Mumbai Court April 2016 Judgments
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Babar Manohar Sonyabapu Vs. The President, Yashwantrao Chavan Shikshan ...
Court: Mumbai
Decided on: Apr-06-2016
1. Rule. Learned counsel appearing for the respondents waive service. By consent of parties, matter is heard finally. 2. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner (original appellant) has impugned the order dated 25th October, 2013 passed by the learned Presiding Officer of the School Tribunal, Mumbai allowing an application filed by the respondents challenging the jurisdiction of the school tribunal on the ground that the school tribunal had no subject matter jurisdiction. Some of the relevant facts for the purpose of deciding this petition are as under:- 3. The petitioner is qualified as M.A.,B.Ed. On 14th June, 1993, the petitioner was appointed as an Assistant Teacher in the respondent no.3 Night High School situated at Kanjur Marg. 4. On 30th June, 2008, the post of Head Master in the said school fell vacant due to the resignation of Mr.B.R.Ghanwat w.e.f. 30th June, 2008. 5. On 1st July, 2008, the respondent nos. 1 and 2 appoint...
Keshav Ganpat Gaikar (Since deceased) Through LRs. and Another Vs. Mad ...
Court: Mumbai
Decided on: Apr-06-2016
P.C. 1. Heard the learned counsel for the parties. The learned counsel for the petitioners (legal heirs of defendant No.1 and defendant No.2) submits that he is not claiming any relief against respondent Nos.1 and 2. He further submits that respondent Nos.4 and 7 are legal heirs of defendant tenant. Hence, it is not necessary to serve them. Statement is accepted. 2. By consent of the parties, matter is taken up for final hearing at the stage of admission itself. 3. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 02.05.2015 passed by the Appellate Bench of Small Causes Court, Mumbai below Exhibit-25 in appeal No.470/2008 allowing the application filed by respondent No.3 for joining him as party appellant. 4. The learned counsel for the petitioner defendant submits that in the present proceedings, initially respondent Nos.1 and 2 i.e. original plaintiff filed Regular Civil Suit No.2744/1983. During pendency of the said suit, the m...
Kiran Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-06-2016
P.C. 1. Heard learned counsel for the Applicant and learned APP for the Respondent - State. 2. By this application, the applicant seeks quashing and setting aside of the order dated 10th December, 2015, passed by the learned Additional Sessions Judge, Nashik, below Exhibit - 61 in Special Case No.2 of 2007 and seeks permission to lead documentary evidence by way of secondary evidence in respect of H.P. File Nos.129, 204, 205 along with loan recovery of roznamas, which were maintained in the office of the Chairman, of the Liquidator Board of Nashik Co-operative Credit and Capital Society Limited (hereinafter referred to as 'the Society'). 3. The Complainant is one Shashikant Sitaram Pandit, a Civil Contractor who had filed a complaint with the Anti-Corruption Bureau, Nashik on 6th July, 2006. According to the complainant, his wife had taken a loan of Rs.6 lacs, from the Nashik Co-operative Credit and Capital Society Limited, Nashik, for purchase of a truck. It is stated that as the said...
Oriental Insurance Co. Ltd. Vs. Sharad and Another
Court: Mumbai Aurangabad
Decided on: Apr-06-2016
Oral Judgment: 1. Being aggrieved by the Judgment and Award passed by the Member, Motor Accident Claims Tribunal Nanded in MACP No.281/1994, the original respondent no.2-insurer has preferred this appeal. 2. Brief facts, giving rise to the present appeal, are as under :- a] On 15.1.1994 the respondent-original claimant was riding his moped vehicle Bajaj M-80 bearing registration No.MH-26/1454. He was going to his office alongwith pillion rider Shri S.S. Deshpande. The respondent/original claimant is an employee of respondent No.1. On that day, while riding the said moped vehicle, when he reached near the office of Cidco at about 09.20 am, a staff transportation bus bearing registration No.7418 was going ahead of the petitioner's moped vehicle. There was crowd in front of the office of CIDCO as certain agitation was going on account of the change in the name of Marathwada University. There was sort of unrest and tension in the said locality. At that time, driver of the bus apprehend tha...
Arbaaz Khan Production Private Limited Vs. Northstar Entertainment Pri ...
Court: Mumbai
Decided on: Apr-05-2016
Oral Judgment:- 1. This is an application moved on the eve of the public theatrical release on 8th April 2016 of a widely publicized Telugu film entitled Sardar Gabbar Singh . This is a film that stars Defendant No. 4, Mr. Pawan Kalyan, an actor of some considerable renowned in the Telugu film industry (apparently known as Tollywood ). 2. The action before me is not the usual case of copyright infringement. Even at the ad-interim stage, it raises unusual questions. What precisely is a remake of a film? When that remake is authorised, does it carry with it any intellectual property rights or privileges independent of those in the original film from which it was remade? Does the law in India recognize copyright in a fictional character simpliciter? Where an original film has a unique character, and is allowed to be remade under an assignment, is the resultant fictional persona in the remake, even if that character has quite distinct characteristics, wholly bereft of all independent copyr...
Subhash Jina Kamble Vs. Dena Bank
Court: Mumbai
Decided on: Apr-05-2016
Oral Judgment: (Anoop V.Mohta, J.) 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The Petitioner invoked the jurisdiction of Article 226 of the Constitution of India by filing the present Writ Petition on 3 December 2015 thereby praying to stay the departmental inquiry initiated by the Respondent, pending the criminal case before the Addl.Chief Metropolitan Magistrate Court, Kurla Court vide CC-629/PW/12 and before the Addl.Chief Metropolitan Magistrate Court, Dadar- also on the foundation that the Petitioner is about to retire on 31 May 2016. 3. The Petitioner's case can be crystallized as per the synopsis as under: The Petitioner was working as a cashier at Govandi branch of the Respondent-Bank. On 4 January 2013, it was inter alia reported that the Petitioner collected cash from single lock and double lock from the safe and brought to cash cabin bit did not make entries in Double Lock Register mentioning how many bundles or cash was withdrawn from Double Lock...
Gajanan Govind Dhumatker Vs. State of Goa and Another
Court: Mumbai Goa
Decided on: Apr-05-2016
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. J.P. Mulgaonkar, learned Counsel appearing for the petitioner and Mr. V. Rodrigues, learned Government Advocate appearing for the respondents. 2. Rule. Learned Government Advocate appearing for the respondents waives service. Heard forthwith, with the consent of the learned Counsel. 3. Upon hearing the learned Counsel appearing for the respective parties, it appears that the main grievance of the petitioner is that the impugned Order dated 22/08/2014, which is at Annexure A, was passed by the respondent No.1 without following the principles of natural justice, particularly Rule 13 of the Notaries Rules, 1956. 4. Mr. J.P. Mulgaonkar, learned Counsel appearing for the petitioner points out that without issuing a show cause notice nor giving a personal hearing to the petitioner in terms of the Rules, the Respondent No.1 arbitrarily passed the impugned order. The learned Counsel further points out that no inquiry was conducted by the respondent N...
Varsha Santosh Birajdar and Others Vs. Sujata Ashok Pokharkar and Anot ...
Court: Mumbai Aurangabad
Decided on: Apr-05-2016
1. Aggrieved by the judgment and award passed in Workmen's Compensation Application No.37/2010 on 4th April, 2013, by the learned Commissioner for Employees Compensation, and Civil Judge, Senior Division, Osmanabad, (hereinafter referred to as Commissioner ) the original claimants have preferred the present appeal. 2. The appellants had filed the aforesaid Workmen's Compensation Application seeking compensation amounting to Rs.7,00,000/- ( Rs. seven lacs) on account of accidental death of their son. It was the contention of the appellants in the said application that their deceased son, namely, Santosh Birajdar was working as a Driver on Truck No.MH-18-A-7041 owned by present respondent no.1. On 23.11.2009, while their deceased son was on duty, in the course of his employment, the alleged accident happened and in the accident so happened, their son suffered the death. It was the further contention of the appellants that the deceased was earning Rs.6,000/- per month by way of his monthl...
Pradip Vasantrao Gaurkhede and Others Vs. Divisional Commissioner and ...
Court: Mumbai Nagpur
Decided on: Apr-05-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel appearing for the parties. 2. By this petition, the petitioners have challenged the legality and correctness of the order dated 30.12.2015 passed by the respondent No.1, in his capacity as Regional Director appointed under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. (hereinafter referred to as, "the Act, 1965"). 3. The Grampanchayat of Tiwasa was declared as Nagar Panchayat on 10th April, 2015 and the elections of the Nagar Panchayat for the first time were held on 1st October, 2015. On 30th November, 2015, the elections of Chairman and Vice-Chairman were held. The petitioners and respondent No.4 are the elected members of the Nagar Panchayat, Tiwasa. While petitioner Nos.1 to 4 belong to one political party, petitioner Nos.5 and 6 belong to different political party. The respondent No.4 belongs to another political party. On...
Sanjaya Dikshit Vs. State Bank of India and Another
Court: Mumbai
Decided on: Apr-05-2016
Oral Judgment: (Anoop V. Mohta, J.) 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The Petitioner has filed this Petition thereby praying for stay of departmental proceedings initiated by Respondent-Bank pending the Criminal Case No.38 of 2011 before the Special Judge, Anti-corruption (Central), CBI, Cases, Lucknow. 3. The basis events are as under:- The Petitioner was employed with Respondent No.1 and presently occupies the post of Dy.General Manager at Guwahati. In the year 2009 the Petitioner was heading the Kanpur Main Branch in Kanpur. In July 2009, it came to notice of the Bank that an alleged fraud was carried out, known as Kite Flying Operations, in clearing, which resulted into an alleged loss of Rs.44.15 crores. The Respondent decided to proceed departmentally against several officers including the Petitioner in this connection towards imposition of major penalties. Accordingly, the Petitioner was placed under suspension on 5 August 2009. 4. On 20 Augu...
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