Mumbai Court September 2014 Judgments
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Ambika Bahuuddeshiya Gram Vikas Sansthan Vs. State of Maharashtra thro ...
Court: Mumbai Nagpur
Decided on: Sep-17-2014
Oral Judgment: (A.P. Bhangale, J.) 1. By this petition, the petitioner has prayed to quash and set aside the order passed by respondent no.2, dt.16.8.2012 which was communicated to respondent no.5 vide letter dt.18.9.2012 by respondent Nos.1 and 3. It is further prayed that directions be issued to Authorities/respondent Nos.1 and 2 to award the contract under Community Based Monitoring Project to the petitioner Organisation and appoint it as the District Nodal NGO and direct the respondents to act in accordance to law. 2. Our attention is invited to communication dt.18.9.2012 which was addressed to the Chief Executive Officer, Zilla Parishad, Chandrapur by the Commissioner, Family Welfare and Director, National Rural Health Mission, Mumbai for Maharashtra whereby it is informed that, as per order of the Additional Chief Secretary, Primary Health Department, NGO Yard has been selected as District Nodal Agency for Community Based Monitoring Project. 3. Our attention is also invited to th...
Nitin and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-17-2014
P.C. 1. Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicants herein are apprehending their arrest in crime No.304 of 2014 registered at Naupada Police Station on 29/07/2014 for offences punishable under sections 385, 347, 348, 368, 471, 448, 506 (2) r/w 34 of Indian Penal Code. 2. It is the case of prosecution that applicants herein are police personnels attached to the Naupada Police Station. It is alleged that on 16/06/2014, one Harjilal Patel filed a written complaint before Commissioner of Police, Thane city, Thane alleging therein that complainant happens to be a scrap dealer. On 10/06/2014 at about 11.30 pm, present applicants had gone to his house. They had forcibly dragged him out of the house and had forced him to open his shop. When he accompanied the applicants to his shop, he was assaulted in his shop. It is alleged that police i.e. present applicants had informed him that they have received a complaint against him to the extent th...
Bajpe Shivram Shetty Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-17-2014
Oral Judgment: 1. These two petitions bearing Nos.1244 of 2009 and 1245 of 2009 are already admitted and they are listed for final hearing. Rest of the petitions are for admissions. They are admitted and heard finally by consent. 2. The issue involved in these petitions is common and is being decided by the common judgment and order. The issue raised by the learned counsel for the petitioners is that the signboard indicating the name of business place does not amount to an advertisement and, therefore, the display of signboard will not amount to an offence within the meaning of Section 328A of Mumbai Municipal Corporation Act ("the said Act" for short) and will not be punishable u/s 471 of the said Act. The complaints in all the cases are very cryptic. There are no details of the alleged offence except one line allegation that the signboard of particular size is displayed outside the Bar. The name of the Bar in question is Deepa Bar. 3. The petitioners are different because they are ho...
Nitin Vs. The Education Officer (Secondary) and Others
Court: Mumbai
Decided on: Sep-17-2014
C.V. Bhadang, J. 1. Heard Shri A.M. Gordey, learned Senior Counsel for the petitioner, Shri M.M. Ekre, learned Assistant Government Pleader for respondent no.1-State, Shri H.A. Deshpande, learned counsel for respondent no.2 and Shri M.P. Lala, learned counsel for respondent no.3. 2. The petitioner, who is holding the qualification as M.A., M.Phil and B.Ed., was initially appointed as an Assistant Teacher in a school run by respondent no.2-Society with effect from 23.6.1992 and he was posted in Narendra Vidyalaya, Telgaon. According to the petitioner, his appointment was in a clear vacancy in the academic session 1992-93. By continuation order dated 3.5.1993, the appointment was continued with effect from 4.5.1993 until further order. This was subject to approval of Education Officer, Zilla Parishad, Nagpur. 3. It appears that the petitioner was not allowed to sign the muster roll and was prohibited from performing his duties, with effect from 16.7.1992, which prompted the petitioner to...
Claudio S.X. Pereira and Another Vs. Mohan Vasudev Salkar (deceased th ...
Court: Mumbai Goa
Decided on: Sep-17-2014
Oral Judgment: 1. Heard Mr. Coelho Pereira, learned Senior Counsel appearing on behalf of the petitioners. The respondents were duly served before admission as well as after admission of the petition, but have chosen to remain absent. 2. By this petition, the petitioners have taken exception to the order dated 29.09.2007 passed by the learned Civil Judge Junior Division, Vasco-da-Gama, Goa (trial Court) in Regular Execution Application No. 15/04/D. 3. The petitioners were the plaintiffs and the respondents were the defendants in Regular Civil Suit No. 13/1999/C. By judgment, order and decree dated 11/01/2001, then said was decreed as per the consent terms filed before the Trial Court. The said consent terms read as follows: 1) The defendants herein admit that the plaintiffs are the owners in possession and enjoyment of a plot of land admeasuring 415 square metres with a house constructed by the plaintiffs therein out of the property surveyed under Chalta No. 33 of P. T. Sheet No. 126/A...
Payal Baadkar and Others Vs. State of Goa Through Chief Secretary and ...
Court: Mumbai Goa
Decided on: Sep-17-2014
Oral Order: (B.P. Dharmadhikari, J.) 1. Heard Shri S. D. Lotlikar, learned Senior Advocate for the Petitioners, Shri A. N. S. Nadkarni, learned Advocate General for the Respondent no. 1 and Shri A. N. S. Nadkarni, learned Senior Advocate for the Respondent no. 2. 2. Affidavits have been taken on record. The contention of the Petitioners is that after proper advertisement and valid selection process, they were all appointed on probation for a period of two years. After completion of period in excess of one year, the appointments are found to be vitiated and hence Order terminating their service had been issued on 03.07.2013. 3. Learned Senior Advocate appearing for the Petitioners submits that though inquiry has been conducted against the entire recruitment process, action has been taken only against the Petitioners. Inquiry Officer has acted without jurisdiction by sitting in Appeal over the said process. He submits that the Petitioners were not given any opportunity before the Inquiry...
Nitin Vs. The Education Officer (Secondary) and Others
Court: Mumbai Nagpur
Decided on: Sep-17-2014
C.V. Bhadang, J. 1. Heard Shri A.M. Gordey, learned Senior Counsel for the petitioner, Shri M.M. Ekre, learned Assistant Government Pleader for respondent no.1-State, Shri H.A. Deshpande, learned counsel for respondent no.2 and Shri M.P. Lala, learned counsel for respondent no.3. 2. The petitioner, who is holding the qualification as M.A., M.Phil and B.Ed., was initially appointed as an Assistant Teacher in a school run by respondent no.2-Society with effect from 23.6.1992 and he was posted in Narendra Vidyalaya, Telgaon. According to the petitioner, his appointment was in a clear vacancy in the academic session 1992-93. By continuation order dated 3.5.1993, the appointment was continued with effect from 4.5.1993 until further order. This was subject to approval of Education Officer, Zilla Parishad, Nagpur. 3. It appears that the petitioner was not allowed to sign the muster roll and was prohibited from performing his duties, with effect from 16.7.1992, which prompted the petitioner to...
Indi Pharma Pvt. Ltd. Vs. State of Goa and Others
Court: Mumbai Goa
Decided on: Sep-17-2014
Oral Judgment: 1. Heard Mr. Pangam, Learned counsel for the petitioner and Ms. P. Kamat, learned Additional Government Advocate for the respondents no.1(a), 1(b) and 3. 2. By this petition, the petitioner has taken exception to the order dated 2.6.2008 passed by the Minister for Labour, the Appropriate Authority under Section 25-N of the Industrial Disputes Act, 1947 ("the Act" for short). 3. The case of the petitioner is as follows:- The petitioner is a company incorporated under the Companies Act, 1956. It deals in pharmaceuticals at Plot No.2-9, Bethora Industrial Estate, Bethora, Ponda, Goa. By notice dated 20.6.2007, the Director of Food and Drugs Administration, Government of Goa, issued a notice, requiring the petitioner to close down the tablets and capsules Manufacturing Division by stopping forthwith manufacturing of tablets and capsules products on the ground of non-compliance of "GMP Schedule 'M' requirements" as prescribed under the Drugs and Cosmetics Act, 1940 and the Ru...
Vinita and Another Vs. State of Maharashtra, through its Principal Sec ...
Court: Mumbai Nagpur
Decided on: Sep-16-2014
Oral Judgment: (Smt. Vasanti A. Naik, J.) 1. Heard. 2. By this petition, the petitioners seek a Writ of Mandamus directing the Maharashtra Public Service Commission (hereinafter referred to as "MPSC" for the sake of brevity) to accept the applications of the petitioners in response to the advertisement, dated 26th February, 2014 issued by the MPSC calling applications from the candidates interested in appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate First Class (hereinafter referred to as "CJJD and JMFC"). The petitioners also seek a declaration that the petitioners are eligible for appointment to the post of CJJD and JMFC by relaxing the cut-off date fixed for the upper age limit of 25 years, in view of the failure on the part of the respondents to advertise the posts in the year 2013. 3. The necessary facts giving rise to the petition are briefly stated thus : The petitioner No.1 was born on 09.02.1989 and she attained the age of 25 years on 08.02.2014...
Deepak Yashwant Ghusekar and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-16-2014
P.C. 1. Heard the learned Counsel for the applicants and the learned APP for State. Perused the papers. 2. This is an application under Section 438 of the Code of Criminal Procedure, 1973. The applicants herein are apprehending their arrest in Crime No.95 of 2014 registered at Arnala Sagari Police Station for offence punishable under Section 376, 376(D), 366(A) read with Section 3,4, 5, 7(1)(A) of the Prevention of Immoral Trafficking Act, 1956 and Section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. 3. On 16/7/2014 Ms. X lodged a report at the police station alleging that that she has been induced by her maternal cousin to go alongwith some boys on different occasions and that friend of her cousin namely Simran had forced her into sexual acts. She was fully aware that the said customers were paying consideration to Simran. Simran happens to be a juvenile in conflict with law. The date of birth of the complainant is 15th April, 1998. According to the victim, sh...
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