Mumbai Court March 2007 Judgments
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State of Goa, Represented by Executive Engineer Vs. Mr. Manohar D. Har ...
Court: Mumbai
Decided on: Mar-23-2007
Reported in: 2007(3)ALLMR459; 2007(4)BomCR352; (2007)109BOMLR785; 2007(6)MhLj103
S.A. Bobde, J.1. This appeal is filed against the judgment and order of the Adhoc Additional District Judge, Fast Track Court-I, South Goa, Margao, rejecting the application filed by the State of Goa, the appellant herein, under Section 34 of the Arbitration and Conciliation Act, 1996, for setting aside the award dated 28/02/2003, passed by the sole Arbitrator, Shri G.D. Kamat.2. The only contention pressed by Mr. Shirodkar, the learned Counsel for the appellant is as to the rate of interest awarded by the learned Arbitrator. The learned Arbitrator has allowed interest at the rate of 12% p.a. from 1/04/1990. It is the date on which the building had been completed. This rate of interest is awarded on the sum of Rs. 45,241.28 paise in respect of claims no. 1 and 8 which pertain to escalation and the balance final bill. The Arbitrator has awarded interest at the rate of 9% p.a. from 1/04/1990, till the date of the reference i.e. 4/10/2001 and at the rate of 6% p.a. from 5/10/2000 and unti...
Mr. Surupsingh Hrya Naik Vs. State of Maharashtra Through Additional S ...
Court: Mumbai
Decided on: Mar-23-2007
Reported in: AIR2007Bom121; 2007(3)ALLMR442; 2007(3)BomCR134; (2007)109BOMLR844; 2007(4)MhLj573
F.I. Rebello, J.1. Rule. Heard forth with.2. The petitioner is presently a Member of the Legislative Assembly of the State of Maharashtra. Contempt Proceedings had been initiated against the petitioner by the Honourable Supreme Court, which imposed on him imprisonment of one month, by judgment dated 10th May, 2006. The petitioner on 12th May, 2006 surrendered to the Police Authorities in Mumbai and was taken in custody. On 14th May, 2006 Petitioner was shifted to Sir J.J. Hospital, Mumbai on account of suspected heart problems as well as low sugar and blood pressure. According to the petitioner he underwent medical treatment at Sir J.J. Hospital, Mumbai for the period of 21 days and was discharged on 5th June, 2006. Petitioner served the remaining tenure of imprisonment till 11th June, 2006 in jail on which day he was released from custody on completing the period of sentence. The petitioner contends that he is suffering from various diseases such as diabetes, heart problem and also bl...
Mineria Nacional Limitada, a Partnership Firm and Shri Anil Vasudeva S ...
Court: Mumbai
Decided on: Mar-23-2007
Reported in: (2007)109BOMLR789
N.A. Britto, J.1. Heard Mr. A. N. S. Nadkarni, the learned Counsel on behalf of the applicant and Mr. J. E. Coelho Pereira, the learned Senior Counsel on behalf of the respondent no.2, other respondents supporting him in his arguments. 2. The applicant has filed an application dated 16-1-2006 for condonation of delay to file an appeal under Section 10F of the Companies Act, 1956 (Act, for short) against the Order dated 26-9-2005 of the Company Law Board. 3. This application has taken full circle so to say. It was filed before the Company Judge of this Court, dealing with Company matters but by Order dated 7-7-2006 was directed to be placed before the Division Bench and the Division Bench in turn by Order dated 29-8-2006 held that the view taken in Bais Surgical & Medical Institute Pvt. Ltd. needed reconsideration and after that, the matter was referred to the Full Bench. The learned Full Bench by its decision dated 4-10-2006 held that an appeal from a decision or order of the Company L...
The Chairman, Shri Chhatrapati Shivaji Maharaj Shikshan Sanstha and an ...
Court: Mumbai
Decided on: Mar-23-2007
Reported in: 2007(3)BomCR651; 2007(4)MhLj68
V.C. Daga, J.1. Petitioners-the school and its Management have challenged the judgment and order dated 13th April, 2004 passed by the School Tribunal, Mumbai in Appeal No.MUM/108/1997, setting aside the order of termination dated 31st March, 1996; and directing reinstatement of respondent No. 1 on the post of Peon with full backwages and other consequential benefits. FACTS:Factual background, in nutshell, is as under:2. Respondent No. 1 herein was appointed as a Peon on probation by an order dated 1st February,1995 for a period of two years in the petitioner No. 2 school run by the respondent No. 1 Trust. The said appointment of respondent No. 1 was approved by the Education Inspector vide his order dated 15.11.1995 for one academic session i.e. till the expiry of 30th April, 1996 subject to the condition that backlog should be filled in. 3. At this juncture, it will be relevant to note that the appointment of the respondent No. 1 as a Peon was in a permanent post which became availabl...
Swati Anil Sakpal Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-23-2007
Reported in: AIR2007Bom177; 2008(1)ALLMR125; 2007(3)BomCR628; 2007(4)MhLj804
Rebello F.I., J.1. Rule. Heard forthwith.2. It is the case of the petitioner that she was married to the deceased Anil Sakpal on 4.5.1999. The husband expired on 23.2.2006. The petitioner thereafter applied for full time course for seats in D.Ed. courses reserved for widows. The petitioner however, was called upon to produce the marriage registration certificate. The petitioner applied but considering Section 6 of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, the same was refused. The petitioner has therefore filed this petition to challenge the constitutional validity of Section 6 and also for other reliefs.3. Section 6 of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 reads as under:6. Duty of husband to submit memorandum for registration of marriages (1) (a): On solemnization of a marriage, it shall be the responsibility of the husband to present, within a period of ninety days fro the date of solemniz...
New India Assurance Co. Ltd. Vs. Ranglal Punju Nikam and ors.
Court: Mumbai
Decided on: Mar-23-2007
Reported in: 2007ACJ1483; 2007(5)ALLMR151; 2007(4)MhLj321
N.V. Dabholkar, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 is directed against the judgment and award passed by the Member, Motor Accident Claims Tribunal, Jalgaon in M.A.C. Petition No. 194/2000. By the impugned judgment and award, the learned Member has granted compensation of Rs. 13,03,320/- to the claimant with interest at the rate of 6% p.a. from the date of petition (2-3-2000) till the date of actual payment or deposit in the Court. Original Respondents No. 2 and 3 (owner and Insurance Company) are directed to satisfy the liability.2. The present appeal being by Insurance Company, henceforth for the sake of convenience and brevity, we shall refer to the parties as claimant, owner and Insurance Company. Present respondent No. 1 was the petitioner before the Tribunal and he is the claimant/person injured in the accident in question. Present respondent No. 3 is the owner of the vehicle involved in the accident which was insured with the appellant Insurance Compan...
Shivram Bhika Bodkhe and ors. Vs. Sadashiv Laxman Sanap
Court: Mumbai
Decided on: Mar-23-2007
Reported in: AIR2007Bom162; 2007(5)ALLMR180; 2007(4)BomCR861
Kingaonkar V.R., J.1. This Second Appeal arises out of concurrent findings rendered by the trial Court and the first Appellate Court holding that document dated 29th October, 1963 styled as 'Mudat Kharedi Khat' executed by deceased defendant Shivram in favour of Sadashiv Laxman Sanap, is a mortgage by conditional sale. The trial Court decreed suit for redemption of the mortgage. The first Appellate Court dismissed defendants' appeal (R.C.A. No. 490/1989). The legal representatives of deceased defendant Shivram have, therefore, preferred this Second Appeal.2. Undisputedly, the plaintiff - Sadashiv owned the suit land bearing Gat No. 81, admeasuring 61 Ares, which he transferred in favour of deceased defendant - Shivram by virtue of the document in question i.e 'Mudat Kharedi Khat' dated 29th October, 1963, for Rs. 400/-. The possession was delivered to the defendant at the time of execution of the document. The defendant was to pay the land revenue. The parties agreed that the amount of...
Sanjeevkumar Rajdharrao More Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-23-2007
Reported in: 2007(5)ALLMR114; 2007(6)BomCR759
Borde R.M., J.1. The petitioner claims to be belonging to Tokre Koli', a Scheduled Tribe. It is the case of the petitioner that for seeking employment, he obtained a certificate certifying that he belongs to Tokre Koli', a Scheduled Tribe, which was referred to the Scrutiny Committee for verification in the year 1994. It appears that the petitioner appeared for the State Civil Services' Examination held in the year 1992. He was qualified in the preliminary examination and was called upon to appear for main examination. The petitioner got through the main examination held in the year 1992 and was called for the interview and after undergoing the oral test successfully, the petitioner was selected for the post of Tahsildar along with several other candidates. The Tribe claim of the petitioner was required to be referred to the Committee for verification. As such, he was called upon to submit documents in support of his claim. It appears that the matter which was referred to the Committee...
Jindal Drugs Ltd. Vs. Commissioner of Customs (Export)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-2007
Reported in: (2007)(120)ECC299
1. Two Quantity Based Advance Licences were issued to the appellants herein who are exporters of aromatic chemicals, natural essential oils, various dyes and dye intermediates etc., by the office of the Joint Chief Controller of Imports and Exports, Bombay (subsequently the Joint Director General of Foreign Trade, Mumbai) bearing (a) Advance Licence No. 2073306 dt. 23.1.1995 and DEEC Book No. 147981 dt. 23.1.1995, and (b) Advance Licence No. 2073442 dt. 7.2.1995 and DEEC Book No. 156023 dt.15.2.1995, under the provisions of Chapter 7 of the EXIM Policy 1992-97. In accordance with these licences, the appellants imported Beta Napthol and Aniline Oil and clearance thereof was permitted duty free in terms of Notification No. 204/92-Cus. dt. 19.5.1992. In the advance licence dt. 23.1.1995, M/s. Amrut Dye Chem Industries were shown as supporting manufacturer and five other companies were shown as supporting manufacturers in the second licence. The imported Beta Naphtol was delivered by the ...
insure Policy Plus Services (India) Pvt. Ltd., a Company Registered Un ...
Court: Mumbai
Decided on: Mar-22-2007
Reported in: 2007(3)ALLMR462; 2007(3)BomCR98; (2007)109BOMLR559; [2007]79SCL583(Bom)
F.I. Rebello, J. 1. The 1st Petitioner, a Company registered under the Companies Act, is engaged inter alia in the business of assignment of life insurance policies issued by the 1st respondent. The 2nd petitioner is the Director and shareholder of 1st petitioner. The 1st respondent is the statutory corporation established under Section 3 of the Life Insurance Corporation Act, 1956 which hereinafter shall be referred to as the Life Insurance Act. The respondent No. 2 is the statutory authority established under Section 3 of the Insurance Regulatory & Development Authority Act, 1999 which hereinafter shall be referred to as IRDA. According to the petitioners, their business involves acquiring life insurance policies from the policy holders by paying value consideration to the policy holder. An Insurance policy would be assigned by the policy holder to the 1st petitioner in lieu of valid consideration. The assignment will be registered and recorded in the books of the 1st respondent. The...
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