Mumbai Court August 2013 Judgments
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Paras V. Mehta Indian Inhabitant Proprietor of M/S. H.M.V. Associates ...
Court: Mumbai
Decided on: Aug-23-2013
Common Judgment ( Per : M. S. Sonak, J.) :- 1] Rule. With consent of the parties, Rule is made returnable forthwith. 2] In Writ Petition No.569 of 2013, the petitioner a registered Municipal contractor impugns the decision dated 14.2.2013 and Circular dated 16.3.2013, which according to the petitioner have the effect of 'black-listing' him until further orders. 3] In Writ Petition (L) No.1836 of 2013, the petitioner challenges the order dated 18/7/2013 issued by the Chief Engineer (Vigilance), rejecting, inter alia the petitioner's monetary claims, in respect of certain work alleged to have been completed by him. This order came to be passed in pursuance of the directions contained in the order dated 9.5.2013 passed by this Court in Writ Petition No.825 of 2012, to which reference shall be made in the course of this judgment. 4] The respondents-Mumbai Municipal Corporation (MMC) claims to have unearthed a scam involving about 32 contractors, who in collusion with the officials of the M...
Vaishali Chatarsing Ingale (Thakur) Vs. the Committee for Scrutiny and ...
Court: Mumbai Nagpur
Decided on: Aug-23-2013
Z.A. Haq, J. The petitioner has challenged the decision of the respondent no.1 The Scrutiny Committee dated 21.03.2005 by which the caste certificate of the petitioner for Thakur, which is recognized as Scheduled Tribe in the State of Maharashtra is invalidated. 2. The case of the petitioner is that the respondent no.1 - The Scrutiny Committee has committed patent illegality in rejecting the caste claim of the petitioner and invalidating her caste claim as the caste certificate of the father of the petitioner showing her father as Thakur Scheduled Tribe is validated and there cannot be a situation that the father is recognized as Thakur Scheduled Tribe but, the petitioner is not being recognized as Thakur Scheduled Tribe. The petitioner has challenged the decision of the respondent no.1 - The Scrutiny Committee on several grounds. However, this writ petition can be decided on the short ground that the claim of the petitioner as Thakur Scheduled Tribe could not have been rejected by th...
Dinesh @ Pappu Dnyandeo Alkute Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Aug-23-2013
1. The appeal is filed against judgment and order of Sessions Case No. 145 of 2011, which was pending in the Court of Additional Sessions Judge, Ahmednagar. The Trial Court has convicted and sentenced the appellant for offence punishable under section 304 (1) of Indian Penal Code. Rigorous imprisonment of 10 years is given to the appellant and fine of Rs. 10,000/- is also imposed for this offence. He is also convicted and sentenced for the offence punishable under section 201 of 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 appellant is resident of Mahavir Nagar, Ahmednagar. The incident took place on the night between 30.3.2011 and 31.3.2011. There was live telecast of cricket match between India and Pakistan on T.V. Arrangement was made in the temple of Lord Ganesha situated at Civil HUDCO, Nagar for watching the match on big screen of T.V. The match was over at about 11.00 p.m. of 30.3.201...
Kisan @ Kisanchand Tharurmal Wadhawa Vs. the State of Maharashtra Thro ...
Court: Mumbai
Decided on: Aug-23-2013
S.B. Shukre, J. 1. By this writ petition, the petitioner has challenged the action of the police station, Gandhinagar, in arresting him in a Chapter Case bearing No.8/12, putting him under handcuffs and parading him in public with handcuffs. The petitioner has also claimed compensation for the said action, alleged to be illegal. 2. This petition has been heard finally at the stage of admission with the consent of the parties. Hence, Rule, made returnable forthwith. Learned A.P.P. for the State waives service of notice for the respondents. 3. The petitioner has seriously questioned in this petition the action of the police station, Gandhinagar, Kolhapur in arresting him and parading him in public in the state of his being handcuffed and, therefore, in order to understand the nature of action and its possible legal consequences, it would be necessary to make a brief reference to the admitted facts of the case. 4. The petitioner is a resident of Gandhinagar, Kolhapur. Police Station Gandh...
Housing Development and Infrastructure Limited Vs. Mumbai Internationa ...
Court: Mumbai
Decided on: Aug-23-2013
Oral Judgment: The Petitioner by invoking the provisions of section 9 of the Arbitration and Conciliation Act, 1996 [for short the said Act] is seeking following interim measures from this Court : (a) that pending the hearing and final disposal of the arbitral proceedings, this Hon'ble Court may be pleased to restrain the Respondent No.1 by an order and injunction from acting in furtherance of the notices of termination both dated 6th February 2013 (at EXHIBTS U and V hereto) including by seeking to re-tender or re-award the SRA project or carry out the balance work through or any third party and seeking to create any third party rights on the encroached areas; (b) that pending the hearing and final disposal of the arbitral proceedings, this Hon'ble Court be pleased to restrain the Respondent No.1 from in any manner either by itself or through its servants, agents and assigns from dealing with or in any manner seeking to alienate, encumber, transfer or create any third party rights in ...
S. Vs. Y.
Court: Mumbai
Decided on: Aug-23-2013
G.S. Patel, J. 1. This is an appeal by the original Respondent before the Family Court, the wife, against the original Petitioner, the husband. The order under challenge is dated 31st October 2002 in Petition No.A-40 of 2000 filed by the husband for a decree of divorce on the grounds of cruelty and desertion, and for custody of their son, then a minor. Before the Family Court, there was also a counter-claim by the wife for restitution of conjugal rights. 2. We have consciously masked the parties names from the title of this judgment. During the course of hearings, we asked Learned Counsel for the parties whether there was any possibility of an amicable settlement. We were told that the wife did not wish to take a divorce, even by mutual consent; she saw this as a stigma. This is unfortunate and regrettable, but we must respect her views. That said, we felt it would be even more traumatic if, after hearing parties, we were to find for the husband against the wife, and uphold the decree ...
Appasaheb Narayan Jadhav Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-23-2013
Oral Judgment: Learned Special Judge, Sangli convicted the Appellant for offence punishable under Section 13(1)(d) read with Section 13(2) and 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act) directing to undergo R.I. for one year and to pay fine of Rs.2,000/- (Rs. Two Thousand only) with default clause to suffer imprisonment for six months and to pay fine of Rs.200/- (Rs. Two Hundred only) respectively. Both substantive sentences was directed to run concurrently. Feeling aggrieved, present Appeal is preferred which is admitted on 21st December, 2004. 2 The appellant was a Talathi at the material time. In Dafalpur, Taluka Jath, District Sangli, was a public servant within the meaning of Section 2(c) of the P. C. Act. The allegations are, in order to effect mutation of the complainant Ankush Baburao Sankpal and his other brothers, sisters, after death of his father Baburao, the appellant allegedly demanded Rs.500/- (Rs. Five Hundred only) which he sc...
Gajanan S/O. Subhashrao Suryawanshi Vs. Sharad Namdeo Pawar and Others
Court: Mumbai Aurangabad
Decided on: Aug-23-2013
A.H. Joshi, J. 1] Case No. CR 49/2011 under Section 3(1)(a) and (b) of the Maharashtra Local Authority Members' Disqualification Act, 1986; and under Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987, (hereinafter referred to as, the Disqualification Act and Disqualification Rules, respectively, for the sake of brevity) was filed by present appellant before the Collector, Nanded . 2] The Collector, Nanded conducted the trial of said application, and after hearing the parties, the Collector decided said application by judgment and order dated 18th February, 2013. Thereby he declared the councilors / the respondents therein as disqualified. 3] Said judgment was challenged in two separate writ petitions, namely, W.P. No. 1875 of 2012 and 1993 of 2012, by two different councilors in each petition. Both the writ petitions were allowed by the learned Single Judge of this court by judgment and order dated 7th May, 2012. 4] The appellant herein was respondent No.3...
Nayan Shankar Patil Vs. Deputy Commissioner of Police and Another
Court: Mumbai
Decided on: Aug-23-2013
S.B. Shukre, J. This petition is directed against the order passed by the respondent No.1 on 20th November, 2012 externing the petitioner for a period of two years, which has been confirmed by the appellate authority by its order dated 22nd March, 2013. 2. This petition has been heard finally at the stage of admission with the consent of the parties. Hence, Rule, made returnable forthwith. Learned A.P.P. for the State waives service of notice for the respondents. 3. We have heard Mr. Prakash Shetty, learned counsel for the petitioner and Mr. K.V. Saste, learned A.P.P. for the State. With their assistance, we have also carefully gone through the petition and the documents annexed to it, including the impugned orders. 4. The first impugned order dated 20th November, 2012 refers to four criminal cases registered against the petitioner and mentions that witnesses are not willing to come forward to give evidence in public against the petitioner. However, it is not reflected in the impugned ...
Shyambahadur Purshottam Sharma and Another Vs. Sudhakar Narshu Poojary ...
Court: Mumbai
Decided on: Aug-23-2013
Heard finally. 2. These group of matters are heard together as a common question for denovo trial in proceedings under Section 138 of Negotiable Instruments Act, owing to transfer of one Judge recording earlier evidence, is to be addressed. 3. In Writ Petition nos.3739 of 2011, 3740 of 2011, 3741 of 2011 and 3742 of 2011, apart from afore referred legal point, Mr.Mundargi has argued on facts to show, how the order of learned Judge of conviction, confirmed in appeal calls for interference. 4. In the said matters, the petitioner - Shyambahadur faced prosecution vide C.C.No.6060/SS/2006 initiated by respondent -Sudhakar Poojary and also prosecution vide C.C.No.6059/SS/2006 initiated by respondent -Bhupen Gala. After recording conviction, the matter was carried by both, the petitioner Shyambahadur and respondent Bhupen Gala, before Additional Sessions Judge, where on 6th September,2011 the learned Additional Sessions Judge dismissed respective appeals and allowed the respective revisions o...
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