Mumbai Court December 2001 Judgments
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Daka Company (Ceramics and Chemplast Pvt. Ltd.) and anr. Vs. Municipal ...
Court: Mumbai
Decided on: Dec-03-2001
Reported in: 2002(1)ALLMR1011; 2002(2)BomCR41
R.M. Lodha, J.1. The petitioners in this writ petition pray that the Government memorandum dated 14-2-1976 (Exh. F) and Government Resolution dated 9-1-1987 (Exh. G) and the Notices dated 26-9-1990 (Exhs. H-1, H-2, H-3, H-4 and H-5) be declared illegal and void and, accordingly, be set aside and quashed. 2. The petitioner No. 1 is the company registered under the Companies Act and petitioner No. 2 is Director of the said company. They claim to be lessees of respondent No. 1 viz. Municipal Corporation of City of Thane (for short 'the Corporation') in respect of Khartan plot Nos. 1 and 2, Survey No. 114 situate at Thane. It is the petitioner's case that in or about 1943 the petitioners predecessor in title constructed five structures on the said plot of land with the permission of Thane Municipal Corporation, out of which four structures were meant to be used for factory, while fifth structure was to be used for as the residence of the Manager of the factory. The petitioners claim to hav...
Bhaiyyaji Sitaram Kannamwar Vs. Assistant Registrar and ors.
Court: Mumbai
Decided on: Dec-03-2001
Reported in: 2002(2)ALLMR762; 2002(3)BomCR631
V.M. Kanade, J.1. Heard the parties. Rule returnable forthwith with the consent of the parties.2. The brief facts of the case are that the petitioner is a member of Vividh Sahakari Sewa Sahakari Sanstha Limited, Pipartola, Taluka Amgaon, District- Gondia. The society passed a resolution requesting the Assistant Registrar, Co-operative Society, Amgaon to hold the election and accordingly, the respondent No. 1 Assistant Registrar directed the society to appoint a Returning Officer. Accordingly, the respondent No. 2 was appointed as a Returning Officer. The petitioner and respondent Nos. 3 to 5 were also the members of the said society, filed their nomination forms. However, the nomination forms of the respondent Nos. 3 to 5 were rejected by the Returning Officer since they were defaulters. However, in the appeal filed by the respondent Nos. 3 to 5, the respondent No. 1 passed an order on 19-11-2001 and allowed the appeals and directed the Election Officer to include the names of the resp...
Rekhabai W/O. Ramdas Kalode Vs. State Election Commission and ors.
Court: Mumbai
Decided on: Dec-03-2001
Reported in: 2002(2)ALLMR742; 2002(3)BomCR682
V.M. Kanade, J.1. Heard the parties. Rule returnable forthwith with the consent of the parties.2. By this petition the petitioner is challenging the order passed by the Returning Officer rejecting the nomination form filed by the petitioner, which has been confirmed by the Additional District Judge, who is the Appellate Authority under Rule 15.3. The brief facts of the case are that the said Election Commission declared the election programme in respect of the elections of Municipal Councils and accordingly date of nomination for the post of President of Municipal Council, Sindi (Railway) was fixed on 12-11-2001. The post of President of Municipal Council, Sindi (Railway) is reserved for woman (open) and as such the petitioner was entitled to contest the election to the post of President, even as per the said reservation. Accordingly, the petitioner filed three sets of nomination form for the post of President. The date for scrutiny of the nomination forms was fixed on 13-11-2001. On t...
Dilip S/O Devidas Ajmire and anr. Vs. Returning Officer and ors.
Court: Mumbai
Decided on: Dec-03-2001
Reported in: 2002(2)ALLMR758; 2002(3)BomCR678
V.M. Kanade, J.1. Heard the parties. Rule returnable forthwith with the consent of the parties.2. The petitioner in this petition is challenging the order passed by the Additional District Judge, Wardha in Appeal No. 5/2001 dated 23-11-2001, by which the Additional District Judge, Wardha confirmed the order passed by the Returning Officer, rejecting the nomination paper of the petitioner.3. The said Election Commission declared the election procedure for election of President of the Municipal Council, Arvi.Brief facts are as follows:4. The Returning Officer rejected the nomination paper of the petitioner and held that the petitioner was disqualified from contesting the election. In view of section 16(1)(h)(a) of the Audit Act. He further held that the Commissioner while exercising power under section 11 of the Audit Act, had passed an order fixing a surcharge upon the petitioner and that the said amount was not paid and, therefore, he was a defaulter and, therefore, he was disqualified...
Chandbi W/O Mustaq Shaikh Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-03-2001
Reported in: 2002(81)ECC265
D.G. Deshpande, J.1. Heard Mr. Naik for the accused/appellant and Mr. Singhal, learned APP, for the State/respondent.2. The accused before this Court was accused No.1 in the trial under the N.D.P.S. Act. Her mother Khatijabai was also charge-sheeted along with her, but Khatijabai was acquitted. The present appellant/accused is con victed by the 3rd Additional Sessions Judge, Nashik under Section 22 of the N.D.P.S. Act and is sentenced to undergo R.I. for ten years with fine and in default R.I. for one year.3. The case against the accused was that the police inspector of Bhadrakali Police Station Mr. R.B. Korade received an information on 31.10.1987 that Mustaq Sheikh along with his wife and her mother are dealing in sale of brown sugar. A station diary note of this information was taken. Panchas were called including one lady panch. One punter was called and then a trap was laid. A note of Rs. 50 given to punter Manoj Pardeshi and he was asked to go to the house of accused and purchase...
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