Mumbai Court March 2000 Judgments
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Shri Chandrakant Maganlal Shah Vs. the Official Liquidator Appointed a ...
Court: Mumbai
Decided on: Mar-01-2000
Reported in: 2000(3)ALLMR58; 2000(3)BomCR479; (2000)2BOMLR226; 2000(3)MhLj423
ORDERS.S. Nijjar, J.1. This order will dispose of Company Application No. 517 of 1999, the Official Liquidator's Report dated 18th March, 1999 and the resubmitted report dated 7th July, 1999.This application has been filed with a prayer that the Official Liquidator be ordered and directed to hand over vacant and peaceful possession of the premises viz. Non-agricultural land admeasuring 8343.64 sq. mtrs. (bearing S.No. 472, Hissa 5/6) together with old factory shed admeasuring 5883 sq. mtrs. (bearing Gram Panchayat No. 379 and 379-B) situated, lying and being at Village Navghar of Bhayander. Tal. and Dist. Thane, to the applicant. The application has been filed by an 88 year old man who unfortunately leased the land and the factory shed to the company. He has spent the last 19 years trying to get possession of his property by following the due process of law. Till today he has not been put in possession. In fact, as the situation stands today, it appears that he will probably not get po...
All India Blue Star Employees Federation and Another Vs. M/S. Blue Sta ...
Court: Mumbai
Decided on: Mar-01-2000
Reported in: 2000(4)BomCR589
ORDERB. N. Srikrishna, J.1. Appeals admitted.2. Respondents waive service through respective Counsel. By consent, allthree appeals are taken up for final hearing.3. These three appeals under section 391(7) of the Companies Act, 1956 (hereinafter referred to as 'the Act') are interconnected and arise out of three petitions under section 394 of the Act and hence they can be conveniently disposed of by a common judgment.4. Appeal No. 2 of 2000 is directed against the Order of the learned Single Judge in Company Petition No. 1007 of 1998 dated 7th December, 1999 which is the principal judgment in which the learned Single Judge has given elaborate reasons for allowing the Company Petition No. 1007 of 1998. By two other orders of the same date, made in Company Petition Nos. 1008 and 1009 of 1998, the learned Single Judge, following his reasoning in the first order, allowed the petitions by short orders. Basically, what is under challenge in these three appeals is the reasoning of the learned...
M/S. Credential Finance Ltd. and Others Vs. State of Maharashtra and A ...
Court: Mumbai
Decided on: Mar-01-2000
Reported in: 2000(5)BomCR527; 2000BomCR(Cri)527; 2000(3)MhLj544
ORDERT.K. Chandrashekhara Das, J.1. These two writ petitions arise out of two separate complaints filed by the 2nd respondents before Additional Chief Metropolitan Magistrate, 18th Court, Girgaum, Bombay under section 138 of the Negotiable Instruments Act (hereinafter referred to as the said Act). The Writ Petition No. 1541 of 1999 arises out of Criminal Revision Application No. 671 of 1998 and Complaint C.C. No. 1024/S/97 which arose out of the cheque drawn by the petitioner on 11-11-96 for the amount of Rs. 1,50,00,000/- on the Federal Bank, Fort Bombay and the other Writ Petition No. 1542 of 1999 arises out of Case No. 1708 of 1997 arises out of the cheque drawn by the petitioner on Federal Bank Limited, Fort, Bombay on 3-3-1997 for the amount of Rs. 1,50,00,000/-. Since the common question arises in two petitions between the same parties, I heard these two petitions together and disposed of the same by this common judgement.2. It is alleged by the respondent Bank namely Indusind Ba...
Shri Anandamoy Bhattacharjee Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Mar-01-2000
Reported in: AIR2000Bom259
ORDER1. By this petition under Article 226 of the Constitution of India, the petitioner is seeking a mandamus to direct the respondents to sanction and release to the petitioner the revised DCRG as per the Government Resolution No. L-11016/2/95-Jus of Ministry of Law and Justice, New Delhi dated 10-11-1995.2. The petitioner who was the Chief Justice of the Bombay High Court resigned from the office with effect from 1-4-1995. On 16-5-1995 office of the Accountant General of Maharashtra sanctioned pension amounting to Rs. 54,000/- and retirement gratuity of Rs. 1 lac to the petitioner. The Government of India on 10-11-1995 issued aforesaid Resolution dated 10-11-1995 whereby the revised DCRG was made admissible to the Government servants who retired on or after 1-4-1995. The short grievance of the petitioner is that though he is entitled to get revised DCRG since he resigned from service with effect from 1-4-1995, office of the Accountant General, Maharashtra State has arbitrarily declin...
Nandkishor S/O Madanlal Choube and ors. Vs. State of Maharashtra and o ...
Court: Mumbai
Decided on: Mar-01-2000
Reported in: (2000)102BOMLR603
S.P. Kulkarni, J.1. Heard the learned Advocate appearing for the applicants. It appears that in Criminal Revision Application No. 44 of 1995, the Single Bench of this Court has taken a view on 20th July, 1999 (since reported in 2000(2) Mh.L.J. 748) that a grievance and the complaint involving an offence under the Atrocities Act when comes across by a Magistrate in a private complaint, such Magistrate is to return the complaint for being present to the Special Court constituted for the purpose of trying such offences. The settled distinction between the Magistrate issuing the process and like other committal proceedings committing the case to the Special Court, does not in the light of the said view, seem to be available. But, the learned Magistrate is to return the complaint with a direction to the complainant that if so desired by the complainant, the complainant should present it to the Special Court constituted for trying such offences. I do not think that any different view is nece...
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