Mumbai Court February 2016 Judgments
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Chaya Satappa Divate and Others Vs. Satappa M. Divate and Another
Court: Mumbai
Decided on: Feb-17-2016
1. The challenge in this petition is to the orders dated 31 August 2004 and 26 April 2005, to the extent, the said orders, have denied maintenance to the Petitioner No.1-wife and awarded inadequate maintenance to the Petitioner Nos.2, 3 and 4 (children). 2. By the interim order, this Court had enhanced maintenance for the Petitioner Nos.2,3 and 4 to Rs.1000/-, Rs.800/- and Rs.400/- respectively. 3. Mr. S.S. Patwardhan, learned counsel for the Respondent-husband, has very graciously stated that the Respondent-husband, will not object to such enhancement being maintained, even in the final order in this petition. This is, notwithstanding the circumstance that the Petitioner Nos.2,3 and 4 (daughters), by now, may have attained the age of majority. However, he submitted that should the Petitioner Nos.2 and 3 get married, the Respondent-husband, should be reserved the liberty of applying for variation. This is a reasonable approach. Accordingly, liberty, which, in any case, is available to ...
Ganesh Murlidhar Chaudhari Vs. The State of Maharashtra Through the Se ...
Court: Mumbai Aurangabad
Decided on: Feb-17-2016
1. Rule. Rule made returnable forthwith. By consent of the parties, taken up for final hearing. 2. The brief facts, necessary for deciding this Petition, are that, the petitioner is appointed as peon in the Village Panchayat at Nashirabad, Tq. and Dist. Jalgaon on 1st April, 1999 and since then he is serving on the said post for last more than 15 years. The Respondent No.1 issued circular on 6th April, 2005 directing all the concern Zilla Parishads to reserve 10% quota of Class-III and Class-IV posts to the Village Panchayat employees in Zilla Parishad in direct recruitment process and to make available same to the employees of the village panchayat completing 10 years of their services, as per their qualification and giving age relaxation upto 45 of age. It is the case of the petitioner that, the representations were made by the petitioner initially on 11th February, 2011, and 6th April, 2011 to the Respondent No.4, for including his name in the seniority list, but it was in vain, and...
Rajendra Suryakant More Vs. M/s. Fixolite Wires and Cables Pvt. Ltd. a ...
Court: Mumbai
Decided on: Feb-17-2016
Oral Judgment: 1. By this second appeal filed by the appellant under section 100 of the Code of Civil Procedure, 1908, the appellant (original defendant) has impugned the order and judgment dated 17th October, 2015 passed by the Principal District Judge, Nashik dismissing Regular Civil Appeal No.114 of 2014 and allowing the entire claim for recovery of damages made by the plaintiffs with costs. Some of the relevant facts for the purpose of deciding this second appeal are as under: 2. The original plaintiff no.1 is the company registered under the provisions of the Companies Act, 1956 i.e. private company. The plaintiff no.2 is the director of the said company. The wife of the plaintiff no.2 deceased Malti Khetwani was a shareholder of the said company and had purchased the suit flat in the year 1981. The said Malti Khetwani died on 7th August, 2011. The shares and the said flat were thereafter transferred by the society in the name of the plaintiff no.2. 3. Insofar as the appellant (or...
Sheetal Mahendra Devrukhkar Vs. Mahendra Kashiram Devrukhkar
Court: Mumbai
Decided on: Feb-17-2016
Oral Judgment: 1. By this miscellaneous civil application filed under section 24 of the Code of Civil Procedure, 1908, the applicant - wife seeks transfer of Hindu Marriage Petition No.A/80 of 2013 pending in the 3rd Family Court at Bandra to the Family Court at Nashik at Nashik Road. 2. The applicant was married to the respondent on 6th March, 2006 at Bhoiwada, Mumbai. It is the case of the applicant that in view of the ill-treatment given to the applicant by her husband and in-laws, the applicant started residing with her parents at Nashik. A male child is born out of the said wedlock between the applicant and the respondent. 3. It is the case of the applicant that the respondent has been working in a private company and earing a salary of approximately Rs.50,000/- per month and is also earning Rs.5.00 lacs per year from the agricultural land. The applicant is working as a Bus Conductor and is earning a meager salary. The parents of the applicant are retired. The applicant is not abl...
Abha Dastane-Rao and Another Vs. Prabhakar Deolankar and Others
Court: Mumbai
Decided on: Feb-17-2016
1. This is a Petition under Section 301 of Indian Succession Act, 1925 ( the Succession Act ; the ISA ). It seeks the removal of the 1st Respondent, one Prabhakar Deolankar ( Deolankar ) as the executor of a Will dated 25th April 2006 said to have been left by one Dr. Narayan Ganesh Dastane ( Dr Dastane ). The 2nd Petitioner, Sucheta, is Dr. Dastane s widow. The 1st Petitioner and Respondents Nos. 2 and 3 are their three daughters. Deolankar is Dr. Dastane s brother-in-law. The 4th Respondent is the Maharashtra Executor and Trustee Company Pvt Ltd ( METCO ), a company that provides, inter alia, executorship and trusteeship services and for which it charges fees. On 18th June 2007, Deolankar obtained probate to Dr. Dastane s Will from the District Court. In this litigation, Respondents Nos. 2 and 3 support their sister, Petitioner No.1, and their mother, Petitioner No.2. Together, I refer to them in this judgment as the Dastane Family . Where necessary, I have referred to them by their ...
Airports Authority of India Chhatrapati Shivaji International Airport, ...
Court: Mumbai
Decided on: Feb-17-2016
Oral Judgment: 1. The Petitioner, Airports Authority of India has filed this Writ Petition challenging the Award of the Presiding Officer, Central Government Industrial Tribunal dated 26 May 2008. 2. The Tribunal, by the impugned Award, has directed the Petitioner to treat the workers involved in the Reference as permanent employees of the Petitioner, and to pay them wages and consequential benefits at par with other permanent employees, from the date of Reference, that is 7 March 2003. 3. The Petitioner is a statutory body, constituted under the Airports Authority of India Act, 1994. The Respondent No.1, Indian Airports Employees Union (the Union) is a trade union, which seeks to espouse the cause of the workers involved in the Reference. The Petitioner carries out its activities at various places in India in around 120 airports in the country, including the airport at Mumbai, the Chhatrapati Shivaji International Airport. For discharging its duties, the Petitioner engages permanent e...
Lata Satyanarayan Bajaj Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-17-2016
Oral Judgment: 1. Heard both sides. 2. Aggrieved by the conviction for the offence punishable under section 307 of the Indian Penal Code and consequently recording of the sentence of rigorous imprisonment for 10 years against the original accused in Sessions Case No.45 of 2011, decided by the learned Adhoc Additional Sessions Judge-1, Latur on 03/12/2012, the present appeal is preferred. 3. According to the prosecution, the present appellant has hit her husband PW5 - injured, by stone in the night time due to which he has received serious injuries. 4. The prosecution case in short, is as under:- On 12/3/2011, PW3 - Rajendra Patil, the Police Patil of village Lamjana, Tq. Ausa, Dist. Latur filed complaint at Exhibit 29 with Police Station, Killari, alleging therein that the present appellant was always insisting her husband to dispose of his property from the village and to reside at Latur. Even she used to beat her husband on the said cause. She even did not use to carry household work...
Mangesh Vs. The State of Maharashtra, Through Tribal Development Depar ...
Court: Mumbai Aurangabad
Decided on: Feb-17-2016
S.S. Shinde, J. 1. This Writ Petition is filed with following prayers: B] By issuing appropriate writ, order or directions in like nature, the Respondent no. 2 The Upper Commissioner, Tribal Development, Nasik be Prevented from conducting the written examination for selection of candidates as the same is not provided in rules or advertisement. C] The Respondent No.2 be directed to consider the merit and eligibility Of candidates on the basis of marks obtained in Teacher Eligibility Test held by Maharashtra state council of examination, Pune and issue the appointment order to candidates / petitioner in accordance with the same. 2. The learned counsel appearing for the petitioner submits that, respondent No.2 has published an advertisement dated 18th February, 2014, in respect of the recruitment of several posts on Government Ashram Schools and Government Hostels in District Nashik, Nandurbar, Dhule, Jalgaon and Ahmednagar. Accordingly, the applications were called from qualified and eli...
M/s. Subramanya Cotton Ginning and Others Vs. M/s. Ruchi World Wide Lt ...
Court: Mumbai
Decided on: Feb-17-2016
Oral Judgment: (Anoop V. Mohta, J.) 1. Heard finally by consent. Admit. Hearing expedited. 2. We are inclined to dispose of these three Appeals filed under section 37 of the Arbitration and Conciliation Act, 1966 (for short Arbitration Act ) by this common order. 3. These Appeals were directed against the common judgment dated 25th November, 2013 passed by the learned Judge of this court under section 34 of the Arbitration Act. By the common judgment, the learned Judge maintained Award dated 10th January, 2013 passed by the Sole Arbitrator, who was appointed as Arbitrator pursuant to the Rules and Byelaws of the Cotton Association of India, Mumbai (CAI). 4. After hearing both the parties and noting the purchase order dated 31st August, 2010 and specifically the annexure to the contract, incorporating arbitration clause, the position as regards jurisdiction is conceded that this contract is subject to the Indore Jurisdiction . Admittedly, the Rules provide the place or venue of the arbi...
Satish Shrikrishna Solanke Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-17-2016
Oral Judgment: (V.M. Deshpande, J.) 1. By the present appeal, the appellant is before this Court as he is aggrieved by the judgment and order of conviction passed by the Sessions Judge, Akola, in S.T. No.84/10 on 20.5.2013. By the said judgment, though the learned Judge of the Court below acquitted the appellant of the offence punishable under Section 498-A of Indian Penal Code, found him guilty of the offence punishable under Section 302 of Indian Penal Code and directed the appellant to suffer imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for six months. 2. Prosecution case, in brief, can be summarized as under : (a) Deceased is Sunita. Her marriage with the appellant took place prior to three years of occurrence of burn. According to prosecution, on 16.3.2010 in between 7 to 7-30 p.m., the appellant under the influence of liquor picked up a quarrel with his wife, the deceased, poured kerosene on her person and set her ablaze. She su...
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