Mumbai Court February 2014 Judgments
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Sandeep Singh Bharadwaj Vs. Tower Capital and Securities Pvt.Ltd. and ...
Court: Mumbai
Decided on: Feb-12-2014
P.C.: The Notice of Motion is taken out by the Plaintiff for a temporary restraint against the Defendants from closing down and / or stalling the functioning and / or disposing off the assets of Defendant No.1 company, or in the alternative, a direction to the Defendants to deposit a sum of Rs.1,70,83,688/-. In the alternative, reliefs are claimed under Order XXXVIII Rule 5 of the CPC in respect of the properties described in the Schedule to the Notice of Motion. 2. The suit is instituted by the Plaintiff, who is an ex-employee of Defendant No.1 company, claiming various dues by way of salary, bonus and share of profits receivable by the Plaintiff from Defendant No.1 company. The particulars of the Plaintiffs claim are annexed at Exhibit X to the plaint. 3. The affidavit of the Plaintiff in support of the Notice of Motion avers that Defendant No.1 company, which deals in securities, is planning to close down its business. The Plaintiff claims that this is evident from the fact that Def...
EdwIn Fernandes Vs. Bhavanidas Nagesh Parkar and Another
Court: Mumbai Goa
Decided on: Feb-12-2014
Oral Judgment: 1. This appeal is directed against the judgment dated 8/07/2010 passed by the Judicial Magistrate First Class, Mapusa, thereby acquitting the respondent/original accused for the offence punishable under Section 138 of the Negotiable Instruments Act of 1881. 2. It is the case of the complainant that the respondent/original accused was his friend and he was in need of money due to illness of his mother. So he made a demand of Rs.1,75,000/- (Rupees one lac seventy five thousand only) for her hospitalisation approximately in the month of June, 2008. The complainant gave amount of Rs.1,00,000/- (Rupees one lac only) in June, 2008 by cash against which the respondent/original accused issued postdated cheque dated 12/07/2008 of Rs.1,00,000/- (Rupees one lac only), drawn on Madgaon Urban Co-operative Bank, Ponda Branch, in favour of the complainant. The said cheque was dishonoured for insufficient funds on 22/08/2008. The complainant, thereafter, issued statutory notice on 19/09...
District Animal Husbandry Officer Vs. Chhaya and Others
Court: Mumbai Nagpur
Decided on: Feb-12-2014
Oral Judgment: 1. This appeal is filed against the judgment and order passed in Workmen's Compensation Application (F) No. 4 of 2006 on 11/3/2010 by the Commissioner for Workmen's Compensation, Labour Court, Buldhana. The appellant is original non-applicant No.1, respondents No. 1 to 4 are the original applicants/claimants and respondent No.5 is original non-applicant No.2. The facts giving rise for filing of this appeal may be stated in brief as under.: Respondent No.1 is the widow of deceased Dilip while respondents No.2 to 4 were the son and parents of deceased Dilip, respectively. Deceased Dilip, according to respondents No.1 to 4, was the original employee of respondent No.5 but at the time of his death, he was rendering his services to the appellant as a Driver. On 06/7/2005, he was driving one motor vehicle bearing registration No. MH-29/C-283 by which doctors and other officers of the appellant were travelling in discharge of their official duty. When the said vehicle reached n...
Tukaram Kshemchandra Redkar Vs. Sanjay Shankar Mandrekar
Court: Mumbai Goa
Decided on: Feb-12-2014
Heard Mr. Lawande, learned Counsel appearing on behalf of the petitioner and Mr. Karpe, learned Counsel appearing on behalf of the respondent. 2. Rule. Rule made returnable forthwith. By consent heard forthwith. 3. By this petition, the petitioner has taken exception to the judgment and order dated 21/10/2013 passed by the learned District Judge “ I, South Goa, Margao (Trial Court) in Election Petition No. 1/2010/I. 4. Since 25/09/1989, the petitioner is working as a primary teacher in a Government Aided School which was managed and administered by Shree Susenashram Education Society (the Society). The said school has been taken over by the Government under subsection (1) of Section 20 of the Goa, Daman and Diu School Education Act, 1984 (the Education Act) as from 04/05/2010. The Chief electoral Officer, for the State of Goa, vide notification published in the Official Gazette dated 04/10/2010, under the provisions of Goa Municipalities Act, 1969 (the Municipalities Act), declar...
Ravindra Nanasaheb Deshmukh and Another Vs. Shankarrao Dashrath Ingle ...
Court: Mumbai Nagpur
Decided on: Feb-12-2014
1. Both these appeals are directed against common judgment and order passed on 16/10/2010 by District Judge, Washim in Miscellaneous Judicial Case Nos.61 and 62 of 2008. 2. The controversy involved in these appeals has at its root a dispute that is raging between the appellants and the respondents in respect of the control over the management of the affairs of œShree Ambika Education Society, Gawha, District Manora, District Washim? (hereinafter called the 'Society' for short). The said Society is registered under the provisions of Bombay Public Trust Act, 1950 (hereinafter referred to as, 'the BPT Act', for short) bearing registration No.F153/ Akola dated 07/7/1964. The affairs of the Society are carried on in accordance with its written constitution containing various rules and regulations to govern all aspects relating to management and execution of the Society. 3. It is the case of the appellants that prior to 12/7/1996, appellant No.2 was the member of the executive committe...
Sunita Vs. the Zilla Parishad, Through Chief Executive Officer and Oth ...
Court: Mumbai Aurangabad
Decided on: Feb-12-2014
Rule. Rule made returnable forthwith. Heard finally with the consent of parties. 2. In the present petition the petitioner, a widow, has prayed for quashing of the process of appointment of Anganwadi Karyakarti/Sevika for mauja Ardhapur, District Nanded, initiated by the respondents vide notice dated 19.7.2012. The petitioner has also prayed for ancillary reliefs like that of consequential appointment on the post of Anganwadi Karyakarti/Sevika. The petitioner has prayed for interim relief for stoppage of the recruitment process. 3. This petition came to be filed on 4.9.2012 and this Court on 24.9.2012 has granted time upto 22.10.2012 to respondents no.1 to 3 for filing reply. The matter was adjourned from time to time and as affidavit in the petition was not filed, on 19.12.2012, the Court has passed following order: "Respondents shall file affidavit-in-reply within four weeks. Stand over to 18.1.2013. The appointment to the post of Anganwadi Karyakarti/Sevika, if any, in the interveni...
Mohd. Sadiq Mohd. Rafiq Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-12-2014
Oral Judgment: (A.S. Chandurkar, J.) 1. The appellant-accused no.1 seeks to challenge his conviction for offences punishable under Sections 302, 498 A and 201 of the Indian Penal Code (referred to as œthe Penal Code? for short) vide judgment dated 21.9.2010, passed by the learned Additional Sessions Judge “ 2, Akola. 2. The facts, as can be gathered from the material on record, are that one Nazia Firdos was married to the appellant on 6.5.2007. After her marriage they were residing at village Pinjar in Akola District. The appellant was running an electronic shop in the said village. On 24.4.2008, the appellant and his wife had been to Amravati for attending the marriage of Nazia's cousin sister. Nazia stayed at Amravati after attending said marriage. On 12.5.2008, the parents had been to Amravati to bring his wife back. On the next day, Nazia had told her brother and mother that the appellant was demanding Rs.50,000/- for his electronic shop. Nazia's mother collected an amo...
Conwood Agencies Pvt. Ltd. Vs. Pushpa Heritage Chs Ltd. Through Its Ho ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Feb-12-2014
R.C. Chavan, President: This appeal is directed against the order passed by Mumbai Suburban District Consumer Disputes Redressal Forum, at Bandra partly allowing consumer complaint no.441/2007 and directing amongst others the present appellant to pay a sum of Rs.5,00,000/- to the complainant with interest @ 9% p.a., to obtain Occupation Certificate and to pay penalty in the sum of Rs.1,000/- per day as also Rs.5,000/- towards costs. Facts which are material for deciding this appeal are as under:- The members of the complainant society had entered into agreements with respondent no.1-M/s.Dwelling House Construction Co. and had been placed in possession of respective flats since the year 1994. However, Occupation Certificate was not obtained and, therefore, the members were required to pay water charges and municipal taxes at higher rates. Since the entreaties made by the society to the appellant and M/s. Dwelling House Construction Co. did not yield the desired response, the society ...
AmIn Khoja Vs. Sadhu Vaswani Medical Complex Inlaks and Budhrani Hospi ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Feb-12-2014
R.C. Chavan, President: 1. This appeal is directed against the order passed by the Additional District Consumer Disputes Redressal Forum, Pune partly allowing consumer complaint no.740/2001 and directing the appellants/ original opponent nos.1, 5 and 7 to jointly and severally pay to the complainant an amount of Rs. 10,000/- towards costs and compensation. 2. Facts which are material for deciding this appeal are as under:- The complainant had been admitted to opponent no.1s hospital run under the supervision of opponent no.5 “Medical Superintendent and opponent no.7- Director of the hospital. He was admitted on 16/08/1995 on the basis of sonography report, which indicated that there were some kidney stones. The stones were surgically removed. Thereafter, on 17/08/1995 the complainant started having chest pain and an Xray was taken. The complainant was told that a bag would have to be inserted to drain out the fluid from the lungs. A bag was then attached to drain the fluid from h...
Ramu Shankar Wagh Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. The applicant has been convicted by the learned Ad hoc Assistant Sessions Judge, Nagpur, for the offences punishable under Sections 306 and 498A of the Indian Penal Code. In all there were three accused including the applicant. The applicant was accused No.1 in the Sessions Trial No.409/2002. Accused Nos. 2 and 3 were brothers of the applicant. All the accused were chargesheeted for the offences punishable under Sections 306, 498A and 304B read with Section 34 of the Indian Penal Code. Accused Nos. 2 and 3 have been acquitted of all the charges framed against them. Accused No.1/applicant has been acquitted of the offence punishable under Section 304B of the Indian Penal Code and is convicted of the offences punishable under Sections 306 and 498A of the Indian Penal Code. 2. The prosecution case, in brief, is that deceased Swati was married to the applicant on 26-5-2001. The applicant and his brothers were staying at Village Chande Mangali in Tahsil-Mouda, District-Nag...
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