Mumbai Court August 2013 Judgments
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Shekhar Naidu S/O Gopal Naidu Vs. Municipal Corporation of Greater Mum ...
Court: Mumbai
Decided on: Aug-26-2013
Oral Order: Respondent waives service of notice. By consent heard learned Advocates Shri Saraogi and Mrs Joglekar at final hearing. 2 This appeal is against the judgment and order passed by the Bombay City Civil Court in L.C. Suit No. 405 of 2010, decided on 5/10/2013., whereby the learned City Civil Judge was pleased to dismiss the suit with costs. 3 After compilation of copies of evidence and documents relied upon in the suit is filed, the appeal is heard finally. The facts, which are briefly stated are, that the plaintiff-appellant claimed lawful use and occupation of one hut outside the St. George Hospital, in the lane known as St. George Galli, near G.P.O., Fort, Mumbai. The hut occupied by the plaintiff-appellant situated on the footpath adjoining the hospital. It was claim of the plaintiff that it was in existence since many years and since prior to the year 1990. He also claimed that there was separate number given as Shop No. 1 to that hut. The plaintiff also claimed possessin...
Rameshkumar @ Ramu Singh S/O Shriram Singh Thakur Vs. State of Maharas ...
Court: Mumbai Nagpur
Decided on: Aug-26-2013
Oral Judgment: Z.A. Haq, J. Heard Mr. Sirpurkar, learned Advocate for the petitioner and Mr. Nayak, learned A.P.P. for the respondents. 2. This Criminal Application was filed as an application under Section 482 of the Criminal Procedure Code read with Articles 226 and 227 of the Constitution of India. At the time of hearing, Mr. Sirpurkar, learned Advocate for the petitioner orally prayed for leave to convert this Criminal Application into Writ petition under Articles 226 and 227 of the Constitution of India. Leave is granted. The petitioner is permitted to convert Criminal Application into Criminal Writ Petition. 3. Rule. Rule made returnable forthwith. 4. The petitioner has challenged the order passed by the Sub Divisional Magistrate, Warora on 15th September, 2012 externing the petitioner from six districts i.e. Chandrapur, Yavatmal, Wardha, Nagpur, Bhandara and Gadchiroli, for a period of two years, under Section 56 of the Bombay Police Act. The petitioner has also challenged the o...
Triveni @ Gaunda Motilal Shah Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-26-2013
A.R. Joshi, J. Heard rival submissions on this Criminal Appeal preferred by the convicted accused through jail challenging the judgment and order dated 5th June, 2010 passed by the Additional Sessions Judge, Pune in Sessions Case No.439 of 2009. 2. Present appellant/accused was convicted for the offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs.5000/-, in default, RI for six months. Being aggrieved by the impugned judgment and order, present appeal is preferred through jail. 3. Learned Advocate Smt. Indrayani M. Koparkar was appointed from Legal Aid Panel to represent the appellant. 4. The case of the prosecution in nutshell can be summarized as under :- Complainant - one Ashokkumar Tiwari was on his way to attend his job in the company to fix duties of Security Guards. When he came near the rail-waygate Ramtekadi, he learnt that one dead body was lying on the backside of one company by name Libra Pharmaceu...
Bhujang S/O. Laxman Nimawad Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Aug-26-2013
1. The appeal is filed against judgment and order of Sessions Case No. 17 of 2012, which was pending in the Court of Additional Sessions Judge, Bhokar, District Nanded. The Trial Court has convicted and sentenced the appellant for offences punishable under sections 376 and 306 of the Indian Penal Code. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be stated as follows :- The deceased was aunt on paternal side of complainant - Dattatraya. She was aged about 25 years. The incident took place on 17.2.2012 at about 7.00 p.m. The complainant and his brother Ramdas were at home. They heard the shouts of the deceased, which came from the side of the field of the deceased. The complainant and his brother rushed to the spot. They noticed that the accused was committing rape on the deceased. After seeing the complainant and his brother, the accused ran away. The deceased started weeping. The complainant and his brother somehow consoled her and took...
Savitribai Fuley Shikshan Mandal Vs. Dy. Director of Education and Ano ...
Court: Mumbai Nagpur
Decided on: Aug-26-2013
Oral Judgment: Rule, made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties. 2. The challenge in this petition is to the order dated 16-5-2013 passed by the Deputy Director of Education, Nagpur Division, Nagpur reducing the punishment of reduction in rank from the post of Headmistress to the post of Assistant Teacher imposed by the Management by an order dated 01-3-1999 to that of stoppage of one increment for a period of one year. The short question involved in this petition is regarding competency of the Deputy Director of Education to interfere in the order of punishment passed by the Management, by invoking his jurisdiction under sub-section (4) of Section 4A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("MEPS Act"). Hence, it is not necessary to give the facts in detail. 3. The appeal before the School Tribunal challenging the order of reduction in rank passed on 01-3-1999 was dismissed ...
Vimal Powerloom Vs. Ravi Agency and Another
Court: Mumbai Aurangabad
Decided on: Aug-26-2013
Oral Judgment: Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. 2. The petition is filed to challenge the order of issue process made by Judicial Magistrate, First Class, Aurangabad in S.C.C. No.4177/12. The challenge is made on the ground that the J.M.F.C. has not followed the procedure laid down in section 202 of Criminal Procedure Code (as amended in the year 2006). This Court was taken through copy of complaint which is filed by respondent for offence under section 138 of Negotiable Instruments Act. This Court was taken through copy of verification of complainant and the order made by J.M.F.C. The order dated 9.10.2012 shows that on the basis of this verification and on the basis of the documents produced by the complainant, the J.M.F.C. made the order of issue process, summons. 3. It was submitted for the accused/petitioner that no inquiry or investigation as required in amended provision of section 202 of Cr.P.C. is made by the J.M.F.C. H...
Forbes and Company Ltd. and Another Vs. the Official Liquidator of the ...
Court: Mumbai
Decided on: Aug-23-2013
Oral Judgment: (Dr. D.Y. Chandrachud, J.) A company application under Section 466 of the Companies Act, 1956 was made before the Company Court by the Appellants seeking a permanent stay of an order of winding up passed by the Company Judge on 5 September 2005, by which the Svadeshi Mills Company Limited had been ordered to be wound up. Certain consequential reliefs were sought. The learned Company Judge by a judgment dated 14 October 2011 held that no ground enabling the exercise of the discretion under Section 466 has been made out and dismissed the application. The order of the Company Judge has been called in question in appeal. 2 The Svadeshi Mills Company Limited was incorporated under Act VI of 1882 and for a period of ten decades operated a composite textile mill with spinning, weaving and processing sections for the manufacture of cotton, synthetic, interlining and non-woven fabrics. In 1997, a petition for winding up was filed by Ralli Brothers and Coney, a company incorporate...
Prabhakar Dattatraya Gune and Others Vs. Vishnukant Bapurao Urankar an ...
Court: Mumbai
Decided on: Aug-23-2013
S.C. Dharmadhikari, J. 1 In all these matters, the contention that is raised by Mr. Pradhan, learned counsel appearing for the Petitioners, is that the judgment of the Honourable Supreme Court reported in (2011) 3 SCC 793 (K.K. Baskaran v/s State represented by its Secretary, Tamil Nadu and others) overruling that of a Full Bench of this Court [Vijay C. Puljal v. State of Maharashtra, reported in (2005) 4 CTC 705 (Bom.)], will not conclude the matter and particularly the question that the Maharashtra Enactment, namely, the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (for short MPID Act, 1999) cannot encroach or usurp the field occupied by the laws of Parliament. In his submission, the field in this case is occupied by the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949 and the Indian Companies Act, 1956. 2 The present cases deal with non banking financial company. When such company invites deposits and the depositors invest...
Rakesh Chajjer Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-23-2013
This is an application seeking leave to appeal against the acquittal of the present respondent in C.C. No.6529/SS/2010 passed by Metropolitan Magistrate, 63rd Court, Mumbai vide Judgment and Order dated 06/03/2012. The applicant herein is the original complainant. 2. It is the case of the complainant that the present respondent i.e. original accused had induced the complainant to supply plywood and hardware materials for the saloon of the accused called "Hair Spa" in the month of March-April 2010 and the bill of Rs.1,74,000/- remained unpaid. The accused had issued 3 cheques with an assurance to the complainant that they would be honored. The cheques were dishonored on account of "Funds Insufficient". The complainant then issued a demand notice through an Advocate calling upon the accused to pay the amounts mentioned on the dishonored cheques within 15 days. The notice was received by the accused on 30/10/2010. The notice was dispatched on 28/11/2010 and were received by the accused on...
Dr. Ramineni Venugopal Somaiah and Another Vs. Maharashtra Medical Cou ...
Court: Mumbai
Decided on: Aug-23-2013
S.J. Vazifdar, J. 1. The petitioners are orthopedic surgeons. Respondent No.1 is the Maharashtra Medical Council. Respondent No.2 one Sanjaykumar Dattatraya Funde is the Medical Health Officer of the Mumbai Municipal Corporation, who had filed a complaint against the petitioners, which we will refer to shortly. Respondent No.3 is the Appropriate Authority under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (hereinafter referred to as the said Act). 2. The petitioners seek a writ setting aside an order passed by respondent No.1 suspending their registrations with the Maharashtra Medical Council for a period of five years from 20th April, 2013, and/or till the final decision of a criminal case on charges framed against them for contravening the provisions of the said Act and the Rules framed thereunder, whichever is earlier. The impugned action is taken under Section 23 (2) of the said Act. They further seek an order staying the impugne...
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