Mumbai Court June 2015 Judgments
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Durga Vs. Amraoti University, Amraoti (through its Registrar)
Court: Mumbai Nagpur
Decided on: Jun-09-2015
Oral Judgment: 1. Heard Shri M.P. Jaiswal, the learned advocate for the petitioner. None appears for the respondent. The record shows that there has not been appearance on behalf of the respondent since last few dates. 2. The petition is filed by the widow of the employee challenging the orders passed by the subordinate Authorities dismissing the complaint filed by the employee. 3. Shri Nandan Mahadeorao Deogade was working as Peon with the respondent/University since 18th April, 1984 and was also given the work of Choukidar time to time. At the relevant time, Shri Nandan Deogade was working as Choukidar. 4. The Enquiry Officer, along with communication dated 28th May, 1987, had given the copy of statement of allegations and copy of chargesheet to Shri Nandan Deogade alleging misconduct on the part of Shri Nandan Deogade. The statement of allegations was signed by the Disciplinary Authority and the chargesheet was signed by the Enquiry Officer. It is the case of the respondent/Universi...
Balasaheb Gurling Todkari and Others Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jun-09-2015
IndiraK. Jain, J. These appeals arise out of judgment and order dated 21st March, 2012 passed by the learned Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No.60 of 2006. By the said judgment and order, trial Court convicted the Appellants original Accused Nos.1 and 3 to 11 under sections 364, 365, 368, 302, 120-B, 201 read with 149 of the Indian Penal Code. The details of the punishment under various sections are as under: Accused Nos.Under SectionsSentence1 and 3 to 11120-B of theIndian Penal CodeRigorous imprisonment for 5 years and fine of Rs.5,000/- each in default 1 year 3months imprisonment.1 and 3 to 11364 read with149 of the Indian Penal CodeRigorous imprisonment for 10 years and fine of Rs.5,000/- each in default imprisonmentof 2 and 1/2 years each.1 and 3 to 11368 read with149 of the Indian Penal CodeRigorous imprisonment for 3 years and fine of Rs.1,000/- each in default furtherimprisonment of 9 months each.1 and 3 to 11302 read with149 of the Indian Penal CodeI...
Perfeta @ Perpetua Camelo Marques and Another Vs. Dilip Galande and Ot ...
Court: Mumbai Goa
Decided on: Jun-09-2015
1. The present appeal is presented by the original claimants against the judgment and award passed by the learned Presiding Officer, M.A.C.T., Panaji (hereinafter referred to as 'Presiding Officer') in Claim Petition No.107/2007 dated 10/02/2011, by which the claim petition of the claimants is partly allowed and compensation of Rs.6,28,500/- is granted to the claimants along with interest at the rate of 9% p.a. The claimants / appellants have presented this appeal mainly on the ground that the amount of compensation awarded to them is very meagre and disproportionate to the earning of the deceased. 2.Brief facts of the case may be stated as follows : (Parties are referred to their original status) The son of the claimants namely Raymond Anthony Marques, aged about 20 years, a sportsman “ footballer was riding on his motorcycle bearing registration No. GA 01 / B 6913 (hereinafter referred to as 'motorcycle') on national highway No.17. When he reached at the spot of accident i.e. a...
Sahebrao Khemaji Kale Vs. Paras Agro Engineering Work
Court: Mumbai Aurangabad
Decided on: Jun-09-2015
Oral Judgment: 1. Rule. 2. Rule made returnable forthwith and heard finally by the consent of the parties. 3. The Petitioner/workman is aggrieved by the common judgment and order of the Industrial Court dated 21.08.2013 delivered in Revision ULP No.87/2007 filed by the Respondent/ Management and Revision ULP No.1/2008 filed by the Petitioner/ workman. 4. Learned Advocates appearing for the respective sides were heard at length. 5. The submissions of the workman are as follows: (a) The workman joined duties with the Employer as a Painter on 07.07.1980. (b) Subsequently, he was allotted the duties of a Moulder. (c) On 14.06.1993, a chargesheet for absenteeism of 65 days was served upon the workman. (d) On 19.07.1993, a chargesheet for absenteeism of 30 days and for assaulting the Supervisor Mr.D.D.Gatne was served upon the workman. (e) A domestic enquiry under the Model Standing Orders was conducted and the Petitioner/ workman was held guilty of all the charges levelled upon him. (f) On ...
Association of college and University superannuated teachers (Maharash ...
Court: Mumbai Aurangabad
Decided on: Jun-09-2015
S.S. Shinde, J. 1. This Petition is filed with the following prayers :- B) By issue of writ of mandamus or appropriate writ or direction of like nature it be declared that the recommendations of Hakim committee are not applicable for deciding pensionary benefits for the category of teaching staff working in universities and colleges in Maharashtra in general and the government Resolution dated 05/05/2009 and the government Resolution dated 12/08/2009 be quashed and set aside. C) By issuing writ of mandamus or appropriate writ or direction of like nature it be declared that the superannuated teachers retired between 1/1/1996 to 31/12/2005 are entitled for minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006 as a result of implementation of 6th pay commission and as such the members of petitioner Association are entitled for same. D) By issue of writ of mandamus or appropriate writ or direction of like nature the Respondent No.2 and 3 be directed to pay the difference...
Bajaj Allianz General Insurance Co. Ltd. Vs. Ramanlal Patel and Others
Court: Mumbai Goa
Decided on: Jun-09-2015
1. The present appeal is preferred by the original respondent No.3 against the Judgment and award passed by the learned Presiding Officer, M.A.C.T., Salcete, Margao in Claim Petition No.163/2014 dated 24 July 2008, by which the claim petition is partly allowed and the respondent Nos.2, 3 and 5, 6 were directed to pay compensation of Rs.5,61,600/- to the claimants in proportion of 40/60 along with 9% interest. 2. Brief facts of the case may be stated as follows: (Parties are referred to their original status) The claimants “ parents of the deceased Dinesh filed the application under provision of 166 of the Motor Vehicle Act. On the day of accident i.e. on 12/02/2004 deceased Dinesh was proceeding from Verna to Margao on the vehicle bearing registration No. GA 01 / P 7153 (hereinafter referred to as 'motorcycle'). At the relevant time a mini bus bearing registration No. GA 02 / T 4199 (hereinafter referred to as 'bus') was coming in rash and negligent manner from opposite side. One...
Robert Lobo and Another Vs. Alwyn Rodrigues, (now since deceased) thro ...
Court: Mumbai Goa
Decided on: Jun-09-2015
Oral Judgment: 1. Heard Shri Ressano De Noronha, the learned Counsel appearing for the petitioners and Shri R. G. Rivankar, the learned Counsel appearing for the respondents. 2. Rule. Heard forthwith, by consent. 3. The learned Counsel appearing for the respondents waives service. 4. The above petition, inter alia, seeks to challenge the order passed by the Civil Judge, Junior Division at Bicholim dated 18/10/2014, whereby the application for amendment of written statement filed by the petitioners came to be dismissed. 5. Upon hearing the learned Counsel appearing for the respective parties, I find that a suit for injunction and restoration of possession in respect of the suit property Survey No.424/0 situated at village Tivim came to be resisted by the petitioners on the ground that the disputed construction has been put up in the property Survey No.426/0 of the same village. It is pointed out by the learned Counsel appearing for the petitioners that on 29/06/2013 and 04/04/2014, the ...
Satish Vs. The State of Maharashtra Through Superintendent of Police a ...
Court: Mumbai Aurangabad
Decided on: Jun-09-2015
1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. 2. The petitioner has claimed relief of declaration that his detention by police officer, respondent No. 2 from 15.00 hours of 12.4.2014 to 11.00 hours of 14.4.2014 was illegal. The petitioner has claimed the relief of direction to hold departmental inquiry against respondent Nos. 2 to 4 for his illegal detention. He has claimed relief of granting compensation of Rs. ten lakh in respect of his illegal detention. 3. Respondent No. 5 - Mrs. Pradnya is the wife of petitioner. Their marriage took place on 31.5.2013. The father of respondent No. 5 was working as Police Inspector in Ambad Police Station, District Jalna for about five years and he retired there. The marriage of petitioner with respondent No. 5 was solemnized at Ambad and after the marriage, respondent No. 5 cohabited with the petitioner in Airoli, Navi Mumbai where petitioner is staying due to his service. He is working as a Civil En...
Sangeeta Kisan @ Krishnappa Chavan Vs. Sunil Navnath Gavaliv and Other ...
Court: Mumbai Goa
Decided on: Jun-09-2015
1. This appeal is directed against the judgment and order passed by the Presiding Officer, Motor Accident Claims Tribunal “ II, South Goa, Margao, in Claim Petition No. 79/2008 dated 17.10.2008 by which the Presiding Officer has rejected the claim petition. Hence, the present appeal. 2. The parties are referred to their original status. 3. The brief facts of the case may be stated as follows: The claimant nos. 1 to 5 i.e. widow and minor children of the deceased Kisan alias Krishnappa Chandru Chavan filed the petition under the provisions of Section 166 of the Motor Vehicles Act and claimed compensation on account of death of the deceased Kisan in the motor vehicular accident which took place on 17.01.2008. 4. On 17.01.2008, the deceased was driving a tipper truck bearing registration No. GA-01-W-7163 loaded with iron ore from Usgao to Anmod and when the said tipper truck reached at the spot of the accident, another tipper truck bearing registration No. GA-01-T-6995 came suddenly...
Shaikh Anwar Shaikh Babar and Another Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jun-08-2015
1. Both the applications are filed under section 439 of Criminal Procedure Code for bail. Both the sides are heard. This Court has perused the papers of investigation. 2. Previous application filed for bail by the applicants from both the proceedings bearing Criminal Application No.5007/2014 is decided by this Court, the undersigned, on 23-9-2014. The application is moved mainly on the ground that the other Hon'ble Judges have granted bail to the main accused and one more accused in subsequently filed applications. Main accused Sunil is granted bail by other Hon'ble Judge in Criminal Application No.1659 of 2015 by order dated 16-4-2015 and Nitin, another main accused who can be called as accused No.2 of the case was granted bail by the third Hon™ble Judge in Criminal Application No.6814/2014 by order dated 20-12-2014. Learned counsel for the applicants submitted that as the other two accused, who can be called as accused Nos.1 and 2, have got bail, present applicants also need to...
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