Mumbai Court November 2006 Judgments

Joseph George Gomes @ J.G. Gomes Vs. Yucca Gomes and ors.

Court: Mumbai

Reported in: 2006(6)BomCR479

D.K. Deshmukh, J.1. The testamentary petition No. 1205 of 1999 was filed by Nancy Joe Vaz for grant of letters of administration with the Will attached, the will is alleged to have been left behind by one Joseph George Gomes who expired on 2.6.1999. The Will is dated 17.12.1985. As the caveats were filed by the defendants, the petition was converted into a civil suit. On the basis of the affidavits filed by the caveators in support of the caveats contesting validity of the Will, the Court by order dated 29.7.2004 has framed the following issues:1. Does the Plaintiff/petitioner prove that the Will dated 17th December,1985 was validly executed by the deceased and it is her last Will? 2. Does the Respondents prove that the Will was false, fabricated and was obtained under undue influence? 2. The plaintiff/petitioner has examined one Mr. M.M. Shanbhag as witness. The petitioner/plaintiff has also examined herself as witness. The defendants have also examined themselves as witnesses.ISSUE N...

Indian Oil Corporation Ltd. Vs. Artson Engineering Ltd.

Court: Mumbai

Reported in: 2007(1)ALLMR148; 2006(6)BomCR465; 2007(1)MhLj825

D.K. Deshmukh, J.1. By this petition the Award dated 30.6.2005 made by the learned sole Arbitrator directing the petitioner to pay to the respondent an amount of Rs. 3,12,74,444/-with interest, is challenged. The facts that are relevant and material for deciding this petition are that the respondent entered into a contract for execution of work of 'Crude Distribution system' for AU V project at Gujarat Refinery site Vadodara of the petitioner-Indian Oil Corporation Ltd. The contract contained an arbitration clause. As per the arbitration clause in case of dispute on receipt of notice of arbitration from the claimant, the General Manager of the petitioner had to nominate a panel of three persons and the claimant had to select one of them as sole arbitrator. The respondent filed the petition under Section 9 of the Arbitration and Conciliation Act,1996 being Arbitration application No. 31 of 2002. In that petition, the parties arrived at the consent terms. By virtue of those consent terms...

Shekoji Bhimrao and ors. Vs. Motiram Maruti Maratha and ors.

Court: Mumbai

Reported in: 2007(1)ALLMR593; 2007(2)BomCR164; 2007(1)MhLj747

S.B. Deshmukh, J.1. This second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Nanded, in Regular Civil Appeal No. 22 of 1982 ('appeal'), which was reversing the judgment and decree passed by the learned Joint Civil Judge (J.D.), Nanded in Regular Civil Suit No. 104 of 1976 ('suit'). Present appellants were the plaintiffs and respondents were defendants. The parties, hereinafter, referred to their original status - i.e. as plaintiffs and defendants.2. The plaintiffs are sons of defendant No. 7. The plaintiffs have contended in the suit that the joint Hindu family of plaintiffs and defendant No. 7 was holding ancestral agricultural land at village Marlak (Bk.) Taluka and District Nanded. The partition between plaintiffs and defendant No. 7 took place somewhere in the year 1970. In that partition, the suit property was allotted to the share of plaintiffs 1 to 3. Said partition was recorded under mutation entry on 16-12-1970. Said Mutat...

Prabhakar Dayaram Narkhede Vs. Vijaya Alias Shakuntala Ghanshyam Chaud ...

Court: Mumbai

Reported in: 2007(3)BomCR722

Kingaonkar V.R., J.1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.2. The petitioner challenges the order passed by learned Civil Judge, J.D., Jalgaon whereby application filed by the defendant/ petitioner in suit (RCS No. 217/2005) came to be rejected. The petitioner objected the suit on the ground that proper Court fees have not been paid. The suit was filed by the respondent for declaration and partition along with separate possession in respect of the ancestral property. She claimed her right as heir of her deceased father. She is real sister of the petitioner. The petitioner alleged that this kind of dispute is out side the realm of expression 'matrimonial dispute' which is exempted for the purpose of Court fees under the Government Notification dated 23rd March, 2000. The trial Court over Ruled the objection.3. Considering the legal position which emerges from various authorities including 'Shri Bipin Dalpatbhai Shah v. Vasantben Rasilal Zaven' 20...

Shriram Jagoji Brahmane Vs. State of Maharashtra

Court: Mumbai

Reported in: 2007(4)ALLMR156; 2007(3)BomCR714

Chavan R.C., J.1. By these petitions, the petitioners, who are all transferees of agricultural lands owned by one Abhiman Chipdaji Kalmegh, take exception to the orders, all dated 1-8-1994, passed by the Additional Commissioner, Amravati Division, Amravati, delimiting the petitioners' lands as surplus lands of the said Abhiman Chipdaji Kalmegh.2. It is not in dispute that the lands in question were owned by Abhiman Chipdaji Kalmegh. All the transfers in favour of the petitioners are subsequent to 4-8-1959. The date referred to in Section 10 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short, hereinafter referred to as .the Ceiling Act.). Abhiman Chipdaji Kalmegh sold 2 acres of land out of Survey No. 20/2 at Village Mangruli, Taluka Warud, District Amravati, to one Shamrao Balaji Dhole on 21-8-1959. The said Shamrao Balaji Dhole sold the land on 15-3-1963 to one Jagoji Dhanuji Brahmane, the father of petitioner Shriram Brahmane, in Writ Petition No. 3229 o...

Javed A. Bhat Vs. Union of India (Uoi)

Court: Mumbai

Reported in: 2007CriLJ3145

N.A. Britto, J.1. Heard Mr. J.P. D'Souza, the learned Counsel on behalf of the accused and the learned Special Public Prosecutor Mr. J. Vaz on behalf of the respondent.2. The accused was charged and tried with the allegation that on 14-1-2003 at about 11.00 hours he was found in possession of certain drugs/psychotropic substances. He was charged under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act, for short) with the allegation that he was found in possession of 380 gms. of hashish/charas; under Section 20(b)(ii)(A) with the allegation that he was found in possession of 85 gms. of ganja; under Section 21(b) with the allegation that he was found in possession of 37 gms. of brown sugar/heroin; under Section 22(b) with the allegation that he was found in possession of 8.4 gms. of ecstasy tablets and again under Section 21 (b) with the allegation that he was found in possession of 6 gms. of cocaine.3. After the trial was concluded the accused was con...

Rajiv Piramal Investments Pvt. Vs. Asst. Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2007)106ITD67(Mum.)

1. Pursuant to the recommendations of the Division Bench by its order dated 05.08.2004, the Hon'ble President, ITAT constituted this Special Bench and referred the whole case to the Special Bench for disposal. As the entire appeal has been referred to the Special Bench for disposal, it would be appropriate to reproduce below the grounds of appeal raised by the assessee: 1. On the facts and in the circumstances of the case and in law, the CIT (A) erred in upholding the action of the ACIT in assessing a sum of Rs. 94,52,025 as short term capital gains on renouncing of right shares of M/s Morarjee Gokuldas Spinning & Weaving Mills Ltd. a) The appellant has not incurred any cost on acquisition of the right to subscribe/renounce the shares as the appellant did not have to pay any amount in acquiring the said right shares, since such right was embedded in the purchase of old shares. b) Further the BSE was not operating on June 29, 1992, the day on which shares became ex-right, due to fi...

Misss Anita D/O Ramrao Himgire and Miss Jyotsna D/O Ramrao Himgire Vs. ...

Court: Mumbai

Reported in: 2007(1)ALLMR351; 2007(1)MhLj797

R.M. Savant, J. 1. By this Petition filed under Article 226 and 227 of the Constitution of India the Petitioners are challenging the order dated 21.11.2000 passed by the Caste Scrutiny Committee, Aurangabad invalidating their caste claim as belonging to 'Lingder' which is a Schedule Caste. 2. Such of the facts which are necessary for adjudication of the above matter are narrated herein below:The Petitioners after passing the 12th Standard Examination are prosecuting studies in BHMS and MBBS course in the Respondent No. 3 and 4 colleges. Since the Petitioners had secured admission on the basis of belonging to the Lingder Scheduled caste, the caste certificates of the Petitioners were forwarded to the Caste Scrutiny Committee for verification. One of the Petitioners approached this Court by way of Writ Petition No. 4692 of 1999 seeking a direction that the Caste Scrutiny Committee be directed to complete the verification proceedings in respect of the caste certificate issued to the said ...

Jupiter Denizcilik Mumessillik San. Ve Ticaret Limited Sirketi a Compa ...

Court: Mumbai

Reported in: 2007(2)ALLMR215; 2007(3)BomCR717

D.K. Deshmukh, J.1. The plaintiff is a company incorporated under the Laws of Turkey and carrying on business as supplier of bunkers. The defendant No. 1 is a vessel flying a flag of Turkey. She was, at the time when the suit was filed, in the port and harbour Kandala. The second defendant is a foreign company organised under the foreign law and are the owners of first defendant vessel. According to the plaintiff, the defendant No. 2 during the period from 9th October,2000 to 13th March,2001 had placed series of orders with the plaintiff for supply of bunkers to defendant No. 1 vessel i.e. m.v. LIMA II. According to the plaintiff, in terms of the invoices raised by the plaintiff upon the second defendant in relation to supply of bunkers to the first defendant, payment was to be made within thirty days and in the event of delay in making payment within thirty days, the plaintiff is entitled to charge interest at the rate of 30% per annum. The second defendant committed default in paymen...

Ashok S/O Tapiram Patil @ A.T. Nana Patil Vs. Dr. Gurumukh Mehrumal Ja ...

Court: Mumbai

M.G. Gaikwad, J.1. Heard learned Counsel, appearing for the respective parties.2. By this petition under Section 80 of the Representation of the People Act, 1951, petitioner challenges the election of respondent No. 1 as a Member of Maharashtra Legislative Council from Jalgaon Local Authorities Constituency, Jalgaon.3. The brief details of the election are as follows.[a] Election programme declared - 10-11-2004[b] Date of filing nominations - 11-11-2004[c] Date of Polling - 30-11-2004[d] Declaration of result - 02-12-2004[e] Date of filing of Election - 17-01-2005 Petition[f] Date of filing of affidavit - 19-01-2005 in Form No. 25The petitioner was nominated as a candidate put up by Nationalist Congress Party whereas the respondent No. 1 contested the election as an independent candidate. The election being an election from Jalgaon Local Authorities Constituency, the members of Panchayat Samitis, Zilla Parishads, Municipal Councils in Jalgaon District were the valid voters. There was a...