Mumbai Court June 2015 Judgments
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Rajendra D. Harmalkar Vs. M/s. Indian Oil Corporation Limited Through ...
Court: Mumbai Goa
Decided on: Jun-29-2015
K.L. Wadane, J. 1. By this petition, the petitioner/workman challenges the order of dismissal from the services dated 10.03.2006 passed by the Disciplinary Authority and subsequently, confirmed by the Appellate Authority and the Central Government Industrial Tribunal No. 1, Mumbai in Reference No. CGIT-1/32 of 2007 dated 11.03.2013. 2. Briefly, the facts of the case may be stated as follows: The petitioner was appointed as a casual employee at Air Fueling Station (AFS) at Dabolim airport by the respondent. The petitioner was involved in attending the work relating to refueling of aircrafts, driving/assisting driver of fueling vehicles, repairs, maintenance of the vehicles etc. In the year 1988, the petitioner/workman was appointed as a Refueling Helper. Although, the appointment of the petitioner was made without any regard to the educational qualification or age restriction still the petitioner/workman submitted a copy of SSLC which he had obtained through Open School appearance under...
The State of Maharashtra Vs. Raghunath Ramchandra Sable
Court: Mumbai Aurangabad
Decided on: Jun-29-2015
S.S. Shinde, J. 1. This Criminal Appeal is filed by the Appellant “ State, challenging the Judgment and Order dated 28.12.1995 passed by the 5th Additional Sessions Judge, Ahmednagar in Sessions Case No.09/1995, thereby acquitting the accused for the offence punishable under Section 302 and 504 of I.P. Code. The prosecution case, in brief, is as under: 2. The deceased Archana was daughter of complainant namely Sahebrao Ramchandra Ghode. Prior to five months of her death, she was married with accused and went to reside at the house of the accused. The accused has three brothers; and they all are residing separately. The accused was continuously disclosing his intention that, Archana was not suitable for him, and hence, he wanted to marry second time. Therefore, Archana, on this count, was subjected to ill-treatment, harassment and beating from the accused. The incident occurred prior to one year on 10.11.1994. On the day of incident, the accused had asked Archana to go at her pare...
Goa Foundation Vs. Captain of Ports and Others
Court: Mumbai Goa
Decided on: Jun-29-2015
F.M. Reis, J. 1. The above Writ Petition, inter alia, is seeking to recall the Lease dated 30.04.1979 and to rescind such lease. The other relief sought by the Petitioner is for a direction to the Respondent no. 2 to prosecute all the concerned officials involved in the grant of such lease. 2. Briefly, the facts of the case are that it is the contention of the Petitioners that the Indian Ports Act 1908 has been extended and brought into force in Goa on 01.01.1966. It is further their case that the said Act mostly deals with port and port charges payable thereunder and incidental matters covered thereof. It is further their contention that Section 4 of the Act invests powers on the Government to extend the provisions of the Act to any part of any navigable river or channel which leads to a Port. It is further their case that pursuant to sub-section (3) of the said Section, it is permissible to define the line of the port with reference to jetties, landing places, docks, etc. It is furth...
Sadashivrao and Others Vs. The State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Jun-29-2015
1. The proceeding bearing Criminal Writ Petition No. 68/2015 is filed for relief of quashing of the proceeding of S.C.C. No. 102/2010 (Old No. RCC 218/2005), which is pending in the Court of Judicial Magistrate, First Class, Aurangabad to the extent of accused Nos. 2 to 11. The proceeding bearing Criminal Writ Petition No. 69/2015 is filed for similar relief in respect of accused Nos. 2 to 4 from S.C.C. No. 73/2011 (Old No. RCC 1625/2014) which is pending in the Court of J.M.F.C., Aurangabad. Both the proceedings are complaints filed by Food Inspector, public servant, for the offenes under sections 7 (i) r/w. section 2 (ia) (a), 2 (ia) (m) punishable under sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 [hereinafter referred to as 'the Act' for short] and the Rules framed thereunder. Both the sides are heard. 2. Accused Nos. 12 and 7 of the aforesaid private complaints are private limited companies and they are in the business of milk and manufacturing of ice cream,...
Reliance Communication Ltd. and Another Vs. Abhijeet
Court: Mumbai Aurangabad
Decided on: Jun-29-2015
Oral Judgment: 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The Petitioner assails the impugned judgment of the Industrial Court, Jalna dated 26.03.2015 in Revision (ULP) No.151/2013. By the said judgment, the judgment of the Labour Court dated 29.06.2013 in Complaint (ULP) No.03/2011 has been quashed and set aside. 3. The Petitioner has set out the following prayer, which is relevant at this stage in the light of the order that I propose to pass: (C) By appropriate writ, order or direction the judgment and order dated 26.03.2015 passed by the learned Member, Industrial Court, Maharashtra, Bench at Jalna in Revision (ULP) No.151/2013 in Complaint (ULP) No.3/2011 be quashed and set aside and Complaint (ULP) No.3/2011 be dismissed with costs.? 4. The Petitioner submits that the Respondent was appointed as a Sub Area Manager. He worked from 10.07.2009 till 01.03.2011. His appointment order dated 10.07.2009 indicates the nature of his duties, ...
Naresh Vs. The Authorised Officer, Washim Urban Co-op. Bank Ltd. and O ...
Court: Mumbai Nagpur
Decided on: Jun-29-2015
Oral Judgment: (Vasanti A. Naik, J.) 1. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. 2. By this petition, the petitioner challenges the judgment of the Debts Recovery Tribunal, dated 18.03.2008, dismissing an application filed by the petitioner for condonation of delay in filing the appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act of 2002? for the sake of brevity). The petitioner also challenges the judgment of the Debts Recovery Appellate Tribunal, Mumbai, dated 16.09.2013, confirming the judgment of the Debts Recovery Tribunal and dismissing the appeal filed by the petitioner. 3. Few facts giving rise to the present petition are stated thus: The petitioner was the joint owner of the immovable property along with Jaiprakash Pahelwan and Nirmala Pahelwan. In the year 2000, Jaiprakash Pahelw...
Bhaskar Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jun-29-2015
B.P. Dharmadhikari, J. 1. By this application under Section 482 of the Code of Criminal Procedure, the applicant seeks an order for quashing and setting aside of First Information Report bearing Crime No. 3073 of 2015 dated 25.03.2015 punishable under Sections 7, 13(1)(d) and 13(2)of the Prevention of Corruption Act, 1988 (hereinafter referred to as 1988 Act), registered with Police Station, Frezarpura, Amravati. 2. This Court had issued notice on 17.04.2015 and directed that the charge sheet shall not be filed without its permission. Thereafter, non-applicant “ State of Maharashtra has filed reply on 05.05.2015. In this background, we have heard Shri Shashank Manohar with Shri Chauhan, learned counsel for the applicant and Ms. Mehta, learned APP for the non-applicant finally by issuing Rule and making it returnable forthwith with consent. 3. FIR No. 3073 of 2015 has been questioned only on the ground that it is second FIR. This Court is not called upon to find out whether allega...
Georgina Isidorio Mascarenhas Vs. The Goa State Election Commissioner ...
Court: Mumbai Goa
Decided on: Jun-26-2015
Oral Judgment: 1. Rule. Rule made returnable forthwith. Shri Joshi, learned Counsel waives service on behalf of the first respondent. The second respondent, Shri Aleixo A. Pereira, in person. Heard finally with the consent of the parties. 2. By this petition, the petitioner is challenging the order dated 11.06.2015, passed by the first respondent, Goa State Election Commissioner in Petition No. 1/2015. By the impugned judgment, the Election Commissioner has disqualified the petitioner from being a Member of the Village Panchayat of Majorda-Utorda-Calata, Salcete Goa, under Section 10(f) of the Goa Panchayat Raj Act, 1994 (the Act of 1994, for short). 3. The brief facts are that the second respondent is a voter and is a resident of House No. 150 of Village Panchayat of Majorda-Utorda-Calata, Salcete, Goa. The petitioner happens to be an elected representative from Ward No. II of the said Village Panchayat. It is not in dispute that the husband of the petitioner, Isidorio Mascarenhas @ E...
Dr. Dilip Vs. The Hon'ble Chancellor Rashtrasant Tukdoji Maharaj Nagpu ...
Court: Mumbai Nagpur
Decided on: Jun-26-2015
Oral Judgment: 1. Rule. Heard finally with the consent of the learned Counsel for the parties. 2. By the present petition, the petitioner challenges the order passed by respondent No.1 whereby the representation filed on behalf of the petitioner stands disposed of by maintaining the disqualification of the petitioner under provisions of Section 44(e) of the Maharashtra Universities Act, 1994 (for short the said Act). 3. The relevant facts are that the petitioner had appeared for the M. A. examination in the year 1987 wherein he was found guilty of having indulged in unfair means in the conduct of the examination. After an enquiry was held, the punishment of debarring him from the examination came to be imposed for said misconduct. The petitioner at that point of time was working as a Lecturer in a College that was affiliated to respondent No.2 “ University. Subsequently, in the year 2001, the petitioner was elected as a Dean to the faculty of Commerce which is one of the authorit...
Kishor and Others Vs. The State of Maharashtra and Another
Court: Mumbai Nagpur
Decided on: Jun-26-2015
Oral Judgment [Per Court]: 1. Jawaharlal Darda Education Society, Yavatmal, is a registered Society/Public Trust running educational institutions. Shri Kishor Sureshchandra Darda is the Secretary of the said society. Shri Prakash Dhanraj Chopda is the President of the society. Shri Vijay Jawaharlal Darda, the ex-President of the society and a Sitting Member of the Parliament, is now the Trustee of the Trust. Shri Rajendra Jawaharlal Darda is the Vice President of the society who was also Cabinet Minster of the State Government in the last government. Devendra s/o Vijay Darda and Rushi s/o Rajendra Darda, the sons are also the trustees of the said trust along with Kirti Dhanraj Gandhi. Ashok Shankarrao Chauhan was the then Chief Minister of the State of Maharashtra. For brevity, the criminal applications filed by them, which are being disposed of, by this common judgment, are specified as under:- 2. Criminal Application (APL) No.469/2011 is filed by Kishor s/o Sureshchandra Darda:- Resp...
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