Mumbai Court May 2013 Judgments
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Parmeshwar and Another Vs. the State of Maharashtra Through Its Secret ...
Court: Mumbai Aurangabad
Decided on: May-08-2013
1. Rule. In view of urgency pleaded made returnable and heard forthwith. 2. The petitioners have questioned validity and legality of the order dated 17th December 2012 passed by the Additional Collector, Beed, District Beed, whereby staying the elections to the post of Sarpanch/Up-sarpanch of Village Panchayat at Mauje Babhulwadi-Belkuchiwadi, Taluka and District Beed. The petitioners also prayed for direction to the Returning Officer for election to Sarpanch and Up-sarpanch in the village panchayat of Babhulwadi, Taluka and District Beed to the effect that petitioners be declared as elected Sarpanch and Up-Sarpanch of group Grampanchayat of Babhulwadi and Bedkuchiwadi, Taluka and District Beed. 3. The facts briefly stated are as under: Returning Officer (Respondent no. 4) for the election to the post of Sarpanch and Up-sarpanch for Grampanchayat, Babhulwadi had issued notices to members of the Grampanchayat to hold meeting in the office of Grampanchayat, Babhulwadi on 17th December 20...
Salitho Ores Pvt Ltd. and Others Vs. the CaptaIn of Ports CaptaIn of P ...
Court: Mumbai Goa
Decided on: May-08-2013
Oral Judgment: (V.M. Kanade, J.) 1. All these Petitions can be disposed of by a common judgment since the Petitioners in these Petitions are challenging the vires of Notification dated 13/08/2009, amended Rule 64D of the Mineral Concession Rules, 1960 and are challenging the instruction dated 10/12/2009 which had been issued by Respondents on the ground that it is contrary to the proviso to section 9(3) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as MMDR Act). 2. Petitioners in these Petitions have been granted mining lease of various plots of lands mentioned in respective Petitions and pursuant to the said lease which has been granted, they have been carrying on mining activities and are selling ore of various grades. The royalty payable by Petitioners in respect of the said mining lease is covered by provisions of section 9 read with Second Schedule to the MMDR Act The contention of the Petitioners in these Petitions is that the said roya...
Shyam C. Moorjani Vs. Director (Hr), Mtnl Corporate Office and Another
Court: Central Administrative Tribunal CAT Mumbai
Decided on: May-08-2013
(Oral) Leena Mehendale, Member (A) In this OA filed on 17.11.2011, the applicant is challenging the charge-sheet issued to him on 19.08.2011 (Annexure A-1). He had earlier approached to this Tribunal in OA No.611/2011 dated 19.09.2011 and it was directed that the Disciplinary Authority should take a decision on the representation of the applicant dated 12.09.2011. Accordingly, the Disciplinary Authority considered the representation and issued order dated 21.10.2011 (Annexure A-11) rejecting the representation. Hence, the present OA is filed once again challenging the charge-sheet. The challenge is mainly on the ground of delay. Although, the learned counsel has mentioned the ground of malafide, he has not explained that, how the Disciplinary Authority can have any ground of malafide against him. Hence, the only question is before us is to see, what is the delay, how it is explained by the respondents and whether it is causing any jeopardy to the applicant, if he is required to undergo...
Manager, Cholamandalam Ms General Insurance Co. Ltd. Vs. Amar Prakash ...
Court: Mumbai
Decided on: May-07-2013
Oral Judgment: This is an appeal by insurance company. 2. The workman had filed claim for compensation under Section 4 of the Employees Compensation Act. The claim was based on the facts that the accident occurred in the course of employment as a Driver of motor tempo No.MH-04-DK-9154. His monthly salary was Rs.8,000/- and he claimed disability which was 100% due to injuries to his right leg and right lower limb. 3. The claim was resisted by the employer as well as by the insurance company. The written statement filed in the trial court on behalf of the present appellant is tendered for perusal of Court. It is also urged by way of a general submission saying that it has become a common practice to make claims which are essentially not proved and the doctors issue certificates almost handy and without proper examination. 4. The learned Advocate for the appellant has placed reliance on reported judgment in 2011 Accidents Claims Journal (volume I) Page 1 (Raj Kumar vs. Ajay Kumar and anot...
The State of Maharashtra and Others Vs. Nihal Ahmed Rais Ahmed Shaikh ...
Court: Mumbai
Decided on: May-07-2013
P.D. Kode, J. The aforesaid Confirmation Case arises out of a reference made by learned Extra Joint Ad-hoc. Additional Sessions Judge, Thane under section 366 of the Code of Criminal Procedure (hereinafter referred as "Code" for the sake of brevity) for confirmation of sentence of death awarded to both accused in Sessions Case No.78 of 2005. The said accused have preferred above stated Criminal Appeal challenging judgment and order of the conviction, sentence of death and so also other sentences awarded to them. 2. By the judgment and order delivered on 28/29th March, 2012, the learned Judge convicted both the accused/appellants for in furtherance of their common intention along with juvenile accused Nasim Muddus Ansari having committed the offences punishable under:- (i) Section 364-A read with Section 34 of Indian Penal Code and sentenced each of them to death for committing murder of one Kumar Nitesh of aged 4 years i.e. son of PW1 Prakash Wadhwa and his wife PW5 Naina, kidnapped an...
Sudhakar Krishna Uthekar Vs. State of Maharashtra
Court: Mumbai
Decided on: May-07-2013
Oral Judgment: (P.D. Kode, J.) The appellant-original accused assails the judgment and order dated 24th March, 2006 passed by the learned Sessions Judge, Raigad-Alibag in Sessions Case No.176 of 2003, convicting him for committing the murder of his wife and sentencing him to suffer imprisonment for life and to pay a fine of Rs.100/-, and in default of payment of fine to undergo simple imprisonment for seven days. 2. According to prosecution, the appellant alongwith wife Archana and two sons Sujit and Ajit was residing at Boravale, Taluka Poladpur, Dist. Raigad. The appellant was often falling sick and used to quarrel with Archana on suspicion of herself having committed some sort of witchcraft upon him. 2.1. PW1 Dnyaneshwar Kank is husband of Savita, sister of the appellant. He was working as Security Guard in 'Hycal Company' at Nangalwadi. On 8th May, 2003, at about 10.30 hrs, the appellant alongwith wife and children came to the house of PW1. On the said day, at about 7.00 p.m., appe...
Vilas Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: May-07-2013
Oral Judgment: (P.B. Varale, J.) By this Appeal, the appellant / original accused is challenging the judgment passed by the learned Additional Sessions Judge, Buldhana, thereby convicting the accused / appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default of which to undergo further rigorous imprisonment for four months. 2. Facts as are necessary for the decision of this appeal may briefly be stated thus : The marriage of the victim Sarla and the appellant / accused had solemnized sometime in 2004 and the couple was blessed with one child namely Vishal. Though in the initial period of marital life of couple everything was well, subsequently after 5-7 months of the marriage, the accused and his parents were picking up quarrels with Sarla on trifle grounds and consequently the couple was separated from each other. Thereafter, victim Sarla and her s...
Nagpur Distillers Pvt. Ltd. and Another Vs. Kopargaon Sahakari Sakhar ...
Court: Mumbai Aurangabad
Decided on: May-07-2013
1. Rule. Rule made returnable forthwith. By consent, heard finally. 2. Since a common issue of transfer of Suit Nos. 6 of 2011, 7 of 2011 and 8 of 2011, pending before the District Court, Kopargaon to the District Court at Nagpur, is involved in these Misc. Civil Applications, they are being disposed of by this common judgment. Misc. Civil Application No. 28 of 2012 is filed for transfer of Suit Nos. 7 of 2011 and 8 of 2011 and Misc. Civil Application No.29 of 2012 is filed for transfer of Suit No. 6 of 2011. All these three suits are instituted by the respondent No.1 in these Misc. Civil applications against the applicants, before the District Court, Kopargaon. 3. (a) It is the case of the applicants that the applicants are the private limited companies duly registered under the provisions of Companies Act, 1956 and also successfully carries on business as distillers, manufacturers and sellers of country liquor, likewise, its products HINDI and HINDI form the subject of the controvers...
The Mapusa Municipal Council Vs. Mrs. Krupa Hallikar and Others
Court: Mumbai Goa
Decided on: May-07-2013
Oral Judgment: 1. This is a common order on the above two petitions between the same parties which petitions have been, by the order dated 7th March, 2013, directed to be disposed of finally at the stage of admission. 2. Writ Petition No.76/2013 is directed against the award dated 1st April, 2011 passed by the Industrial Tribunal directing reinstatement of respondent no.1 with full backwages and continuity of service. Writ Petition No.114/2013 is directed against the award dated 11th December, 1998 of the Industrial Tribunal declaring that respondent no.1 along with eight others was a permanent workman of the petitioner with effect from 24th February, 1995. The petitioner is a Mapusa Municipal Council. 3. The factual matrix of the two petitions is as under: Respondent no.1 was engaged as a daily wage labourer with effect from 20th May, 1985. Since respondent no.1 and eight others similarly employed had been continued in service as daily wage workers for more than four years and were be...
Rahul Vs. State of Maharashtra Through Its Minister, Animal Husbandary ...
Court: Mumbai Nagpur
Decided on: May-07-2013
Oral Judgment: By this petition, the petitioner impugns the order passed by the respondent no.1, the Hon'ble Minister for Animal Husbandary and Dairy Development, on 28.11.2002 remanding the matter to the Joint Registrar, Co-operative Societies for a fresh decision on the same. 2. The Magasvargiya Pashu Va Pakshi Palan Sahakari Sanstha is a society registered under the provisions of Maharashtra Co-operative Societies Act, 1950 (sic). On the said society, the respondent No.5 was appointed as an administrator. The petitioner is the chairman of the society. According to the petitioner, the bye-laws of the society were amended as per the guidelines of the State Government. The amendment was carried out after seeking the approval of the Assistant Registrar of the Co-operative Societies. The respondent Nos.6 to 15 were aggrieved by the order granting permission to amend the bye-laws and hence challenged the same before the Divisional Deputy Registrar, Cooperative Societies, Nagpur. The Divis...
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