Mumbai Court March 2015 Judgments
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Krishna B. Naik Vs. State of Goa Through its Chief Secretary, With his ...
Court: Mumbai Goa
Decided on: Mar-09-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Shri Thali, learned Counsel appearing for the petitioner, Ms. P. Kamat, learned Additional Government Advocate appearing for respondent nos. 1 and 2, Shri H. D. Naik, learned Counsel appearing for the respondent nos. 3 and 4 and Mr. D. J. Pangam, learned Counsel appearing for the respondent no. 5. 2. The above writ petition, inter alia, seeks for the writ of Mandamus directing the respondent no. 4, School to withdraw with immediate effect and forthwith the advertisement published in the local newspaper 'Navhind Times' on 08/10/2008. A further relief sought is to direct the respondents to consider the case of the petitioner to be appointed by promotion to the post of L.D.C. cum Librarian in terms of the Circular dated 15/06/1987 read with Rule 79 of the Education Rules, 1986. The petitioner has also prayed for a further relief to quash and set aside the letter of appointment dated 15/11/2008 of the respondent no. 5 and a letter of approval dated 0...
Bharat General and Textile Industries Limited Vs. Chief Officer, Munic ...
Court: Mumbai Nagpur
Decided on: Mar-09-2015
Oral Judgment: (B.P. Dharmadhikari, J.) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks declaration that the respondent no.1 Municipal Council and respondent no.2 its Octroi Collection Agent are not entitled to recover the octroi from it for goods falling under Item 4 of Chapter-I of the Maharashtra Municipalities (Octroi) Rules, 1968 [hereinafter referred to as, the Octroi Rules]. Submission is the petitioner is entitled to concessional rate of 50% as prescribed by Clause 2 of Part IA of Schedule II of the submission of Form No.14. There is also a direction to refund the amount of Octroi duty excessively collected from it with interest at 24%. 2. This Court has on 18-12-1997 while issuing rule in the matter directed the respondents to allow the petitioner to pay octroi duty which the petitioner was paying it till 15-11-1997, until further orders. Insofar as the amount over and above it claimed by respondent no.2, the petitioner was direct...
Sukumar Kumar Patil Vs. Prakash Appaso Patil and Others
Court: Mumbai
Decided on: Mar-09-2015
Oral Judgment: 1. In terms of the order made on 25th July, 2014 this mater was heard finally. 2. This petition is directed against the order dated 12th March, 2010 made by the Minister (Revenue) allowing the revision petition instituted by respondent no. 1 against the order dated 29th October, 2009 made by the Additional Commissioner, Pune rejecting the application made by respondent no. 1 to set aside the sale of property at the auction held on 3rd December, 2008. 3. Respondent no. 1 had issued certain cheques which were dishonoured. The proceedings were taken out against respondent no. 1 which ultimately resulted in attachment of petitioner's property (suit property) and proclamation was issued for the sale thereof. The auction was held on 3rd December, 2008 in which the petitioner was adjudged as the highest bidder having bid in the amount of Rs.16,35,000/-. The Petitioner on 3rd December, 2008 itself deposited 25% of the bid price and within the next seven days i.e. on 10th Decembe...
Ramnivas Ganpatlal Sharma and Others Vs. Shakuntalabai Bansilal Sharma ...
Court: Mumbai Aurangabad
Decided on: Mar-05-2015
1. Petitioners are original non-applicants in Civil M.A. No.59/2013, pending before District Judge, Dhule. I will refer to them as non-applicants, the way they have been arrayed in the Civil Misc. Application. Present respondents original applicants have filed the Misc. Application seeking declaration of guardianship and custody of minor Jatin Suresh Sharma, original respondent No.5. I will refer to the minor as Jatin. Original applicant Shakuntalabai is grandmother and original applicant Rakesh and Naresh are the uncles of the minor Jatin. Non-applicant No.1 Ramnivas and respondent No.2 Santrabai are the parents of non-applicant No.4 Anita, the mother of minor Jatin. Non-applicant No.4 Mahendra is the brother of Anita. The applicants have sought declaration that they are the guardians of minor Jatin and sought his custody in the original application before the District Judge. Non-applicant No.4 mother Anita filed application under Order VII Rule 11 of the Code of Civil Procedure, 190...
Anjuman-E-Taleem and Another Vs. The State of Maharashtra and Another
Court: Mumbai
Decided on: Mar-05-2015
1. This petition is directed against the judgment and order dated 8th January, 1997 made by the School Tribunal, Kolhapur Region, Kolhapur allowing the appeal instituted by respondent No. 2 setting aside termination notice dated 16th August, 1994 and directed the reinstatement of the Respondent No. 2 with backwages and other allowances from the date of termination. 2. The respondent No. 2 came to be appointed as Assistant Teacher w.e.f 21st June, 1993 by the petitioner management at the Haji Mukadam High School, Khed (said school) on probation for a period of two years. On 8th March, 1994, a memo was issued to respondent No. 2 with regard to her unauthorized absence. It is the case of the respondent No. 2 that said memo was never received by her. Therefore, on 6th June, 1994 a second memo was issued to respondent No. 2 with regard to several deficiencies in her functioning and the respondent No. 2 was offered an opportunity to submit her responses to the same. By communication dated 7...
The State of Maharashtra Vs. Sahebrao Laxman Dahiwal
Court: Mumbai Aurangabad
Decided on: Mar-05-2015
S.S. Shinde, J. 1. This Appeal is filed by the State, being aggrieved by the Judgment and Order dated 07.09.1995 passed by the 5th Additional Sessions Judge, Ahmednagar in Sessions Case No. 97/1992. The case of the prosecution, in brief, is as under: 2. The complainant Shantaram Bavaskar and accused knew each other. Accused had a Jewellery Shop in Kopargaon. It is the case of the prosecution that, the complainant had given Rs.85,000/- to the accused. Since the complainant was in need of money, on 28th November, 1990, he requested the accused to pay back amount. The accused assured the complainant part repayment on 4th December, 1990. The complainant went to the shop of the accused on 4th December, 1990 at about 8.30 a.m. to 9.00 a.m. However, accused was not present in his shop. His nephew told the complainant that, the accused is not feeling well, and therefore, he is taking rest at his home. As per the prosecution case, house of the accused was situated at Teen Chari location. The co...
Pravina Ramji @ Priti P. Shah and Others Vs. State of Maharashtra Thro ...
Court: Mumbai
Decided on: Mar-05-2015
Oral Judgment: 1. Taken out from the final hearing board. Heard finally by consent of the parties. 2. By this common Judgment, I am inclined to dispose of all these Writ Petitions filed by the members of Respondent No.5 Society, who were expelled from the membership and the said decision of the Society was approved under Section 35 of the Maharashtra Co-operative Societies Act, 1960 (for short, the MCS Act). It is further confirmed by the Appellate Authorities, therefore, all these Writ Petitions. 3. There is no serious dispute to the fact that the Petitioners become members of Respondent No.5-Society by paying necessary and requisite charges towards the entrance fees, share money, donation etc. and in pursuance to that, their names were duly recorded in I and J Register of the Society some time in the year 1979-80. Respondent No.5-Society entered into the Development Agreement. The Petitioners' names were included in the list of members of the Society, annexed to agreement dated 31 Ma...
Sk. Allauddin Vs. The State of Maharashtra Through the chief Secretary ...
Court: Mumbai Aurangabad
Decided on: Mar-05-2015
P.R. Bora, J. 1. Heard. 2. Rule. Rule made returnable forthwith. By consent of learned counsel for the parties, petition is taken up for final disposal at admission stage. 3. The Petitioner has filed the present Petition seeking directions against the Respondents to consider his application submitted under section 28A of the Land Acquisition Act and to pass an award. 4. Vide notification dated 12.03.1991, issued under section 4 of the Land Acquisition At, 1984 (hereinafter referred to the Act), certain lands came to be acquired for Ellora Development Tourism plan. The agriculture land bearing Gat No. 25 owned by the present Petitioner was the part of the lands acquired by the aforesaid notification. The final award under section11 was passed on 15.09.1992, thereafter notice under section 12(2) of the Act was served on a Petitioner. Petitioner objected the award so passed by filing his objection to the Collector and prayed for making a reference to the appropriate Court for determinatio...
Vikas Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Mar-05-2015
1. The appeal is filed against judgment and order of Special Case No. 6/1995 which was pending in the Court of Special Judge, (Additional Sessions Judge) Jalgaon. The appellant is convicted and sentenced for the offences punishable under sections 7 and 13 (1) (d) r/w. 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act' for short). The maximum sentence of imprisonment of three years is given for the offence punishable under section 13 (2) of the PC Act and fine is also imposed. The substantive sentences are made to run concurrently. The application is filed by the appellant for permission to produce some record like copy of his appointment order. Both the sides are heard. 2. The original complainant Pandharinath Choudhary was a retired clerk of Municipality Jalgaon. Land admeasuring 2.85 Hectors from Gat No. 118 situated at village Paldhi was standing in the name of his wife, Durgabai Mahajan. They were in need of money and so, they wanted to sell the land....
Campaign against Manual Scavenging and Others Vs. The State of Maharas ...
Court: Mumbai
Decided on: Mar-05-2015
Oral Order: (A.S. Oka, J.) 1. There are detailed interim orders issued by this Court at different stages. The main interim directions issued by this Court are contained in the orders dated 3rd July, 2014 and 24th December, 2014. 2. An occasion for reconsidering some of the interim directions arises in view of the prayer made by the learned senior counsel appearing for Warkari Sahitya Parishad, Maharashtra which is ordered to be impleaded as a party respondent under the order dated 13th June, 2014. Also there is an application being Civil Application No.50 of 2015 filed by another organisation of Warkari (Devotees of Lord Vithoba/Pilgrims who visit Pandharpur), namely, Warkari Seva Sangh. The main issue raised by both the organizations of Warkari is as regards the interim directions issued under the order dated 24th December, 2014 in relation to the use of river bed of the river Chandrabhaga for carrying on various activities. Based on the recommendations of the National Environmental E...
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