Mumbai Court March 2014 Judgments
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Asst. Manager (Legal) Vs. National Insurance Co.Ltd. and Another
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-11-2014
Narendra Kawde, Member: [1] Complainant is a company incorporated under Companies Act, 1956 and availed Standard Fire and Special Peril Policy to provide insurance cover to the stocks situated at various locations in the country issued by the opponent, National Insurance Co.Ltd. (hereinafter referred to as opponent insurer for the sake of brevity). The validity of the insurance policy commenced from 01/10/2004 to 30/09/2005. The stocks situated in the godown at M/s.Om Enterprises, Mahaveer Godown, Survey No.186 and 187, Thane-Bhiwandi Road, Purna, Dist.Thane, interalia, was covered under the insurance policy against the perils. Claim arising on account of unprecedental rains and consequent flooding that occurred on 26/07/2005 in an around Mumbai and Thane area resulting in damage to the insured stock was repudiated by the opponent insurer as no claim. Aggrieved thereby, present consumer complaint has been filed alleging deficiency of service against the opponent insurer claiming total...
The Oriental Insurance Company Ltd. Vs. Mayavati Bharat Bagal and Othe ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Mar-11-2014
Usha Thakare, Judicial Member: Being aggrieved by the order passed by District Consumer Disputes Redressal Forum, Solapur in consumer complaint no.461/2011, original opponent no.3/appellant/Oriental Insurance Company Ltd. has preferred the present appeal. Facts giving rise to this appeal in short are as under:- Complainant-Smt.Mayavati Bharat Bagal is a farmer and she resides at village Dasoor, Taluka- Malshiras, District Solapur. Her husband had taken insurance policy from the opponent no.3/present appellant. Present appellant is an insurance company. The State of Maharashtra had entered into an agreement with this Insurance Company for the farmers accident insurance policy for the area of Pune and Nasik. As per the said policy, the farmer who was injured or died will get benefit of the said policy. The said policy was taken as per the direction of the State Government dated 30/09/2009. Husband of the complainant died while he was driving motor cycle bearing no.MH-45-G 2963. On the da...
Dipak Desai and Others Vs. State Through Police Inspector, C.i.D. Crim ...
Court: Mumbai Goa
Decided on: Mar-10-2014
Oral Order: 1. Heard the learned Counsel for the parties. 2. This common order shall dispose of the above three applications for bail filed by the applicants in Crime No.1/2014 registered with Canacona Police Station for offences punishable under Sections 336, 337, 338 and 304 of Indian Penal Code ('IPC' for short), to which subsequently, the offences under Sections 120-B of IPC and Section 7 and 13(1) (a) and (d) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short) have been added. The applicant Dipak Desai, the Additional Collector-II, North Goa, Panaji, who was holding additional charge of Chief Officer of Canacona Municipal Council in addition to his regular post as Deputy Collector, at Canacona between January, 2010 to October, 2010 and Mr. Pradeep Naik, the Dy. Collector, who worked as Chief Officer, Canacona Municipal Council between September, 2011 to July, 2012 and again from December, 2012 to October, 2013 were arrested on 12/02/2014, whereas the applicant Prashan...
Sau. Archana Rameshwar Shingane and Another Vs. Rameshwar Vishnu Shing ...
Court: Mumbai Nagpur
Decided on: Mar-10-2014
Oral Judgment: 1. Heard. Appeal is taken up for final disposal. 2. Being aggrieved by the Judgment and Order dated 23rd January, 2013 passed by the Principal District Judge, Buldana, in Guardian and Ward Case No. 10 of 2011, by which the learned District Judge allowed the said Guardian and Ward Case No. 10 of 2011 and directed handing over of custody of the daughter _ Ku. Sheetal, aged ten years, to the respondent - Rameshwar, husband, from the appellant - Mrs. Archana, wife, the present appeal has been filed by wife. 3. In support of the appeal, learned counsel for the appellant argued that the impugned Judgment and order shows contradictory reasons and is in contravention of the settled principles in the matter of handing over of custody of the daughters or girl children, that too in a case where the husband re-marries and has a son from the second marriage. According to him, the learned District Judge has ignored that the paramount consideration in such cases is the welfare of the g...
Viraf N. Chiniwala Vs. Amy N. Irani and Another
Court: Mumbai
Decided on: Mar-10-2014
1. Heard. Rule. Rule returnable forthwith with the consent of the parties. Heard forthwith. 2. Such of the facts necessary for the decision of this Writ Petition, are as follows:- (a) The complainant in Criminal Case No.674/SS/2009 filed a complaint before the Addl. Chief Metropolitan Magistrate, 4th Court at Girgaum, Mumbai on 31.8.2007 alleging therein that the present petitioner was indulging into character assassination and defamation of the complainant. The complainant has alleged that she is the resident of Flat No.9/2, Cassinath Building. The petitioner also resides in the same building. Flat No.12A belongs to the father-in-law of the present petitioner and it is situated just above the complainant's flat. The present petitioner had undertaken the work of carrying out repairs in the aforesaid flat i.e. flat No.12A. The complainant had filed a complaint to the Tardeo Police Station alleging therein that the accused is indulging into illegal activities which creates nuisance. On 2...
Kiran Ashok Jadhav Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-10-2014
A.S. Gadkari, J. 1. The Appellant, original accused No.1, has questioned the correctness of the Judgment and Order dated 13 October 2006 passed by the 10th Ad hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.427 of 2006 thereby convicting him for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.15,000/-, in default of the same to suffer rigorous imprisonment for two years. The Appellant has further been convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to suffer rigorous imprisonment for one year. It has been ordered that the said two sentences shall run concurrently. 2. The brief facts which have been enumerated from the record can be stated as under : i) P.W.7 “ Atmaram Davare, Police Sub-Inspector was attached to Goregaon Police Station on 23 February 2006. That at about 11.30 p.m. one Gangaram Panchal gave him telephonic message ...
Diwakar Madhukarrao Pande Vs. Shivaji Education Society and Others
Court: Mumbai Nagpur
Decided on: Mar-10-2014
1. Rule. Rule returnable forthwith. Heard finally by consent of the rival parties. 2. Being aggrieved by judgment and order dated 21.06.2011 passed by Presiding Officer, University and College Tribunal, Nagpur in Appeal No. N-16/97, the petitioner-original appellant, has preferred the present petition. FACTS: 3. The petitioner with a requisite qualification of 10th standard passed was appointed as Peon with effect from 31.07.1992 by respondent nos. 1 and 2-Shri Shivaji Education Society, Amravati in its college at Paoni, Tq. Paoni, Dist. Bhandara. However, on 13.09.1997, with effect from 01.10.1997, the employer terminated his services. The employer had, however, retained the juniors to him in service by name; Mr. Bawankar, Mr. Raut and Mr. Chikhale. The employer, thus, breached the rule of 'last come first go' in violation of the provisions of section 25-G of the Industrial Disputes Act (For short 'ID Act'). The employer also did not comply with the mandatory provisions of section 25-...
Viraf N. Chiniwala Vs. Amy N. Irani and Another
Court: Mumbai
Decided on: Mar-10-2014
1. Heard. Rule. Rule returnable forthwith with the consent of the parties. Heard forthwith. 2. Such of the facts necessary for the decision of this Writ Petition, are as follows:- (a) The complainant in Criminal Case No.674/SS/2009 filed a complaint before the Addl. Chief Metropolitan Magistrate, 4th Court at Girgaum, Mumbai on 31.8.2007 alleging therein that the present petitioner was indulging into character assassination and defamation of the complainant. The complainant has alleged that she is the resident of Flat No.9/2, Cassinath Building. The petitioner also resides in the same building. Flat No.12A belongs to the father-in-law of the present petitioner and it is situated just above the complainant's flat. The present petitioner had undertaken the work of carrying out repairs in the aforesaid flat i.e. flat No.12A. The complainant had filed a complaint to the Tardeo Police Station alleging therein that the accused is indulging into illegal activities which creates nuisance. On 2...
The Association of Recognized Agents Regional and State Transport Auth ...
Court: Mumbai
Decided on: Mar-07-2014
Oral Judgment: Rule Returnable forthwith. Counsel for the Respondents waive service. By consent of the Counsel taken up for hearing. 1. By these proceedings under Article 226 of the Constitution of India the petitioner which is an association of recognized Agents of the Regional Transport Authority is challenging the Judgment and order passed by the learned Judge of the Bombay City Civil Court in Misc.Appeal No.81 of 2012. By the impugned Judgment, Misc.Appeal filed by the petitioner against the order of eviction passed by the Competent authority under Section 4 of Bombay Government Premises (Eviction) Act 1955 (hereinafter referred to as the said Act) and an order of demand of arrears of rent of Rs.5,17,818/- passed under Section 5 of the said Act has been dismissed. The facts in nutshell are: 2. The petitioner is a registered Association formed by the Regional Transport Officers' (RTO) agents who were given permission to occupy a room in the RTO Compound, located at Tulsiwadi, Tardeo...
X Vs. Y
Court: Mumbai
Decided on: Mar-07-2014
S.C. Gupte, J. 1. This appeal is filed by the Appellant husband, whose petition for divorce against the Respondent wife was dismissed by the Family Court. Considering the nature of dispute, we have blocked the names of the parties in the cause title. 2. The Appellant and the Respondent were married on 2 May 1999. Since 14 December 1999, the Respondent has not stayed in the matrimonial home except for a few days between 18 August 2005 to 12 October 2005 after the Appellant filed the present petition for divorce. In between there have been several matrimonial and criminal proceedings between the parties, as mentioned hereinafter. The Appellant sought divorce on the grounds of desertion and cruelty. The Petition was dismissed on 24 August 2006. The present appeal was filed by the Appellant on 6 November 2006. During the pendancy of the present appeal, a spate of criminal prosecutions has been launched by the Respondent against the Appellant, as narrated hereinafter. All this while the par...
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