Mumbai Court August 2015 Judgments
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Madhuri Praful Patil Vs. The State of Maharashtra, Through the Secreta ...
Court: Mumbai
Decided on: Aug-14-2015
Oral Judgment: (K.R. Shriram, J.) 1. Rule. Rule made returnable forthwith. With consent of the parties, petition is taken up for final hearing forthwith. Petitioner has filed this petition under Article 226 of the Constitution of India challenging the communication dated 21.11.2012 passed by respondent no.1 pursuant to which claim of petitioner for medical reimbursement was rejected by respondent no.1. 2. Petitioner, on 20.10.1976, joined the Industrial Court at Mumbai as Junior Clerk. Thereafter, petitioner was promoted as Senior Clerk in 1978 and as Clerk of Court in 1984. 3. Petitioner thereafter was promoted to the post of Assistant Registrar in the year 2004. It is the case of the petitioner that she had been suffering from pain in both her knees and was taking treatment for the same since 2003. The pain in the knees was due to osteoarthritis. Over the years muscles in the knees got wasted. The pain in the knees became unbearable and the petitioner found it difficult to commute to...
Saraswati Education Society's Saraswati College of Engineering Vs. All ...
Court: Mumbai
Decided on: Aug-14-2015
Anoop V. Mohta, J. 1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. The Petitioners reliefs are based upon the following events: The Petitioners is an institution established in the year 1997 and administered by the Trust viz. Saraswati Education Society. The Petitioners' Engineering College is conducting the U.G. (Under Graduate) Courses since year 2004 and P. G. (Post Graduate) Courses, from the year 2011 after the inspection conducted by LIC and Directorate of Technical Education (DTE) of the State of Maharashtra, and after the scrutiny by the Expert Visit Committee (EVC) as approved by Respondent No.1-All India Council for Technical Education (AICTE). All these years, no major deficiency of any nature has been pointed out by any of the Respondents regarding the Petitioners' Engineering College. The State of Maharashtra has issued GRs to that effect to the Petitioners' aforesaid courses and College. The University of Mumbai, Respondent No.6 has tim...
Narcotics Control Bureau Vs. Faiyazz Ahmed Rasool Shaikh and Another
Court: Mumbai
Decided on: Aug-14-2015
1. This Application for cancellation of bail is moved by Narcotics Control Bureau. Respondent/accused Faiyazz Ahmed Rasool Shaikh was arrested in NCB/BZU/CR-11/10 and in NDPS Special Case No.01 of 2010 pending before Additional Sessions Judge, Raigad, Mangaon for the offences punishable under section 9-A r/w. section 25(A) and section 25 and 29 of NDPS Act of 1985, as he was involved in purchase of 93 kg. of Ephedrine, a controlled substance. In the said case, the accused was granted bail by this Court by its order dated 5th May, 2011 and when he was on bail, in July 2014 NCB Hyderabad again arrested him for his alleged dealings in 154 kg. Ephedrine and thereby offence was registered against him with NCB. The accused was granted bail by the Andhra Pradesh High Court. NCB thereafter moved an application before this Court under section 439 of Cr. P.C. for cancellation of bail granted by this Court on the ground that the accused indulged into similar offence. 2. The learned counsel Ms. Re...
Girdhari Parmanand Motiani Vs. Vinayak Bhagwan Khavnekar and Others
Court: Mumbai
Decided on: Aug-14-2015
1. These two Appeals can be conveniently disposed of by this common order as the parties are same, and the points needing determination are also the same. 2. The appellant is the original complainant. He had filed two complaints against the respondent nos.1 and 2 herein, alleging commission of an offence punishable under section 138 of the Negotiable Instruments Act by them. One of the complaints was numbered as C.C.No.2/S/2003 and the other as C.C.No.4/S/2003. The C.C.No.2/S/2003 related to a cheque in the sum of Rs.3,00,000/- while the other related to a cheque of Rs.96,000/-. According to the appellant, cheques in both these cases had been given to him by the respondent no.1 herein towards the repayment of friendly loan advanced by the complainant to him. That, since both the cheques were dishonored, and that inspite of the notice of demand with respect to the dishonor of each cheque, the payments were not made, the aforesaid two separate complaints were filed by the appellant. 3. T...
Dr. Vikhe Patil Foundation’s Vikhe Patil Memorial School ...
Court: Mumbai
Decided on: Aug-14-2015
Anoop V. Mohta, J. 1. Rule, returnable forthwith. Heard finally by consent. The issues are common and interconnected and, therefore, this common judgment/order. 2. The Petitioners are imparting preprimary and elementary education? in their respective unaided schools?. Some are unaided minority schools also. The Respondents/State of Maharashtra (The State) and its officers are in-charge to control the schools and take effective steps to provide and or to make arrangement for primary and elementary school education till its completion in the State, as contemplated under The Right of Children to Free and Compulsory Education Act, 2009 (for short, RTE Act) and The Right of Children to Free and Compulsory Education Rules, 2010 (the RTE Central Rules), The Maharashtra Right of Children to Free and Compulsory Education Rules, 2011? (for short, RTE State Rules of 2011) and Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class I or ...
Tetra Pak India (P) Ltd. and Others Vs. Tristar Beverages (P) Ltd. and ...
Court: Mumbai
Decided on: Aug-14-2015
1. Rule. Rule made returnable forthwith. By consent, taken up for final disposal at the stage of admission. 2. By the present application filed u/s 482 of the Code of Criminal Procedure (Cr.P.C.), the applicants seek exception to the criminal proceedings initiated against them wherein they are arrayed as accused for commission of offence punishable u/s 420 of Indian Penal Code (IPC), pursuant to order dt. 24/12/2012 passed by Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon (now transferred to Sewree Court), Mumbai in a private complaint filed u/s 406 and 420 of IPC, at the instance of respondent No. 1/Complainant. In nutshell, it is the case of the applicants that filing of such private complaint by respondent No. 1 alleging therein criminal act to dispute of purely civil and commercial dispute is a gross act of abuse of process of Court, which resulted into causing serious miscarriage of justice to the applicants. According to the applicants, acts of respondent No. 1 to g...
Bhausaheb Uttam Wagh Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-14-2015
P.C. 1. The application is moved for bail as the applicant/accused is prosecuted arrest for the offences punishable under Sections 4, 5, 7(1)(b) and 9 of the Prevention of Immoral Traffic Act ("PITA") and under Section 6, 7, 8, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 in C.R. No.II-3021 of 2015 registered with Sarkarwada police station, Nashik. 2. It is the case of the prosecution that the offence was registered at the instance of one Dipak Girme (API) attached to Crime Branch, Unit-I, Nashik City on 8th March, 2015 as police received information that the immoral trafficking is going on in one hotel named "Padma Hotel", Nashik. The police planted a bogus customer and gave call to the person involved therein. Thereafter, the victim lady arrived on the spot along with the applicant/accused. he was given Rs.3,000/-. Thereafter the applicant/accused was arrested. He is inside since then. Hence, this bail application. 3. The learned counsel for the applicant/ac...
Vijay Khairatilal Bhatia Vs. Ashwin Ramesh Mittal and Another
Court: Mumbai
Decided on: Aug-14-2015
1. Rule. Rule made returnable forthwith. By consent, taken up for final disposal at the stage of admission. 2. The applicant/accused No. 5 in the complaint has filed this application u/s 482 of Code of Criminal Procedure (Cr.P.C.) to set aside the order of issuance of process dt. 17/10/2013 passed in Criminal Complaint Case No. 603/SS/2013, by Metropolitan Magistrate, 14th Court at Girgaon, Mumbai and further to quash the said criminal proceedings to the extent of applicant. 3. Few facts leading to filing of the present application are as under: The complainant (respondent No. 1) herein filed criminal complaint u/s 138 r/w 141 of the Negotiable Instruments Act, 1881 (in short NI Act?) as against accused No. 1 - Tricom Indian Limited and five other persons, which include the present applicant as Director of accused No. 1 “ Company. In the complaint filed, the complainant has alleged that on account of acquaintance with the accused Nos. 2 and 3, the complainant provided financial a...
Bajaj Allianz General Insurance Co. Ltd., Through its manager Vs. Vaib ...
Court: Mumbai Goa
Decided on: Aug-14-2015
1. The present appeal is presented by the original respondent no.3 Insurance Company against the judgment and award passed by the Presiding Officer of the Motor Accident Claims Tribunal, Mapusa in Claim Petition No. 57/2010 by which the claim of claimants/respondent nos. 1 to 3 is allowed and the original respondents are directed to pay compensation of Rs.16,33,300/- together with interest at the rate of 9% per annum. 2. The parties are referred to their original status. 3. The brief facts of the case may be stated as follows: On 01.07.2009 the husband of the claimant no.1 and father of the claimant nos.2 and 3 was proceeding on a Bajaj pulsar from Pirna towards Cansa Thivim and when he reached at the spot of the accident at Keli Pirna, at about 12.35 p.m., the respondent no.1 drove rickshaw in a rash and negligent manner. Consequently, there was dash between the rickshaw and motorcycle and in the accident the deceased received serious injuries and succumbed. The deceased was the sole ...
Padmakar and Others Vs. State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Aug-14-2015
S.S. Shinde, J. 1. Criminal Appeal No. 459 of 1999 is filed by the original accused nos. 2, 3, 4, 7, 8, 9 and 10, who are convicted for the offence punishable under Sections 147, 148, 302 r/w 149, 325 r/w 149, 324 r/w 149 of I.P.C. and under Section 135 of the Bombay Police Act. Criminal Appeal No. 79 of 2000 is filed by the State of Maharashtra, challenging the judgment and order of acquittal passed by the Additional Sessions Judge, Latur, acquitting the original accused nos. 1, 5, 11, 12, 13, 14 and 15 for the offence punishable under Sections 147, 148, 302 r/w 149, 307 r/w 149, 325 r/w 149 and 324 r/w 149 of I.P. Code and under Section 135 of the Bombay Police Act. 2. The brief facts of the prosecution case, are as under:- (i) One Muktabai W/o Shankar Gawali is resident of Yelamwadi, Tq. Chakur, Dist. Latur. She is living along with five sons namely Ashok, Balaji, Sanjay, Vyankat and Baba and three daughters namely Prabhawati, Ushatai and Vijatai. Her daughter Prabhawati was married...
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