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Mumbai Court November 2001 Judgments

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Nov 01 2001

Ram Nandan Prasad Sinha Vs. K.M. Consultants

Court: Mumbai

Decided on: Nov-01-2001

Reported in: AIR2002Bom90; 2002(2)BomCR585; (2002)1BOMLR153; 2002(1)MhLj600

A.P. Shah, J. 1. The appellant was a member of the Bombay Stock Exchange and had appointed the respondent-firm as one of his sub-brokers. The respondent filed a complaint with the Investors Service Cell of the Stock Exchange, Mumbai, against the appellant claiming certain amounts. However, thereafter the respondent withdrew its complaint and referred the dispute to arbitration under the bye-laws of the Stock Exchange without intervention of the Court. The respondent appointed Mr. Justice D. B. Deshpande (Retd.) as arbitrator whereas the appellant appointed Mr. Dinesh J. Shah, member of the Stock Exchange. An award was made on 17-5-1999 by the arbitrators. Under the award, the arbitrators have awarded an amount of Rs. 2,11,446.73 with interest to the respondent. The principal ground on which the award was challenged before the learned single Judge was that the respondent was not a registered firm and, in any event, was not registered under the Indian Partnership Act at the material time...


Nov 01 2001

Dadu @ Tulsidas Manpher Patel Vs. State of Maharashtra and ors.

Court: Mumbai

Decided on: Nov-01-2001

Reported in: 2001(5)BomCR264; 2002CriLJ3850; 2002(1)MhLj902

R.K. Bhatt, J. 1. The petitioner seeks directions for treating the period spent on parole as part of sentence undergone by him. The petitioner's case is that he was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act vide judgment dated 25-1-1993 andhas been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 1,00,000/- in default, imprisonment for six months. The petitioner had challenged his conviction before this Court, but the appeal was dismissed. The petitioner had been arrested in connection with the said offence on 29-5-1991 and that he is in jail to date. The petitioner had preferred Writ Petition (Criminal) No. 169 of 1999 before the Apex Court challenging the constitutional validity of Section 32A of the said Act. The Apex Court held that Section 32A of the said Act insofar as it completely debars the jurisdiction of the Court to suspend the sentence awarded to the convict under the Act, is unconstitutional. The Apex Court di...


Nov 01 2001

Group CaptaIn D.M. Oka (Retd.) and anr. Vs. Municipal Corporation of C ...

Court: Mumbai

Decided on: Nov-01-2001

Reported in: 2002(1)ALLMR500; 2002(2)BomCR578

R.M. Lodha, J.1. Heard Dr. Avinash Shivade, learned Counsel for petitioners and Mr. R.G. Ketkar, learned Counsel for respondent Nos. 1 to 4. 2. This writ petition filed by the petitioners is in the nature of public interest litigation. The petitioners had to approach this Court as they found that the first respondent who is local authority so far as City of Pune is concerned has failed to discharge its duties statutorily, provided under Bombay Provincial Municipal Corporation Act, 1949. The grievance of the petitioners in particular is with regard to the inaction on the part of the first respondent and its officers regarding maintenance of cleanliness and hygienic conditions in the public streets and places in the city of Pune. According to petitioners, the first respondent has failed to make adequate arrangements in respect of watering, scavenging and cleaning of public streets and places in the city of Pune, and they have also not provided sufficient number of receptacles at convenie...


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