All Writ Petition (Civil)

Order - Status 6: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 924 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's Orders Orders -------------------------------------------------------------------------- Mr.P.K.Dhakephalkar Sr.Adv i/by. Ajay Patil for the petitioners. Mr.J.A.Shah for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. : 1.This petition is by the original defendant in Short Cause Suit No. 987 of 2006. She applied for staying of hearing of this suit until her suit being RAD Suit No. 829 of 2006 is decided by the court of Small Causes. That application is rejected by the impugned order. 2.After the matter was argued for some time, Mr.Dhakephalkar learned Senior Counsel appearing for the petitioner does not press the matter, insofar as , the relief of stay of suit is concerned. Even otherwise the suit in the Civil court and the Court of exclusive jurisdiction containing distinct reliefs, so also, the powers in law being not identical that relief has been rightly refused. However, insofar as , the issue of jurisdiction is concerned, the Trial court to frame the issue of jurisdiction in Suit No. 987 of 2006 and decide the same alongwith other issues on its own merits and in accordance with law without being influenced by the order passed on the application of stay made under Section 10 of CPC. All contentions of both sides are kept open. Petition dismissed, subject to above directions. No order as to costs. sd/- (JUDGE)

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Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T.Ed., B.Ed.Students' Association of the State of Maharashtra ….. Petitioner VERSUS The State of Maharashtra & Ors. ….. Respondents Mr.S.A.Rajeshirke for the Petitioner. Mrs.P.J.Gavhane, A.G.P. for the State. CORAM: R. D. DHANUKA AND R.I.CHAGLA, JJ. DATE : 26th JULY, 2021 (THROUGH VIDEO CONFERENCE) P.C:- The grievance of the petitioner in this petition is that there are about 180 vacant posts for teachers to be filled up in the nigh school. The Government however is appointing the teachers on temporary basis in violation of the Government Resolution dated 17th May, 2017. Learned counsel for the petitioner undertakes to serve the respondents through the Office of the Government Pleader during the course of the day. Affidavit in reply, if any, shall be filed within three weeks from 28 - WP 3258 OF 2021.doc today with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply with a copy to be served upon the respondents' advocates simultaneously. Place the matter on board on 20th August, 2021 . [R.I.CHAGLA, J.] [R. D. DHANUKA, J.]

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 WRIT PETITION NO. 3258 OF 2021 D.T.Ed, B.Ed. Students through President Shri Santosh A. Magar … Petitioners Versus The State of Maharashtra … Respondent ****** Mr. S. A. Rajeshirke for the Petitioners. Ms. Sushma S. Bhende, AGP for the State-Respondent. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ. DATE : 24th NOVEMBER, 2021. P.C. :- . The grievance of the petitioners' association is that though by Government Resolution dated 17th May, 2017, the State Government had withdrawn permission to Day School teachers to work in Night School and the validity of the said Government Resolution is upheld by the judgment of this Court in Writ Petition No. 5989 of 2017 and Writ Petition (L) No. 1541 of 2017, which judgment was upheld by the Hon'ble Supreme Court on 17th April, 2018, the State Government is still continuing to appoint teachers in the Night School on temporary basis thereby affecting the studies of large number of students. It is the case of the petitioners that teachers shall be appointed on permanent basis in the Night School. Ms. Bhende, learned AGP seeks time to take instruction and to file affidavit within four weeks from today. As and by way of last indulgence, respondents are granted four weeks' time to file affidavitin-reply with a copy to be served upon the petitioners' advocate simultaneously. Rejoinder, if any shall be filed within one week thereafter with a copy to be served upon the respondents' advocate simultaneously. In the meanwhile, in view of the serious allegations made by the petitioners that contrary to the Government Resolution dated 17th May, 2017, the Night Schools are appointing the teachers and staff on temporary basis, the Director of Education shall look into these allegations seriously and to assess the situation in the Night Schools and shall indicate in the affidavit about the correctness of the allegations made by the petitioners in this petition. If it is found that the Night Schools are appointing the teachers and staff on temporary basis and not complying with the Government Resolution issued by the State Government, an appropriate action in that regard shall be taken before the next date. The action that would be taken by the State Government, shall also indicate in the affidavit-in-reply. Place the matter on board for admission on 5th January, 2022. If there are any other connected matters, parties are at liberty to furnish the list of such matters to the Sheristedar of this Court to include those matters also on board on the next date. If the said list is furnished within one week from today, those matters also shall be placed on board on the assigned date. [ABHAY AHUJA, J.] [R. D. DHANUKA, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T. Ed., B.Ed. Students' Association of the State of Maharashtra …..Petitioner Vs. The State of Maharashtra & Ors. …..Respondents. Mr. S.A. Rajeshirke for the Petitioner. Mrs. S.S. Bhende, AGP for the Respondent-State. CORAM : NITIN JAMDAR AND AMIT B. BORKAR, JJ. DATE : 5 JANUARY 2022. (THROUGH- VIDEO CONFERENCING) P.C.:- The learned counsel for the Petitioner states that, the Petitioner is seeking implementation of the Government Resolution dated 17 May 2017 more particularly clauses 4(1) and 4(2) thereof. He states that, certain teachers are working as full time and day time teachers, as well as, in the night schools thereby, reducing the chances of unemployed teachers to be appointed. He states that, subsequently permanent appointment of these teachers in the night schools has been cancelled but they are continuing on a temporary basis. The prayer is sought that, these teachers who are working in the night schools on temporary basis, should be removed and the teachers on permanent basis should be appointed (not on double post). As an interim relief, it is also sought that their salary be stopped. The first relief sought for is directly affected these persons. 2 The learned counsel for the Petitioner states that, as per his knowledge, there are around 180 such teachers/persons and will join them either through their organization and/or 10 to 12 of such teachers as a representatives in this Petition. Leave granted to the Petitioner to amend the Petition to join party Respondents as above. Amendment to be carried out within a period of one week from today. After the amendment is carried out, the Petitioner will give notice to the newly added Respondents and file affidavit of service. 3 As regards the oral argument made on malafides based on interference of a political person, we do not find any pleadings in the Petition nor such person is made party Respondent, therefore this argument cannot be considered. 4 Stand over to 27 January 2022. 5 In the meanwhile, the State will file its response as to why it is not implementing its own Government Resolution dated 17 May 2017, which has been upheld upto the Hon'ble Supreme Court. The Affidavit shall be filed by the Secretary School Education Department, State of Maharashtra either by himself or vetted by him. (AMIT B. BORKAR, J.) (NITIN JAMDAR, J.)

Order - Status 13: Arun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 DT Ed, B Ed Students through President Santosh A Magar …Petitioner Versus The State of Maharashtra through Secretary, School Education and Sports Department …Respondent Mr SA Rajeshirke *, for the Petitioner.* Mr SB Kalel, AGP *, for the Respondent-State.* CORAM G.S. Patel & Neela Gokhale, JJ. DATED: 27th March 2023 PC:- 1. We are not inclined to interfere at the instance of this Petitioner. It claims to be an association of DT.Ed and B.Ed students. ARUN RAMCHNDRA SANKPAL Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2023.03.28 09:44:42 +0530 2. Prayer clause (c) of this Petition seeks inter alia a direction to the State Government to withhold the government salary grants in respect of teachers on a temporary basis and to direct "the management" to make payments of such salaries. 3. No management is joined. None of the teachers who would undoubtedly be affected by such an order are joined. 4. It is impossible to entertain such a Petition where persons who are directly affected are not even joined or given notice. Whatever may be the case regarding day schools or night schools, it is not possible to grant or consider relief in the absence of the joinder of persons directly affected. Given the ambit of the relief sought, it is not even possible to join individual persons. 5. The Petition is rejected. There will be no order as to costs. It is, however, open to an individual affected to file a petition in her or his own name, and the rejection of this Petition will not be read adversely to such a petitioner. (Neela Gokhale, J) (G. S. Patel, J)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2745 OF 2019 Radha Venkatesh Shetty … Petitioner Versus The State of Maharashtra and anr. … Respondents Mr. Satyavrat Joshi i/by Mr. Sunil Kamble for the petitioner. Smt. A.S. Pai, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ. DATE : JANUARY 30, 2020 P.C. : Issue notice to respondent returnable on 10/03/2020. Learned APP waives notice for respondent no.1. RPAD/humdast for respondent no. 2. In the meanwhile, petitioner to remove all office objections. If office objections are not removed, petition stall stand dismissed automatically without reference to the court. (NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 2745 OF 2019 Radha Venkatesh Shetty ....PETITIONER V/S The State Of Maharashtra And Anr. ....RESPONDENT MR. SATYAVRAT JOSHI i/by MR. SUNIL SHIVAJI KAMBLE for Petitioner. MR. A. S. Pai, PP for Respondent/State. CORAM : HON'BLE SHRI JUSTICE S.S. SHINDE & HON'BLE SHRI JUSTICE N. J. JAMADAR, JJ DATE : 12th August, 2021 P.C. : Wrongly on board. Remove from the Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2668 OF 2021 IN WRIT PETITION NO. 2745 OF 2019 with INTERIM APPLICATION NO. 2669 OF 2021 IN WRIT PETITION NO. 2745 OF 2019 with WRIT PETITION NO. 2745 OF 2019 Radha Venkatesh Shetty....Applicant/Petitioner.Versus...Applicant/Petitioner.The State of Maharashtra & Another....Respondents. Mr. Somay Pawar i/b Sunil S. Kamble for the Applicant/Petitioner. Mr. K. V. Saste, APP for the Respondent-State. CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ. Date : January 7, 2022. [Video Conferencing Mode] P. C. : Learned counsel appearing on behalf of the Applicant/ Petitioner submitted that due to certain bonafide reasons, he was unable to remove office objections within the stipulated period and as the office objections were not removed, the petition stood dismissed. Learned counsel appearing on behalf of the Applicant submitted that he is desirous of removing all office objections during the course of day. He further submitted that as such the delay occurred in preferring the application for restoration is also for bonafide reasons and the same was not intentional. In view of the submissions of learned counsel appearing on behalf of the Applicant, both the applications are allowed. Delay is condoned. Writ petition is restored to the file. Petition is taken up for hearing. Learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has approached this Court seeking quashment of subject FIR; the petition is filed on 20th May 2019 and post filing of petition, the matter proceeded further in the trial Court; and in the ultimate decision of trial Court by the judgment and order, the Petitioner has been acquitted. Learned counsel appearing on behalf of the Petitioner submitted that as such the grievance of Petitioner, as raised in the present writ petition, no more survives. In view of the above fact-situation, petition is disposed of. [Anil S. Kilor, J.] [Prasanna B. Varale, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 704 OF 2019 Mr. Dhulappa Jagannath Shelke And Ors ....Petitioner V/S The Prin. Secretary, The Gen. Administration ....Respondent Dept. And Ors Dr Sudhakar Avhad i/by Mr Chetan R Nagare, Advocate For Petitioner Mr Y S Khochare, AGP for Respondents-State. CORAM : B.R. GAVAI & N. J. JAMADAR, JJ DATE : 21st January, 2019 P.C. : Stand over to 24/01/2019. Writ Petition No. 92/2019 to be heard along with this Writ Petition. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 704 OF 2019 Dhulappa Jagannath Shelke & ors. Petitioners Versus The Principal Secretary, The Gen. Adminsitration Department & ors. Respondents Mr. Chetan Nagare, I/b Dr. Sudhakar Avhad, for the Petitioner. Mr. Y. S. Khochare, AGP for the State/Respondent. CORAM: B. R. GAVAI & N. J. JAMADAR, JJ DATED: 25th January, 2019 PC: 1. The Petitioner has directly approached this Court bypassing the alternate remedy available to him of filing an Original Application before the learned Maharashtra Administrative Tribunal. 2. The petition is, therefore, rejected with liberty to file an application before the appropriate forum. [N. J. JAMADAR, J.] [B. R. GAVAI, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO. 1636 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1637 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1638 OF 2011 Mrs.Anita Arora w/o Ashokkumar Arora. ... Petitioner. V/s. State of Maharashtra and another. ... Respondents. Kishor Bhatia for the petitioner. Ms.A.T.Jhaveri, APP for the State. CORAM: B.R.GAVAI, J. DATED : 28th July 2011. P.C. : By these petitions, the petitioner is challenging the order passed by the learned revisional Court thereby condoning the delay in filing the complaint. The discretion has been exercised by the learned revision Court in the interest of justice. As such, no case is made out for interference with the impugned order. All the petitions are, therefore, rejected. (B.R.GAVAI, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.2238 OF 2014 Omprakash Bajrangi Tiwari ...Petitioner Vs. The State of Maharashtra and Anr. ...Respondents ********** Mr.M.S. Prasad for Petitioner Mrs. P.H. Kantharia -APP for the State ********** CORAM : V. M. KANADE , & P.D. KODE, JJ. DATE : JULY 23, 2014 P.C. : Heard the learned counsel appearing on behalf of the Petitioner and the learned APP for the State. This petition is filed for quashing of FIR registered by Respondent No.2 for the offence punishable under sections 376 and 420 of the Indian Penal Code, which has been registered with the Kurla Police Station vide C.R. No. 23 of 2014. It is submitted that both the Petitioner and Respondent No.2 were adults when the complaint was filed and in the complaint it is alleged that since the Petitioner had given false assurance and promise of marriage, Respondent No.2 had given her consent to have sexual intercourse with him. It is submitted that now the Petitioner and Respondent No.2 have married. Our attention is invited to the marriage certificate which is annexed to the petition. It is submitted that, therefore, now the provisions of section 420 and 376 are not attracted. Secondly, it is submitted that Respondent No.2 has filed an affidavit and has stated that the said vat (WP 2238 of 2014) complaint was filed by her on account of misunderstanding that the Petitioner was not willing to marry her. In the affidavit, she has also stated that this was the mistaken belief since the Petitioner has now married with Respondent No.2 and, therefore, the allegation made by her was on account of misunderstanding. Taking into consideration the aforesaid facts, we are of the view that the offences punishable under section 420 and 376 are not attracted to the facts of the present case. The ratio of the judgment of the Apex Court in the case of Narinder Singh & others v. State of Punjab and another [2014 AIR SCW 2065] would squarely apply to the facts of the present case. We have interviewed Respondent No.2. She has stated that they are living happy married life and they are staying separately in a rental premises. We are of the view that the quashing of the FIR and charge-sheet is in the interest of both the Complainant as well as her husband. Hence, the writ petition is allowed in terms of prayer clause (a). The FIR which is registered by the Kurla Police Station vide C.R. No.23 of 2014 for the offence punishable under section 376 and 420 of the Indian Penal Code, which has resulted in filing of the charge-sheet / Sessions Case pending in the Sessions Court, Mumbai are quashed. Writ Petition is disposed of in the aforesaid terms. [P.D. KODE,J.] [ V. M. KANADE, J.] Vaishali Tikam