Mumbai Court July 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Solapur Taluka Khadi Gramodyog Utpadak Sahakari Society Vs. Dattatraya ...
Court: Mumbai
Decided on: Jul-29-2004
Reported in: 2005(1)ALLMR556; 2004(6)BomCR644; (2005)107BOMLR675; 2005(1)MhLj24
D.G. Karnik, J.1. By this petition, the petitioner takes exception to the judgment and order dated 15th March 1991 passed by the learned VIth Additional District Judge, Solapur dismissing the Appeal No. 434 of 1989 and confirming the decree for possession passed against the petitioner by the learned 8th Joint Civil Judge, Junior Division, Solapur in Regular Civil Suit No. 71. of 1985.2. The respondent is a tenant occupying a shop premises admeasuring 12' x 15' in the property bearing City Survey No. 8737/15-A situated within the limits of Solapur Municipal Corporation. The property originally belonged to one Mr. Shah. By an indenture of sale dated 22nd August 1983, the respondent purchased western half portion of the said property and the remaining eastern half portion was purchased by the brother of the respondent. On 10th January 1985, the respondent filed a suit bearing regular Civil Suit No. 71 of 1985 against the petitioner for possession of western half portion of the shop in pos...
Carona Limited Vs. Sitaram Atmaram Ghag and ors.
Court: Mumbai
Decided on: Jul-29-2004
Reported in: 2005(1)BomCR788; [2005(105)FLR44]; (2005)ILLJ833Bom; 2005(1)MhLj513
F.I. Rebello, J.1. By an order dated 6/7th March, 2000, the petition was admitted on the following issues :-'Considering the above, the petition is admitted only on the limited issue, as to whether the workers, who had sought to recover VRS dues by filing complaints under Section 138 of the Negotiable Instruments Act, can claim that they are entitled to be paid wages.'2. At the hearing of this petition, on behalf of the petitioner, the learned counsel contends that the respondents are not workmen within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and that being the case, the complaint as filed by them was not maintainable. This very issue was raised at the time when the petitioner applied for admission and interim relief. The same has been disposed of by this Court while passing the orders on 6/7th March, 2000. The contention was dealt in paragraph (9), which reads as under :-'The third contention is that in order to maintain the complaint the person must be a work...
Pratap Damodhar Divekar and ors. Vs. Vithal Krishna Shinde and ors.
Court: Mumbai
Decided on: Jul-29-2004
Reported in: 2005(1)BomCR881; 2005(1)MhLj592
A.M. Khanwilkar, J.1. Both these Writ Petitions can be disposed of by common Judgment, as they are between the same parties in relation to same suit land, which is agricultural land bearing Survey No. 115/2 and 115/3 situated at Parewadi, Taluka Karmala, District Sholapur. The said lands were originally owned by Damodar Divekar (hereinafter referred to as 'Divekar' for the sake of convenience). Survey No. 115/2 was in occupation of Krishna Shinde, whereas, Survey No. 115/3 was in occupation of Jagannath Navle as tenants (hereinafter referred to as 'tenants' for the sake of convenience).2. What is relevant for our purpose to note is that proceedings under Section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act') were commenced in respect of the suit lands by the Agricultural Lands Tribunal, Karmala on the assumption that the tenants were in unauthorised occupation of the suit lands. Simultaneously, Divekar, the landlords preferred applicati...
Indian Register of Shipping and anr. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-29-2004
Reported in: 2005(1)ALLMR89; 2005(1)BomCR774; 2005(2)MhLj182
Rebello F.I., J.1. Petitioners by an order of grant dated 24-1-1985, were allotted Government land in village Kopari Survey No. 1 pt., admeasuring 24281 sq. mtr. The grant was subject to amongst others, the following terms and conditions: -(i) the grantee shall pay to Government the provisional occupancy price of the land of Rs. 22,74,990/-.(ii) the grantee shall pay to Government the interest at the rate of 8% per annum over and above the amount of occupancy price as determined in condition No. 1 above, from the date of taking over possession of the land till the date of payment of the occupancy price.(xi) the grant shall be subject to the conditions laid down in Rules 31 and 41 of the M.L.R. (Disposal of Government Lands), 1971 and such other conditions deemed fit by the Collector.In the agreement entered into, Clause 7 read as under:-'Provisions of the Maharashtra Land Revenue Code, 1996 applicable:The provisions of the said Code and all Rules and orders for the time being in force ...
State of Goa, Through the Dy. Collector (Dev) and Lao and anr. Vs. Smt ...
Court: Mumbai
Decided on: Jul-29-2004
Reported in: (2005)107BOMLR726
S.A. Bobde, J.1.These two first appeals can be conveniently disposed of together since they relate to adjacent pieces of land and since the basis for enhancing the compensation by the reference Court is almost the same. 2. The appeals involve the enhancement of compensation in respect of two adjacent plots being plot Nos. 21 and 27, situated on the Panaji-Miramar Road; closer to Miramar. 3. The notification under Section 4 was published on 18th February, 1982, and declared that the acquisition was necessary for parks and recreational purposes. FIRST APPEAL NO. 57 OF 19984. In this appeal, the State has questioned the enhancement of compensation made by the reference Court under Section 18 of the Land Acquisition Act, 1894. It involves acquisition of 600 sq. mtrs. of land. 5. The Land Acquisition Officer offered compensation at the rate of Rs. 250/- per sq. mtr. Dissatisfied with this rate the respondent sought a reference. After hearing the evidence and taking into account the document...
Mr. Pramod Walke S/O Mr. Balchandra Walke Vs. State and anr.
Court: Mumbai
Decided on: Jul-29-2004
Reported in: (2005)107BOMLR237
N.A. Britto, J.1. The applicant was accused in C.C. No. 362/2002/B and has been convicted under Section 10 r/w Section 6 (though specifically not mentioned) of the Madhya Pradesh Control of Music and Noises Act, Samvat 2008 ('Act' for short) and whose conviction has been upheld by the learned Sessions Judge, Panaji by his Judgment and Order dated 20.2.2004.2. The applicant has now invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 ('Code' for short).3. Since second revision is barred under the provisions of Sub-section (3) of Section 397 of the Code, Shri Lotlikar, the learned Senior Counsel for the applicant/accused placed reliance on the case of Jitender Kumar Jain v. State of Delhi and Ors. : (1998)8SCC770 in support of the proposition that this Court can invoke its jurisdiction under Section 482 of the Code, notwithstanding that Sub-section (3) of Section 397 of the Code has created a bar in maintaining a second revision petition before...
Anil Kumar Kalyanji Vasant Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-28-2004
Reported in: (2004)(173)ELT446Tri(Mum.)bai
1. Three containers were observed to be opened and contents being unloaded onto the trucks by the Patrol Party of Custom & Central Excise, on night patrol on 28/2/1986 / 1/3/86 on the highway outside Rajkot city. Enquiry made, revealed that though the persons present had a duty paid Bill of Entry for the Containers, cleared by Kandla Customs House, for Yellow Brass Scrap, Brass Pipes were seen concealed behind the packaging of scrap. One truck was found fully loaded with Brass Pipes : one Hasmukhlal Nandlal Shah of Bombay was found on the spot besides the drivers and labourers. They could not explain the presence of Brass Pipes, a restricted item for import as per EXIM POLICY applicable. The Brass Pipes scrap, trucks etc were seized and enquiries were made. A Show Cause Notice was issued wherein it was alleged, as regards the appellant herein, the following - "It also appears that Sarat Kalyanji Vasant, Anil bhai Kalyanji Vasant & Navneet Nandlal Shah have abetted Shri. Hasmuk...
Ashima Denims Limited and ors. Vs. Commissioner of Cen. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-28-2004
Reported in: (2005)(191)ELT318Tri(Mum.)bai
1. By the impugned order the Commissioner of Central Excise has confirmed (a) duty demand of Rs. 49,65,635 (as per Annexure A of the Show Cause Notice) on account of valuation of the yarn covering the period December, 1994 to August 1996 in terms of Rule 6(b)(ii) instead of Rule 6(b)(I) of the Central Excise Valuation Rules; (b) duty demand of Rs. 77,52,0543 ( as per Annexure B of the Show Cause Notice) on account of dyeing cum sizing of duty paid yarn covering the same period purchased from outside (c) dropped demand of Rs. 17,96,096/- (as per Annexure C to the Show Cause Notice) raised on dyeing cum sizing of yarn captively consumed for the period December, 1994 to 26.6.95; (d) imposed penalty of Rs. 1.25 crores on M/s. Ashima Denims under Rule 173Q(1) of the Central Excise Rules, 1944; (e) confiscated land, building, plant and machinery of M/s. Ashima Denims with option to redeem on payment of fine of Rs. 15 lakhs; (f) imposed following penalties on officers of M/s Ashima Denims un...
Capt. J.G. Joseph Vs. Joint Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-28-2004
Reported in: (2005)92ITD358(Mum.)
1. This is an appeal filed by the revenue (sic) and is directed against the order of CIT(A) dated 10^th September 99 for Assesssment Year 1996-97. The grounds of appeal read as under :- 1. The learned CIT(A)-XXII erred in holding that in the absence of Form No. 16 and Form No. 24, giving credit for TDS on salary does not appear to be justified though he has held that the Appellant cannot be asked to pay the tax again to the extent to which tax has already been deducted at source in view of Section 205. 1.1 The learned CIT(A) erred in directing the A.O. to ask the Appellant to furnish Form No. 16 from the employer without appreciating that unless the employer namely M/s. East West Travel & Trade Links Ltd. (East West Airlines). Pays the tax deducted from the salary to the government, it is not possible for it to issue Form No. 16 which provides columns for date of payment of tax and the name of Bank and branch where tax has been paid. 1.2 The learned CIT(A) erred in holding that it...
Oil and Natural Gas Corporation Limited Vs. City and Industrial Develo ...
Court: Mumbai
Decided on: Jul-28-2004
Reported in: 2004(4)ALLMR460; 2005(1)BomCR802
V.G. Palshikar, J.1. By this petition, the petitioner Oil & Natural Gas Corporation Limited has challenged the inaction on the part of City & Industrial Development Corporation of Maharashtra Limited (hereinafter referred to as CIDCO) in not executing the agreement of lease with the petitioner company. The company therefore seeks directions in the nature of writs requiring the CIDCO to execute the agreement against the possession of the plots covered by those agreements to the petitioner.2. It would be worthwhile to note the prayers as made by the petitioner, which are as under:'(a) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions, whereby; (i) the Respondents No. 1 be ordered and directed forthwith to:(ii) handover possession of the said plot of land admeasuring 24 hectares, demarcated in favour of the petitioners situated at Bhandkhal (Navghar), Taluka Uran along with an approach road...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »