Mumbai Court August 2014 Judgments
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Vipul Rajendranath Tiwari Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-13-2014
P.C. 1. Rule. Rule made returnable forthwith with the consent of the parties. The learned APP waives service of notice. 2. Heard learned counsel for the parties. 3. The petitioner has impugned the order dated 23.12.2013 passed by the learned Extra Joint Ad-hoc Additional Sessions Judge-1, Pune below Cri. Revn. Appln.No.489 of 2011, rejecting his application, seeking discharge from R.C.C.No.1770 of 2011. The petitioner was arrested by the Deccan Police Station, Pune on 08.03.2011 in connection with C.R.No.19 of 2011, along with co-accused for the alleged offence punishable under Section 379 read with Section 34 of the Indian Penal Code. An FIR was lodged by one Shankar Damodar Kondekar on 28.01.2011 with the Deccan Police Station, Pune as against unknown persons. It is alleged in the FIR that some unknown persons committed theft of five mobiles and cash of Rs.7,000/-. The said theft is alleged to have taken place on the parade ground of Garware college, Karve Road, Pune. After investiga...
Rama Krishna Arolkar and Others Vs. Kumud alias Kusum Yeshwant Bhobe a ...
Court: Mumbai Goa
Decided on: Aug-12-2014
Oral Judgment: 1. Heard Mr. Amrut Kansar, learned counsel appearing for the appellants and Mr. S. G. Desai, learned Senior Counsel appearing for the respondent nos. 1 to 4. 2. The above appeal came to be admitted on 19.04.2007 on the following substantial questions of law. 1. Whether the learned Trial Court was not bound to frame the issue of tenancy arising out of the pleadings of the parties? 2. Whether the Trial Court and the first appellate Court were not bound to take into consideration the provisions of the Agricultural Tenancy Act, 1964 as amended from time to time which is a welfare legislation and there could not be any contract waiving the right of tenancy by the tenant? 3. Whether the learned Trial Court and the first appellate Court were not bound to take into consideration the presumption arising out of Section 105 of the Land Revenue Code, 1968 and also the proviso to Section 7 of the Agricultural Tenancy Act, 1964? 3. Mr. A. Kansar, learned counsel appearing for the appe...
GVK Emergency Management and Research Institute Vs. The State of Mahar ...
Court: Mumbai
Decided on: Aug-12-2014
Mohit S. Shah, CJ. 1. In this petition under Article 226 of the Constitution, the petitioner, one of the unsuccessful bidders, has challenged the decision of the respondent-authorities, i.e. State of Maharashtra, Director of Health Services and the State Health Society under the National Rural Health Mission to award the contract in favour of respondent no.4-BVG India Limited. The contract is for developing and operating Maharashtra Emergency Medical Services (MEMS) which inter alia includes provisions for 937 Ambulances. 2. On 2 August 2011, respondent-authorities had issued tender notice. Thereafter Tenders were submitted by four parties including the petitioner and respondent no.4. The technical bids of the petitioner and two other parties were held to be invalid. The petitioner and another party challenged the said decision by filing two writ petitions before this Court, which came to be dismissed by common judgment and order dated 11 May 2012. The prayer in the petitioner's Writ P...
Gajanan Eknath Sonankar Vs. Shegaon Shri Agrasen CoOp. Credit Society ...
Court: Mumbai Nagpur
Decided on: Aug-12-2014
1. Admit. Taken up for final disposal with the consent of learned counsel for rival parties. 2. This Second Appeal is filed by original plaintiff against the judgment and decree dated 27.03.2014 passed by District Judge1, Yavatmal in Reg. Civil Appeal No.34/2013 confirming the order below Exh.15 in Reg. Civil Suit No. 87/2012 passed by Civil Judge Jr. Dn., Shegaon on 23.08.2013 dismissing the suit filed by appellant for nonobservance of provision of section 164 of the Maharashtra Cooperative Societies Act ( hereinafter referred to as MCS Act in short). FACTS: 3. The appellantplaintiff purchased Gat No.83 admeasuring 2 Acres of Mouja Lasura Bk, Tq. Shegaon, Dist. Buldhana by registered sale deed dated 19.04.2002 from Raju Gopikisan Rathi. Before purchasing the property, he had ascertained, by all known methods, the saleable interest of the vendor. He had verified 7/12 extract when he purchased the land in the year 200102 but there was no charge mentioned in the said 7/12 extract. It, ho...
Oil and Natural Gas corporation Limited Vs. Enterpose GTM Four Les Tra ...
Court: Mumbai
Decided on: Aug-12-2014
Oral Judgment: 1. By this petition filed under section 30 and 33 of the Arbitration Act, 1940 the petitioner seeks that the arbitral award dated 10th December, 2007 rendered by the learned umpire be set aside. The petitioners herein were the original respondents in the arbitration proceedings and the respondents herein were the original claimants. For the sake of convenience, the parties herein are referred to as the parties described in the arbitration proceedings. Some of the relevant facts for the purpose of deciding this petition are as under:- 2. Sometimes in the month of December 1987 the respondents invited tenders for construction of 26' submarine oil pipe line and 24' submarine oil trunk pipeline between Uran Shore Refinery and the HRA Platform. The claimants submitted their bid in response to the said invitation. On 6th November, 1989 the bid of the claimants came to be accepted by the respondents. Parties entered into a contract on 6th November, 1989 on the terms and conditi...
M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...
Court: Mumbai
Decided on: Aug-11-2014
1. The parties entered into an agreement on 30.12.1996 under which the petitioner was to provide services for obtaining statutory clearances from various authorities for setting up a Central India Refinery Project by the respondent. The parties agreed to refer the dispute therein to arbitration. The petitioner made 12 separate claims. The learned Arbitrator has rejected each one of the claims under the impugned award dated 5th March, 2010 which has been challenged in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) essentially as being vitiated by bias and upon the Arbitrator not having considered the evidence led before him and it being against the terms of the contract and various specified laws. It would be appropriate to deal initially with each of the claims separately and then with the general aspects of law vitiating awards. CLAIMS Claim No.1 : Interest on Security Deposit 2. This is for the payment of interest on the delayed refund of the s...
Swati Sayaji Patil and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-11-2014
PC. 1. PIL Nos. 95/2013, 97/2014 and Notice of Motion (L) No. 456 of 2014 are not on board. Upon mentioning, they are taken on board and are heard and disposed of with Criminal PIL No. 56 of 2014. 2. Heard the learned counsel appearing in two PILs and the Petitioner appearing in person in one PIL. By these petitions, Petitioners are seeking an appropriate writ, order and direction, directing the Respondent State of Maharashtra to prevent children below the age of 18 years from taking part in performances which are popularly known as Dahi Handi, which is organised during celebrations, which are held on occasion of birth of Lord Krishna in the city of Bombay and all over Maharashtra. The second grievance of the Petitioner is that very often on account of number of tiers, which are arranged by the performers, who are known as Govindas, every year several such Govindas suffer permanent injuries and in some case they die on account of fall from a height and no safety measures are undertake...
Natthu Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-11-2014
C.V. Bhadang, J. 1. The appellant was prosecuted for the offence punishable under Section 302 of the Indian Penal Code (IPC for short) in Sessions Case No.127/1999 on the file of the learned Additional Sessions Judge, Achalpur. By a judgment dated 2.8.2000, the appellant came to be convicted for the offence as charged and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.200/, in default to suffer further rigorous imprisonment for one month. Feeling aggrieved, the appellant has come up in appeal. 2. The prosecution case may be briefly stated thus : That, the appellant and now deceased Rajendra Shinde were residents of village Kandli. Fulabai is the wife of the appellant. It is said that the appellant and his wife were serving with deceased Rajendra. The appellant was suspecting that deceased Rajendra had illicit relations with his wife Fulabai. It is said to be the motive behind the offence. The incident in question had occurred at 19.5.1999 at about 7.00 pm ne...
Jaspal Sawhney Vs. Joginder Sawhney and Another
Court: Mumbai
Decided on: Aug-11-2014
1. Petitioner (original plaintiff) has prayed for leave under clause XII of the Letters Patent, 1865 to file the suit (L) No.494 of 2014 against the defendants in this court. The defendants has opposed the prayer for leave under Clause XII of Letters Patent, 1865. Some of the relevant facts for the purpose of deciding this petition are as under:- 2. Plaintiff is son of the defendant no.1 and is brother of defendant no.2. Father of the plaintiff Mr.Kirpal Singh Sawhney expired in Mumbai on 6th August, 2008. It is case of the plaintiff that the plaintiff and the defendants are the only legal heirs of the said deceased Mr.Kirpal Singh Sawhney. 3. In the suit bearing (L) No. 494 of 2014 the plaintiff has prayed for a declaration that the plaintiff has an undivided 1/3rd share in the estate of the deceased father of the plaintiff as reflected in Ex.B to the Testamentary Suit No. 100 of 2013 also being Ex.B to the plaint in this suit and Ex.D and seeks an order and direction that the immovea...
Philip Fernandes Vs. The State of Goa, Through the Police Inspector
Court: Mumbai Goa
Decided on: Aug-11-2014
1. Heard Mr. Menezes, learned Counsel appearing on behalf of the appellant and Mr. Amonkar, learned Additional Public Prosecutor for the respondent. 2. This appeal has been preferred by the accused against the Judgment and Order dated 07/10/2009 / 13/10/2009 passed by the learned Additional Session Judge2, South Goa, Margao (Trial Court, for short) in Sessions Case No. 03/2008 whereby the accused has been convicted of an offence of murder and sentenced to life imprisonment and to pay fine of Rs. 5,000/- and in default to undergo rigorous imprisonment for a period of two months. 3. The accused was tried for the offence punishable under Section 302 of Indian Penal Code (I.P.C., for short) on the allegation that on 20/12/2007 at around 12.00 hours at Sonfator, Tilamol, Quepem, he assaulted Smt. Joaquina w/o. Domnic Mendes aged 62 years with a knife and bamboo danda causing cut injuries on her body which resulted in her death. 4. To the charge, framed by the Trial Court, for the offence un...
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