Mumbai Court July 2013 Judgments
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Mrs. Charumathi Kannappa Mudaliar Vs. Municipal Corporation of Greater ...
Court: Mumbai
Decided on: Jul-15-2013
M.S. Sonak, J. 1] By an order dated 25th March, 2013, the parties were put to notice that the matter may be disposed of finally, at the admission stage itself. 2] Accordingly, Rule. Rule is made returnable forthwith with the consent of all the parties. 3] The petitioner, who possesses the qualifications of B.A. and B.Ed. (Physical Education and History) was appointed as an Assistant Trained Teacher with respondent No.4 School (recognized and aided school) with effect from 7th June,1982. The Education Officer respondent No.3 approved the appointment of the petitioner with effect from 7th June, 1983 and the petitioner was confirmed in service with effect from 13th June, 1983. 4] The petitioner, right from the date of her initial appointment and upto the date of her retirement, upon attaining the age of superannuation, i.e., upto 31st October, 2009 was paid salary and other benefits payable to an Assistant Trained Teacher. 5] There is no dispute that the service conditions of the petitio...
Smt. Bebitai Babarao Jagtap and Another Vs. Zilla Parishad, Wardha, Th ...
Court: Mumbai Nagpur
Decided on: Jul-15-2013
Oral Judgment: (Anoop V. Mohta, J.) 1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the parties. 2. The petitioner, a widow, has challenged impugned order dated 3.10.2001, whereby the respondents deducted the pension amount of the petitioner's deceased husband, who was employee, expired on 10.6.2001, even after filing reply to the show-cause-notice about the penalty, as contemplated in Rule 4 (iii) of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964, which is reproduced as under: 4 (iii) recovery from pay of the whole or part of any pecuniary loss caused to the Zilla Parishad by negligence or breach of orders. 3. Admittedly, the deceased employee replied to the show-cause-notice but there was no decision taken by the respondents. Another show-cause-notice was issued, which was replied by the petitioners and denied the same being not aware of the factual aspect as well as the alleged recovery mentioned t...
State of Maharashtra, Through the Executive Engineer Vs. Rajendra Krus ...
Court: Mumbai Nagpur
Decided on: Jul-15-2013
Oral Judgment: (Anoop V. Mohta, J.) Petitioner has challenged order dated 27.11.1997 passed by Maharashtra Administrative Tribunal (MAT) Nagpur, whereby the following order is passed The application is partly allowed. The applicants are entitled to absorption on converted regular temporary establishment as semi-skilled workers in the scale of Rs.260-495 with effect from 1.4.1987 in case of applicant Nos. 1 to 4 and with effect from 1.4.1988 in case of applicant no.5. However, they will not be entitled to claim arrears of pay or other consequential benefits but will be entitled to proper fixation of pay accordingly. The respondents are directed to fix their pay within a period of two months. No order as to costs. 2. The main challenge of the petitioner was revolving around limitation since it was barred by time. Admittedly, Kalelkar Settlement is the foundation for the respondents to claim benefits as they were absorbed and taken on C.R.T.E. with effect from 1.4.1986 vide order dated 7...
Maharashtra State Road Transport Corporation, Through Its Divisional C ...
Court: Mumbai Nagpur
Decided on: Jul-12-2013
1. The appeal is against the Judgment and award dated 27.06.2003 passed by the Motor accident Tribunal, Nagpur in claim Petition no. 532 of 2002 on its file whereby the Tribunal was pleased to grant compensation in the sum of Rs.8,27,600/-. 2. The facts briefly stated by the claimants are:- ChanduPundalik Adagale aged about 26 years a primary teacher by profession, resident of village Bhone Taluka Sangrampur, deceased was travelling by the Jeep bearing registration no. MH-20-E 9585 to Shegaon. Chandu met with fatal accident after the Jeep was smashed and turned turtle after the ST Bus bearing registration No. MH-12/R/1893 proceeding from Khamgaon to Shegaon gave dash to the Jeep. The respondents had claimed compensation in the sum of Rs.800,000/- @ 12% interest from the date of the claim application. The Tribunal below held the Driver of the ST Bus responsible for causing the accident rashly and negligently and granted compensation to the dependents of the deceased Chandu Adagale in th...
Anil Jairam Mahajan and Another Vs. the State of Maharashtra and Other ...
Court: Mumbai
Decided on: Jul-12-2013
Oral Judgment: (Dr. D.Y. Chandrachud, J.) The Petitioners, Mr. Anil Jairam Mahajan and his spouse Mrs. Sunita Anil Mahajan have instituted these proceedings in the public interest seeking that the Government of Maharashtra frame a policy in respect of the issues which are raised in the proceedings. 2. The fifteen year old son of the Petitioners, Harshal, went on a trek to Himachal Pradesh in May 2006. The trek was organized by the Third and Fourth Respondents. A batch of trekkers left Pune on 23 May 2006 and the trek commenced on 26 May 2006 at a high altitude. On 30 May 2006 the Petitioners were informed initially that their son was serious and soon thereafter that he had died. A postmortem was conducted by the Medical Superintendent of the Regional Hospital at Kullu on 31 May 2006. The postmortem states that the death was in all likelihood due to pulmonary due odema hypoxia leading to respiratory failure and death. The grievance of the Petitioners is based on this tragic experience. ...
Sanjay Nathu Jadhav Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-12-2013
Oral Judgment: (Mrs. V.K. Tahilramani, J.) The appellant has preferred this appeal against the judgment and order dated 29th April, 2009 passed by the learned Additional Sessions Judge, Satara in Sessions Case No.137/2008. By the said judgment and order, the learned Sessions Judge convicted the appellant under section 302 of IPC. For the said offence, the appellant was sentenced to imprisonment for life and fine of Rs.10,000/-, in default, R.I. for one year. 2. The prosecution case, briefly stated, is as under: The deceased Shankar was the real brother of PW-5 Sanjay. The house of Shankar and Sanjay was situated adjacent to one another. The appellant was residing at a distance of about 100 feet from the house of Shankar and Sanjay. Shankar had purchased land from the appellant. There was a quarrel between Shankar and the appellant on the count that Shankar had not paid Rs.600/- out of the sale price to the appellant. The incident took place on 26th February, 2008 at about 6.30 p.m. in ...
Chintaman Govind Chakradev and Others Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Jul-12-2013
S.B. Shukre, J. 1. By this petition, the petitioners have prayed for quashing of the F.I.R. being C.R. No.265/2012 registered against them at police station, Nigdi, Pune and the criminal proceedings initiated against them as a result of the said F.I.R. 2. On the last date of hearing i.e. 3rd July, 2013, learned counsel for petitioner Nos.1 and 2, upon instructions, made a statement that these petitioners would apply to the trial Court for seeking their discharge from the case and submitted his argument seeking quashing of the F.I.R. and consequently, the criminal proceedings as against the petitioner No.3 only. Accordingly, Rule was issued and petition, with the consent of parties, was heard finally at the stage of admission, as noted in our order passed on 3rd July, 2013. 3. Heard Shri Satyavrat Joshi, learned counsel for the petitioners, Mrs. Sonawane, learned A.P.P. for the State and Mr. Vijay Killedar, learned counsel for the respondent No.3. 4. The marriage of respondent No.3 was ...
Vitthalrao Vs. Nathuji
Court: Mumbai Nagpur
Decided on: Jul-12-2013
Oral Judgment: This civil revision application challenges judgment and order dated 1-4-2009 passed by the learned Civil Judge, Junior Division, Warud, in Regular Civil Suit No.33 of 2002, which was a suit filed under Section 6 of the Specific Relief Act, 1963. 2. The applicant was the defendant. The suit was filed by Natthuji, who was the elder brother of the applicant-defendant. Natthuji died during the pendency of the suit and his legal representatives were brought on record. It was the case of the plaintiff Natthuji that he constructed a house on a plot of land which stood in his father's name. He stayed in the said house for quite some period, but sometime in 2002, he shifted his residence to Amravati. Taking advantage of his absence, he alleged that the applicant-defendant took forcible possession of the house. It is common ground that there is one more house, belonging to the joint family of the parties, in his village. In the year 2000, Natthuji got the suit house recorded in hi...
indorama Synthetics India Limited Vs. Vijay and Others
Court: Mumbai Nagpur
Decided on: Jul-12-2013
B.R. Gavai, J. 1. The present appeals take an exception to judgment and order passed by the learned Single Judge of this Court dated 20.11.2008, thereby allowing Writ Petition No.1481 of 2006, dismissing Writ Petition No.446 of 2006, thereby modifying judgment passed by the learned Industrial Court dated 10.10.2005 in Complaint (ULP) No.245 of 2004. 2. The facts, in brief, giving rise to the present appeals, are as under: The appellant employer, deals in manufacturing and sale of synthetics fibres and draws texturised yarn established by the respondents. The establishment of the appellant is situated at MIDC (Maharashtra Industrial Development Corporation) Area, Buritibori, Nagpur. The respondents are claiming to be elected representatives of the appellant employer. The appellant and the respondents have entered into various settlements last one being dated 22.5.2002. That the employees of the appellant, who were working in the Quality Control Department, were transferred to the othe...
Ganesh Shivaji Sutar Vs. Vishwanath Chinmaya Sherigar (Deceased) Throu ...
Court: Mumbai
Decided on: Jul-12-2013
P.C. 1. The above Second Appeal arises out of the Judgment and order dated 2-11-2009 passed by the Learned District Judge1 Sangli, by which, the Appeal filed by the Appellant herein being Regular Civil Appeal No.7 of 2004, came to be dismissed and resultantly the decree of dismissal of the Suit dated 2112009 passed by the Trial Court came to be confirmed. 2 The Suit in question being Regular Civil Suit No.382 of 1999 was filed by the Appellant/original Plaintiff for a declaration that the sale deed executed by the Defendant No.3 to the Suit i.e. his mother and Shivaji who was his father in favour of the Defendant Nos.1 and2 in respect of CTS Nos.954, 955 and 956 and municipal house No.2338/1 in Revision Survey 450/2 situated at Vita Taluka Khanapur is null and void. The Plaintiff had also prayed for possession of the suit property as also for injunction restraining the Defendants from carrying out any construction. It is not necessary for this Court to go into details of the antecedent...
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