Mumbai Court July 2015 Judgments
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Deputy Collector (LA), South Goa and Another Vs. Renato R. Dias, Throu ...
Court: Mumbai Goa
Decided on: Jul-17-2015
1] Heard Mr. Manish Salkar, learned Government Advocate for the appellants and Mr. C.A. Coutenho, learned Advocate for the respondents. 2] The original respondents-appellants have preferred this appeal against the judgment and award passed by the Adhoc District Judge-1, Fast Tract Court-I, South Goa in Land Acquisition Case No.91 of 2004 dated 15/12/2006, by which the learned Reference Court has enhanced the compensation of the acquired land i.e. for bharad land from Rs.24/- per sq. mt. to Rs. 100/- sq.mt. and for the paddy land from Rs.8/- per sq. mt. to Rs. 20/- per sq.mt. along with 30% solatium on the value of the land and the interest @12% per annum etc. Being aggrieved with the same, the original respondents have preferred this appeal, mainly on the ground that the learned Reference Court has not appreciated the oral as well as documentary evidence on record properly. The Reference Court has also not taken into consideration the relevant sale instances and its comparative value. ...
Rajesh @ Pintya Vs. The State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-17-2015
Oral Judgment: (P.N. Deshmukh, J.) 1. This appeal takes exception to the judgment dated 1st of July, 2005, passed in Sessions Trial No.36 of 2005, by learned Second (Ad hoc) Additional Sessions Judge, Wardha, thereby convicting appellant/accused Rajesh @ Pintya Ramesh Sabale for the offence punishable under Section 302 of the Indian Penal Code, and sentencing to suffer life imprisonment and to pay fine of Rs.1000/- and in default to suffer rigorous imprisonment for one month. 2. In brief, it is the case of prosecution that on 3rd of December, 2004, PW 10 Ashok Thakre, resident of village Botona at about 4.45 p.m. received information from some school boys that deceased Laxman Thakare was lying on Ashti “ Pardi road. Accordingly, he immediately rushed to the spot and found Laxman Thakare lying near storm water drain (Nali) and on enquirying with Laxman, he told that accused had given dash by his vehicle Jeep to their motorcycle, owned and driven by Ranjitsingh, while they were pro...
Executive Engineer, Public Works Division and Another Vs. Ganesh Kashi ...
Court: Mumbai Nagpur
Decided on: Jul-17-2015
Oral Judgment: 1. Since both these writ petitions raise challenge to the same order, they are being decided by this judgment. Rule in both writ petitions made returnable forthwith and heard finally with the consent of the learned Counsel for the parties. 2. The petitioner in Writ Petition No.5036/2014 was working as a Chaukidar for the period from 23-5-1983 till 30-4-1987. On 26-3-1987, a notice was issued by the respondent under provisions of Section 25F of the Industrial Disputes Act, 1947 (for short, the said Act). As per said notice, the services of the petitioner were to come to an end from 30-4-1987. The petitioner was informed that he was entitled for retrenchment compensation for the period of service rendered. In the notice, it was further stated that he should come and collect the amount of retrenchment compensation before 30-4-1987 when his services would come to an end. Said notice was also published on the notice board and it was in respect of the workmen from Sr. Nos.107 ...
Pushpalata Vs. Ganesh and Another
Court: Mumbai Nagpur
Decided on: Jul-16-2015
Oral Judgment: 1. Heard submissions at the bar. After additional evidence was taken pursuant to Judgment and Order dt.22.7.2013 passed by this Court, learned Member of the Tribunal recorded additional evidence of the following witnesses: a) Ramesh Amrutaji Manwar. b) Rameshwar Narayan Ingole. c) Ramesh Ramchandra Kaware. 2. They were also cross-examined on behalf of the respondent. Thus, record and proceedings of M.A.C.P. No.206 of 2000 is received and perused. I have read additional evidence recorded while hearing submissions at the bar. It appears that witness Ramesh Amrutaji Manwar deposed before the Motor Accident Tribunal, Akola that he was travelling from Aamgavhan to Umra on 3.12.1999 at about 10 a.m. and then, after his work at Umra was complete, he had started his return journey by Washim to Manora ST Bus bearing Registration No.MH-12/8282. When the bus reached near Chikhalagarh road, the driver applied immediate brakes and in the result, big sound came. The bus stopped by the...
Jaison Dias Vs. Ramesh Ramchandra Pawar and Others
Court: Mumbai Goa
Decided on: Jul-16-2015
Oral Judgment: 1. This is an appeal by the original plaintiff against the judgment and order dated 06/06/2013 passed by the learned District Judge, North Goa, Panaji in Civil Suit No.51/2007. By the impugned judgment, the learned District Judge has rejected the plaint against the respondent / original defendant nos.19 to 22 under Order VII, Rule 11(a) and (d) of the Code of Civil Procedure (C.P.C., for short). 2. The brief facts, necessary for the disposal of the appeal, can be stated thus : That the appellant claims to be the co-owner of properties bearing Survey No.82/2, 82/7 and 82/12 situated at Orda, Candolim, Bardez, Goa. The appellant claims that he is in peaceful possession and enjoyment of the said property along with the co-owners. Sometime in August, 2006, illegal tree and hill cutting operation was carried out in the said property by some unknown persons/ migrants, without the permission of the appellant or the other co-owners. It was contended that the hill cutting is proh...
Sarjerao Rangnath Chauhan and Others Vs. State of Maharashtra, Ministr ...
Court: Mumbai Nagpur
Decided on: Jul-16-2015
Indira K. Jain, J. 1. By this petition, petitioners seek issuance of writ of mandamus or any other appropriate writ (i) quashing and setting aside government resolution dated 17.5.2003 (ii) directing respondent no.1 to implement and continue the effect of government resolution dated 3rd August, 2001 and (iii) granting revise pay scale as per the recommendations of 6th Pay Commission. 2. It is pertinent to give a vivid background of the case before we advert to decide the issue at hand “ Petitioners are working as drivers on the establishment of respondent nos. 2 to 4 Zilla Parishads. The post of driver falls under Class-III category and it is an isolated post as opportunity of promotion is not available in case of the employees working as drivers. The State of Maharashtra has come up from time to time with different schemes and programmes in respect of the working conditions and pay scales of its employees. Vide Government Resolution dated 8.6.1995 State government implemented a ...
M/s. Wairagade Engineering Corporation Vs. M/s. Hiren Aluminum Ltd. an ...
Court: Mumbai Nagpur
Decided on: Jul-16-2015
Oral Order: 1. Being aggrieved by the judgment and order dated 23-10-2007 passed by the Ad-hoc Additional Sessions Judge, Nagpur in Criminal Revision No. 921/2006 by which the order dated 10-7-2006 passed by J.M.F.C., Nagpur in Criminal Case No. 1433/2006 issuing process against the respondent-company incorporated under the Companies Act was quashed and set aside, the instant application was filed. 2. Learned counsel for the applicant submitted that the learned revisional Court relied on a decision of the learned Single Judge of this Court in the case of Natural Sugar and Allied Industries Ltd. and anr. Vs. Razzak s/o Hazi Gaffar and ors. reported in 2006(4) Mh.L.J. 771 and passed the impugned order holding that there could not be order of issuance of process against the company incorporated under the Companies Act in accordance with the said decision in which reference was also made to the earlier Supreme Court decision. He then submitted that there is a Constitution Bench judgment in...
Haneef Gulam Rasool Makrani and Others Vs. The State of Maharashtra an ...
Court: Mumbai Aurangabad
Decided on: Jul-16-2015
S.S. Shinde, J. 1. Criminal Appeal No.37/2012 and Criminal Appeal No.501/2012 have been filed by the appellants (original accused), challenging the Judgment and Order dated 13th January, 2012 passed by the Additional Sessions Judge, Shahada, District Nandurbar in Sessions Case No.06/2009, thereby convicting the appellants /original accused for the offence punishable under Section 302 r/w. Section 149 of IPC and sentencing each of them to suffer rigorous Life Imprisonment and also to pay fine of Rs.1,000/each, in default of payment of fine, to suffer rigorous imprisonment for six months each. The appellants / accused are further convicted under Section 324 r/w. Section 149 of IPC and each of them is sentenced to suffer rigorous imprisonment for two years and also to pay fine of RS.500/each, in default of payment of fine, to suffer rigorous imprisonment for three months each. The appellants are further convicted under section 147 r/w. Section 149 of IPC and each of them is sentenced to s...
M/s. A.S.N. Agri Genetics Private Limited, Indore (M.P.) through its M ...
Court: Mumbai Nagpur
Decided on: Jul-16-2015
Oral Judgment: 1. Heard. 2. Admit . Mr.R.L.Khapre, learned Counsel waives service on behalf of the respondent/Caveator. 3. This appeal is preferred against the Judgment and Order dt.7.3.2015 delivered by 2nd Joint Civil Judge (Sr.Dn.), Akola in Special Civil Suit No.97 of 2008. The suit was instituted on 19.8.2008 for damages on the ground that the plaintiff “ a Private Limited Company, through its Constituted Attorney, filed a suit for damages on the ground that the defendant/Company, who is in the business of sale of seeds, represented to the plaintiff to sell 4500 quintals of raw JS-335 Soyabean seeds. The plaintiff had paid sum of Rs.54,00,000/- by various cheques, six in number during the period between 24.11.2007 to 28.11.2007. It is alleged that the defendant failed to comply with the terms of stocking agreement and total supply of goods to the plaintiff. The plaintiff had, therefore, claimed refund of entire amount paid together with interest/damages for non-supply of goo...
Utsav Safety Systems Pvt. Ltd. and Another Vs. State of Goa, through i ...
Court: Mumbai Goa
Decided on: Jul-16-2015
F.M. Reis, J. 1. Heard Shri Kevic Setalvad, learned Senior Advocate appearing for the Petitioners, Mr. A. N. S. Nadkarni, learned Advocate General appearing for the Respondent nos. 1 to 3 and Shri Fernandes, learned Counsel appearing for the Respondent no. 4. 2. The above Writ Petition, inter alia, prays for a writ of mandamus Order or direction against the Respondents to comply with or take further action in pursuance to the Order/direction dated 05.03.2013 passed in Writ Petition no. 49/2013 and further Order directing the Respondents to take appropriate steps in execution of tender process of HSRP dated 03.04.2012, in the State of Goa, and issue a letter of intent in favour of the consortium of Petitioners in pursuance to a tender notice dated 03.04.2012 wherein the consortium of the first and the second Petitioner had been declared as lowest and the successful bidder. The Petitioners have also amended the reliefs and sought an appropriate writ quashing the notice issued on 16.09.20...
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