Mumbai Court October 2007 Judgments
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Vijay K. Gupta Vs. Nalini Varjeevandas Shah,
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2007(6)BomCR259
S.A. Bobde, J.1. This Writ Petition is directed against the concurrent findings of both the Courts below that the respondents' suit for eviction should be decreed. The Courts below have decreed the suit of the respondent-landlord on the ground that the respondent No. 2 Jayaben sub-let the premises to the petitioner in contravention of Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as the 'Bombay Rent Act'. At the outset, it may be noted that the tenant Jayaben through whom the petitioner claims interest had also challenged the decree by filing Writ Petition No. 3099 of 2001 which has been withdrawn on 13.4.2007. It may also be noted that earlier the petitioner and Jayaben had filed common Written Statement before the trial Court. Thereafter, both the parties withdrew the common Written Statement and filed separate Written Statement in which Jayaben stated that the petitioner had been inducted by her by giving a table space...
Rashtriya Chemicals and Fertlizers Limited a Government of India Under ...
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2007(6)BomCR12; [2007(113)FLR810]; 2007(1)MhLj938
D.Y. Chandrachud, J.1. Before the Learned Single Judge an order of the Industrial Tribunal holding that it was for the employer to lead evidence first in a reference to adjudication arising out of a notice of change under Section 9A of the Industrial Disputes Act, 1947 was called into question. The learned Single Judge dismissed the Petition filed by the Appellant seeking to question the correctness of the order of the Industrial Tribunal. The order of the Learned Single Judge is the subject matter of the Appeal which is being disposed of by this judgment.2. The service conditions of the workmen of the Appellant are regulated by industrial settlements. On 23rd August, 1985, 17th February, 1987 and 11th April, 1987 industrial settlements were entered into between the workmen and the management under which a five day working week comprising 42 hours came to be adopted. On 25th June, 1998 the management issued notices intending to terminate the settlements together with notices under Sect...
Ashok Kashinath Deshmukh Vs. Gopala Kashinath Deshmukh and ors.
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2007(6)BomCR254; 2008(1)MhLj768
V.R. Kingaonkar, J.1. This appeal is directed against Judgment and decree rendered by learned Civil Judge (S.D.), Sangamner, in Spl.C.S. No. 193 of 1996. Appellant is original defendant No. 6.2. For understanding relationship between the parties, following genealogical table may be reproduced.Govind (died 1962)------------------------------------------------------ Godabai Seetabai (D1)(died 31.1.74) ------------- ------------------------------- Narmadabai Hausabai Krushnabai Sakharbai Chahabai(Died on (Died on (D2) (D3) (D4)31.7.91) 10.3.80) Budit----------------------------------------------------------------------- Gopala Annasaheb Chandrabhan Shivaji Ashok Shishila LahanabaiPltff.1 (D5) (D7) Pltff.2 (D6) (D8) (D9)(Son) (Son) (Son) (Son) (Son) (Daughters)3. Original defendant Nos. 10 to 12 are purchasers of part of the suit properties from the appellant by virtue of a sale deed dated 12.1.1996 (Exh.86). Original defendant Nos. 13 to 19 are formal parties, who were impleaded because t...
Vijay Ganesh Gondhlekar Vs. Indranil Jairaj Damale
Court: Mumbai
Decided on: Oct-04-2007
Reported in: II(2008)BC695; 2008CriLJ657; 2007(6)MhLj419
C.L. Pangarkar, J.1. Rule2. Heard finally with consent of parties.3. This is an application under section 482 of Criminal Procedure Code seeking to quash order dated 12-3-2007 passed by the Sessions Judge whereby he confirmed the order of the Magistrate.4. The facts are as follows:The present application under Section 482 of Criminal Procedure Code is filed by the accused in Criminal Complaint instituted under Section 138 of Negotiable Instruments Act. It is alleged that the accused/applicant had borrowed a sum of Rs. 20,000/- from the complainant on 1-3-1995 and the accused-applicant issued a cheque in favour of the complainant. The loan was to be repaid within a period of one year but was not, and an extension of one more year was granted. Further extension of yet another one year was sought and it was also granted by the complainant and ultimately time was extended upto the year 1999. The cheque was tendered in the bank thereafter and it was dishonoured. Hence the complaint came to ...
Padmakar Dattatraya Mane Deceased Through His Lrs. Arvind Dattatraya M ...
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2008(2)ALLMR208; 2008(3)BomCR790; 2008(1)MhLj226
R.M. Savant, J.1. By this Civil Revision Application the petitioner takes exception to the judgment and order dated 5-4-2007 passed by the Ad hoc District Judge (II), Jalgaon dismissing the appeal filed by the petitioner above named and thereby confirming the judgment and decree dated 24-7-2003 passed by the learned Civil Judge, Junior Division in Regular Civil Suit No. 373 of 1990 and Misc. Application No. 69 of 1988.2. The petitioner is the heir of one Padmakar Dattatraya Mane. The petitioner and the said Padmakar are the sons of Dattatraya Mane who was the tenant of two rooms and a gallery on the upper floor of Municipal house No. 416 (old)/67 (new) which is owned by the respondent to the above Civil Revision Application. The said original tenant Dattatraya died in the year 1978. It is the case of the petitioner that the said Padmakar and he were residing with Dattatraya i.e. their father at the time of his death. Padmakar had filed an application for fixation of standard rent under...
Manisha W/O Madhukar Mate Vs. State of Maharashtra and anr. and Shrira ...
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2008(1)MhLj130
C.L. Pangarkar, J.1. Applicant accused seeks to quash the complaint case and the F.I.R. registered on the basis of the complaint at the directions of the Magistrate.2. Facts of the case are as follows:Applicant was elected as a President of the Municipal Council Akot for the period 2001-06. Government had sanctioned vide its letter dated 1-6-1996 sumptuary allowance payable to the President of the Municipal Council. The amount sanctioned by the Government was Rs. 10,000/-. The applicant accused was entitled to withdraw this amount since it was to be spent by her towards the entertainment of the guests. The applicant withdrew the said amount on 31-3-2003. Thereafter audit of the Municipal Council was conducted for the period 2001-03 on 7-12-2003. A note was prepared by the auditor and auditor has taken objection with regard to withdrawal of the said amount vide No. 53. It is alleged by the non-applicant-complainant that the present applicant accused committed misappropriation of Rs. 10,...
Prakash S/O Gopalrao Pohare Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2008(1)MhLj139
C.L. Pangarkar, J.1. Rule. Heard finally with consent of parties.2. This petition under Section 482 of the Code of Criminal Procedure is filed for quashing the F.I.R. lodged by respondent No. 2, 3. The Petitioner is an Editor of a Daily News Paper known as 'Deshonnati', while respondent No. 2 is said to be a Press Reporter. It is alleged that on 4-6-2007, the respondent No. 2-the complainant had gone to the office of Daily Deshonnati in order to hand over the news items. Some other news Reporters were also present there. At that time, it is alleged, that the applicant who is an accused was sitting in his cabin, while the complainant was about to leave the office. It is alleged that he was called by the peon of the applicant/accused. When he came inside, it is alleged that, he was abused by the applicant/accused on the basis of his caste. At that time, it is also further alleged that, one Ajay Bhujade and Naresh Deshmukh were sitting in the chamber. Respondent No. 2 thereafter lodged re...
Jahangir Yusuf Qureshi and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-04-2007
Reported in: 2007(6)ALLMR886; 2008(3)MhLj437
A.H. Joshi, J.1. Rule. By consent made returnable forthwith.2. Heard learned Advocate Shri B. G. Kulkarni for the petitioners, learned A.G.P. Shri P. D. Kothari, for respondents No. 1, 3 and 4, learned Advocate Shri P. C. Marpakwar for respondent No. 2 and learned Advocate Shri M.V. Mohokar for respondent No. 5.3. Learned Advocate Shri Mohokar and learned A.G.P. Shri Kothari argued in favour of the order, while learned Advocate Shri Marpakwar stated that spirit in issuing Circular dated 15th June, 1996 be taken into account.4. According to learned Advocate Shri B. G. Kulkarni, case in question is covered by two reported judgments of this Court namely, (1) 2002(4) ALL MR 741 between Kavita Sakharam Chavan v. Commissioner, Kokan Division, Navi Mumbai and (2) 2007(5) Mh.L.J. 109 between Shivaji v. State of Mah. According to learned Advocate Shri Kulkarni now it is settled law that Section 145(1A) of the Bombay Village Panchayat Act, 1958 will have to be read as a directory, and discretion...
Rashtraiya Chemicals and Fertilizers Limited Vs. Rcf Employees Union
Court: Mumbai
Decided on: Oct-04-2007
Reported in: (2008)IILLJ1032Bom
D.Y. Chandrachud, J.1. Before the learned single Judge an order of the Industrial Tribunal holding that it was for the employer to lead evidence first in a reference to adjudication arising out of a notice of change under Section 9-A of the Industrial Disputes Act, 1947 was called into question. The learned single Judge dismissed the Petition filed by the Appellant seeking to question the correctness of the order of the Industrial Tribunal. The order of the learned single Judge is the subject matter of the Appeal which is being disposed of by this judgment.2. The service conditions of the workmen of the Appellant are regulated by industrial settlements. On August 23, 1985, February 17, 1987 and April 11, 1987 industrial settlements were entered into between the workmen and the management under which a five day working week comprising 42 hours came to be adopted. On June 25, 1998 the management issued notices intending to terminate the settlements together with notices under Section 9-A...
Warren Trading Pvt. Ltd. and Shri Vs. Cc(P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-03-2007
Reported in: (2008)(124)ECC20
1. These appeals are directed against Order-in-Original No.CCP/ADJ/SR/07A/2007 dated 28.3.2007.2. The relevant facts that arise for consideration are that the officers of Marine and Preventive Wing of Customs (Prev.) Commissionerate visited the godown located at a place called Bhiwandi on 17.2.2003 and noted that imported goods i.e. polyester fabrics were lying there. The officers directed the godown-keeper to produce the document or record of such foreign originated fabrics. As the godown-keeper could not produce any document / record of the foreign origin fabrics, the officers, in the presence of two independent panchas and godown-keeper, systematically inventorised the fabrics of foreign origin in the godown premises. Subsequently on 29.5.2003 the officers seized the goods and deposited the same in Customs godown at Todi Industrial Estate. The appellants herein claimed the ownership of the said goods and in support of their claim, they submitted copies of bills of entry No. 000235 ...
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