Mumbai Court October 2015 Judgments
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Shrishkumar Vs. State of Maharashtra, Through: Secretary, Department o ...
Court: Mumbai Aurangabad
Decided on: Oct-08-2015
S.S. Shinde, J. 1. This Petition is filed with following prayer: B] Rule may be made absolute and by issuing appropriate writ, order or direction, following reliefs may be granted: i] To quash and set aside decision contained in the communication dated 17-01-2015; ii] To hold and declare that petitioner is senior most employee on the establishment of New English School, Bhalod and direct respondent nos.1 to 3 to place the petitioner at serial no.1 in the seniority list of the employees from the establishment of New English School and based thereon, extend consequential benefits of appointment as Head and other consequential benefits flowing from the placement in the seniority list and extend to the petitioner the benefit of appropriate pay scale with effect from 1-06-2007 and pay arrears of salary and grant approval to the appointment of as Head of the school by directing appointment as Head of the school. 2. The learned counsel appearing for the petitioner submits that, the petitioner...
The Deputy Conservator of Forest and Others Vs. Anwar Ali Khan
Court: Mumbai Nagpur
Decided on: Oct-08-2015
Oral Judgment: 1. Complaint (ULPA) No. 16 of 1999 filed before the Labour Court at Gondia under Section 28 read with Item 1 of Schedule IV of M.R.T.U and P.U.L.P Act challenging the oral termination by respondent No.1 with effect from 23.08.1999 was allowed on 10.10.2005. It was held that the petitioner-employer is engaged in an unfair labour practice as covered by Item 1(a) and (b) of Schedule IV of the said Act and the direction was issued to reinstate the complainant to his former post of driver with continuity in service with effect from 23.08.1999. The Labour Court also directed the payment of full backwages to the complainant. 2. In Revision (ULPA) No. 106 of 2005, the Industrial Court at Bhandara vide its judgment and order dated 14.11.2005 set aside the order of payment of backwages, but maintained the order of reinstatement with continuity in service on the post of driver and directed the employer to provide the complainant an alternate job on par with the job of driver by pro...
Vatchalabai Shankarrao Shewatkar (Died on 21-02-2012) L.R.'s and Other ...
Court: Mumbai Nagpur
Decided on: Oct-08-2015
Oral Judgment: 1. Regular Civil Suit No.51 of 1993 for eviction and possession of the suit premises was dismissed by the trial court on 30.11.1994. In Regular Civil Appeal No.278 of 1994, the learned 2nd Additional District Judge at Akola has reversed the decision of the trial court on 31.03.1999 and the suit has been allowed passing a decree for eviction and possession against the defendant. The original defendant is before this court in this second appeal. 2. Regular Civil Suit filed by the respondents “ plaintiffs proceeds on the footings that they are the owners of the suit property and their predecessor-in-title Mohd. Ishaque had let out the suit property to the appellant “ defendant. After the death of Mohd. Ishaque, the plaintiff issued a notice under Section 106 of the Transfer of Property Act to the appellant “ defendant terminating the tenancy w.e.f. 31.05.1993. It was received by the appellant “ defendant on 14.05.1993, but in spite of it the appellan...
Manohar and Others Vs. The Director of Vocational Education and Traini ...
Court: Mumbai Nagpur
Decided on: Oct-08-2015
Oral Judgment: (B.P. Dharmadhikari, J.) 1. All these petitioners are employees working with Shivaji Education Society at Amravati in its School imparting education in MCV Courses. The other respondents in writ petitions are State of Maharashtra, through its Secretary, Vocational Education and Training, Director and Deputy Director of Vocational Education. This Court has passed various interim orders in the matters and, therefore, service or status of petitioners has remained protected since 2001 till date, i.e. almost for 14 years. Petitioner in Writ Petition No.3580/2001 Shri Manohar Yawle reached age of superannuation and retired on 30/4/2014. Petitioner in Writ Petition No.3149/2001 Shri Shrikant Deshmukh reaches age of superannuation on 31/10/2015. 2. During hearing, Shri Sambre, who appears for said educational Society (employer) has pointed out that roster has been finalised by Department in the year 2007 and as per his instructions, all petitioners before this Court now fall wit...
IFIN Commodities Ltd. Vs. Rashmi Sharma and Others
Court: Mumbai Goa
Decided on: Oct-08-2015
1. Rule. Rule made returnable forthwith. Mr. Palekar, learned Counsel waives service for the respondent nos. 1 and 2 and Mr. Bhobe, learned Counsel waives service for the respondent no. 3. Heard finally with the consent of the parties. 2. All these petitions involve common and connected questions of law and fact. As such, they are being disposed of by this common judgment. For the sake of convenience the fact as involved in Writ Petition No. 436/2015 are set out herein. 3. The petitioner, IFIN Commodities Limited (the respondent no. 1 before the learned Arbitrators) is a Stock Broker and is a Member of Multi Commodity Exchange of India Limited (MCX). The respondent no. 1 is the proprietress of 3P World, while the respondent no. 2 is its authorised signatory. The respondent nos. 1 and 2 are the intervenors before the learned Principal District Judge. The petitioner is a Company based at Chennai, while the respondent nos. 1 and 2 of 3P World are based at Bangalore. There is an agreement ...
Sumanbai Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Oct-07-2015
Indira K. Jain, J. 1. This is an appeal preferred by original accused No. 2 Sumanbai Mahadeo Gaikwad against judgment and order dt. 11th April, 2012 passed by learned Additional Sessions Judge, Ambajogai, Dist. Beed in Sessions Case No. 55 of 2010. By the said judgment and order, learned Additional Sessions Judge, convicted appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to imprisonment for life and fine of Rs. 1,000/- in default simple imprisonment for three months. 2. Appellant was however acquitted of the offence punishable under Section 498-A of the Indian Penal Code. Accused No. 1 son of the appellant and husband of the deceased was also acquitted of the offences punishable under Sections 498-A, 302 read with 34 of the Indian Penal Code. 3. For the sake of convenience we shall refer the appellant in her original status as accused as she was referred before the trial court. 4. Prosecution case briefly stated is as under: (i) PW1 Pra...
Late Abdul Quadar Patel Gramin Vikas Sanstha Chikhlwardha Vs. The Stat ...
Court: Mumbai Aurangabad
Decided on: Oct-07-2015
S.S. Shinde, J. 1. Heard. 2. Rule. Rule made returnable forthwith, and heard with the consent of the parties. 3. This Petition takes exception to the order dated 25.09.2014 passed by the respondent No.1, and the order dated 2nd February, 2015, thereby rejecting the prayer of the petitioner seeking permission to start new Urdu Medium Primary School at Gondwadsa, Taluka Mahoor, District Nanded, and also takes exception to the Government Resolution dated 25th September, 2013. 4. Heard the learned counsel appearing for the petitioner. He invited our attention to the pleadings in the Petition and grounds taken therein, and submits that, the petitioner has experience of running educational institution. The proposal of the petitioner was initiated in the Year 2008, and therefore, the Government Resolution which is issued by the State of Maharashtra on 25th September, 2013 is not applicable in case of the petitioner. It is submitted that, right to establish and administer educational instituti...
Iqbal Hussain and Others Vs. Municipal Council, Purna, Through Its Chi ...
Court: Mumbai Aurangabad
Decided on: Oct-07-2015
1. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing at the admission stage. 2. The petitioner/original decree holder has filed an application at Exh.125 before the Executing court seeking amendment in Regular Darkhast No.02/2004. The learned Civil Judge, Jr. Division, Purna, by its impugned order dated 31.07.2012 rejected the said application. Hence, this writ petition. 3. Brief facts giving rise to the present writ petition, are as under: The petitioners are the legal representatives of the original plaintiff in Regular Civil Suit No.12/1997 (old R.C.S. No.234/1989). The said suit was instituted for recovery of possession and decree of perpetual injunction against the respondent/original defendant Municipal Council, Purna in respect of the suit property. 4. The trial court, by its judgment and order dated 15.1.2003, partly decreed the suit and thereby directed the Respondent/original defendant to hand over the possession of ...
Bhushan Narayan Tandel Vs. The State of Maharashtra
Court: Mumbai
Decided on: Oct-06-2015
A.S. Gadkari, J. 1. The appellant, original accused no.1, has questioned the correctness of the judgment and order dated 9th August 2007 passed by the 1st Adhoc Additional Sessions Judge, Palghar in Sessions Case No.179 of 2005, thereby convicting the appellant under Section 302 read with Section 34 of the Indian Penal Code and under Section 201 read with Section 34 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine further to undergo R.I. for five months for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. As the appellant is convicted and sentenced for offence punishable under Section 302 read with Section 34 of Indian Penal Code, no separate sentence was passed for offence punishable under Section 201 read with Section 34 of Indian Penal Code by the Trial Court. The original accused no.2-Ganapati Vijaukumar Kondar was also convicted alongwith accused no.1-Bhushan Naraya...
Pronoti Vyas and Others Vs. State of Maharashtra, through Office of th ...
Court: Mumbai
Decided on: Oct-06-2015
N.M. Jamdar, J. 1. These two writ petitions, one civil and one criminal, along with the applications, are about Ms.Cluade Lila Parulekar. The petitions and applications are placed before us by an administrative direction of the learned Chief Justice. They have been heard together and are being disposed of by this common judgment. 2. Central figure in all these matters is Ms.Claude Lila Parulekar (Ms.Lila). Ms.Lila lives in her bungalow at 4A, Queen's Garden, Pune. She is now around 80 years old and she is seriously ill. She is not able to move on her own and she is confined to bed. She is unmarried, has no siblings or legal heirs. Lila is the daughter of late Nanasaheb Bhikaji Parulekar and his french wife Shanta Geneievene Pommerete Parulekar. Late Shri Parulekar was the founder and Managing Director of Sakal Papers Limited. In the year 1933, Nanasaheb and Shanta started newspapers 'Sakal'. Nanasaheb expired in 1973. Thereafter, Shanta also passed away. Ms.Lila had substantial numbers...
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