Mumbai Court March 2005 Judgments
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Dr. Bais Surgical and Medical Institute Pvt. Ltd. and ors. Vs. Dhananj ...
Court: Mumbai
Decided on: Mar-01-2005
Reported in: 2005(5)BomCR434; [2005]128CompCas273(Bom); 2005(2)MhLj1145; [2006]67SCL315(Bom)
A.H. Joshi, J1. Learned Counsels agree for final disposal of appeal at motion hearing. Hence, heard for final disposal.This is an appeal arising out of interim arrangement ordered by the Company Law Board, Principal Bench (hereinafter referred to as CLB for brevity).Facts of the case2. The background of the case, in brief, can be seen from page 91 of Paper Book, is that the dispute pertains to share holding, the control and management of the Company who is appellant No. 1 as was pleaded in the earlier litigation, respondent No. 1 claimed to have been holding 49% shares, while other group referred as Dr. Bais Group claimed 51% shares. In the earlier round before it, the CLB found that respondent No. 1 herein was shown to have applied for shares and paid a sum of Rs. 14, 95,998/- as share application money and was also appointed as Director of the Company and then as Managing Director, and the CLB in its order dated 2-12-2004 in said Company Petition inter alia passed an order directing ...
Nelson Fernandes and ors. Vs. Special Land Acquisition Officer and ors ...
Court: Mumbai
Decided on: Mar-01-2005
Reported in: 2005(4)BomCR165
Britto N.A., J.1. These appeals are filed by both the parties in Land Acquisition Case No. 58/96 against the judgment/Award dated 29-8-2001 of the learned Additional District Judge, South Goa, Margao.2. The parties hereto shall be referred to in the names as they appear in the cause title of the said case.3. Briefly stated, by virtue of notification issued under Section 4(1) of the Land Acquisition Act, 1894 and published on Gazette dated 5-8-1994 the Government acquired about 22225 sq. metres of land in village Sancoale and Cortalim of Mormugao Taluka for the purpose of construction of new B.G. Line for Konkan Railway. By subsequent corrigendum the said area was reduced to 19986 sq. metres. In the said acquisition what was involved was an area of 11,875 sq. metres from Survey No. 1473 of Cortalim village belonging to the applicants.4. The Land Acquisition Officer by his award dated 25-8-1995 awarded the applicants compensation at the rate of Rs. 4/- per sq. metre. It may be noted that...
Pandurangrao Laxmanrao Dhongade Vs. State of Goa and ors.
Court: Mumbai
Decided on: Mar-01-2005
Reported in: 2005(4)BomCR77
Lavande A.P., J.1. By this petition the petitioner, inter alia, seeks a declaration that Rule 3 of the Goa State Civil Services (Retirement) Rules, 2000 in so far as it purports to reduce the age of superannuation of the petitioner from 60 to 58 years is null and void being violative of Article 14 of the Constitution of India and as such liable to be strike down or at least read down not to be applicable to librarian working in Goa Medical College.2. The petitioner was appointed Librarian in Goa Medical College with effect from 31-8-1974. According to the petitioner in terms of the rule applicable to him he ought to retire at the age of 60. In the year 2000, the Government of Goa enacted rules known as Goa State Civil Services (Retirement) Rules, 2000 (hereinafter referred to as 'The Rules'). The said rules were published in extraordinary Gazette dated 30-8-2000. In terms of Rule 3 every Government servant including workman/artisan shall retire from service on the afternoon of the last...
Bajaj Electricals Ltd. Vs. V. Subramaniam and anr.
Court: Mumbai
Decided on: Mar-01-2005
Reported in: 2005(3)ALLMR24; (2005)IIILLJ235Bom
D.Y. Chandrachud, J.1. Rule, by consent made returnable forthwith. Counsel appearing on behalf of Respondent No. 1 waives service. By consent, and at the request of counsel taken up for hearing and final disposal.2. The Petitioner suspended the First Respondent on March 9, 2000 pending an enquiry into alleged acts of misconduct. During the pendency of the enquiry the First Respondent was paid subsistence allowance at the rate of 50% of the last drawn wages for the first 90 days, 75% for the next 90 days and at the rate of 100% for the rest of the period. The First Respondent instituted a complaint under Section 33-A of the Industrial Disputes Act, 1947 before the National Industrial Tribunal contending that he was entitled to receive annual increments on the basic wages as well as Variable Dearness Compensatory allowance which had not been taken into consideration by the Petitioner in making its calculations of subsistence allowance. On these grounds, it was submitted that the Petition...
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