Mumbai Court October 2007 Judgments
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Uday S/O Sudamrao Jondhale Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2007(6)ALLMR797; 2008(1)MhLj706
P.V. Kakade, J.1. Heard learned Advocate for the petitioner as well as Mr. Latange, learned Advocate for Respondent No. 4 University. The learned A.G.P. appears and waives service for R. Nos. 1 and 2.2. Rule. Rule is made returnable forthwith by consent of the parties and taken up for hearing.3. The petitioner has sought quashing of the order cancelling his performance of VI Semester B.Sc. (Computer Science) third year examination held in April/May, 2007 passed by the Respondent No. 4 University and further directions to Respondent No. 3 to grant admission to M.C.A. Course pursuant to the offer of admission dated 27.5.2007 and also to grant provisional admission to Master's Degree Programme of the Department of Computer Science. The petitioner has also sought direction to Respondent No. 4 University to declare the result of VI Semester as a sequel of quashing the order cancelling his performance, passed by Respondent No. 4 University and other consequential reliefs. 4. The petitioner t...
Siemens Information System Ltd. Vs. the Assistant Commissioner of Inco ...
Court: Mumbai
Decided on: Oct-11-2007
Reported in: (2008)214CTR(Bom)16
F.I. Rebello, J.1. Rule. By consent, heard forthwith.2. The Assistant Commissioner of Income-tax 7(2), Mumbai sought to reassess the petitioner in respect of its income for the assessment year 2001-02 under Section 147 of the I.T. Act. By this petition, the petitioner challenges the notice issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as `the Act').3. In order to correctly appreciate the issue, a few relevant facts may be noted as under:During the previous year relevant to assessment year 2001-02, the petitioner had set up undertakings in Software Technology Parks situated at Bangalore, Delhi, Chennai, Calcutta, Pune and Khargar, the profits whereof were eligible for deduction under Section 10A of the Act. The petitioner had also a 100% Export Oriented Unit situated at Mumbai whose profits were eligible for a deduction under Section 10B of the Act. They also had units at other locations whose profits were not eligible for any deduction either in terms of...
Maharashtra Rajya Rashtriya Kamgar Sangh Vs. Kamgar Suraksha Sangh and ...
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008(3)BomCR766; [2008(116)FLR651]; (2008)IILLJ188Bom; 2008(1)MhLj344
Swatanter Kumar, C.J.1. Vide order dated 23rd July, 2007, Member, Industrial Court, Maharashtra, Mumbai, decided Application (MRTU) No. 26 of 2003 filed by Kamgar Suraksha Sangh, holding that the applicants were entitled to the relief prayed for and that the applicant union was a recognised union of Sangrila Food Products Limited in place of Maharashtra Rajya Rashtriya Kamgar Sangh. The Registrar, Industrial Court, Mumbai, was directed to issue certificate in terms thereof as well as publish the order in accordance with the provisions of Section 17 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as 'the Act', and the Rules framed thereunder.2. The petitioner herein aggrieved from the said order has filed the present writ petition under Article 226 of the Constitution of India primarily on the ground that the order passed is erroneous and based on no evidence. Further that the members who were holding common mem...
Commissioner of Service Tax Vs. Intra-trade Pvt. Ltd.
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008[9]STR347
ORDER1. Respondents had collected service tax, but subsequently credited the same to the account of the persons from whom it was collected. This fact is not in dispute. The Deputy Commissioner sanctioned relief claimed in the sum of Rs. 1,34,863/- in respect of service tax on the ground that there was no unjust enrichment and the show cause notice issued was dropped. In the Appeal preferred before the Tribunal, the Tribunal found no reason to interfere with the impugned order of the Commissioner and also rejected the Appeal by the Revenue. Considering the finding of fact that credit had been given to the persons from whom the service tax had been collected the question of law as framed would not arise and consequently the present appeal is dismissed....
Pune District Central Co-op. Bank Ltd. Vs. Datta Vikas Karyakari Seva ...
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008(2)MhLj211
Swatanter Kumar, C.J.1. Letters Patent Appeal Nos. 175, 176 and 179 of 2007 are directed against the order dated 28th August, 2007, passed by the learned single Judge in Civil Writ Petition Nos. 6274 and 6275 of 2007 whereas Letters Patent Appeal No. 178 of 2007 is directed against the order dated 17th August, 2007, passed by the learned single Judge in Civil Writ Petition No. 5780 of 2007. It may also be noticed that Letters Patent Appeal No. 179 of 2007 has been filed by an applicant praying for similar reliefs in relation to the order dated 28th August, 2007, passed by the learned single Judge.2. In all the above three writ petitions, Rule and interim reliefs were granted. Though the date of the interim orders granting stay of the order of the Collector are different but the grounds stated in all the orders are similar, based upon identical reasoning and as such it would be appropriate to dispose of these four Appeals by a common judgment.3. In the above referred writ petitions, the...
Sushmita Sen Vs. Municipal Corporation of Gr. Mumbai and anr.
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008(2)MhLj42
Swatanter Kumar, C.J.1. Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both sides.According to the petitioner she is an Artist of international repute and she challenges in the present petition under Article 226 of the Constitution, the action of the respondents, which according to her is arbitrary, unreasonable and unjustified. The respondent Corporation i.e. Joint Municipal Commissioner, vide notice dated 5th December, 2006 and order dated 28th April, 2007 held that the petitioner is liable to pay octroi with penalty as provided under Section 478 of Mumbai Municipal Corporation Act, 1888, hereinafter referred to as the Act, and the penalty was 10 times the octroi payable. This is the notice, the legality and validity of which is questioned by the petitioner before this Court. The facts as they emerge from the petition are that the petitioner is in possession of Toyota Land Cruiser bearing Registration No. MH01 PA 0047 which has been hypothecated to ...
Sonu Textiles and ors. Vs. Punjab National Bank
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008(3)BomCR889; 2008(2)MhLj218
Swatanter Kumar, C.J.1. Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both the sides.1. Punjab National Bank, a body corporate and constituted under The Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, filed an application, being Original Application No. 802 of 2005 before the Debts Recovery Tribunal, Mumbai against the borrowers, (hereinafter referred to as the petitioners), including other parties, for recovery of Rs. 85,63,486/- with future interest at the rate of 18.5% per annum with quarterly rest till realisation.2. The claim of the Bank was contested by the petitioners on various grounds. In September, 2003, besides filing their written statement, they also filed counter claim, claiming certain amount against the Bank. During the pendency of those proceedings, petitioners filed an application for production of documents. This application was contested by the Bank. The parties had also filed affidavits and annexed various ...
National Small Industries Corporation Ltd. Vs. BasseIn Metals P. Ltd.
Court: Mumbai
Decided on: Oct-11-2007
Reported in: [2008]143CompCas194(Bom)
Anoop V. Mohta, J.1. The petitioner, a Government of India Enterprise, has invoked the provisions of Sections 433 and 434 of the Companies Act, 1956 (for short, 'the Act'), as in spite of the service of statutory notice, the respondent-company failed to make the payment of Rs. 3,68,29,634.91 (rupees three crores sixty eight lakhs twenty nine thousand six hundred thirty four and ninety one paise only), amount due and payable with interest up to June 30, 2001. Therefore, present winding up petition dated August 2, 2001.2. On November 9, 1992, the respondent-company entered into an agreement with the petitioner by availing Raw Material Assistant Scheme, for which assistance in the form of finance was to be made by the petitioner on parties introduced by the respondent-company.3. An undertaking and a personal guarantee is executed by the respondent-company. The respondent-company had been availing of financial assistance. In response to the payment due some time in the year 1998 two cheque...
Yusuf Mohamed Lakdawala Vs. Sudhakar Kashinath Bokade
Court: Mumbai
Decided on: Oct-11-2007
Reported in: 2008(2)MhLj682
D.Y. Chandrachud, J.1. Admit. With the consent of the learned Counsel and at their request taken up for hearing and final disposal.2. Appeal 494 of 2007 has been instituted by the plaintiff while Appeal (Lodg.) 625 of 2007 has been instituted by the defendant in order to impugn the correctness of an ad interim order dated 26th June, 2007 passed by the Learned Single Judge. The Learned Single Judge, while issuing an ad interim injunction in terms of prayer Clause (a), restraining the defendant from transferring, alienating or creating any third party rights in respect of the suit property imposed a condition that the plaintiff shall deposit the entire balance of the consideration of Rs. 9.21 Crores. The plaintiff is aggrieved by the condition of deposit subject to which the order of injunction has been issued, while the defendant is aggrieved by the order of injunction restraining him from alienating the property which forms the subject matter of the suit.3. The application for ad inter...
Akkatai Rama Porwadi and ors. Vs. Shankar Bhima Magdum
Court: Mumbai
Decided on: Oct-10-2007
Reported in: 2007(6)ALLMR713; 2007(6)BomCR475; 2008(2)MhLj354
Kanade V.M., J.1. Petitioner is challenging the judgment and order passed by the Maharashtra Revenue Tribunal in Revision Application No. MRT-KP-205/1983 whereby the MRT was pleased to dismiss the Revision Application filed by the petitioner herein and confirm the order passed by the SDO.2. Brief facts in nutshell are as under:The suit lands were mortgaged in the year 1921 to Shri Laxman Rama Porwade. The mortgagor, later on, leased these lands to the father of respondent No. 1 as tenant on 1.4.1957. The father of respondent No. 1 deceased Bhima Magdum was the tenant in suit lands. Initially, proceedings under Section 32-G were initiated. However, they were dropped by the ALT by its order dated 30/ 11/1962. The appeal filed by respondent No. 1's father was dismissed on 20/6/1963. In revision, MRT was pleased to remand the matter for fresh inquiry. Thereafter, fresh proceedings were initiated. The ALT fixed the purchase price in favour of respondent No. 1's father. This order was again ...
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