Mumbai Court August 2015 Judgments
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Prashant Bhagwandas Bajoriya Vs. Bharti Bharat Bajoriya and Others
Court: Mumbai Nagpur
Decided on: Aug-14-2015
1. Heard. 2. Admit. 3. Record and proceedings are dispensed with by consent at the admission stage. 4. The challenge is to the order passed by the Civil Judge (Sr.Dn.), Yavatmal (trial Court) granting interim injunction dt.16.8.2014 below Exh.5 in M.J.C. No. 40 of 2014. The interim order restrained creation of third party rights in disputed property mentioned in para 5 of the application and also restrained withdrawal of amount from the Savings Bank Account No. 01190005930 in the State Bank of India at Main branch, Yavatmal. 5. The facts in the background are stated thus : M.J.C No. 62 of 2008 was filed for grant of Probate/Letter of Administration allowed on 2-4-2012. Pursuant to the order of issuance of the Letter of Administration allegedly obtained by fraud, name of Bharat Bajoria was deleted from the proceedings and allottees (wife and son of said Bharat Bajoria) of the L/A were likely to sell the disputed properties and withdraw the sums deposited in the Savings Bank account (sup...
Yosef Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Aug-14-2015
1. A.I.S. Cheema, J. 1. The Appellant “ original accused (hereinafter referred as accused?) has filed this appeal against his conviction in Sessions Case No.76/2009, by judgment dated 30.7.2010, passed by Additional Sessions Judge-2, Jalna. The accused has been convicted under Section 302 of the Indian Penal Code, 1860 and sentenced to suffer imprisonment for life and fine of Rs.1000/-, and in default to suffer rigorous imprisonment for 15 days. 2. The case of prosecution in brief is as follows : (a) According to the charge sheet which was filed in the trial Court, the accused on 15.2.2009, between 6.30 p.m. to 7.00 p.m., at village Bazar Wahegaon, Taluka Badnapur, District Jalna, murdered his grandmother Samindrabai Onkar Ghorpade, aged about 85 years, as the old lady had troubled his parents and his aunt and was also troubling him and he was tired of looking after her. The parents and aunt had died, but the grandmother was not dying and because of her, he had to go to jail and ...
Bhaskar and Others Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Aug-14-2015
Oral Judgment: [A.B. Chaudhari, J.]: 1. Rule. Rule is made returnable forthwith. Learned APP Mr. Nayak waives service for respondent sole. Heard learned counsel for the rival parties. By consent of rival parties, this Criminal Application is taken up for final hearing and disposed of by this Judgment and Order. 2. Following is the prayer in Prayer Clause [I] of the application for quashing FIR No. 57/2015 registered with Dahihanda Police Station, Tq. Akot, Distt. Akola, for offence under Section 447 read with Section 34 of Indian Penal Code:- [I] Allow the instant application and thereby quash the first information report vide FIR No. 57/2015 [Annex.5], registered with the respondent, Police Station, Dahihanda, Tah. Akot, Distt. Akola, for offence punishable under Section 447 and 34 of the Indian Penal Code.? 3. The crux of the matter and the larger question that arises for consideration is whether Gayran lands can be cultivated and used illegally and then regularized for any other pur...
Baby and Others Vs. Amin and Others
Court: Mumbai Nagpur
Decided on: Aug-14-2015
Oral Judgment: 1. By this appeal, the appellants-claimants/legal representatives have sought to challenge judgment and award dated 12.3.2003, passed by learned Member of the Motor Accident Claims Tribunal, Yavatmal, in Motor Accident Claim No.18 of 1993, whereby the petition filed by the claimants/legal representatives of deceased Narayanrao Deogade was dismissed. 2. The facts of the case in a nut shell stated are thus: On 21.5.1992, tractor having registration No.MH-29/B-256 and trolly attached thereto having registration No.8381 was proceeding to Chinchola from village Chikhalgaon. The deceased Narayanrao Deogade, the husband, the father, and son of appellants Nos.1 to 5 respectively, was travelling sitting in the trolly. When the tractor-trolly reached near village Gaurala, the driver could not control the vehicle since it was in high speed, as a result of which there was a heavy jerk to the tractor-trolly. The deceased Narayanrao was thrown away and he fell on the road. Since Naray...
M/s Auto Cars Vs. The State of Maharashtra, (Through Dy.Commissioner o ...
Court: Mumbai Aurangabad
Decided on: Aug-14-2015
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The petitioner is aggrieved by the order dated 28/01/2015 passed by the Assistant Commissioner of Labour and Authority under the Minimum Wages Act, 1948, (in short, Act of 1948) Aurangabad, in Appl. (MWA) No.1/2013. 3. The submissions of Mr.A.V.Patil on behalf of the petitioner is as under: a. The petitioner is a partnership firm engaged in the business of transportation, ware house services and logistics. b. The petitioner has its own buses, cars, tractors and forklifts. c. The petitioner also hires different types of vehicles for rendering transportation services to its customers. d. Respondent No.2 is the Employees' Union which represents the claimant workers, who are mentioned in the annexure at page 36 to 63. e. The said Union submitted a charter of demands on 16/01/2013 to the petitioner claiming wage rise benefits and other long term benefits. f. Several meetings were conducted for explor...
M/s Costa Pinto Associates and Another Vs. M/s Ramdeo Maurya and Assoc ...
Court: Mumbai Goa
Decided on: Aug-14-2015
1. By this appeal, the appellants/original defendants are challenging the judgment and decree passed by the learned Adhoc District Judge, Margao, in Regular Civil Appeal No. 157/2010, on 07.05.2011. The appeal filed by the appellants challenging the judgment and decree dated 17.03.2007, passed by the learned Civil Judge Senior Division at Margao in Special Civil Suit No. 25/1997/III, has been dismissed, thereby confirming the decree for Rs.2,58,976.70 alongwith interest at the rate of 12% per annum, passed in favour of the respondent/plaintiff. 2. The brief facts necessary for the disposal of the appeal may be stated thus: The respondent/plaintiff was planning to construct a residential cum commercial complex by name The Royal Palms? in the property surveyed under Survey No. 398/1, in the village Benaulim, Taluka Salcete, Goa. The respondent as a R.C.C. Labour Contractor had entered into a contract with the appellants to undertake the construction of the said complex. Accordingly, an a...
Gaurang Dinesh Damani Vs. Union of India and Others
Court: Mumbai
Decided on: Aug-13-2015
Oral Order: 1. In this PIL filed in January 2011, the petitioner had prayed for various reliefs including direction to the Union of India, Ministry of Health and Family Welfare to make clearer rules to ensure that the consumers get their claims settled as promised in their respective insurance policy documents and to restrict the powers of Third Party Administrators (TPA) and to debar them from processing claims. The petitioner had also prayed for restoration of the cashless facility as it was causing prejudice to the holders of the mediclaim policies. The petitioner had also prayed for various other reliefs. The petitioner had also made out other grievances in the PIL against functioning of respondent no.2 Insurance Regulatory Development Authority (IRDA). 2. Under the Insurance Regulatory and Development Authority Act, 1999 particularly under section 14 of the said Act provides that the authority shall have the duty to regulate, promote and ensure orderly growth of the insurance busi...
Suvarna Umakant Pandit Vs. Umakant Raghunath Pandit
Court: Mumbai
Decided on: Aug-13-2015
P.C. 1. Rule. Notice returnable forthwith. Heard finally at the stage of admission by consent. 2. By this Petition the Petitioner-wife challenges the order passed by the learned Judge, Family Court No.1, Pune dated 19th November, 2014 in P. A. No.728 of 2012 below Exhibit 19. The Exhibit 19 is the application made by the Respondent-husband under Order 6 Rule 17 of the Code of Civil Procedure. 3. The Respondent-husband has filed the Petition for divorce against the Petitioner-wife. The Petition was earlier allowed exparte and then the said order was challenged by the Petitioner-wife before this Court in Family Court Appeal No.218 of 2014. The said order was set aside and the Appeal was allowed and matter was remanded. Thereafter, the Petitioner-wife filed her reply. Then the Respondent-husband has filed his affidavit-in-chief. The Petitioner-wife then filed her written statement and thereafter the affidavit-in-chief was filed. The application for amendment of the Petition is filed by th...
The General Secretary, Ahmednagar Education Society Vs. Nagnath Ganpat ...
Court: Mumbai Aurangabad
Decided on: Aug-13-2015
Oral Judgment: 1. This petition was admitted by order dated 18.7.1995. 2. The respondent is an employee of the petitioner. His father retired on 28.2.1983 and the respondent was engaged on 14.9.1983 as a part time Peon. He contends that he had been working as a full time Peon since the petitioner is a growing educational institution and presently is the largest educational institution in that part of the State. 3. The respondent had preferred Complaint (ULP) No.206 of 1987 before the Industrial Court at Ahmednagar invoking item Nos.5,6,9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (the said Act ?). He had set out a list of persons, who were junior to him and have been granted regularization, who are as under:- a) Shri Bhau Shinde, from New English School from the same category, where the petitioner is working. b) Shri Vilas Kathinkar from practicing school Ahmednagar to Sainath Vidyalaya, Shirdi. c) Shri Sadas...
The Regional Director, Employees State Insurance Corporation Vs. Sunil ...
Court: Mumbai Goa
Decided on: Aug-13-2015
Oral Judgment: 1. By this appeal the Employees State Insurance Corporation (the Corporation? for short) is challenging the judgment dated 17.7.2007 passed by the Employees State Insurance Court (the ESI Court for short) in Employees Insurance Case no.14/2005. By the impugned judgment, the application filed by the respondent under Section 75 of the Employees State Insurance Act, 1948 (the Act? for short) has been allowed thereby declaring that the respondent's establishment is not covered under the provisions of the Act. Further the ESI, Court has quashed the impugned orders dated 19.7.2005 and 7.11.2005 passed by the Appellant Corporation under Section 45-A of the Act as null and void. 2. Brief facts are that the respondent is a proprietory concern. It was claimed before the ESI Court that the proprietor Mr. Sunil Pai is educated up to class VII and was not conversant with any language other than Konkani. The respondent is carrying on business of providing/undertaking washing of vehic...
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