Mumbai Court February 2014 Judgments
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Bharat Ramkishan Wadkar (Padile) Vs. State of Maharashtra Through Its ...
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
Oral Judgment: (S.C. Dharmadhikari, J.) 1. Heard. Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing. Since no adverse orders are being passed against respondent No.4, writ petition is heard and decided in his absence. 2. The petitioner had, in our opinion, made a very innocuous request. He completed his SSC from Chatrapati Shahu Madhyamik Vidyalaya, Satala (Bk), Taluka Udgir, District Latur, in the year academic year 2006-07. While taking admission in the secondary school, it is the case of the petitioner that inadvertently his surname was mentioned as Padile instead of Wadkar. 3. He made an application in the year 2009 praying that correction be made in the surname in the general register of secondary school. The Head Master duly considered this request and by a proposal, he recommended change of surname/correction. 4. The Deputy Director of Education approved correction by order dated 27.1.2009. In the meanwhile, what has transpired is, that peti...
Mohd. Sardar (Died), Through L.Rs. and Others Vs. Rafiq Ahmed
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
1. This Appeal from Order under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC for short) is filed by appellants (L.Rs. of original plaintiff Mohd. Sardar s/o Mohd. Umar), against the order of remand. (I will refer to Mohd. Sardar as plaintiff) Plaintiff Mohd. Sardar filed Regular Civil Suit No. 46/1999 against the respondent Rafiq Ahmad (hereinafter referred to as "the defendant") in the Court of Civil Judge, Junior Division, Sailu for specific performance of contract, which came to be decreed on 6.7.2001. The defendant filed Regular Civil Appeal No.89/2004 before District Judge, Parbhani. The Principal District Judge, Parbhani, by judgment and order dated 14.1.2009, remanded the matter to the trial Court and thus this Appeal. 2. In nutshell, the matter is as under: Plaintiff Mohd. Sardar brought the suit, claiming that defendant had entered into agreement of sale dated 19.8.1996 for the suit property for consideration of Rs.50,000/-. Plain...
Faridabegum and Others Vs. Daulat Khan and Another
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
Oral Judgment: 1. Heard. 2. Admit. Heard finally. 3. Dismissal of MACP No.728/2005, by learned Ex Officio Member, Motor Accident Claims Tribunal, Nanded, by order dated 18.7.2011 is questioned by the appellants / claimants. 4. FACTS: a) Shaikh Yunus, 39 years old, a teacher, drawing monthly salary of Rs.9276/- (Exh.46), suffered fatal accident in the night of 21.12.2003, while he was plying his Bajaj M-80 vehicle bearing No.MH-26-A-6261. This gave rise to lodging of FIR Exh.32 against an unknown vehicle by brother of the deceased. b) The case of the claimant was, the driver of the truck ran away and Crime bearing No.303/2003 was registered by Police Station, Nanded (Rural), under Sections 279, 304-A of IPC read with Section 134 of the Motor Vehicles Act. 5. CASE: The claimant Smt Faridabegum, widow of Shaikh Yousuf, asserts that after the accident, she had been to Nanded to her aunt where she came in contact with one Mohd.Rafiq, landlord of her aunt, who learnt from either her aunt or ...
Fidelis Caetano Teodomiro Filomeno Da Costa Alias Fidelis Da Costa and ...
Court: Mumbai Goa
Decided on: Feb-11-2014
Oral Judgment: 1. Heard Mr. Ramani, learned Counsel appearing on behalf of the petitioners and Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents. 2. Rule. Rule made returnable and heard forthwith. 3. By this petition, the petitioners have taken exception to the judgment and order dated 27/09/2013 passed by the learned District Judge-II, South Goa at Margao (First Appellate Court) in Miscellaneous Civil Appeal No. 93/2013. 4. Upon the expiry of Placido Joao Joaquim Santo Aleixo da Costa, his son, the petitioner no.1, initiated Inventory Proceedings No. 98/1983/E, in the Court of Civil Judge, Junior Division at Margao (Trial Court) to get the estate of the deceased partitioned. In the said Inventory Proceedings, the widow of the deceased namely Delfina Isabel Braganza e Costa was appointed as Cabeca de Casal but as she was old and unable to discharge the duties of Cabeca de Casal, the petitioner no.1 came to be appointed as Cabeca de Casal. The said Delfina Isabe...
Kamlakar Devidas Patil and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-11-2014
Oral Judgment: (P.V. Hardas, J.) 1. Appellants, namely, accused-Kamlakar Devidas Patil appellant in Criminal Appeal No.1227 of 2005, accused-Devidas Vasudev Patil appellant in Criminal Appeal No.1229 of 2005 and accused-Tarun Devidas Patil appellant in Criminal Appeal No.1087 of 2005 by this appeals challenge their conviction and sentence for offence punishable under Sections 302 read with 149, 147 and 148 of Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay fine of Rs.5,000/- each, in default of which to undergo further RI for 3 months, by IV Additional Sessions Judge, Thane, by judgment dated 29.10.2005 in Sessions Case No.198 of 2004, Sessions Case No.461 of 2004 and Sessions Case No.332 of 2003 respectively. 2. Though these appeals have been rendered in 3 sessions cases, the said sessions cases pertain to the same incident, and since the evidence in all three sessions cases is common, these appeals are being decided by this common judgment. 3. The facts in b...
Head Master, Shri Gurudeo Post Basic Ashram and Another Vs. Prabhakar ...
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The School Tribunal, Chandrapur, has allowed Appeal No.STN 218/1995 filed by the respondent No.1 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (œthe MEPS Act?) challenging his termination from service from the post of a Clerk, by its judgment and order dated 31-8-2012. The School Tribunal has recorded the finding that the appointment of the respondent No.1 was in a permanent vacancy and the same should have been made on probation. The respondent No.1 had worked continuously for the period from 1-7-1993 to 30-4-1995 and his services could not have been terminated, except on the ground of unsatisfactory work, conduct or behaviour. 3. The undisputed factual position is that by an order dated 1-7-1993, the respondent No.1 was appointed as a Clerk with effect from 1-7-1993 until further order. T...
Namdeo Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
S.S. Shinde, J. The present appeal is filed challenging the judgment and order dated 23/08/2011 passed by the Additional Sessions Judge, Udgir in Sessions Case No.54 of 2008. Originally there were three accused, however, accused Nos.2 and 3 namely Mariba Laxman Waghmare and Kondabai Mariba Waghmare respectively, came to be acquitted from all charges levelled against them. However, appellant herein., i.e. original accused No.1 Namdeo s/o Mariba Waghmare, is convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 498-A of Indian Penal Code and sentenced to suffer Simple Imprisonment for 2 years and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo simple imprisonment for 6 months. Accused No.1 Namdeo is also convicted for the offence punishable under Section-302 of Indian Penal Code, and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 5,000/. In default of payment of fine, to undergo further ri...
Anita Vs. Upale Rayat Shikshan Sanstha Upale (MA.), Through Its Presid ...
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
Oral Judgment: (S.C. Dharmadhikari, J.) 1. This LPA raises an arguable question and, therefore, it is admitted and taken up for final hearing by consent of parties, forthwith. 2. It challenges the order passed by the learned Single Judge, dismissing the writ petition, preferred by the appellant, bearing W.P. No. 6381 of 2010 by the order under challenge dated 21st March, 2011. The learned Single Judge, in dismissing the writ petition, has confirmed the order passed by the Presiding Officer, School Tribunal, Solapur dated 9.9.2009, in Misc. Application No. 11 of 2009. 3. The petitioner/appellant, approached the School Tribunal by way of filing an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service and Regulation) Act, 1977, (for short, œthe MEPS Act?), questioned the action of the management in refusing to permit her to sign the muster roll since 18th July, 2008. Since she terms this as a termination or dismissal from service, that she was...
Fidelis Caetano Teodomiro Filomeno Da Costa Alias Fidelis Da Costa and ...
Court: Mumbai
Decided on: Feb-11-2014
Oral Judgment: 1. Heard Mr. Ramani, learned Counsel appearing on behalf of the petitioners and Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents. 2. Rule. Rule made returnable and heard forthwith. 3. By this petition, the petitioners have taken exception to the judgment and order dated 27/09/2013 passed by the learned District Judge-II, South Goa at Margao (First Appellate Court) in Miscellaneous Civil Appeal No. 93/2013. 4. Upon the expiry of Placido Joao Joaquim Santo Aleixo da Costa, his son, the petitioner no.1, initiated Inventory Proceedings No. 98/1983/E, in the Court of Civil Judge, Junior Division at Margao (Trial Court) to get the estate of the deceased partitioned. In the said Inventory Proceedings, the widow of the deceased namely Delfina Isabel Braganza e Costa was appointed as Cabeca de Casal but as she was old and unable to discharge the duties of Cabeca de Casal, the petitioner no.1 came to be appointed as Cabeca de Casal. The said Delfina Isabe...
M/S. Universal Marine and Another Vs. M/T Hartati and Another
Court: Mumbai
Decided on: Feb-11-2014
1 The Plaintiffs had sought and obtained on 09-08-2012 an ex-parte order of arrest of the 1st Defendant-Vessel M.T. Hartati in respect of their alleged claim as set out in the particulars of claim at œEx. E? in the plaint. The claim was in sum of Rs. 24,75,000/- which the owners of the 1st Defendant-Vessel furnished as security without prejudice to their rights and defences. Accordingly, the Order of arrest of the 1st Defendant-Vessel was vacated by an order passed on 16-08-2012 and the vessel was directed to be released upon the owner of the 1st Defendant depositing the amount of Rs. 24,75,000/- as security with the Prothonotary and Senior Master. 2 While obtaining the Order of arrest, the Plaintiffs had in para 2 averred as under:- œThe Defendant No. 1 is a foreign flag vessel owned by Defendant No. 2 having their address shown in cause title. The Defendant No. 1 is presently in the port and harbour of Mumbai i.e. within the Admiralty jurisdiction of this Hon'ble Court. B...
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