Mumbai Court June 2002 Judgments
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Sardar Dastur Schools Trust and ors. Vs. Adil Jamshed, Frenchman Since ...
Court: Mumbai
Decided on: Jun-13-2002
Reported in: 2002(4)ALLMR338; 2003(1)MhLj226
R.M.S. Khandeparkar, J. 1. Heard learned Advocates for the parties. Perused the records.2. The petitioners are challenging the order dated 5-1-2000, passed by the III Additional District Judge, Pune, in Civil Appeal No. 306 of 1999, allowing the application dated 20-11-1999 filed by the respondents under Order 41, Rule 27 of the Code of Civil Procedure, 1908 (for short, 'C.P.C'), in the said Appeal.3. Few facts relevant for the decision are that, the petitioners filed Civil Suit No. 705 of 1998 in the Court of Small Causes, Pune, for possession of the premises in occupation of the respondents on the ground that the petitioner-Trust requires the suit premises for expansion of the school building. The claim of the petitioners was contested by the respondents. After considering the evidence on record, the trial Court decreed the suit on 29-1-1999, and aggrieved by the same the respondents preferred Civil Appeal No. 306 of 1999. During the pendency of the Appeal, the respondents filed the ...
Bank Karmachari Sangh Vs. Assistant Registrar Under Bombay Industrial ...
Court: Mumbai
Decided on: Jun-13-2002
Reported in: [2002(95)FLR1014]; (2002)IIILLJ810Bom
R.J. Kochar, J. 1. The petitioner is a trade union registered under the Trade Unions Act, 1926 and also registered as a representative and approved union under the provisions of the Bombay Industrial Relations Act, 1946 for the Co-operative Banking Industry in the local area of Latur District. The respondent No. 2 union filed an application before the Registrar under. the B.I.R. Act on February 2, 1998 for cancellation of registration of the petitioner under Sections 16 and 23 and simultaneously seeking its own registration as a representative and approved union in the place of the petitioner union. The application was decided by the Assistant Registrar on June 24, 1998 cancelling the registration of the petitioner union and granting the application of the respondent union for its getting registered in the place of the petitioner union as a representative and approved union for the banking industry for all the local area of Latur district. The petitioner was aggrieved by the said order...
Municipal Corporation of the City of Nashik Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Jun-13-2002
Reported in: 2002(5)BomCR457
V.G. Palshikar, J.1. By this petition, the Municipal Corporation of Nashik has challenged the order passed by the Government of Maharashtra purportedly under section 47 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Act).2. The facts giving rise to the petition stated briefly are that a development plan was prepared by the Municipal Council of Nashik under the provisions of Bombay Town Planning Act 1954. On 1-6-1959 this development plan was sanctioned by the Government and in this development plan city Survey Nos. 133, 134, 135 and 136 were reserved for public purposes of road widening and car parking. This development plan continued to be the development plan under the above Act.3. On 24-9-1974 the Municipal Council (as it then was) passed a General Council Resolution bearing No. 116 resolving to acquire the said lands for road widening and car parking. The State Government was therefore approached to start acquisition proceedings under sectio...
Vijay Kisan Shelar Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-13-2002
Reported in: 2002(6)BomCR172
R.M.S. Khandeparkar, J.1. Heard Advocates for the parties. Also perused the record. 2. The applicant challenges the order, dated 20-1-1996, passed in Misc. Application No. 116 of 1993, by the Civil Judge, Senior Division, Pune. By the impugned order, the trial Court has dismissed the application filed or amendment of the decree which was passed in Regular Civil Suit No. 1513 of 1985 and confirmed in Appeal No. 628 of 1989. It was the contention of the applicant that pursuant to the observations in para 25 of the judgment of the trial Court in R.C. Suit No. 1513 of 1985, the applicant ought to have been granted back wages with effect from 20-7-1985 to 25-9-1985 to the tune of Rs. 1,24,540.75 ps., which has been by mistake omitted by the trial Court while passing the operative portion of the judgment and decree and, therefore, the decree needs to be amended. The trial Court as well as the lower Appellate Court after going through the records have rejected the said application by the impu...
NitIn Janardhan Raut Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jun-13-2002
Reported in: 2002(6)BomCR43
V.G. Palshikar, J.1. By this petition, the petitioner has challenged the order of his dismissal from service as violative of provisions of section 26 of the Bombay Police Act and Article 311 of the Constitution of India. 2. Briefly stated the undisputed facts are that while the petitioner was working as Police Constable in Nashik Police Commissionarate, he was deputed to guard an accused named Bakhtiyar Khan, who was undergoing treatment in Civil Hospital at Nashik. While the accused was under the guard of the petitioner and some other Constables he was escaped from the Civil Hospital, Nashik. The responsibility, according to the police department, was with the petitioner and other Constables who acted obviously negligently and therefore they were suspended and thereafter on 11-3-1993 an order was passed discharging the petitioner from the police service. The order on the face of it is one passed under Article 311, Clause (2)(b) of the Constitution. The order of discharge states that h...
Dhanraj Mills Pvt. Ltd. and anr. Vs. Global Trust Bank Ltd. and ors.
Court: Mumbai
Decided on: Jun-13-2002
Reported in: (2003)105BOMLR609
A.B. Palkar, J.1. Applicant No. 1 - Dhanraj Mills Pvt. Ltd. (D.M.L. for short) is a party notified under the provisions of Special Courts (TORTS) Act of 1992. Applicant No. 2 - Killick Financial Services Ltd. (K.F.S.L. for short) is a wholly owned subsidiary of respondent No. 3 - Killick Nixon Ltd. (K.N.L. or Killick for short). Respondent No. 1 - Global Trust Bank (G.T.B. for short) is a banking company. Respondent Nos. 3 to 15 are all judgment debtors of D.M.L. Decrees have been passed by this Court against these respondents by consent and the total amount payable under all these decrees is Rs. 50,10,65,560/-. Respondent Nos. 3 and 4 have guaranteed payment under all the decrees and defaults have been committed by respondent Nos. 3 to 15 in payment of decretal dues probably as they are all belonging to the group of K.N.L. Respondent Nos. 5 to 15 have filed various applications in this Court for reliefs specially for reduction of Interest in decrees passed against them and these appli...
Western Coalfields Limited Vs. R.M. Bhardwaj
Court: Mumbai
Decided on: Jun-13-2002
Reported in: (2002)104BOMLR790
D.Y. Chandrachud, J.1. The Impugned order of the learned 2nd Joint Civil Judge, Sr. Dn., Nagpur, has been passed on an application moved by the applicant herein, which is the original defendant to Misc. Judicial Case No. 327 of 1994. The respondent instituted the aforesaid proceedings under Section 20 of the Indian Arbitration Act, 1940 on 15.12.1994 for a direction that the Arbitration Agreement, which was, according to the respondent, entered into between the parties be filed in the Court.2. The case of the respondent is that in pursuance of the tenders invited by the applicant for carrying out the maintenance of tree plantation in certain areas at Umrer Project, the respondent was awarded the contract by award letters dated 7.10.1978 and 23.11.1987. The period for completion of the contract was two years and three years respectively. A formal agreement between the parties was signed on 17.1.1989. According to the respondent, there were several breaches committed by the applicant des...
Halimabai and ors. Vs. Rakesh Kumar Mukhasia and ors.
Court: Mumbai
Decided on: Jun-13-2002
Reported in: I(2003)ACC488; 2004ACJ374; 2003(1)ALLMR282
D.Y. Chandrachud, J.1. This first appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Nagpur, dated 21.9.1992 in Claim Petition No. 53 of 1987. The accident, out of which the claim petition before the Claims Tribunal arose, took place on 28.9.1986 at 9.30 a.m. on the Nagpur-Chindwara Road, near Mankapur within the jurisdiction of the Police Station Sadar. The deceased Abdul Jabbar who was 50 years of age, was travelling as a pillion rider on scooter bearing registration No. MHG 2295 belonging to one Abdul Habib. Abdul Habib was driving the scooter. A truck bearing registration No. CPQ 6450, belonging to respondent No. 1 came from behind, that is, from the Nagpur side. The truck was driven by one Pralhad Mishra. The truck dashed against the scooter. The scooter was dragged over a length of the road. It is alleged that the deceased got entangled with the front wheel and sustained crush injuries. There was cyclist riding a bicycle on the road, a little ahead of...
Commr. of Cus. and C. Ex. Vs. Ashima Fabrics
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-12-2002
Reported in: (2003)(154)ELT530Tri(Mum.)bai
1. The application under Section 35E of the Act and the two appeals by Ashima Fabrics are against the order of the Commissioner of Central Excise, Ahmedabad. The appeal C/735/1999 is filed under the Customs Act, 1962 and appeal E/2569/1999 is filed under the Central Excise Act, 1944 by Ashima Fabrics.2. The notice issued to Ashima Fabrics a 100% export-oriented unit, proposed to demand duty on a number of counts. In the order impugned in these appeals the Commissioner has dropped the demands on some account and confirmed them on others. The application by the Commissioner is against that portion of the order dropping the demand and the appeals by the firm are against that portion of confirming the demands and imposing penalty.3. Having heard the departmental representative and the Counsel for the firm we proceed to give a finding on each of these issues.4. A sum of Rs. 1,82,89,599/- was demanded on the ground that the unit could avail the benefit of exemption contained Notification 8/...
Ota Kandla P. Ltd. Vs. Commissioner of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-12-2002
Reported in: (2003)(159)ELT446Tri(Mum.)bai
1. This appeal is against the order of the Commissioner revoking the licence issued to the appellant to function as a Custom House Agent at Kandla under the Customs House Agent Licensing Regulations, 1984 (hereinafter Regulation).3. We are not able to accept the ground in the appeal that the order was passed by the Commissioner ex parte without giving the appellant opportunity of being heard, in that the Commissioner passed an order without granting hearing in spite of a request made in letter 21-12-99.In this letter, while the applicant denied each of the charges in detail, it did not ask for any hearing. Regulation 23 of the Regulations which prescribed the procedure for suspending or revoking the licence contained in Sub-regulation (6) provisions for the agent to submit within a period of not more than 60 days from the receipt of the enquiry officer any representation he may wish to make against it.Sub-regulation (7) provides that after considering the report and representation the...
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