Mumbai Court July 2014 Judgments
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National Insurance Co. Ltd. Vs. Jayshri and Others
Court: Mumbai Nagpur
Decided on: Jul-30-2014
1. This appeal is directed against the judgment and order dated 18/8/2012 passed in Claim Petition No.25 of 2006 by Motor Accident Claims Tribunal-2, Nagpur. 2. The facts of the case may be stated in brief as under.: Respondent No.1 and respondents No.2 and 3 are respectively the wife and parents of the deceased Pramod Gadbail and respondents Nos.4 and 5 are respectively owner and the driver of the offending vehicle Scorpio make bearing registration No.MH-31 BB 5489, which was insured with the appellant at the time of the accident. On the fateful day i.e. on 10/12/2005 the said Scorpio vehicle gave dash to the cycle of deceased Pramod as a result of which, deceased Pramod suffered injuries to which he later on succumbed in the hospital. According to respondents No.1 to 3, the accident had occurred due to rash and negligent driving of the said vehicle and, therefore, they filed claim petition against respondents No.4 and 5 and also against the appellant claiming compensation from them. ...
Rafiq and Another Vs. State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Jul-30-2014
Shinde, J. 1. The learned Counsel appearing for the petitioners submitted that on 20th August, 2005, there was quarrel between the petitioners and one Chhotu Hasan Gowli and another person by name Shaikh Kasam Hasan Gowli near Mamaji Talkies in Bhusawal. The petitioners went to Police Station for lodging complaint against the said persons. However, the Police did not register the case. It is submitted that on 23rd August, 2005, the respondents No.3 took the petitioners to the Police Station and made them to sit for 4 hours without informing them anything as to why they were brought to the police station. Later on, the respondent No.3 asked the petitioners to pay Rs.10,000/- stating that he would not register any case against Ganga Kanhaiya and Burhan Buddu but, would initiate proceedings under Section 107 of Cr.P.C., and would set them free. It is further submitted that the arrest of the petitioners on 23rd August, 2005 was without following the procedure. It is further submitted that ...
Twinkle Jatin Khanna @ Twinkle Akshay Kumar Vs. Anita Advani
Court: Mumbai
Decided on: Jul-30-2014
Oral Judgment: 1. By this chamber summon the applicant seeks that the order dated 17 February 2014 passed by the Learned Commissioner of Taking Accounts rejecting the review petition filed by the applicant be set aside and seeks that the application filed by the respondent for certified copies of the proceedings of probate petition No. 1388 of 2012 be dismissed. Some of the relevant facts for the purpose of deciding this chamber summon are as under:- 2. Applicant is the daughter of the late Mr Rajesh Khanna who expired on 18th July 2012. It is case of the applicant that the said deceased had left a will and testament dated 19th June 2012 and had appointed the applicant as executrix of the said will. The applicant filed a testamentary petition in this Court being No. 1388 of 2012 for probate of the said will. By an order dated the 6th October, 2002 this Court allowed the said petition and granted probate in respect of the said will. 3. Sometime in the month of November 2012 the responde...
Baba Narayan Chambare Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-30-2014
Oral Judgment: 1. None for the appellants. The appellants are in custody since the date of conviction. This Court, therefore, appoints learned counsel Mr. T.U. Tathod to appear on behalf of the appellants in Criminal Appeal Nos.436/2012 and 437/2012. 2. The appellants have been convicted for the offences punishable under Sections 363 read with Section 34, 506-II read with Section 34 and 376(2)(g) of the Indian Penal Code. 3. Complainant Smt. Nita Wasudeo Meshram aged about 40 years is resident of village Ghorad in Kalmeshwar tahsil of Nagpur district. Appellant in Criminal Appeal No.436 of 2013 is resident of village Ghorad and appellant in Criminal Appeal No.437 of 2012 is resident of Kalmeshwar. The complainant was working in the Company known as 'Issab India Limited' situated at M.I.D.C., Kalmeshwar. She had three children. A son aged about 18 years and daughters aged about 16 and 14 years, respectively. The incident had occurred on 23rd February, 2009. The complainant was returning...
Prakash Devu Aadaga Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-28-2014
Oral Judgment: (Smt. V.K. Tahilramani, J.) 1. The Appellant / original accused has preferred this Appeal against the judgment and order dated 18th January 2012 passed by the learned Additional Sessions Judge, Palghar in Sessions Case No.76 of 2010. By the said judgment and order the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default simple imprisonment for six months. 2. The prosecution case briefly stated is as under : Deceased Devu was the husband of P.W.2 - Reshmi. Devu had three children viz. Balu, Ankush and the Appellant Prakash, from another wife. Prakash, Balu and Ankush were the stepsons of Reshmi. Devu owned a plot of land. There was a dispute in relation to the said plot in between Devu and the Appellant - Prakash. Partition of the said plot took place on 22nd June 2010, yet the Appellant was not happy. On the night of 22nd June 2010, ...
Bhimrao Raghu Sonavane Vs. The State of Maharashtra
Court: Mumbai
Decided on: Jul-28-2014
A.S. Gadkari, J. 1. The appellant, original accused, has preferred the present appeal challenging the impugned judgment and order dated 13th January 2012 passed by the District Judge-4 and Additional Sessions Judge, Sangli, in Sessions Case No.144 of 2011, thereby convicting the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default of payment of fine to undergo further rigorous imprisonment for one year. The appellant has questioned the correctness of the said impugned judgment and order dated 13th January 2012. 2. The facts which can be enumerated from the record, may briefly be stated thus: (i) PW-11 Hindurao Y. Patil was serving as police station officer at Kundal police station from 16.4.2011. That on 27.6.2011, he was on duty. At about 10 a.m. on the said day, he received the information of the incident on telephone by one person from village Kundal. PW-11 A.P.I. Shri Patil when was at polic...
Akash Laxman Sakat Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-28-2014
Oral Judgment: (Anoop V. Mohta, J.) 1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. We are inclined to dispose of the above Writ Petitions by this common order, as it revolves around the issue of eligibility criteria for Maharashtra State candidate and/or outside the Maharashtra State candidate of First Year of Degree Courses in the Engineering/Technology in Government, Government aided and unaided Engineering Institute in Maharashtra State for the Academic Year 2014-15. There is no dispute that the Rules for Admission to First Year of Degree Courses in Engineering/Technology in Government, Government Aided and Unaided Engineering institutes in Maharashtra State (For short, "the Rules"), provides the eligibility criteria as under:- "2.1 Eligibility criteria for Maharashtra State Candidate and Outside Maharashtra State Candidate :- Candidate should be an Indian National and should have passed the HSC (Std. XII) examination of Maharashtra State Board o...
Sanjay Hari Phondake Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-28-2014
Oral Judgment: (Smt. V.K. Tahilramani, J.) 1. The Appellant / original accused has preferred this Appeal against the judgment and order dated 6th March 2012 passed by the Learned Sessions Judge, Sindhudurg, Oros in Sessions Case No.15 of 2011. By the said judgment and order the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code for causing the death of his father Hari and under Section 323 for causing injuries to his mother Taramati. For the offence under Section 302, the Appellant was sentenced to suffer imprisonment for life and for the offence under Section 323 the Appellant was sentenced to pay a fine of Rs.100/-, in default to undergo simple imprisonment for seven days. 2. The prosecution case briefly stated is as under : The Appellant was the son of Hari and P.W.10 - Taramati. Hari is the deceased in the present case. Earlier the Appellant, deceased Hari and his wife Taramati were all residing at Ramwadi. However, on account of quarrels betw...
Dr. Megha Mahendra Topale Vs. Navi Mumbai Municipal Corporation and Ot ...
Court: Mumbai
Decided on: Jul-28-2014
A.S. Chandurkar, J. 1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties. 2. The challenge in this writ petition is to the communication dated 25th April, 2013 issued by the Maharashtra Medical Council, Mumbai - respondent No.2 whereby it has issued a letter of warning to the petitioner and has further directed her to refrain from using ultra sound / sonography equipment in practice of any type. By order dated 5th February, 2014 the parties were put to notice that an endeavour would be made to decide the writ petition finally at the stage of admission. 3. The petitioner is a radiologist running a diagnostic centre. She holds a licence for undertaking pre-natal diagnostic procedure. On 24th June,2011 the appropriate authority under the Navi Mumbai Municipal Corporation - Respondent No.1 during visit to the petitioner's centre noticed certain discrepancies/ irregularities. Certain records were seized and thereafter on 8th November,201...
Dr. Megha Mahendra Topale Vs. Navi Mumbai Municipal Corporation and Ot ...
Court: Mumbai
Decided on: Jul-28-2014
A.S. Chandurkar, J. 1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties. 2. The challenge in this writ petition is to the communication dated 25th April, 2013 issued by the Maharashtra Medical Council, Mumbai - respondent No.2 whereby it has issued a letter of warning to the petitioner and has further directed her to refrain from using ultra sound / sonography equipment in practice of any type. By order dated 5th February, 2014 the parties were put to notice that an endeavour would be made to decide the writ petition finally at the stage of admission. 3. The petitioner is a radiologist running a diagnostic centre. She holds a licence for undertaking pre-natal diagnostic procedure. On 24th June,2011 the appropriate authority under the Navi Mumbai Municipal Corporation - Respondent No.1 during visit to the petitioner's centre noticed certain discrepancies/ irregularities. Certain records were seized and thereafter on 8th November,201...
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