Mumbai Court February 2014 Judgments
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Nirtubai Vs. Head Master, Higher Grade Marathi Girls School, Gondia an ...
Court: Mumbai Nagpur
Decided on: Feb-20-2014
Oral Judgment: 1. 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 Award dated 7-12-2011 passed by the Labour Court in Reference (IDA) No.02 of 2001. The Reference has been answered in the negative. Hence, the employee is before this Court in this petition. 3. The Labour Court has framed Issue No.1 as under: œWhether the Party No.1 employer proves that there is no relation of 'employer and employee' in between Party No.1 and Party No.2 ?? The issue has been answered in the affirmative, holding that it has been established. Perusal of the issue shows that the burden is cast upon the employer. 4. The question of burden of proof in respect of an issue regarding existence of relationship of œemployer and employee? has been dealt with by the Apex Court in its decision in the case of Workmen of Nilgiri Coop. Mkt. Society Ltd. v. State of T.N. and others, reported in (2004) 3 SC...
imelda D' Souza and Others Vs. State of Goa, through Chief Secretary a ...
Court: Mumbai Goa
Decided on: Feb-20-2014
Oral Judgment: (R.S. Dalvi, J.) 1. The Petitioners, who are the heirs and legal representatives of the original Petitioner, seek to quash Orders dated 24.04.2005 and 06.12.2005, being the Orders in Appeal and dismissal of the deceased wife of Petitioner no. 1-A. The original Petitioner, the deceased wife of Respondent No.1A, was serving as a cashier in Government Higher Secondary School, Lyceum, Panaji. She was initially placed under suspension pending a departmental inquiry. The departmental inquiry has resulted in her dismissal, and which has been confirmed in appeal. 2. The Petitioners claim that the inquiry has been conducted by an incompetent officer. The Respondents have shown the issue of Notification dated 01.12.2003 by the Additional Director/Vigilance in the name of the Governor of Goa specifying the Deputy Director (Adm) Education Department as the Adhoc Disciplinary Authority to conduct the inquiry against deceased wife of Petitioner no. 1-A. This Notification has been issu...
Deputy Collector and Land Acquisition Officer and Another Vs. Mohandas ...
Court: Mumbai Goa
Decided on: Feb-20-2014
Oral Judgment: Admit. Notice made returnable forthwith. Waived. Heard finally at the stage of admission by consent of the parties. 2. The two appeals are decided by the Reference Court by two separate Judgments on 29/06/2012. However, the parties in these two appeals are the same. The two lands from the same survey no no.4/6 from the same village i.e. Loliem from Taluka Canacona are acquired for the same project i.e. for approach roads to Galgibag bridge on NH-17 (re-alignment) and the evidence tendered by the parties is the same and therefore, these two appeals are decided by this common judgment. 3. The Government has acquired the land admeasuring 960 square metres from survey no.4/6 by notification under section 4 bearing no.22/143/90-RD dated 31/1/1991 and the SLAO has passed the award dated 4/3/1993 at the rate of Rs.4/- per sq.metre and also granted the value of trees. The said case was taken to the Collector/SLAO and the original claimant demanded enhanced rate of the compensati...
Tushar @ Darshan Sham Patil Vs. Ku. Mukund @ Nakrand and Another
Court: Mumbai Aurangabad
Decided on: Feb-20-2014
1. Heard. 2. Admit. Heard finally. 3. The learned District Judge-1, Shahada on 14.10.2013, recorded order below Exh.1 in Civil Misc. Application No. 19 of 2012, rejecting the application, moved by Tushar-father of the child-Mukund for custody. 4. The matrimonial relations between Tushar and Smt. Savita and the couple getting the consent divorce in H.M.P. No. 55 of 2007 under Section 13 (1) (ib) of Hindu Marriage Act before the learned C.J.S.D. at Shahada is not in controversy. It is also not in controversy that by virtue of said consent terms, child-Mukund was to remain with Smt. Savita. 5. Mr. Patil, learned counsel for wife Smt. Savita has eloquently pointed out hardship faced by Savita and child. How, according to him, some of the terms in H.M.P. No. 55 of 2007 are against legal spirit, even eclipsing inherent rights of Mukund in such manner. 6. At this stage, this Court is not called upon to determine the genuineness/worth of the consent terms recorded in H.M.P. No. 55 of 2007. A s...
Maruti and Another Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-20-2014
V.M. Deshpande, J. 1. The appellants, who are the husband and wife are questioning the correctness of the Judgment and Order of conviction passed by the learned Additional Sessions Judge, Kandhar, Dist. Nanded dated 12th July, 2011 in Sessions Case No.2 Of 2010 whereby, the learned court below was pleased to record the guilt, for the offence punishable U/Section 302 read with 34 of the Indian Penal Code, 1860 (In short, the I.P.Code) and sentenced both of them to suffer imprisonment for life and both of them were directed to pay fine of Rs. 2000/- (Rs.Two Thousand only) and in default, to suffer rigorous imprisonment for six month. The court below however, was pleased to acquit both the accused for the offence punishable U/Section 449 read with 34 of the I.P.Code. 2. As per the Charge, both the appellants on 2nd September, 2009 at about 8.00 a.m. at village Shelali, Tal. Kandhar, Dist. Nanded in furtherance of their common intention committed the murder of Sunita w/o Madhav Kendre by c...
Ntpc Limited (Formerly National thermal Power Corporation) Limited Vs. ...
Court: Mumbai
Decided on: Feb-20-2014
1. By this chamber summons, defendant seeks an order and direction against the plaintiff to disclose on oath and give inspection and copies of the documents listed in the schedule appended to the chamber summons. Some of the relevant facts which emerge from the pleadings filed by both parties and which are relevant for the purpose of deciding this chamber summons are as under :- 2. Pursuant to the bids invited by the plaintiff for supply of natural gas to power plants at Kawas at Jhanor “ Gandhar, defendant, on 14th May 2004 the defendant confirmed that the defendant had perused the RFP documents and various amendments issued by the plaintiff and confirmed its unconditional acceptance to all provisions of the RFP document read with amendments in totality. The defendant submitted its bid document. 3. By letter dated 16th June 2004 the plaintiff issued a Letter of Intent in favour of the defendant conveying its acceptance to the proposal including financial and supplementary financ...
Amalagiris and Others Vs. M/S. General Nice Mineral Trading Pvt. Ltd. ...
Court: Mumbai Goa
Decided on: Feb-19-2014
Oral Judgment: 1. Heard Mr. Godinho, learned Counsel appearing on behalf of the petitioners and Mr. Grover, learned Counsel appearing on behalf of the respondents. 2. Rule. Rule is made returnable forthwith. The learned Counsel for the respondent waives service of notice. By consent, heard forthwith. 3. By this petition, the petitioners have prayed for quashing and setting aside the order dated 30/10/2013 passed by the learned Civil Judge, Senior Division at Panaji ('trial Court') in Special Civil Suit No. 32/2013/A. 4. The respondent has filed the said Special Civil Suit for recovery of money against the petitioners. The summonses for settlement of issues were served on the petitioners on 05/08/2013 for appearance before the trial Court on 07/08/2013. On 07/08/2013, however, the petitioners remained absent and the matter was adjourned to 04/09/2013 by the trial Court, by giving an opportunity to file written statement/reply on that date. Again on 04/09/2013, the petitioners remained a...
Ajay Naik Dessai, Diploma Holder in Civil Engineering Vs. Police Inspe ...
Court: Mumbai Goa
Decided on: Feb-19-2014
Oral Order: 1. Application is moved by the applicant/accused for the anticipatory bail under Section 438 of the Criminal Procedure Code. 2. The applicant/accused is charged with the offences punishable under Sections 336,337,338,304 read with Section 120-B of the Indian Penal Code and also under Section 7 read with Section 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988. 3. It is the case of the prosecution that a ground plus four storey building collapsed at Canacona on 4/01/2014 leading to 31 casualties. The applicant/accused was holding a post of Municipal Civil Engineer at the relevant time. The building which collapsed was not complete though Occupancy Certificate was granted to the said building on 26/12/2013. The building was constructed for the residential purpose. However, when collapsed, it was not occupied for the purpose of residence. The persons who died and injured in the calamity were all labourers employed by the contractor. The sub quality building m...
M/S Sterling Abodes and Another Vs. Maria Celina Lobo (Since Deceased) ...
Court: Mumbai Goa
Decided on: Feb-18-2014
Oral Judgment: 1. Heard Mr. Thali, learned Counsel appearing on behalf of the petitioners and Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents. 2.R ule. Rule is made returnable forthwith. By consent, heard forthwith. 3. By this petition, the petitioners have taken exception to the order dated 20/08/2013, passed by the learned Civil Judge, Junior Division at Panaji, in Regular Civil Suit No. 46/2000/C. 4. Petitioners are the plaintiffs whereas respondents are the defendants in Regular Civil Suit No. 46/2000.For the sake of convenience, the parties shall hereinafter be referred to as per their status in the said suit. 5. The plaintiffs have filed the said suit for injunction. The said suit was filed in March, 2000. On 11/08/2001, the defendant no. 1 died and her legal heirs were brought on record. On 22/01/2013, the trial Court passed an order directing that the suit shall proceed ex-parte against the defendants. On 18/05/2013, defendants no. 2, 3(a), 3(b), 3(c)...
Jayashree Subhash Kalbande and Another Vs. Bhaurao Nagorao Derkar and ...
Court: Mumbai Nagpur
Decided on: Feb-18-2014
Oral Judgment: Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. The challenge in this petition is to the order dated 18.01.2013 passed by the learned Civil Judge, Junior Division, Hingna, allowing the application Exh. 154 for amendment of written statement filed by the original defendant nos.5 and 6 in Regular Civil Suit No.86/2012. The trial court has recorded the finding that the application for amendment has been moved after affidavit in lieu of examination in chief was filed by the respondent no.5 on 02.05.2009. On the question of due diligence, it has been held that defendant nos.5 and 6 are blaming their earlier advocate for not making sufficient and elaborate pleadings and there is a dispute going on between defendant Nos.5 and 6 and their counsel. It has been held that due to the mistake of counsel, the parties cannot be made to suffer or denied the fair trial of the suit by putting forth their defence. It...
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