Mumbai Court July 2013 Judgments
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Padamshi Khimji Chheda and Others Vs. Kesarben Laxmichand Dedia and Ot ...
Court: Mumbai
Decided on: Jul-22-2013
Oral Judgment: (Dr. D.Y. Chandrachud, J.) A Petition was filed under Section 30 of the Arbitration Act, 1940 to challenge an arbitral award dated 25 April 1989. During the pendency of the proceedings, following the admission of the petition, the First Petitioner died on 10 December 1997, the Second Petitioner on 9 November 2004 and the Third Petitioner on 12 January 2002. The Second Respondent had,in the meantime, died on 12 June 1997. A Chamber Summons under Order 22 Rule 9 of the Code of Civil Procedure, 1908 was taken out for setting aside the abatement in 2005 but it was withdrawn on 21 December 2005 with liberty to file a fresh Chamber Summons. The fresh Chamber Summons was filed on 22 December 2006. According to the Appellants, there was a delay of 3200 days in applying for setting aside the abatement upon the death of the First Petitioner; a delay of 676 days following the death of the Second Petitioner; a delay of 1707 days following the death of the Third Petitioner and of 284...
New India Assurance Co. Ltd. Vs. Smt. Tanabai and Others
Court: Mumbai Aurangabad
Decided on: Jul-22-2013
Oral Judgment: Heard both the sides. Aggrieved by the compensation granted in a proceedings under section 166 of the Motor Vehicles Act, 1988, present appeal is preferred by original respondent No.3 i.e. the insurer. 2. Present respondent Nos.1 to 4 are dependents of deceased Ramji Kadam. He died in a motor vehicle accident on 23.03.1989. While the deceased was proceeding by goods truck bearing No.MH-B-8148 at about 3 p.m. on Bhokar to Kinwat road, a dash occurred between said truck and tractor. The dependents claimed that the accident has occurred due to rash and negligent driving of the truck. The deceased was travelling in the said truck as a labour. In the circumstances, compensation is claimed from the driver, owner and insurer i.e. present appellant. As regards compensation, it was pleaded that the deceased was working as a labour and getting Rs.1000/- per month from the truck owner. During hearing, however, it was deposed by respondent No.1 Tanabai-widow that salary of the decea...
Kantilal Chhaganlal Securities Private Limited Vs. Ms. Shilpa Pareek
Court: Mumbai
Decided on: Jul-22-2013
Oral Judgment: (Dr. D.Y. Chandrachud, J.) The Appeal arises from a judgment of a learned Single Judge on a petition under Section 34 of the Arbitration and Conciliation Act, 1996, holding that this Court has no jurisdiction to entertain and decide the petition. 2 A Member-Constituent Agreement was entered into between the Appellant and the Respondent. The Appellant is a member of the National Stock Exchange of India Limited (NSE). The Respondent resides at Jaipur. The agreement between the Appellant and Respondent was for trading in shares and securities in the Cash segment and Futures and Options segment at the NSE. The Respondent filed a statement of claim on 6 November 2009 against the Appellant before a sole arbitrator. The seat of the arbitration was Delhi. The Appellant filed a reply to the statement of claim. The sole arbitrator made an arbitral award on 29 April 2010. The Appellant filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside...
Smt.Mangala Shivdas Dindokar Laxman Ukardajee Shegaonkar (Missing Pers ...
Court: Mumbai
Decided on: Jul-22-2013
P.C. The petitioner is daughter of Laxman Shegaonkar, who is missing since 22.11.1987 and did not return back, has filed this petition for declaration that the father of the petitioner is dead as per law and as the petitioner has not heard about the missing person for more than seven years. The petitioner has lodged complaint with Matunga Police Station on 7th December, 1987. The petitioner published advertisement along with photograph of the missing person in Mumbai Ravivar Mumbai Sakal Edition in the year 1987. In spite of such advertisement issued in the newspaper, whereabouts of the said missing person are not known. Missing person's wife expired on 25th March, 1997. Copy of the death certificate of the wife of missing person has been annexed to the petition. The petitioner thereafter contacted Missing Persons Bureau at Mumbai vide letter dated 9th September, 2010. Said Missing Persons Bureau vide letter dated 30th November, 2010 issued a letter to the petitioner informing that all...
Abidkhan @ Salman Mukhtar Khan Pathan Vs. State of Maharashtra and Ano ...
Court: Mumbai
Decided on: Jul-22-2013
S.B. Shukre, J. 1. In this Petition, the petitioner seeks direction to modify the orders of his sentences given on conviction in three distinct and separate cases so that the sentences in subsequent cases are made to run concurrently along with the previous sentences. 2. This petition has been heard finally at the stage of admission with the consent of the parties. Hence, Rule, returnable forthwith. Respondents waive service. 3. The petitioner No.1 was original accused No.1 in three Criminal Cases bearing C.C. Nos.664/PW/2011, C.C. No.665/PW/2011 and C.C. No.666/PW/2011. He was prosecuted in all these cases along with six other accused for offences punishable under Sections 379, 465, 467, 468, 469, 471, 420 read with 34 of the Indian Penal Code. In all these cases, the offences involved were identical, but, the incidents were of three different dates namely, 25th November, 2010, 5th January, 2011 and 29th August, 2009, all relating to different transactions. When this petitioner and ot...
The Union of India, General Manager Vs. Chhayabai Wd/O Bhimrao Sonwane ...
Court: Mumbai Nagpur
Decided on: Jul-22-2013
Oral Judgment: The present first appeal is preferred against the judgment and award dated 23/01/2009 passed by learned Member, Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.41/OA-II/ RCT/NGP/2006 whereby total compensation in a sum of Rs.4,00,000/- was awarded in favour of applicants-claimants payable by appellants herein. 2) Brief facts of the case are stated as under While Bhimrao Timaji Sonwane was travelling as bona fide passenger by Vidarbha Express on 30/09/2005 from Nashik to Gondia, he had met with an untoward incident as he fell down from the running train between Nandura to Jalamb Railway Station, as the victim was travelling in a general over crowded compartment. 3) According to the claimant-widow of victim Bhimrao, Bhimrao was working as Laboratory Attendant in Dhote Bandhu Science College, Gondia. He passed his B. A. Final Examination through Yashwantrao Chavan Mukta Vidyapeeth, Nashik and he had been to Nashik to collect his degree certificate. He ...
Aqueel Ahmad Vs. Prashant and Another
Court: Mumbai Nagpur
Decided on: Jul-22-2013
Oral Judgment: Rule. Rule returnable forthwith. Heard finally by consent of the parties. 2. Considering the short controversy involved in the matter i.e. dismissal of the complaint preferred by the applicant for an offence punishable under Section 138 of the Negotiable Instruments Act even prior to the issuance of process against the non applicants, it appears proper to decide this application even without issuing any notice to the non applicants. As no right can accrue in favour of the non applicants either due to the said dismissal or even otherwise for appearance as the complaint against them was not entertained by the trial Court. 3. The certified copy of roznama tendered by Mr. Qazi, learned counsel for the applicant is taken on record. 4. Mr. Qazi, learned counsel for the applicant, by inviting attention to the order impugned in the application, submitted that the order impugned reveals that the complaint presented by the applicant was dismissed on two counts i.e. firstly due to ...
Ganesh S/O Waman Modak Vs. Union of India, Ministry of Coal and Energy ...
Court: Mumbai Nagpur
Decided on: Jul-22-2013
Oral Judgment: (Anoop V. Mohta, J.) RULE. Rule made returnable forthwith. The petition is heard finally at the stage of admission. 2. The petitioner has challenged the action of respondent nos.2 to 5 of not granting the employment though his land was acquired for Navin Kunada Open Cast Project. 3. The submission made on behalf of respondent nos.2 to 5 that the appeal against the award is pending, in no way is of any assistance to the submission made by the counsel appearing for the petitioner that they have granted employment to more than twenty such persons. A copy of the list is also placed on record in that regard. There is no denial to this fact by respondents. 4. The statement made by the counsel appearing for the respondents that the persons holding more than three acres of dry crop land have been granted employment just cannot be acceptable to us as the person is similarly situated, the moment his land is acquired. In our view, the person like the petitioner, who was holding sma...
New India Assurance Company Vs. Smt. Shubhangi Suresh Dharde and Other ...
Court: Mumbai Aurangabad
Decided on: Jul-19-2013
Oral Judgment: Heard both sides. 2. The present appeals have arisen out of the same accident that had taken place on 17.6.1992 on Ahmednagar-Aurangabad road, near Jeur shivar. In both the original claim petitions, the petitions were filed on behalf of the dependents of the two deceased who were driver and occupant of Maruti Van bearing registration No.MH-12/E-6274. A dash occurred between the Van and tempo bearing registration No.MH-03/953. Both the vehicles were insured with the present appellant - New India Assurance Company Limited. 3. The claim petitions were filed by the dependents of the deceased, claiming therein that the accident had occurred solely due to the rash and negligent driving of the tempo and, therefore, they claimed the respective compensation as detailed therein. The present appellant i.e. New India Assurance Company i.e. the insurer of both the vehicles resisted the claim. The defence of the appellant/ insurer was that the driver of the tempo, namely, Devidas was ...
Krishna P. Morajkar Vs. Joe Ferrao and Another
Court: Mumbai Goa
Decided on: Jul-19-2013
This appeal questions appellate judgment of the learned Additional Sessions Judge, Mapusa whereby the learned Additional Sessions Judge set aside judgment of conviction of the respondent for offence punishable under Section 138 of the Negotiable Instruments Act and sentence of paying compensation quantified at Rs.4,00,000/- or in default to suffer imprisonment for one year imposed upon the respondent by the learned JMFC, 'E' Court, Mapusa Goa on the conclusion of trial of Criminal Case no.OA/NIA/759/P/O6/E before the learned Magistrate. 2. The facts which are material for deciding this appeal are as under: The appellant claimed to be a friend of respondent. The respondent approached the appellant in last week of March, 2006 stating that the respondent wanted to renovate his premises and, therefore, needed a sum of Rs.3 lacs which he would repay in about 7 to 8 months. The appellant claimed to have advanced a sum of Rs.2,40,000/- against which the respondent issued 10 cheques dated 31/0...
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