Mumbai Nagpur Court December 2011 Judgments
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M/S.Top Ten, a Partnership Firm and anr. Vs. State of Maharashtra and ...
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1. In both these petitions, filed under Articles 226 and 227 of the Constitution of India, challenge is to the provisions of Rule 86E of the Maharashtra Cooperative Societies Rules, 1961 (hereinafter referred to as "the 1961 Rules" for short), with prayer to declare it as ultra vires to Article 14 of the Constitution of India. Petitioners in both the matters are creditors, and the Cooperative Society from whom they have borrowed loan, have instituted proceedings under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "the 1960 Act" for short). One of their objection is, about availability of alternative remedy under Section 154 of the 1960 Act. Petitioners have urged that as constitutional validity of Rule 86E has been assailed, that remedy is not equally efficacious. The creditors assert that challenge is frivolous and only to avoid deposit of 50% of the amount claimed as mandated under Section 154(2). Accordingly we have proceeded further to c...
Dilip S/O Rambhau Ingle Vs. Nishant Sahakari GramIn Pat
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1] This Revision Application was earlier dismissed in default on 7.6.2010. Thereafter, it was restored by order dated 5 th July, 2010 and posted for final hearing. Learned counsel for the applicant Shri S. V. Bhutada was heard on 22nd March, 2011 and on 5.12.2011. Today I have heard Shri A. B. Patil, learned counsel for the respondent.2] Criminal Revision No.280/2007 2] By this revision application, the applicant has challenged the question of legality, propriety and correctness of the impugned judgment and order dated 29th August 2007 delivered by learned Adhoc Additional Sessions Judge-II, Akola in Criminal Appeal No. 2/2006 arising from the judgment and order dated 17 th December 2005 delivered by Joint Judicial Magistrate, Akola in Summary Criminal Case No.17559/1996. 3] Perused the record and proceedings. 4] The facts, which appear from the record, are as under:- The complainant is the Co-operative Society doing banking business in the district of Akola. The applicant (accused) ha...
M/S. Spacewood Furnishers Pvt. Ltd. and ors. Vs. the Director General ...
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1. By this petition filed under Article 226 of Constitution of India, petitioner No. 1 - A Company under Companies Act, 1956, and petitioner Nos. 2 & 3, who are its Directors, have prayed for quashing of the warrant of authorization for conducting search, issued under Section 132 of Income-Tax Act, 1961, (hereinafter referred to as the Act) and consequential action thereafter in issuing notices under Section 153-A of the Act, thereafter for the assessment years 2004-05 to 2009-10. The search operations have been carried out from 19th June 2009 to 21st July 2009. The matter was directed to be listed for final hearing by orders of this Court dated 22nd July 2011, in the week commencing from 22nd August 2011. The short contention is about absence of any material, warranting such search action. 2. Accordingly, we have heard Shri Thakkar with Shri Bhattad, learned counsel for the petitioners and Shri Parchure, learned counsel for the respondents. 3. Shri Thakkar, learned counsel has urged t...
NavIn S/O Vasantraj Modh Vs. State of Maharashtra and ors.
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1] By this application under Section 482 of the Code of Criminal Procedure, the applicant has prayed for to quash and set aside the impugned order of dismissal passed by the learned Sessions Judge (in charge) Nagpur on 16.8.2007, whereby the Criminal Revision Application which arose out of common order dated 15.2.2007 passed by the learned Judicial Magistrate First Class, Court No.4, Nagpur, below Misc. Cri. Appln. Nos. 1573/2006, 1818/2006 and 2000/2006 (which were applications by different claimants to the seized property in Crime No.213/2006, reported at Tahsil Police Station, Nagpur) came to be dismissed. 2] It appears that Vishalbhai Narendrabhai Parekh running a business in the name and style as "R. V. Jewellers" and "Parekh R. Vitthaldas" had preferred Misc. Criminal Application No. 1573/2006 to claim seized gold reported to the learned Magistrate by the Police from Tahsil Police Station. Another claimant Sachin Prabhakarrao Sutone had filed Misc. Criminal Application no.1818/20...
M/S. Top Ten, a Partnership Firm and ors. Vs. State of Maharashtra and ...
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1. In both these petitions, filed under Articles 226 and 227 of the Constitution of India, challenge is to the provisions of Rule 86E of the Maharashtra Cooperative Societies Rules, 1961 (hereinafter referred to as "the 1961 Rules" for short), with prayer to declare it as ultra vires to Article 14 of the Constitution of India. Petitioners in both the matters are creditors, and the Cooperative Society from whom they have borrowed loan, have instituted proceedings under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "the 1960 Act" for short). One of their objection is, about availability of alternative remedy under Section 154 of the 1960 Act. Petitioners have urged that as constitutional validity of Rule 86E has been assailed, that remedy is not equally efficacious. The creditors assert that challenge is frivolous and only to avoid deposit of 50% of the amount claimed as mandated under Section 154(2). Accordingly we have proceeded further to c...
Mahindra and Mahindra Financial Services Ltd. Vs. NitIn S/O Vishnupant ...
Court: Mumbai Nagpur
Decided on: Dec-09-2011
1] By this application under Section 482 of the Code of Criminal Procedure, the applicant (original complainant) has prayed for, to quash and set aside the order passed below Exhibit 66 on 2 Cr. Appln. No.398/2010 21.12.2009 in Summary Criminal Case No.3950/2008 by the learned 23rd Judicial Magistrate First Class and Special Court, Nagpur, under Section 138 of the Negotiable Instruments Act, whereby the learned Trial Magistrate was pleased to direct return of the complaint for to be presented before the Court having jurisdiction. The complainant aggrieved by the said order, preferred this Criminal Application with prayer for to invoke inherent powers, in view of Section 482 of the Code of Criminal Procedure. 2] The facts, which appear, briefly are as under:- The applicant is a non-banking finance company incorporated and registered as a company under the Companies Act, 1956 doing business of leasing and hire purchase having its corporate office at Sadhna House behind Mahindra Towers wi...
Rajan Son of Manoharlal DhaddhA. Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Dec-01-2011
Oral Judgment 1. By this application, petitioner prays for to quash FIR registered by respondent PSO, Police Station, Khamgaon in Crime No. 254/07 for the offences punishable under Sections 406, 409 and 109 of the Indian Penal Code read with Sections 3 and 7 of the Essential Commodities Act. 2. Heard learned counsel for the parties. Perused the application and reply filed by respondent-State. 3. Applicant claims that he is a renowned and reputed Government contractor and transporter carrying on his business in the name of Shri Ganesh Carriers. He also claims that he is a registered Government contractor for transporting food-grains to all 14 tahsils of Nagpur district and has reputation in the Department as to his integrity and honesty with unblemished character. He was awarded contract since 1996 by the Government for transportation of food-grains. He also enjoys good social status. He is President of Mahavir Jain Yuvak Mandal, Nagpur; office bearer of several social organizations of ...
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