Mumbai Court April 2016 Judgments
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State of Maharashtra Vs. Shahaji Bajirao Waghmare
Court: Mumbai Aurangabad
Decided on: Apr-07-2016
Oral Judgment: 1. Heard learned A.P.P. for the appellant/ State. 2. This appeal is by State seeking enhancement of the sentence which was passed by the trial Court. The facts in brief are as follows. 3. On 2.9.1994, at about 9.00 p.m., at village Pangaon, Taluka Kallam, the accused committed criminal trespass by entering into the house of complainant Mandakini and causing hurt to her by using sword. The accused had run away after causing injury. The accused had been seeking partition. 4. The F.I.R. was registered and the offence was investigated. The sword was discovered from the house of accused. Police prepared spot panchanama. The statements of witnesses were recorded and charge sheet was filed. The Assistant Sessions Judge framed charge under Section 452, 307, 341, 504 and 506 of the Indian Penal Code. Prosecution examined the complainant as P.W.2 and her daughter Jayshree as P.W.1 to corroborate. The F.I.R. was proved. The Medical Officer P.W.3 Manik Dikale was also examined to pr...
Cholamandalam MS General Insurance Company Limited Vs. Sanjay and Anot ...
Court: Mumbai Aurangabad
Decided on: Apr-07-2016
Oral Judgment: 1. Being aggrieved by the judgment and award dated 27.11.2009 passed by the learned Chairman, M.A.C.T. Ahmednagar in M.A.C. P. No.234 of 2005, the original respondent No.2-insurer has preferred this appeal. 2.Brief facts, giving rise to the present appeal, are as follows:- a) On 8.2.2005, at about 6.00 p.m. the claimant was returning from Shrirampur to his village Maka by Kukana Dedgaon road on his motorcycle bearing registration No.MH-17-R-9506. He was riding the motor cycle and one Subhash Kande was pillion rider. On the way, within the limits of village Jeur, one rickshaw bearing registration No.MH-16-Q-1787 came from the opposite direction in high speed and gave a dash to the motorcycle driven by the claimant. In consequence of which, the claimant fell down on the road and sustained injuries, causing fracture to his right hand and right leg. After the accident, he was admitted in the hospital at Kukana and thereafter shifted to another hospital at Ahmednagar. He was ...
Egidio Braganza and Another Vs. Lino Agnelo Fernandes and Others
Court: Mumbai Goa
Decided on: Apr-07-2016
Oral Judgment: 1. Rule. Learned counsel for the respondent nos.1 to 4 waive service. There is no appearance on behalf of the rest of the respondents, though served. 2. The record shows that on 24/2/2016, a notice indicating that the matter is likely to be heard finally at the admission stage was issued. As such, the petition is taken up for final disposal at the stage of admission. 3. The petitioner has filed Regular Civil Suit no.60/2012/D against the respondents which is pending before the learned Civil Judge Junior Division at Panaji. That suit is inter alia for declaration of a sale deed dated 10/8/1998 and a Gift Deed dated 29/1/2010 as null and void. The petitioner is also praying for a relief of compensation for unauthorized user of the suit structure, permanent injunction and for possession. 4. Indisputably, the Petitioner no. 1 has entered into the witness box and his examination in chief is recorded in full and the suit was adjourned for cross examination. At this stage, the ...
Sadanand Puthran Vs. United India Insurance Co. Ltd.
Court: Mumbai
Decided on: Apr-07-2016
Oral Judgment: (Anoop V. Mohta, J.) 1. The petitioner who is aged 73 years has filed present petition on 19th December 2013, thereby praying to grant him benefit of pension under the General Insurance (Employees Pension) Scheme, 1995 (for short "1995 Scheme") from the date of his retirement from service on 1st December 1993 with 12% interest. The respondent has filed reply and opposed the averments as well as prayers by making reference to the provisions then existing Scheme i.e. General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme, 1976 (for short "1976 Scheme"). 2. Parties have also filed written submissions and relied upon judgments referred to by them. Admittedly, the petitioner was appointed as a clerk with the respondent on 13th August 1960. He was ultimately promoted as Administrative Officer. He completed uninterruted service of 32 years. However, for the reasons so recorded, he tendered a resignation letter dated 1st October 2...
Mallesh Shivan Shetty Vs. The Commissioner, Kalyan Dombivali Municipal ...
Court: Mumbai
Decided on: Apr-06-2016
Oral Judgment: (Anoop V. Mohta, J.) 1. As the regular Bench could not take this matter and in view of urgency expressed, circulated before this Bench. Heard finally, by consent of the parties. 2. Rule. Rule is made returnable forthwith. 3. Though this Writ Petition was served upon Respondent Nos. 4 and 5, none appeared for them. Affidavit of service to that effect is filed by the Petitioner. The same is taken on record. All other main contesting parties are heard. 4. The Petitioner, who is elected as Councillor from Ward No. 42 of Kalyan Dombivali Municipal Corporation in October/November 2015, has filed the present Writ Petition thereby, challenged the order passed by the Commissioner, Kalyan Dombivali Municipal Corporation-Respondent No.1 dated 23 March 2006, which reads as under: ORDER 1) Shri. Mallesh Shivan Shetty, has incurred disqualification as the councillor from Ward No. 42 of Kalyan Dombivli Municipal Corporation u/s. 10(1D) of the Maharashtra Municipal Corporation Act. 2) T...
Association of College and University Superannuated Teachers Vs. Union ...
Court: Mumbai Aurangabad
Decided on: Apr-06-2016
S.S. Shinde, J. 1. Heard. 2. Rule. Rule made returnable forthwith, and heard with the consent of the parties. 3. This Petition is filed with following prayer clause: A) By issuing writ of certiorari or any other writ, order or direction, this Hon ble court may be pleased to quash and set aside to the Government Resolution dated 5.5.2009 issued by the Government of Maharashtra i.e. respondent no.2 and direct the respondent no.2 to give the effect to the Government Resolution dated 21st August, 2009 from 1.1.2006 and pay difference gratuity amount calculated as per maximum ceiling limit of Rs.7 Lacs with 12% interest per annum to the members of petitioner Association. 4. It is the case of the petitioner that the petitioner is the Association of College and University Superannuated Teachers (Maharashtra), which is a registered Organization under the Maharashtra Societies Registration Act, 1860. The main grievance of the petitioner Association pertains to discrimination made by the respond...
Narayan Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Apr-06-2016
Oral Judgment: 1. Heard learned advocates for the respective parties. 2. RULE. Rule made returnable forthwith. 3. The petitioner has filed this petition challenging the order passed by the learned Magistrate on 20th February, 2015 rejecting the application (Exh.63) filed by the petitioner praying that he be discharged from the prosecution for the offences punishable under Sections 120-B, 200, 409, 420, 468, 471, 477-A, 201 and 511 and Section 34 of the Indian Penal Code. The petitioner has also challenged the order passed by the Sessions Court dismissing the revision filed by the petitioner challenging the above order. 4. On complaint filed by Vijay Gupta, the learned Magistrate directed investigation and after final report came to be submitted, directed registration of the First Information Report against 9 persons (including the petitioner). The petitioner was working as Education Officer (Secondary), Zilla Parishad, Bhandara at the time of commission of the alleged offence. The peti...
Prabhakar Waktuji Sapate Vs. Narayan Baburao Dhakate and Others
Court: Mumbai Nagpur
Decided on: Apr-06-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel appearing for the parties. 2. By these writ petitions, the petitioner has challenged the legality and correctness of the order passed by the learned Joint Charity Commissioner on 21.1.2016, thereby rejecting the application for grant of stay to the elections being held to the Rani Durgawati Adiwasi Vikas Sanstha Jogi Sakhara, (in short, the Society ), in compliance with the order passed by the learned and Assistant Charity Commissioner on 31.12.2015. 3. By the order passed on 31.12.2015, the learned Assistant Charity Commissioner rejected three Change Reports, which were the subject matter of inquiry in Inquiry No.245/2011, 374/2011 and Inquiry No.100/2014. The Change Reports in Inquiry No.245/2011 and 374/2011 were in respect of change of address of the society and removal of petitioner No.1 as secretary of the society respectively. The Change Report in inquiry No.100/2014 was relating ...
Ahmednagar Municipal Corporation, Ahmednagar, Through its Commissioner ...
Court: Mumbai Aurangabad
Decided on: Apr-06-2016
Oral Judgment:- 1. Heard learned Advocates for the respective parties. 2. Since the issue involved in all these matters is identical, the petitioner is the same Municipal Corporation and since all the respondents are identically placed former employees of the petitioner / Corporation, I have taken up all these matters together by the consent of the parties. 3. The first and the third petition have been admitted. As such, the second and fourth to seventh petitions are admitted. 4. By consent, Rule is made returnable forthwith and all the petitions are taken up for final disposal. 5. For the sake of clarity, the petitioner in all these matters will be referred to as the petitioner or the Corporation and all the respondents in these matters would be referred to as the employees . 6. Shri Bedre, learned Advocate on behalf of the Corporation has strenuously criticized the impugned judgments of the Industrial Courts delivered in Complaint (ULP) Nos. 254/1993, 472/1994, 197/1995, 193/1995, 38...
New India Assurance Company Ltd. Vs. Swati Dhondiram Nagargoje and Oth ...
Court: Mumbai Aurangabad
Decided on: Apr-06-2016
Oral Judgment: 1. Being aggrieved by the Judgment and Award dated 16.10.2009 passed by the Member, Motor Accident Claims Tribunal, Ambajogai in M.A.C.P. No.96 of 2008, the Respondent-insurer has preferred this appeal. 2. Brief facts, giving rise to the present appeal are as under :- a] Deceased Dhondiram was serving as Sheet Metal Worker in Tata Motors Limited Pimpri, Pune. On 17.7.2008, at about 11.40 am he was proceeding to attend the work at Chinchwad Pune. On way, near temple one Tempo-407 bearing registration No.MH-04/C-9657 gave him dash from his back side and fled away. In consequence of which, deceased Dhondiram had sustained the injuries. He was immediately shifted to the Government Hospital at Pimpri-Chinchwad, Pune where he declared dead on arrival. Legal representatives of deceased Dhondiram preferred claim petition No.96 of 2008 before the Motor Accident Claims Tribunal, Ambajogai. B] Respondent No.1- the owner, though, duly served, remained absent and therefore, hearing o...
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