Mumbai Court May 2014 Judgments
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Union of India Vs. the Government of Maharashtra and Another
Court: Mumbai
Decided on: May-02-2014
1. This Notice of Motion is taken out by defendant No.2 for a declaration that the suit filed by the plaintiff through the General Officer in Command (GOC) is without sanction an authority in law as per the provisions contained in Military Lands Manual (MLM) and the rules for the Acquisition, Custody and Relinquishment of Military Lands in India, 1944 (ACR) and the instructions contained in 'Disposal of Old Records' and for holding that the suit is barred by law under Order 7 Rule 11(d) of the CPC and to reject the plaint. 2. The suit is filed by the Union of India. It is on title. The plaintiff has applied for declaration that it is the sole and absolute owner of the suit property for recovery of possession and other incidental reliefs. Being a suit by the Union of India, it is filed by the officer appointed by the Government in that behalf. 3. Paragraph 75 of the plaint shows the averments that the plaint is declared by Major General Deepak Saxena, Chief of Staff, HQ, MG and G Area, ...
Chandrappa Durgappa Harijan and Others Vs. Harishchandra Umesh Parulek ...
Court: Mumbai Goa
Decided on: May-02-2014
1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal, South Goa, at Margao, in Claim Petition no. 104/2006 on 31.07.2008, by which, the Claim Petition filed by the Appellants is dismissed on the ground that the Appellants have failed to prove that the car was driven rashly and negligently at the time of the accident. 2. The case of the Appellants is that Shri Muchukandi Chandrappa Harijan, the son of the Appellant nos. 1 and 2, husband of the Appellant no. 3 and father of the Appellant no. 4, died because of the injuries suffered by him in the accident which had taken place on 11.01.2006 at about 8.06 a.m. According to the Appellants, the deceased was proceeding from NSD Dabolim to Vasco, on his bicycle and when he reached the four lane highway near Alto Dabolim, a Maruti car driven by the Respondent no. 1 rashly and negligently dashed against him due to which he suffered injuries and expired. The car involved in the accident was owned by the Respondent no...
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