Mumbai Court October 2007 Judgments
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United India Insurance Co. Ltd. through It's Divisional Manager and au ...
Court: Mumbai
Decided on: Oct-23-2007
Reported in: 2009ACJ669; 2008(1)ALLMR709; 2008(1)BomCR649; 2008(3)MhLj439
V.R. Kingaonkar, J.1. Group of a dozen of these appeals is being disposed of by this common Judgment inasmuch as they are intertwined and involve common questions of facts and law. Half dozen of these appeals are preferred by the New India Insurance Company (For short - N.I.I. Co.) and half of them are by the United India Insurance Co. Ltd. (For short - U.I.I. Co.). Both the insurers challenge awards rendered under provision of Section 3 of the Workmen's Compensation Act (8 of 1923) (For short -W.C. Act).2. U.I.I. Co. is insurer for tractor vehicle bearing No.MH-22-B-6908. N.I.I. Co. is insurer for trolley/trailer No. MH-23-C-8296. The tractor and the trolley are owned by respondent - Dnyanoba.3. The incident giving rise to six claim petitions occurred on January 14, 1991. The tractor with the attached trolley were sent for to fetch clay from an earthen fortress of village Dighol Islampur. The said work was assigned to the employees by the vehicle owner - Dnyanoba. The tractor and the ...
Shri Umesh Tukaram Kamble and ors. Vs. Shri Shamrao Sakharam Patil and ...
Court: Mumbai
Decided on: Oct-23-2007
Reported in: 2008(1)BomCR639; 2008(2)MhLj727
D.Y. Chandrachud, J.1. Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the contesting Respondents waives service. At the request of Counsel taken up for hearing and final disposal. An election was held under the provisions of the Bombay Village Panchayats Act, 1958 ('the Act') to the Village Panchayat of Sagaon in the Taluka of Kagal. The results of the election were declared on 20th June 2005. An election dispute was filed by the First to Eleventh Respondents before the Civil Judge, Junior Division, Kagal on 25th August 2005 under Section 15 of the Act. The dispute was filed after the lapse of a period of two months and four days; whereas under Sub-section (1) of Section 15, the validity of an election to a Panchayat can be brought in question at any time within 15 days after the date of the declaration of the results of the election. An application for condonation of delay was filed on the ground that (i) The applicants were illiterate women; (ii) Cer...
Nicholas Employees Co-operative Credit Society Ltd. Vs. Union of India ...
Court: Mumbai
Decided on: Oct-23-2007
Reported in: 2008(1)BomCR627; 2008(2)MhLj164
D.Y. Chandrachud, J.1. Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the Respondents waives service. By consent of Counsel and at their request taken up for hearing and final disposal.2. The Petitioner before the Court is a Co-operative Society, registered under the Maharashtra Co-operative Societies' Act, 1960, consisting of the employees of Nicholas Piramal India Ltd. On or about 8th March 1996, the Petitioner invested an amount of Rs. 2 lakhs in Kisan Vikas Patra Certificates ('KVPs') issued by the Department of Posts and Telegraphs and the Superintendent of Post Offices, North East Division, Bhandup (the Second and Third Respondents) under the provisions of the Government Savings Certificates Act, 1959. The certificates stipulated that a sum of Rs. 4 lakhs would be paid to the Petitioner on 8th September 2001 upon the expiry of a period of five years and six months from the date of the issuance of the certificates. On 2nd July 1997, a further amou...
Sarva Shramik Sangh Vs. Janprabha Offset Works and anr.
Court: Mumbai
Decided on: Oct-23-2007
Reported in: (2008)ILLJ271Bom
M.G. Gaikwad, J.1. Heard learned advocates for respective parties. With consent of parties, appeals are heard and finally decided at the stage of admission.2. These appeals are directed against a common judgment in Writ Petitions No. 854/2003 and 925/2003 whereby the learned single Judge by his judgment dated March 6, 2007 allowed both the writ petitions and set aside the order passed by learned Industrial Court Jalgaon in Complaint ULP No. 482/1999. In the original complaint, the press is respondent No. 1 and the newspaper is respondent No. 2. Hence in the judgment we are going to refer the press and paper as respondent No. 1 and respondent No. 2 respectively, although they are recited in different order in the two appeals.3. The appellant Union filed Complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 in industrial Court at Nasik alleging unfair labour practices. The Complaint came to be filed through one S.N. ...
Anjali Deepak Mundlik and anr. Vs. Returning Officer and ors.
Court: Mumbai
Decided on: Oct-23-2007
Reported in: 2008(1)ALLMR758; 2008(1)BomCR673; 2008(3)MhLj187
Patil Naresh H., J.1. Heard.2. Notice for final disposal at admission stage was issued on 28/9/2007. Rule made returnable forthwith.3. This Letters Patent Appeal is preferred against the order passed by the learned Single Judge (Coram : S.B. Deshmukh, J.), in Writ Petition No. 4288 of 2007, on 13th September, 2007.4. The appellants are respondents in Election Petition No. 1 of 2005 filed by Rajendra Kumar Kisanlal Jaiswal-respondent No. 2 herein, before the Civil Judge (Junior Division), Jalna.5. Admitted facts are that on 23/10/2005, elections to Gram Panchayat, Badnapur, Tq. Badnapur were held. The appellants and the respondent No. 2 herein contested the election from Ward No. 6. On 25/10/2005, the results were declared. There were three seats in Ward No. 6. The appellants were elected. The appellant No. 13 se-cured 394 votes and appellant No. 2 secured 418 votes. Respondent No. 3 Satyanarayan Jaikisan Girada was also elected.6. According to appellants, total votes polled were 850, o...
Sanghvi Swiss Refills (P) Ltd. Vs. Smt. Arti Handa, Assistant Commissi ...
Court: Mumbai
Decided on: Oct-23-2007
Reported in: (2008)215CTR(Bom)181; [2008]300ITR276(Bom)
F.I. Rebello, J.1. Petitioners have challenged the notice dt. 30th March, 1989 issued by the respondent No. 1 under Section 148 of the IT Act, 1961, seeking to reopen the petitioner's assessment for the asst. yr. 1984-85, for which the relevant previous year is year ended 30th June, 1983. Search operations were carried out on 27th Sept., 1988 at the business and residential premises amongst others of the petitioners. Assessment for the asst. yrs. 1972-73 to 1984-85 was sought to be reopened. Petitioners challenged the assessment for some of the years by separate petition being Writ Petn. No. 1374 of 1989. Petitions had been admitted and interim relief had been granted. Subsequently those petitions have been allowed in favour of the petitioner by order dt. 22nd Aug., 2005 [reported as Sanghvi Swiss Refills (P) Ltd. v. Smt. Arti Handa, Asstt. CIT and Anr. (2005) 199 CTR (Bom) 4852. The petitioner is in the business of manufacturing of ball pens and refills as also ink. Insofar as manufac...
The Commissioner of Income Tax Vs. Terna Shetkari Sahakari Sakhar Kark ...
Court: Mumbai
Decided on: Oct-22-2007
Reported in: (2008)215CTR(Bom)124; [2008]301ITR222(Bom)
J.P. Devadhar, J.1. This appeal is filed by the Commissioner of Income Tax, Aurangabad under Section 260A of the Income Tax Act, 1961 against the order passed by the I.T.A.T., Pune, Bench-A, Pune bearing ITA No. 256/PN/05 dated 17/2/2006 for AY 1992-93.2. Although several questions are raised in the appeal, the appeal is admitted on the following reframed questions of law and the appeal is taken up for final hearing by consent of both the parties:1. Whether the Appellate Tribunal was right in law in holding that provisions of Section 40A(2)(a) are not applicable to a co-operative Society?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the additional payment over and above the statutory minimum price (SMP) was cane price and not diversion of profit and as such allowable as business expenditure under Section 37(1) of the Income Tax Act, 1961?3. Whether on the facts and in the circumstances of the case cane price Khodki charg...
Vinod S/O Gulabrao Kinake Vs. the State of Maharashtra Through P.S.O.
Court: Mumbai
Decided on: Oct-22-2007
Reported in: (2007)109BOMLR2312
D.D. Sinha, J.1. Heard Shri Badar, learned Counsel for appellant Vinod in Criminal Appeal No. 317/2004, and Shri Deopujari, learned Additional Public Prosecutor for the respondent State.2. Criminal Appeal No. 317/2004 is filed by appellant Vinod against the judgment and order dated 3/2/2004 passed by the Ad hoc Additional Sessions Judge, Pusad in Sessions Trial No. 90/2000 whereby appellant Vinod is convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 100/- and in default, to suffer simple imprisonment for one month. Similarly, appellant Vinod is also convicted for the offence punishable under Section 201 of Indian Penal Code and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs. 100/- and in default, to suffer simple imprisonment for one month.3. The State has preferred Criminal Appeal No. 337/2004 against the judgment and order of acquittal, dated 3.2.2004 passed b...
Mr. Kishorilal S/O Fulchand Baraskar Vs. State of Maharashtra Through ...
Court: Mumbai
Decided on: Oct-22-2007
Reported in: (2007)109BOMLR2363
B.P. Dharmadhikari, J.1. The appellant has challenged the judgment dated 19.01.2002 delivered by the Additional Sessions Judge, Achalpur in Sessions Trial No. 25/2001, holding him guilty of offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer life imprisonment. He has also been ordered to pay fine of Rs. 1000/- and in default to undergo further rigorous imprisonment for six months. The deceased - Munni @ Smt. Jasmai, was the maternal sister of the appellant.2. Prosecution case in brief is as under:Deceased Munni was married to Sukha Belsare i.e. P.W. No. 4 about four years prior to the date of incident and she was living at village Pandhari with her husband. Her dead body was recovered by police from a field at Achalpur on 10.1.2001. About 4-5 days before 10.1.2001, accused - appellant went to the house of the deceased and represented that her mother was serious and admitted in hospital at Paratwada and on that pretext he took her to Paratwada. Her hus...
Skyline Aquatech Exports Ltd., Vs. Sachima Agro Industries Pvt. Ltd. a ...
Court: Mumbai
Decided on: Oct-22-2007
Reported in: 2008(2)BomCR267; (2007)109BOMLR2757; 2008(2)MhLj262
N.A. Britto, J.1. Rule. By consent heard forthwith. 2. Challenge in this petition, filed under Section 482 of the Code of Criminal Procedure, 1973, is to the order dated 30/06/2007 of the learned Sessions Judge, Panaji upholding the order dated 3/11/1998 of the learned JMFC issuing process against the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short). 3. The Complainant and A1 are registered companies. A2 to A7 are the directors of A1. 4. This petition has been filed by accused nos. 1,2,5 & 6 in the said complaint filed by the Complainant. 5. The subject matter of the complaint are two cheques, both dated 29/12/1997 for a sum of Rs. 12,75,000/-and Rs. 10,00,000/-issued on behalf of accused no.1/company of which accused no.2 is the Manager Director. The said two cheques were initially signed by two Directors of the said company namely A3/D'Souza and A4/Kumar as company's authorized signatories. As per the Complainant the said two cheques dated 2/05/1997 ...
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