Mumbai Court June 2013 Judgments
Smt Manisha Sukhdev Gorde Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jun-28-2013
Oral Judgment: (G.S. Patel, J.) These two Habeas Corpus Writ Petitions are directed against orders dated 21st February 2013 issued by the 2nd Respondent, the detaining authority. In Writ Petition 1288 of 2013, the Petitioner is the wife of the detenu, one Sukhdev Gorde ("Gorde"). Writ Petition 1289 of 2013 is filed by a friend of the detenu in that Petition, one Jamshed Khan ("Khan"). As the facts and grounds of challenge in both Petitions are common, we thought it appropriate to decide both Petitions by a common order. 2. Red sander (or red sandalwood), a species of Pterocarpus santalinus, is native to the Indian sub-continent. It is much in demand in certain overseas markets, particularly for some of its extracts. Its export from India being banned, it presents a lucrative market for smugglers. 3. In substance, the detaining authority's factual narrative runs thus: The Jawaharlal Nehru Port at Nhava Sheva, across the harbour from Mumbai, is a major port that handles a high volume of ...
Tag this Judgment!Bandu S/O. Raghoji Ujwalkar Vs. Bandu @ Vinod Gajanan Sontakke and Oth ...
Court: Mumbai Nagpur
Decided on: Jun-28-2013
Oral Judgment: 1. This appeal questions validity and legality of the impugned judgment and order passed by the learned Member, Motor Accident Claims Tribunal, Yavatmal on 26.3.2013 in Motor Accident Claim No.140 of 1995 whereby the Claim Petition was dismissed with no orders as to costs. 2. Heard the submissions made by the learned Counsel for the respective parties. The grievance of the appellant is that the learned Member of the Motor Accident Claims Tribunal did not apply his mind to the facts established on record and despite documents which were exhibited in evidence such as documents of F.I.R. and Police investigation, Certificates granted from hospital in respect of injuries to the claimant, the information received by the claimant regarding details as to offending motor vehicle, its registration, insurance etc. According to the learned Counsel for the appellant, although the claimant had suffered from permanent disability and produced documentary evidence in support of his clai...
Tag this Judgment!Shapoorji Pallonji and Company Ltd. Vs. Jignesh Shah and Others
Court: Mumbai
Decided on: Jun-27-2013
1. The Plaintiffs Shapoorji Pallonji and Company Limited, have filed the above Suit against Defendant Nos. 1 to 4, who are Partners of Crescent Builders (Defendant No. 5), a Partnership Firm, Defendant No. 6 Municipal Corporation of Greater Mumbai and Defendant No. 7 Shreyas J. Shah, Sole Proprietor of Builtech Constructions. The subject matter of the Suit is the Plot of the Defendant No. 6 Corporation bearing CS Nos. 1/725 and 725 (Part), Malabar Hill Division, Mumbai, admeasuring 17,651.43 sq.mtrs. (hereinafter referred to as the suit property). By the present Suit, the Plaintiffs have inter alia, sought specific performance of the Agreements dated 8th January, 1997, 29th June, 2007, and 24th August, 2007, as well as a declaration that the termination notice dated 12th January, 2010, issued by Defendant No.1 is illegal, invalid, void ab initio and not binding upon the Plaintiffs and a declaration that the Agreement dated 2nd February, 2012, alleged to have been entered into by and ...
Tag this Judgment!Rashtrawadi Kalipiwali Chalak-malak Sanghatana and Others Vs. State of ...
Court: Mumbai Nagpur
Decided on: Jun-27-2013
Oral Judgment: (B.R. Gavai, J.) Rule. Rule made returnable forthwith. Heard the matter by consent of the learned counsel appearing for the parties. 2. The present petition is filed basically for a declaration that the action of respondents of detaining vehicles on account of carrying passengers in excess is violative in law and for award of appropriate compensation. 3. It is the basic contention of petitioners that respondent authority though are not entitled in law in view of the judgment of the Apex Court in the case of State of Maharashtra vs. Nanded-Parbhani, Z.L.B.M.V. Operators Sangh reported at 2000 AIR SC 725, are detaining vehicles of petitioners and not releasing the same for 2 - 3 days. 4. It is also contended of behalf of petitioners that even during the pendency of the petition, vehicles of petitioners have been detained by respondent No.7 as police authorities have now grudged against petitioners on account of filing of the present petition. 5. The allegation of petitione...
Tag this Judgment!Bajaj Allianz General Insurance Co. Ltd. Vs. Tulsidas and Others
Court: Mumbai Nagpur
Decided on: Jun-27-2013
Oral Judgment: The instant first appeal preferred by appellant against the judgment and award passed by the Motor Accident Claims Tribunal, Achalpur on 04/10/2011 granting compensation of Rs.4,12,700/- with proportionate costs and interest at the rate of 6% per annum to the claimants. 2. The narrow dispute between the parties is about the appropriateness of the multiplier and also the quantum of the amount deductible for notional personal expenses of the deceased. Admittedly, the deceased was within the age group of 20 to 25 years. In such cases, normal multiplier considering the judicial precedents may be 17 or 18, but in the present case, it is submitted on behalf of the appellant that the age of the appellants, who are claimants, will also to be considered for determining the just and proper amount of compensation payable to the claimants. It is true that the compensation to be awarded must be just and fair and not the bonanza for the claimants in Motor vehicle accident claim. Beari...
Tag this Judgment!Chetan Stone Crushing Industries and Others Vs. Maharashtra State Fina ...
Court: Mumbai Nagpur
Decided on: Jun-27-2013
Oral Judgment: (Chief Justice) Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. This writ petition is directed against the order dated 19.3.2013, passed by the Debts Recovery Tribunal at Nagpur, rejecting the petitioners' application for setting aside the 'no written statement' order, dated 04.07.2012 in Original Application No.49/2012 filed by the respondent- Maharashtra State Financial Corporation, Nagpur, which is pending before the Debts Recovery Tribunal. 3. Having regard to the fact that the controversy in this petition is about the delay on the part of the petitioners (opponents in the Original Application filed by the respondent-MSFC herein) in filing an application for setting aside the order of 'no written statement', we do not propose to set out the facts in detail. 4. According to the petitioners, the Advocate engaged by the petitioners before the Debts Recovery Tribunal withdrew his appearance by way of a Pursis, without informing the petit...
Tag this Judgment!Suresh S/O Pandurang Kale Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-26-2013
Oral Judgment: 1. This is an appeal against the judgment and order passed by the learned Additional Sessions Judge, Achalpur in Session Trial No.47/2007. The appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.300/-, in default to undergo rigorous imprisonment for two months. 2. The incident in which the victim Satish was injured had occurred on 18-1-2007. One Babanrao had a vacant plot on the backside of house of the appellant. Said Babanrao had asked the victim Satish and his brother Raju to remove thorny bushes from the said plot. The appellant thought that the complainant Raju and his brother Satish (victim) had been removing bushes from the plot of the appellant. There was verbal quarrel between the appellant on the one hand and the complainant and his brother on the other hand. The said quarrel had subsided. However, at about 7.00 p.m. the b...
Tag this Judgment!Ashwini Vs. State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Jun-26-2013
Oral Judgment: (R.M. Borde, J.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2. Petitioners, who are real sisters inter se, are challenging the respective orders passed by Sub Divisional Officer rejecting the applications tendered by them for issuance of caste certificate and the orders passed by the Respondent No.2 Committee, in appeals, confirming the orders passed by the Sub Divisional Officer. 3. The petitioners belong to 'Thakur', a Scheduled Tribe. The petitioners, in order to substantiate their claim, have placed reliance on the caste certificate issued by the Executive Magistrate, Aurangabad, on 08.07.1982, in favour of their father - Janardhan Trimbakrao certifying that he belongs to 'Thakur', Scheduled Tribe. The petitioners have also placed reliance on their respective school admission record wherein in the column of caste, entry is recorded as 'Thakur'. The petitioners have also placed reliance on the report fo...
Tag this Judgment!Ritesh Ratilal JaIn and Others Vs. Sandhya and Another
Court: Mumbai Aurangabad
Decided on: Jun-26-2013
Oral Order: The first proceeding is filed for quashing and setting aside the proceeding of Criminal Misc.Application No.176/2011 which is pending in the Court of JMFC, Bhusawal, Dist.Jalgaon. The said proceeding is filed for some reliefs under the Protection of Women from Domestic Violence Act, 2005, by respondent no.1. 2. The second proceeding is filed for the relief of quashing and setting aside the proceeding of R.C.C.No.107/11 which is pending before JMFC, Bhusawal and which is filed by police for offence punishable u/s 498-A, 323, 504, 506 r.w. 34 of IPC. After investigation of the crime u/s 156(3) of Cr.P.C. on private complaint filed by respondent no.1, charge sheet is filed by police. Both sides are heard. 3. In respect of first proceeding, it was submitted by learned counsel for petitioner that as per the record, respondent no.1 was living separate from her husband for more than 4 years and so, learned JMFC ought not to have entertained the proceeding. He placed reliance on so...
Tag this Judgment!Jyoti Ashokrao Dhabadge Vs. the State of Maharashtra, Through Its Secr ...
Court: Mumbai Nagpur
Decided on: Jun-26-2013
Oral Judgment: (Anoop V. Mohta, J.) Rule. Rule returnable forthwith. Both these petitions are heard finally with the consent of learned counsel for the parties. The basic cause of action and the background are common and so also the basic facts, and therefore, this common judgment. 2. Both the petitioners, based upon an advertisement issued by respondent no.3, applied and appeared for a written examination. After the interview, the Selection Committee selected both the petitioners. Both of them joined services upon selection. 3. By impugned order dated 4.9.2012 respondents cancelled the appointments of the petitioners on the basis of the judgment passed by the Maharashtra Administrative Tribunal (MAT) on 19.7.2012 in Original Application No. 90 of 2012 and MCA No. 42/12 (Review application) moved by original respondents 4 and 5. Admittedly both these petitioners were not parties to the proceedings initiated by Sonutai (applicant in original application). The operative part of the order...
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