Mumbai Court February 2006 Judgments
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Pundlik Laxman Kawarse and anr. Vs. Baban Pundlik Kawarase and ors.
Court: Mumbai
Decided on: Feb-15-2006
Reported in: 2006(3)ALLMR683; 2006(5)BomCR796
Dharmadhikari B.P., J.1. By this petition, the petitioner/defendant has challenged the order dated 12.4.2005, passed by the Civil Judge, Senior Division, Chandrapur rejecting his application at Exh.35, seeking permission to file written statement on record by setting aside the order of proceeding further in Regular Civil Suit No. 33/2002 without written statement. I have heard Advocate Joshi, for petitioners and Advocate Potbhare, for respondents.2. Grievance made by Advocate Joshi, is that the dispute is between son and father and the father/defendant was under the impression that he had already filed written statement on record though what was filed was only a reply opposing the application for grant of temporary injunction. The said temporary injunction was rejected and thereafter, the case was fixed for written statement at that time it became clear that the written statement had not been filed. Because of old age and being illiterate, they could not consult their Advocate and coul...
Century Enka Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-14-2006
Reported in: (2006)101ITD489(Mum.)
1. This appeal by the assessee is directed against the order of the CIT(A) on various grounds. The original grounds being of argumentative nature were revised by the assessee. We, accordingly, replace the original grounds by the revised grounds of appeal which arc as under: 1. On the facts and the circumstances of the case and in law, the CIT(A)-Central I, Mumbai [the CIT(A)] erred in upholding the action of the DCIT, Central Circle-1, Mumbai ('the DCIT') of initiating the assessment proceedings by issue of notice under Section 143(2) of the Income-tax Act, 1961 ('the Act') in the name of Rajashree Polyfils Ltd. (RPL) inasmuch as it had amalgamated with Century Enka Limited ('CEL') and, hence, was not in existence at the time of assessment proceedings. 2. The appellant prays that the assessment be held to be abinitio or otherwise void, illegal, in operative and bad in law and as such liable to be quashed. 1. The CIT(A) erred in upholding the action of the DCIT of initiating the assess...
Satish Bora and Try Builders Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(2)BomCR750; 2006(4)MhLj812
D.Y. Chandrachud, J.1. The Petitioner impugns in these proceedings, the validity of a declaration issued by the Government of Maharashtra under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with Section 6 of the Land Acquisition Act, 1894, on 21st March 2005 and 6th April 2005. The lands which form the subject matter of the acquisition proceedings comprise of C.T. S.No. 481(part) of Rasta Peth, Pune and admeasure 4055.37 sq.mtrs. The Petitioner which is a partnership firm of Builders and Developers claims to have entered into a development agreement with the Ninth Respondent on 10th January 2005. The revised Development Plan for the City of Pune was sanctioned by the State Government on 5th January 1987 and the Plan came into force on 5th February 1987. Under the Development Plan as sanctioned, the land was reserved for Government purposes and the acquiring body was Government in the Education Department. The Ninth Respondent served a purchase notice under...
Rajkumar Onkar Jagtap Vs. Secretary, Kshatrakulotpana
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(6)BomCR220; [2006(110)FLR107]; 2006(3)MhLj502
V.C. Daga, J.1. This petition is filed under Article 226 of the Constitution of India, at the instance of the aggrieved Assistant Teacher, aggrieved and dissatisfied by the order of the School Tribunal, Mumbai, passed in Appeal No. MUM/132/1997 on 17.4.2002, whereby order of termination dated 14.10.1997 issued by the respondent No.1 came to be upheld. FACTS: 2. It is not in dispute that the petitioner was appointed on probation for 2 years as Assistant Teacher. It is also not in dispute that the petitioner belongs to S.C. category and holds M.A.B.Ed degree. It is also not in dispute that before completion of probation period, services of the petitioner came to be terminated by giving him one month's notice indicating therein that his work was not satisfactory. It is also not in dispute that during the probation period he was served with memo dated 3.10.1997 with further memos issued from time to time. The School Tribunal after considering the submissions advanced by the parties to the ...
Promuk Hoffman International Ltd. and anr. Vs. State of Goa and ors.
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(3)ALLMR533; 2006(2)BomCR500
Khandeparkar R.M.S., J.1. Since the common questions of law and facts arise in both these petitions, they were heard together and are being disposed of by this common judgment. We have heard at length S/ Shri S.K. Kakodkar and S.G. Dessai, Senior Advocates for the respective petitioners and Shri S.S. Kantak, Advocate General for the respondent Nos. 1 and 2 and S.V. Manohar, Advocate for the respondent No. 3.2. In both these petitions, the petitioners challenge the rejection of their bids at the pre-qualification stage. The bids were submitted by the petitioners in answer to the notices issued by the 1st respondent inviting tenders from eligible manufacturers for supply of high security registration plates for all types of vehicles in the State of Goa. The petitioners' tenders have been rejected on the ground that the same were not substantially responsive in terms of the tender documents.3. Writ Petition No. 432 of 2005 is by Promuk Hoffman International Limited, a public limited compa...
Liladhar S/o Hemraj Agrawal Vs. Hon'ble Principal Civil Judge, Distric ...
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(3)ALLMR191; 2006(4)ARBLR100(Bom); 2006(6)BomCR226; 2006(3)MhLj244
B.P. Dharmadhikari, J.1. By this writ petition under Articles 226 and 227 of Constitution of India, the petitioner is challenging the order dated 16-8-2005 passed by IIIrd Ad hoc Additional District and Sessions Judge, Bhandara, whereby the said Court has returned the proceedings presented by the petitioner for grant of injunction and necessary orders under Section 9 of Arbitration and Conciliation Act, 1996 to District Judge, Bhandara. The proceedings have been returned observing that in view of Notification dated 27-2-1984, the Additional Sessions Judge has been vested with powers of District Judge for all purposes insofar as revenue district Gondia is concerned and therefore he is District Judge for Gondia.2. Considering the nature of controversy, Rule. Rule is made returnable forthwith and heard finally with the consent of the parties. Shri Bhandarkar, learned Counsel has argued for the petitioner, Shri Parihar, learned AGP has argued on behalf of respondents No. 1 and 2 and Shri K...
New India Assurance Company and anr. Vs. Roopabai W/O Shankar Indasrao ...
Court: Mumbai
Decided on: Feb-14-2006
Reported in: III(2006)ACC897; 2006(4)ALLMR698; 2006(6)BomCR868; 2006(3)MhLj519
J.H. Bhatia, J.1. Both these appeals may be disposed of by this common judgment as they arise from common judgment passed by the Motor Accident Claims Tribunal in two Claim Petitions arising out of the same accident.2. Briefly stated, one Shankar Indasrao along with his daughter Kumodini was proceeding on his bicycle on 5-9-1982 at about 9.30 a.m. At that time, a truck bearing No. MPI 3980 came from opposite direction in high speed. The truck came to the wrong side of the road from its direction and dashed against bicycle, due to which said Shankar and his daughter fell down with their bicycle and both were run over by the truck. In the result, both of them died on the spot. Widow and three children of Shankar filed Motor Accident Claim Petition No. 23 of 1983 claiming compensation for the death of Shankar, who was serving as teacher before death. Widow of Shankar also filed Motor Accident Claim Petition No. 24 of 1983 seeking compensation for the death of her daughter in the said acci...
Kasai Dodamarg Shikshan Prasarak Mandal Vs. State of Maharashtra and o ...
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(3)BomCR654; 2006(4)MhLj264
Karnik D.G., J. 1. Heard Counsel for the appearing parties.2. By this petition, the petitioner challenges the order dated August 10, 1999 passed by the respondent No. 3, Deputy Director of Education cancelling the permission granted to the petitioner to shift its secondary school from village Patye to village Zare-Bamber.3. The petitioner society was running a secondary school at village Patye, taluka Sawantwadi, district Sindhudurg from the year 1993-94. The village Patye was likely to be submerged under the Tilari Irrigation Project. It appears that it was proposed that the villagers of the village Patye were to be resettled at village Zare-Bamber. Therefore, by letters dated January 16, 1996, February 22, 1996 the petitioner was granted permission to shift its secondary school from village Patye to village Zare-Bamber. Accordingly, from the year June 1996 the petitioner shifted its school from village Patye to village Zare-Bamber.4. Thereafter by letter dated August 10, 1993, the re...
Commissioner of Customs (Gen) Vs. Raj Clearing Agency
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(199)ELT602(Bom)
1. Heard the learned Counsel for the parties. This is an appeal filed by the Appellant-Commissioner of Customs raising the question of law with regard to the judgment and order of CESTAT dated 12th December, 2005. The substantial question of law sought to be raised by the Appellant in this Appeal is that whether the CESTAT was right in applying Regulation 22(1) of the Customs House Agents Licensing Regulations, 2004, particularly when immediate action against the misconduct of the Customs House Agent was necessary, and whether the CESTAT was right in holding that the suspension of licence was bad in law for non-service of prior notice to the delinquent licence holder. Therefore the main contention of the Appellant is that the CESTAT had erroneously held that in case of any suspension of licence of the Custom House Agent the mandatory requirement of prior notice as per the provisions of Regulation 22(1) of the Customs House Agent Licensing Regulations, 2004 ought to have been followed.2...
Shripad Ganpati Bhat Vs. Registrar, Tilak Maharashtra Vidyapeeth and o ...
Court: Mumbai
Decided on: Feb-14-2006
Reported in: 2006(6)BomCR223; 2006(4)MhLj607
D.G. Karnik, J.1. Heard the learned Counsel.2. The point that arises for consideration in these two petitions is whether the petitioner has a legal right to be appointed to the post of a reader and whether a writ of mandamus can be issued to the respondents directing them to appoint the petitioner to the post of a reader 3. The facts giving rise to these petitions are briefly stated below :Tilak Maharashtra Vidyapith (hereinafter referred to as 'the respondent No. 2'.) is arraigned as respondent No. 2 in writ petition No. 3989 of 1997 and respondent No. 1 in Writ Petition No. 5190 of 1998. It is a deemed University. The petitioner was appointed as a lecturer in Sanskrit in Balmukund Sanskrit Mahavidyalaya affiliated to the respondent No. 2 in September, 1986. It appears that the petitioner also officiated as a principal of the said college occasionally from time to time. In the year 1997 the post of a reader in Sanskrit become vacant in the respondent No. 2 and an advertisement was iss...
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