Mumbai Court July 2013 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
The Oriental Insurance Co. Ltd. Vs. Smt. Sunita Wd/O. Gajanan Kale and ...
Court: Mumbai Nagpur
Decided on: Jul-18-2013
Oral Judgment: 1. Heard Mr.D.N.Kukday, learned Counsel for the appellant. None appears on behalf of the respondents, though served. 2. Admit. 3. This appeal is directed against the judgment and order dt.18.10.2012 passed by the Commissioner for Workmen's Compensation Labour Court, Buldhana in W.C.A. (F.) No.3 of 2007 whereby the Labour Court, Buldana awarded the sum of Rs.3,84,267/- to the applicants therein along with interest @ 12 % per annum from the date of application till full realisation of the amount and costs in the sum of Rs.5,000/- payable to the applicants. 4. The facts, briefly stated, are as under: Deceased Gajanan was husband of claimant/applicant no.1 and father of claimant/applicant nos. 2 and 3 and son of applicant nos.4 and 5. He was in the employment of one Sandip Pandurang Kale having business at village Mera, Tq. Chikali, District Buldhana as a driver. Said Sandip Kale was owner of tractor bearing registration No.MH-28 D-2393, while trolley of the tractor was not ...
Abdul Razzaq Sunesra Vs. Municipal Corporation of Greater Mumbai and O ...
Court: Mumbai
Decided on: Jul-17-2013
Dr. D.Y. Chandrachud, J. 1. Rule. Learned counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel. 2. The challenge in these proceedings is to Section 515A of the Mumbai Municipal Corporation Act, 1888 which is brought on the statute by Maharashtra Act No.II of 2012. The Act received the assent of the President and was published in the gazette on 13 March 2012. 3. The dispute in the present case relates to a structure constructed on a plot of land bearing CTS No.50/A at S.V.Road, Borivali (W), Mumbai-400 092. A notice was issued by the Municipal Corporation on 28 May 2013 under Section 351 of the Act on the ground that the structure is unauthorized. An order was passed on 17 June 2013 requiring the removal of the structure on the ground that it is unauthorized. This order was passed by the Designated Officer after furnishing to the Petitio...
Miss Shuham Kabu and Another Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-17-2013
Dr. D.Y. Chandrachud, J. 1. Rule. The AGP waives service. By consent and on the request of learned counsel, the petition is taken up for hearing and final disposal. 2. The two Petitioners before the Court are sisters who together with their families were displaced after 1990 due to the situation in the State of Jammu and Kashmir. The parents of the Petitioners migrated to Pune. The Petitioners passed their S.S.C. in 2011 from the I.C.S.E. board and thereafter completed their H.S.C. in 2013 with 97.3% and 94% marks respectively. Both of them were desirous of applying for admission to an engineering degree course in the State of Maharashtra. 3. In the State of Maharashtra, the Directorate of Technical Education has, since 1995, earmarked one seat in every technical course over and above the sanctioned intake for migrant students from Jammu and Kashmir These earmarked seats are for each course conducted by every college. 1,870 seats during the current year are earmarked for migrant studen...
Mohammad Yusufkhan Vs. Siraj Ahmed
Court: Mumbai Aurangabad
Decided on: Jul-17-2013
Oral Judgment: This revision application takes exception to the judgment and order dated 20.2.2013 passed by the District Judge, Jalna in Rent Appeal No.3 of 2009 thereby partly confirming the judgment and decree 31.10.2009 passed by the C.J.J.D., Jalna in RCS No.368 of 2008. 2. The applicant herein is the tenant and respondent is landlord. The respondent instituted the suit for eviction. The said suit was tried by the 3rd Joint C.J.J.D., Jalna in RCS No.368 of 2008 and decree has been passed on the ground of default and also bona fide requirement of the plaintiff for his own use. It is also held that greater hardship would be caused to the plaintiff if the decree of eviction is refused. The said judgment and decree was assailed in Rent Appeal No.3/2009 before the District Judge, Jalna. The District Court has considered the rival contentions and after framing necessary points for its determination, has held that the suit premises are required for bona fide use of the landlord. So far a...
The Oriental Insurance Co.Ltd. Vs. Smt. Maya Wd/O Govindrao Khatri and ...
Court: Mumbai Nagpur
Decided on: Jul-17-2013
Oral Judgment: The present appeal is directed against the judgment and award dated 12/02/2007 passed by Motor Accident Claims Tribunal, Amravati in M.A.C.P. No.130 of 2003 whereby learned Tribunal was pleased to grant a sum of Rs.10,96,500 as compensation inclusive of no fault liability and interest at the rate of 7.5% per annum from the date of petition till realization thereof. The respondents before the Tribunal i.e. owner/driver and insurer were held liable to pay compensation to the claimants jointly and severally. 2) The brief facts stated are as under One Sandeep Khatri, the son of claimant-respondent No.1 and brother of claimant-respondent No.2, who was the student of Final Year B.E. (Civil), studying in the College of Engineering at Badnera, was riding on a scooter bearing No.MH-33/B-278 as pillion rider along with his friend Pankaj Kothe. When the scooter was near Ashish Restaurant, Gupta Petrol Pump, offending motor vehicle i.e. Truck bearing registration No.MP-09/KB-5982 c...
Rajaram Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jul-17-2013
NareshH. Patil, J. 1. The Appellant is a life convict. The Appellant challenges the Judgment and order of conviction and sentence passed by the trial Court for an offence punishable under Section 302 of the Indian Penal Code. 2. The prosecution case in brief is that the Appellant Rajaram married Gangubai before thirty years of the incident in question. They were having two sons and two daughters out of the said wedlock. The couple was residing at Khudaj Shivhar, in a hut called Akhada situated in their field. The sons were staying in another field situated in Khilar Shivhar. One of the grand son, Dnyaneshwar was staying with Rajaram and deceased Gangubai. One of the sons of the Appellant was not surviving at the relevant time. The prosecution case is that the Appellant was suspecting character of his wife Gangubai. 3. The incident took place on 18th May, 2009. On the day of incident Appellant Rajaram returned to Khudaj Shivhar in the early morning. Deceased Gangubai offered him tea. Th...
Dhirendra Alias Bitu Ranjit Thakkar and Another Vs. Mahendra Balbhadra ...
Court: Mumbai
Decided on: Jul-16-2013
Oral Judgment: By this notice of motion, plaintiff no.2 seeks dismissal of the caveat filed by defendant Mahendra Thakkar. Petitioners have filed petition for probate of last will and testament of Mr. Khimjee Thakkar. The names of the legal heirs of the said deceased are disclosed in paragraph 9 of the petition. Citation was served upon the legal heirs and representatives. The caveator who is defendant in the present proceedings, is son of Balbhadra Thakkar who was brother of the deceased. The deceased was bachelor. The said Balbhadra was one of the attesting witnesses of the Will of the said deceased. Along with petition, the said attesting witness has filed affidavit on 23rd August, 2001 stating on oath that he was present together with Dr. Madhukar Rele at the house of the deceased. The said attesting witness has also stated that he was witness to the signature of the said deceased on the Will and was present at the time of deceased affixing his signature on the said Will alongwith ...
Gujarat Urja Vikas Nigam Limited and Others Vs. Tata Motors Limited
Court: Mumbai
Decided on: Jul-16-2013
By this petition filed under section 34 of the Arbitration and Conciliation Act,1996 (for short Arbitration Act, 1996), the petitioners seek to challenge award dated 19th July, 2011 made by the learned arbitrator allowing claims made by the respondents. The petitioners were original respondents before the learned arbitrator. Respondents herein were original claimants. 2. FACTUAL MATRIX:- (a) On 7th February, 1994, Tata Finance Ltd. which stood amalgamated with the respondents herein (hereinafter referred to as the said Agreement) entered into an agreement of lease with the Gujarat Electricity Board (Predecessor of the petitioners herein) whereby the respondents agreed to lease in favour of the said Gujarat Electricity Board suit property for a period of 72 months on the terms and conditions setout therein. Under the said agreement Gujarat Electricity Board was liable to pay lease rentals every month based on an asset cost of Rs.1,000/- fixed at Rs.19.95 per month per thousand payable m...
Zenito Vs. District Magistrate, North Goa and Others
Court: Mumbai Goa
Decided on: Jul-16-2013
Oral Judgment: (A.P. Lavande, J.) Heard Mr. S.G. Dessai, learned Senior Counsel for the petitioner, Mr. S.R. Rivonkar, learned Public Prosecutor appearing for respondents No.1, 2 and 3 and Mr. C.A. Ferreira, Asst. Solicitor General for respondent No.4. 2. By this petition, the petitioner has challenged the order dated 13th February, 2013 passed by respondent No.1 in exercise of the powers conferred under Section 3(2) of the National Security Act, 1980 ("the Act" for short). In terms of the said order, the petitioner was detained and kept in the Central Jail, Aguada in order to prevent him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order. The petitioner in the petition has urged several grounds in support of the contention that the impugned detention order is liable to be quashed. The petitioner filed an application for his release on bail, which was granted by order dated 6th May, 2013. 3. Rep...
Aruna Gorakhnath Korde Vs. Gorakhnath Devidas Korde
Court: Mumbai Aurangabad
Decided on: Jul-16-2013
Oral Judgment: 1. Rule. Rule made returnable forthwith. With the consent of the parties heard finally. 2. This Miscellaneous Civil Application is filed seeking transfer of Matrimonial proceedings bearing HMP No.57/2012 from the Court of Civil Judge Senior Division, Basmathnagar to the Court of Civil Judge Senior Division, Beed. 3. It is the case of the applicant that applicant wife is the original respondent and respondent is the original petitioner in the divorce proceedings bearing HMP No.57/2012 pending before Civil Judge Senior Division Basmathnagar filed by the respondent seeking dissolution of the marriage between the parties under section 13 (1)(i-a) and (i-b) of Hindu Marriage Act, 1955. The applicant is a teacher and she is residing at her fathers house at Beed. 4. It is further case of the applicant that she has to look after her six months child and it is inconvenient for her to travel from Beed to Basmathnagar to attend the Court proceedings. It is further case of the appli...
- ‹ Prev
- 3
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- 13
- Next ›
- Last »