Mumbai Court February 2006 Judgments

Savita Wd/O Hiralal Sorle and ors. Vs. Rajesh Damodar Sarode and anr.

Court: Mumbai

Reported in: IV(2006)BC490; 2006CriLJ2229; 2006(3)MhLj845

A.P. Lavande, J.1. Heard Mr. Bhandarkar, the learned Counsel for the applicants, Mr. Dhote, advocate holding for Mr. A. P. Tathod, the learned Counsel for non-applicant No. 1 and Mr. Kankale, the learned A.P.P. for non-applicant No. 2.2. By this application, the applicants seek quashing of the proceedings in Criminal Complaint Case No. 2109/2004 filed by the non-applicant No. 1 purporting to be under Section 138 read with Section 142 of the Negotiable Instruments Act. The non-applicant No. 1 filed the above case in the Court of the Judicial Magistrate, First Class, Gondia alleging commission of the offence under Section 138 of the Negotiable Instruments Act on the ground that Hiralal Sorle the husband of the applicant No. 1 and father of the applicants 2 to 4 had issued two cheques dated 10-3-2003 for Rs. 25,000/- each in his favour and when notice was issued to Hiralal Sorle claiming the amount of the said cheques, the notice was returned with an endorsement that Hiralal had expired. ...

Shriram Nagordhar Mahajan and ors. Vs. State of Maharashtra and anr.

Court: Mumbai

Reported in: 2006CriLJ2216

ORDERB.R. Gavai, J.1. By order dated 23rd February, 2006, I have allowed the application by quashing and setting aside the order passed by the learned. IV Ad hoc Additional District Judge, Aurangabad dated 17th December, 2005 in Criminal Revision No. 244/2005. Vide the said order, the matter is remitted back to the learned Additional Sessions Judge, Aurangabad to decide the revision of the present respondent No. 2 on merits after giving notice to the applicants as well as respondent No. 2 , The reasons for the said order are as under2. The short question that arises for consideration is whether the learned revisional Court was Justified in allowing the revision of the present respondent No. 2 thereby setting aside the order of the learned Magistrate of non-issuance of process for an offence under Section 395 and directing the Magistrate to issue process for an offence under Section 395.3. The facts, In brief, giving rise to the present application are as under.The respondent No. 2 here...

Uday Pundalik Nadkarni and anr. Vs. Amarnath N.S. Talwadkar

Court: Mumbai

Reported in: AIR2006Bom203; 2006(5)BomCR738

ORDERR.M.S. Khandeparkar, J.1. Heard Advocates for the parties. Rule. By consent, the rules is made returnable forthwith.2. The petitioners challenge the order dated 23-11-05, passed in Execution Application No. 29/03/A, rejecting the objections sought to be raised on behalf of the petitioners, who are the Judgment-debtors in the execution proceedings before the executing Court.3. By the Decree dated 31.3.03 passed in Civil Suit No. 57/96/A, the petitioners were required to execute a final sale deed in favour of the respondent as per Exhibit PW.1/A within a period of 60 days from the date of the Judgment and Decree. Since the petitioners failed to execute the sale deed, the respondent filed execution proceedings which were sought to be objected to by the petitioners on various grounds. Though, in reply to the notice of execution application the petitioners filed a very cryptic reply, the same was followed by written submissions on behalf of the Judgment-debtors as well as on behalf of ...

Bombay Dyeing and Mfg. Co. Ltd. Vs. Commissioner of Cen. Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The appellants herein who are manufacturers of cotton and man-made yarn, filed a Civil Writ Petition No. 1235/81 and Civil Misc. Petition No. 1699/81 before the Hon'ble Delhi High Court challenging interalia, levy and collection of Central Excise Duty on cotton yam and man made yarn manufactured by them in their composite Mill and captively consumed in the manufacture of cotton and man made fabrics. On 25.5.81, the High Court passed an interim order in terms of the prayer of the petitioners for clearance of yarn and fabrics upon their undertaking to furnish the requisite bond in form B-13 under Rule 9-B. On 4.8.81, further orders were passed by the High Court on the Civil Misc.Petition. In pursuance of the interim orders, the appellants executed 39 B-13 Bonds on various dates covering a total duty amount of Rs. 2,07,50,000/- and furnished 40 Bank Guarantees for a total amount of Rs. 57,91,500/-. In the light of the orders of the High Court, assessment of the yarn captively consumed...

Venus Electronics and Control Vs. Commr. of Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard both sides. The appellants are a unit registered in Kandla Special Economic Zone, Gandhidham Kutch, Gujarat. This application has been filed against the dismissal of their appeal for not having deposited an amount of duty of Rs. 13,66,886/- directed to be deposited within a period of six months vide Order No. 1296/94/WZB, dated 25-7-94. This order of dismissal was made vide Order No. 1856/98/WRB, dated 4-8-98/C-II.2. The applicant submits that now the applicant has deposited the entire amount of duty as ordered by this Hon'ble Court in the stay application. In addition, the applicant has also paid the amount of penalty. Thus, there is no outstanding due against the applicant. The details of the payment are as under.____________________________________________________________________________ 1 TR-6 Challan No. VECPL/2004/2005/001, Rs. 12,66,886/- dtd 8-9-04 deposited in State Bank of India, 2 TR-6 Challan No. NIL, dated 4-10-02 depos- Rs. 2,00,000/- ited in State Bank of India...

Govind Anand Karawande Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Mumbai

Reported in: (2006)(92)SLJ389CAT

1. The applicant has challenged the order dated 02.9.2003 passed by respondent No. 2 whereby forfeiture of total pension was ordered with immediate effect.2. The facts of the case giving rise to filing of this O.A. are that the applicant while working as Junior Telecom Officer in Pune Telecom District was caught by Anti Corruption Bureau on 31.10.1989 while accepting illegal gratification of Rs. 1000. The applicant was convicted by order dated 18.6.1998 by special Judge Pune in Special Case No. 21/93 and was sentenced to undergo regorous imprisonment for two years and fine of Rs. 1000. The applicant preferred Criminal Appeal No. 604/98 in Bombay High Court. He was released on bail by Bombay High Court order dated 15.7.1998. Thereafter, the applicant filed Criminal Application No. 3584/98 for suspending the sentence in the aforesaid Criminal Appeal No. 604/98. The High Court passed order dated 21.12.1998 allowing the criminal application in terms of prayer Clause (B). Applicant stated ...

Addl. Cwt Vs. Irani Foods and Investment Co. (P)

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal has been filed by the revenue against the order of Commissioner of Wealth Tax (Appeal), Central-III, Mumbai, dated 28-2-2005 under Section 23(5) of the Wealth Tax Act, 1957. On the facts and in the circumstances of the case and in law, the learned Commissioner of Wealth Tax (Appeal) erred in deleting the addition to net wealth made on acquisition of land and its related development rights by the assessee.3. Mr. Ankur Garg, Departmental Representative appeared for the revenue and Mr. K.K. Lalkaka, learned Authorised Representative appeared for the assessee.4. The brief facts of the case are that the assessee was the owner of a plot of land bearing No. 24/25 in Marol Co-operative Industrial Estate Ltd., wherein it was carrying on its industrial activity. The assessee acquired the development rights of the adjacent plot of land in the form of Floor Space Index (FSI) from Marol Co-operative Industrial Estate Ltd. for a consideration of Rs. 18.00 lakhs. The assessee was allo...

The State of Maharashtra Through the Chief Secretary, Vs. Prakash Chan ...

Court: Mumbai

Reported in: 2006(3)ALLMR671; 2006(3)BomCR691; 2006(3)MhLj241

Nishita Mhatre, J.1. The Petitioners have challenged the judgment and order dated 10th July 2003 passed by the Maharashtra Administrative Tribunal, Mumbai in Original Application No. 56 of 2003 which directs them to permit Respondent No. 1 to resume duty as Assistant Draftsman-cum-Under Secretary. The Tribunal has allowed the Original Application filed by Respondent No. 1 mainly on the ground that he continued to have a lien on the post of Assistant Draftsman-cum-Under Secretary during the period he was appointed as a Judge of the Labour Court, Mumbai. The Tribunal was of the view that since a similarly placed person was permitted to continue his lien on the post of Assistant Draftsman-cum-Under Secretary, Respondent No. 1 should have not been terminated from service but ought to have been repatriated to his original post. 2. Respondent No. 1 was appointed on 1st February 1990 on probation as an Assistant Draftsman-cum-Under Secretary. He continued to be on probation for a further peri...

Falcon Retreat Pvt. Ltd. and anr. Vs. Edc Ltd. and ors.

Court: Mumbai

Reported in: 2006(3)ALLMR571; 2006(3)BomCR171

Khandeparkar R.M.S., J.1. Rule. By consent, the rule is made returnable forthwith. 2. The petitioners seek a writ of mandamus in the nature of direction to the respondent No. 1 to consider and accept the proposal of the petitioners communicated to the respondent No. 1 vide letter dated 18-1-2006 and further to restrain the respondent No. 1 from proceeding to sell the property in question to the respondent No. 3 and, in the alternative, in case of completion of sale, to quash and set aside the same. 3. The petitioners being chronic defaulters in the matter of repayment of the loan to the respondents Nos. 1 and 2 and besides having failed to keep their assurances and representations in the matter of clearance of dues and/or for arranging a purchaser for the attached properties, the respondent No. 1 proceeded to take action in terms of Section 29 of the State Financial Corporation Act and consequently, attached the properties of the petitioners and also took possession thereof in Septembe...

State of Maharashtra Vs. Maruti Dagadu Kardile and ors.

Court: Mumbai

Reported in: 2006(5)BomCR765

Bhatia J.H., J. 1. This group of appeals may be disposed of by common judgment as all of them arise out of the same project, wherein same question of law is involved. 2. Admittedly, for percolation tank of village Baburdi Ghumat, Taluka and District Ahmednagar, certain lands from village Khandala were acquired. In five of the First Appeals, notification under Section 4 were issued on 11-7-1974 and final awards were passed on 30-11-1978. In remaining five appeals, notification under Section 4 was issued on 10-9-1981 and the award was passed on 18-12-1981. In all these ten appeals, the respondents claimants were not satisfied with the compensation awarded by the Special Land Acquisition Officer. Therefore, they made land reference applications under Section 18 of the Land Acquisition Act. The learned IInd Joint Civil Judge (S.D.) Ahmednagar, heard all these land references and found that the compensation awarded by the Special Land Acquisition Officer was grossly inadequate and needed to...