Mumbai Court August 2004 Judgments
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Sayaji Hanmant Bankar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2005CriLJ412
H.L. Gokhale, J.1. This Appeal by the Appellant (Original Accused No. 1) seeks to challenge the judgment and order dated 6th March 2000 passed by the 3rd Additional Sessions Judge, Satara, in Sessions Case No. 182 of 1998 convicting the Appellant under Section 302, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine Rs. 2,000/-, in default further RI for one year. The facts leading to this Appeal as follows:-2. The Appellant (original Accused No. 1) was married to one Suman, daughter of Shakuntala Tukaram Yadav (a widow) sometimes in June 1988. The bride's side is stated to have given a dowry of Rs. 7,000/- and shouldered the entire marriage expenses. The mother of Suman hailed from village Aundh in Taluka Khatav of District Satara, whereas the Appellant resided at village Pimpari in Taluka Koregaon of the same District. The village Pimpari is at a distance of about half an hour by Bus from Aundh. For a few years after the marriage the relations betwe...
Sumangal Press Private Ltd. and ors. Vs. the Municipal Corporation of ...
Court: Mumbai
Decided on: Aug-11-2004
Reported in: AIR2005Bom291; 2004(4)ALLMR578; 2004(6)BomCR579; 2004(4)MhLj465
1. Petitioners and their advocate are absent.2. Heard Mr. Mandalik appearing for the respondent No. 1 to 3.3. The 1st petitioner is a publisher of a periodical called 'Kalnirnaya' published annually and 2nd petitioner is a sole selling agent of said publication. The 'Kalnirnaya' is published in English, Marathi and several other regional languages. The respondent No. 1 Kalyan Municipal Corporation, is a statutory authority constituted under the Bombay Provincial Municipal Corporation Act, 1949 and respondent No. 2 and 3 are the Officers of the Corporation. By this petition, the petitioners are seeking to challenge the order dated 12th April 1994 passed by the respondent No. 3 declining to grant exemption from octroi duty to the petitioners' publication 'Kalnirnaya' under Schedule II part I of Maharashtra Municipalities (Octroi) Rules 1968.4. It appears that Kalyan Municipal Corporation has not framed any octroi rules and the levy of octroi on the goods and articles is made from 1st Apr...
institute of Chartered Accountants of India Vs. H.S. Ghia
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2004(4)MhLj891
R.M. Lodha, J.1. Shri H.S. Ghia is a Chartered Accountant in practice and a member of the Institute of Chartered Accountants of India. For the sake of convenience we shall-refer Shri H.S. Ghia as 'the respondent'. One Shri N.N. Sayani (hereinafter referred to as 'the complainant') filed a complaint before the Council of the Institute of Chartered Accountants of India underSection 21 of the Chartered Accountants Act, 1949 (for short 'the Act of 1949') against the respondent on April 4, 1991. 2. According to the complainant the respondent agreed to sell his premises 'Prabhu Niwas', 148, Vittalbhai Patel Road, Bombay - 400 004 for a total consideration of Rs. 3,00,000/-. The complainant is said to have paid Rs. 2,00,000/- and balance of Rs. 1,00,000/- was paid by his mother. The respondent, however, failed to sell the said premises and property to the complainant and returned the consideration of Rs. 3,00,000/- in the month of August, 1990 under six cheques for Rs. 50,000/- each (four in ...
Indian National Press (Bombay) Limited Vs. Vasudeo Atmaram Tarey and a ...
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2005(1)BomCR224
Khandeparkar R.M.S., J.1. Heard the learned Advocate for the petitioner. None present for the respondents though served. Perused the records.2. The petitioner challenges the judgment and order dated 31st August, 2001 passed by the Industrial Court, Mumbai, in Complaint (ULP) No. 877 of 1991. By the impugned judgment, the Industrial Court has allowed the complaint filed by the respondent No. 1 accusing the petitioner-company having adopted unfair labour practice under Items 5, 9 and 10 of the Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971, further directing to the petitioner company to withdraw the retirement memo issued to the respondent No. 1 on 17th January, 1991 and to pay wages for a period of two years i.e. upto 26th March, 1993 deducting therefrom the ex gratia payment of the amount made in lieu of the wages payable for four months.3. The facts in brief relevant for the decision are that the respondent No. 1 was employed with the petitioner-company since 1952, As per the prac...
Council of the Institute of the Chartered Accountants of India Vs. U.V ...
Court: Mumbai
Decided on: Aug-11-2004
Reported in: [2005(104)FLR1075]; (2005)IILLJ8Bom; 2005(1)MhLj619
J.P. Devadhar, J.1. After recording its findings that the respondent is guilty of professional misconduct, the Council of the Institute of Chartered Accountants of India has forwarded the above reference to this Court under Section 21(5) of the Chartered Accountants Act, 1949 ('Act' for short) for passing appropriate orders under the Act.2. The respondent, a Chartered Accountant carrying on his profession in the name of 'U. V. Kharkanis and Co.', is a registered member of the Institute of the Chartered Accountants of India ('Institute for short).3. On 19th May, 1992 the Joint Director of Industries, Aurangabad ('complainant' for short) made the following complaints against the respondents:-'The Respondent had issued the certificates for consumption of raw material and production for the year AM-86/AM-87 in respect of the following units :-1. M/s Padmakar Engineering Works, Ajabnagar, Aurangabad.2. M/s Hajari Industries, CIDCO Industrial Zone, Aurangabad.3. M/s Ambika Wooden Industries,...
Kalavati Bharsingh Thapa Vs. Maharashtra Plastic Industries
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2004(6)BomCR600; 2005(1)MhLj631
R.M.S. Khandeparkar, J.1. Heard the learned advocates for the parties. Perused the records.2. The short point which arises for consideration is that on final disposal of the complaint under MRTU and PULP Act, 1971 (hereinafter called as 'the said Act') whether the Labour Court would have the power to review its judgment. The facts of the case disclose that the workman filed the complaint under the said Act before the Labour Court alleging unfair labour practice under Item No. 1 of Schedule IV of the said Act. After hearing the parties, the Labour Court by its order dated 20th April, 1994 directed reinstatement of the workman with continuity in service and full backwages from 6th December, 1984. The respondents filed an application for review of the said order being Misc. Review Application (ULP) No. 10 of 1994. The same was allowed by the Labour Court by its order dated 15th July, 1994. The workman filed revision application being Application (ULP) No. 1000 of 1994 before the Industria...
State of Maharashtra Vs. Shakuntala W/O Gajanan Jodh and anr.
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2005(1)MhLj913
A.P. Lavande, J.1. The present revision application has been filed by the State challenging the order dated 19-7-2000 in Special Case No. 12/1997. The respondents are original accused Nos. 4 and 5, who are prosecuted for offences under sections 13(1)(e) and 13(2) of Prevention of Corruption Act (hereinafter referred to as 'Act') read with Section 109 of Indian Penal Code and 13(1)(e) and 13(2) of the Act read with Section 120B of Indian Penal Code. In Special Case No. 12-1997 before the Special Judge, Amravati, the case of prosecution was that Shri T. J. Meshram, who is accused No. 1 in special Case No. 12/97, was Regional Transport Officer at Amravati at the relevant time, and as such a public servant, had amassed wealth disproportionate to his known source of income and had committed offences under the Act. It was the case of the prosecution that said Shri Meshram had purchased certain properties in the name of respondent No. 1 from the earnings made illegally by said Shri Meshram. T...
V.K. Saboo and anr. Vs. Additional Collector and ors.
Court: Mumbai
Decided on: Aug-11-2004
Reported in: 2005(1)MhLj1147
A.P. Deshpande, J. 1. This Letters Patent Appeal is at the behest of a tenant who is in occupation of house premises situated at Ramdaspeth, Nagpur. The said premises are owned by respondents No. 2 to 4 and they are the landlords. The landlord filed an application seeking permission of the Rent Controller under Clause 15 of the C.P. and Berar Letting of Premises and Rent Control Order, 1949, to terminate the tenancy on various grounds. The Rent Controller issued notices twice but as the appellant/tenant could not, in the opinion of the Rent Controller, be duly served, he chose to take recourse to the provisions in regard to the substituted service and issued directions accordingly. The Process Server noticing that the present appellants are absent, effected the substituted service by pasting the notice on the conspicuous part of the premises. The appellants were proceeded ex parte and final order came to be passed by the Rent Controller granting permission to the respondents to termina...
Council of the Icai Vs. U.V. Karkhanis
Court: Mumbai
Decided on: Aug-11-2004
Reported in: [2004]140TAXMAN684(Bom)
J.P. Devadhar, J.After recording its findings that the respondent is guilty of professional misconduct, the Council of the Institute of Chartered Accountants of India has forwarded the above reference to this court under section 21(5) of the Chartered Accountants Act, 1949 (hereinafter referred to as the Act) for passing appropriate orders under the Act.2. The respondent, a Chartered Accountant carrying on his profession in the name of 'U.V. Kharkhanis & Co.', is a registered member of the Institute of the Chartered Accountants of India (hereinafter referred to as the Institute).3. On 19-5-1992 the Joint Director of Industries, Aurangabad (complainant) made the following complaints against the respondent :'The Respondent had issued the certificates for consumption of raw material and production for the year AM-86/AM-87 in respect of the following units :1. Padmakar Engineering Works, Ajabnagar, Aurangabad.2. Hajari Industries, CIDCO Industrial Zone, Aurangabad.3. Ambika Wooden Industri...
Oriental Insurance Co. Ltd. Vs. Sangita Dattatraya Jamdade and ors.
Court: Mumbai
Decided on: Aug-11-2004
Reported in: II(2005)ACC344; 2006ACJ971
A.S. Oka, J.1. When Civil Application No. 4398 of 2003 in the appeal was placed before me on 15.6.2004, I directed that instead of deciding the civil application, the first appeal be taken up for final hearing as it arises out of a claim for compensation in respect of a fatal accident which was filed in the year 1995. Accordingly, I have heard the counsel appearing for the parties on the last date and today.2. The claim for compensation arises out of death of one Dattatraya Mahadeo Jamdade. It is an admitted position that he was riding a bicycle as pillion rider. A jeep No. MH 6-C 2640 driven by respondent No. 5 and owned by the respondent No. 6 dashed against the bicycle as a result of which the deceased expired. Respondent Nos. 1 to 4 are the claimants. Respondent No. 1 is the widow of the deceased and respondent Nos. 2 to 4 are the minor children of the deceased. Appellant is the insurance company with which the offending vehicle was admittedly insured on the date of accident.3. It ...
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