Mumbai Court December 2014 Judgments
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Navin and Others Vs. Pradhana @ Pinki
Court: Mumbai
Decided on: Dec-15-2014
P.C. :1. This petition is filed by the uncle, aunt, paternal grandfather and paternal grandmother of the minor child Udit Sarawagi for declaration of the uncle and in the alternative of the paternal grandfather as the guardian in respect of the person and property of the minor child. It is also for injunction restraining the biological mother of the minor child (respondent) from disturbing the custody of the minor child with the petitioners.2. The Family Court, Mumbai would have jurisdiction for declaration of the guardianship of the person of the minor child. However, the petitioners have shown certain properties of the minor child annexed to the petition being the mutual fund in ICICI Prudential and Life Insurance policy in respect of child Exh.D and D1 to the petition. Consequently this Court would have inherent jurisdiction to dispose of the petition (See the case of Girish J Bobade Vs. Ajay Thakur and Ors, 2006(2) ALL M R 381).3. The minor child was born to the respondent and her ...
Desale Kiran Sureshrao and Others Vs. The State of Maharashtra, throug ...
Court: Mumbai
Decided on: Dec-15-2014
AnoopV. Mohta, J. 1. The Petitioners were selected by Respondent No.2-Pune Municipal Corporation (PMC), as per the selection process and the procedure so declared in the year 2012. Respondent No.1-State of Maharashtra by order dated 20 September 2012, however, quashed and set aside the whole selection process by accepting the case of complainant/Respondent No.3 who was also named in the list dated 19 October 2011 of selected candidates for the appointment of Junior Engineer (Civil) along with the Petitioners and 1394 others. On 24 June 2012 written tests were held. About 121 candidates were passed. On 30 July 2012 those passed candidates were interviewed by PMC. The list of final selected candidates dated 3 August 2013, which includes the name of Petitioners and Respondent No.3 was declared. 2. Some complaints were lodged. On 31 July 2012, the Vigilance Department of PMC submitted a report about the answer sheet in respect of one Ketan Ramchandra Jadhav. On 2 August 2012, the Deputy Co...
Damodhar and Another Vs. Maharashtra State Road Transport Corporation ...
Court: Mumbai Nagpur
Decided on: Dec-15-2014
P.N. Deshmukh, J. 1. All these first appeals can be conveniently disposed of together as they are arising out of common judgment and order passed by the Chairman, Motor Accident Claims Tribunal, Amravati, in Motor Accident Claim Petition (MACP) No.143 of 2007 and M.A.C.P. No.413 of 2008 filed by parents, wife and daughter, respectively, of deceased Rajendra Verma, whereby the total compensation awarded is Rs.10,33,500/-, inclusive of 'no fault liability' with interest at the rate of Rs. 8% per annum from the date of petition till its realization. Out of said amount, Rs.1,00,000/- and Rs.2,00,000/-, respectively, are ordered to be paid to the parents of deceased while remaining amount along with interest is ordered to be equally paid to the widow and daughter of deceased. 2. First Appeal No.250 of 2012 is filed by the parents Damodhar Verma, aged 65 years, and Sau.Sunita Verma, aged 60 years of deceased Rajendra, while no appeal is preferred by the widow and daughter of the deceased. Fi...
Pandurang Mahada Salsundar Vs. State of Maharashtra, through its Secre ...
Court: Mumbai Nagpur
Decided on: Dec-12-2014
P.R. Bora, J. 1. Civil Application (W) for Amendment: Today, when the matter was called out for hearing at admission stage, application for amendment of writ petition is submitted across the Court. Petitioner desires to bring on record the subsequent event of his acquittal from Regular Criminal Case No. 330 of 2010 by amending the petition. Application is not opposed by learned Assistant Government Pleader appearing for respondents. In view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. Office to register the application. Petitioner to carry out amendment forthwith. 2. WP No. 396 of 2014 : Rule. Heard forthwith by consent of parties. 3. This petition involves a short but important question of law viz. Whether termination of the services of the petitioner merely on the ground of pendency of one criminal case against him on the date of his appointment would legally sustain? 3. Petitioner has challenged the judgment in Original Appl...
State of Maharashtra (Forest Department) Vs. Suraj Pal
Court: Mumbai Nagpur
Decided on: Dec-12-2014
1. Heard Mr. Kartik N. Shukul, learned Special Public Prosecutor for the Forest Department of State of Maharashtra and Mr. R.J. Mirza, learned counsel for the non-applicant. 2. This application filed under Section 439(2) of the Criminal Procedure Code seeks cancellation of bail granted under Section 439(1) of the Criminal Procedure Code on 30.7.2014 in M.C.A. No.1332/2014 by Additional Sessions Judge, Nagpur. 3. The non-applicant came to be arrested by the State Forest Department in Preliminary Offence Report (hereinafter referred to as, P.O.R.) No.32/2013, registered for an offence punishable under Section 51 read with Sections 9,39, 44, 49B and 52 of the Wild Life (Protection) Act, 1972 against several accused persons including the non-applicant. The main allegation against the non-applicant is that he is a trader, who deals in purchase and selling of endangered wild animals including critically endangered animal, the tiger, and is also a provider of funds and logistical support requ...
Nandlal N. Dave Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Dec-12-2014
Chief Justice 1. Rule. Respondents waive service. By consent of parties, rule made returnable forthwith and heard finally. 2. By this Petition under Article 226 of the Constitution of India, the Petitioner who is a practicing Advocate of this Court since 1973, seeks quashing of the Final Report of Respondent No.2 dated 7th June, 2008 and the order passed pursuant thereto dated 13th October, 2008 respectively. The impugned Final Report and the impugned order are passed under the provisions of the Notaries Act, 1952 and the rules framed thereunder. The impugned Final Report was passed after an inquiry was conducted against the Petitioner pursuant to a complaint filed on 14th October, 2002 by one Mr D.V. Sheth. The gist of the complaint was that the Petitioner had indulged in notarizing documents without identification and in the absence of the executants of the said documents. In other words, the documents that were notarized by the Petitioner were not executed by the signatories thereof...
Leelabai Sureshrao Bawane and Others Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Dec-12-2014
Oral Judgment: (V.M. Deshpande, J.) 1. These three Criminal Appeals arise out of a judgment and order of conviction passed by the 3rd Adhoc Additional Sessions Judge, Wardha dated 13.10.2005, convicting the appellants in these appeals, for the offences punishable under Sections 147, 148, 223, 337 and 149 of the Indian Penal Code and they were directed to suffer imprisonment for a period of one month each on all counts and to pay fine of Rs.500/- each on all counts, in default to suffer R.I. for a period of one months each on all counts. They are also convicted for the offence punishable under Sections 302, 307 and 149 of Indian Penal Code and they are sentenced for imprisonment for life each on all counts and pay fine of Rs. 5000/- each on both the counts, in default to suffer R.I. for one year on both the counts. 2. Criminal Appeal No. 577/2005 is preferred by accused no.3 Leelabai Bawane, accused no.4 Suresh Bawane, accused no.6 Vijay Bawane. Criminal Appeal No. 593/2005 is preferr...
National Insurance Co. Ltd. Vs. Rasida Begam Sheikh and Others
Court: Mumbai Nagpur
Decided on: Dec-12-2014
Oral Judgment: 1. Heard finally by consent of learned counsels appearing for the parties. 2. In Motor Accident Claim Petition No.627/2004 filed under Section 166 of the Motor Vehicles Act, the Tribunal has passed an award on 02.12.2010 holding that the owner and the appellant - Insurance Company are jointly and severally liable to pay the amount of compensation of Rs.3,51,000/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till its realization. This award passed on 02.12.2010 is the subject-matter of challenge in this appeal by the appellant - Insurance Company. 3. Shri Godbole, the learned counsel appearing for the appellant - Insurance Company has urged that a specific defence was taken before the Trial Court that the driver of the offending vehicle did not possess the valid driving licence on the date when the accident occurred. He submits that the notices were issued by the Insurance Company to the owner of the vehicle at Exh.50, 51, 52 a...
Sandeep Inderchand Gandhi and Others Vs. The State of Maharashtra, thr ...
Court: Mumbai Nagpur
Decided on: Dec-12-2014
A.B. Chaudhari, J. 1. Rule. Rule is made returnable forthwith. Learned Asstt. Govt. Pleader Mrs. S.S. Jachak waives service on behalf of respondent no.1, and learned Adv. Mr. Anjan De, for respondent no.2. By consent of rival parties, this Writ Petition is taken up for final hearing and disposed of by this Judgment and Order. 2. By the present Writ Petition, the petitioners, who are the tax payers to Municipal Council, Hinganghat, have put to challenge the implementation and methodology of assessment of Municipal Tax/Property Taxes through a private agency for the period from 2012-13 to 2015-16 being in violation of the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 [hereinafter referred to as the Maharashtra Municipalities Act, for short], so also the Resolution dated 1st October, 2010 passed by the respondent no.2, Municipal Council, Hinganghat. Facts: 3. The petitioners are resident of various wards within the municipal limits o...
Shivashankar Swami Vs. The Municipal Corporation of Greater Bombay and ...
Court: Mumbai
Decided on: Dec-12-2014
1. Heard submissions at the bar and considered the pleadings of the parties before the Court.2. Review petitioner / applicant by this review petition prays for recalling / setting aside the Oral Judgment and order dated 6th September 2013 passed in First appeal no.174 of 2005 which was preferred from dismissal of the L.C Suit no.3951 of 1999, dismissed by the Bombay City Civil Court on 31-08-2004. Upon inspection dated 07-01-1999 by the Assistant Engineer 'K' ward of the Municipal Corporation of Greater Mumbai, an unauthorized construction of the Mezzanine floor was detected. Subject matter of the suit mezzanine floor structure described in the notice issued under Section 354-A of the Mumbai Municipal Corporation Act. Municipal Corporation of Greater Mumbai had issued notice dated 05-07-1999 to the Plaintiff for an unauthorized construction of the mezzanine floor admeasuring 21 feet x 19 feet, constructed with B.M. walls and AC sheet roof in the suit room. The mezzanine floor was const...
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