attach, take possession and sell the said pr...
M/S. N.V. Balta Industries and Another Vs. M/S. Tike International and ...
Court: Mumbai
Decided on: Apr-24-2013
P.C. : 1 The Plaintiffs on the basis of the exparte decree passed against the Defendants had taken out the execution to attach the movable and immovable properties of the Defendants. Based upon the averments made in the execution application and the warrant of attachment, the immovable properties of the Applicant have been attached in August, 2010. The Plaintiffs in support of the Affidavit to the Execution Application has not provided any details with regard to the ownership and the title of the properties in question. The basic averments are only to attach the property so described. 2 The property attached is situated at Plot No. 41, Kedia House, J.B. Nagar, Andheri (E), which is stated to be in the name of Defendant No.2. We are concerned only with the Applicant's property who is owner of the property in question. 3 The Applicant averred and relied upon the documents to show his ownership and title of the property : occupation certificate dated 4th June, 1987; the share certificate ...
Um Cables Limited Vs. Union of India and Others
Court: Mumbai
Decided on: Apr-24-2013
Oral Judgment: (Dr. D.Y. Chandrachud, J.) Rule, by consent made returnable forthwith. The learned counsel appearing on behalf of the Respondents waives service on behalf of the Respondents. By consent, the Petitions are taken up for hearing and final disposal. 2. In both the Petitions which form the subject matter of the proceedings, the Petitioner has questioned the legality and validity of an order passed by the Joint Secretary to the Government of India on 24 May 2012 dismissing the revision applications filed by the Petitioner from orders of the appellate authority confirming the rejection of rebate claims. 3. The Petitioner engages in the manufacture of Polyethylene Insulated Jelly filled Copper Cables and Optical Fiber Cables used in telecommunication falling under tariff heading 85.44 of the Central Excise Tariff. The Petitioner has a factory at Silvassa which is registered under the Central Excise Rules with the Central Excise Division- III, Silvassa falling under the Vapi Comm...
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