Mumbai Court April 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
R.K. Patel and Co., Tobacco Manufacturers (a Registered Partnership Fi ...
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(3)ALLMR731; 2008(3)BomCR850; (2007)109BOMLR739; 2007(5)MhLj530; LC2007(2)165; 2008(37)PTC507(Bom)
P.V. Kakade, J.1. All these appeals arise out of the common order dated 12.10.2004 passed by the Additional District Judge, Amalner allowing the application (Exh.6) filed by the plaintiff for temporary injunction and rejecting the defendant No. 1s application (Exh.16) for temporary injunction, as well as against rejection of application (Exh.45) for appointment of receiver. The proceedings arise out of the said applications for temporary injunction filed by the parties in Trade Mark Suit No. 1 of 1999 wherein the present respondents in both the proceedings who are plaintiffs No. 1 to 3, filed the suit against the defendants for declaration, permanent injunction on the basis of infringement of trade marks, passing off and revocation of user agreement and other consequential reliefs.2. The plaintiffs -respondents moved an application (Exh.6) for grant of temporary injunction against the defendant No. 1 whereby as the defendant No. 1 moved an application (Exh.16) for the grant of temporar...
Sun Pharmaceutical Industries Limited Vs. the Union of India (Uoi) and ...
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(6)BomCR374; (2007)109BOMLR943; 2007(118)ECC470; 2007LC470(Bombay); 2007(218)ELT495(Bom); 2007(4)MhLj371
ORDER1. Heard. 2. Perused petition. 3. The petitioner has filed this petition under Article 226 of the Constitution of India against the order dated 20th April, 2006 passed by the Settlement Commission, Customs and Central Excise, Mumbai (respondent No. 3) to the extent the petitioner is directed to pay further duty of Rs. 84,76,680/-with interest thereon at the rate of 10% per annum and a penalty in the sum of Rs. 10,60,000.00. THE FACTUAL MATRIX 4. The factual matrix reveals that the petitioner is a company under Companies Act, 1956 and is a successor of one M/s. Pradeep Drug Company Ltd. (P.D.C.L.). The reference to the petitioner herein will mean and include reference to the P.D.C.L. or the petitioner or both. The P.D.C.L.-company, which has since merged with the petitioner company, was served with show cause notices under the provisions of Sections 28(1), 114-A and 28-AB of the Customs Act, 1962 ('the Act' for short) for violation of Sections 58, 59, 68, 71 and 72 of the Act and c...
Shri PravIn Niwritti Sawant Vs. Sou. Nisha PravIn Sawant and
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(4)MhLj438
J.H. Bhatia, J.1. Mr. Marwadi, learned Advocate appointed on behalf of the petitioner, seeks leave to implead the State of Maharashtra as respondent No. 2. Leave granted. Amendment be effected immediately.2. Heard Mr.Marwadi and Mr. Adsule learned APP for the State.3. To state in brief the respondent Nisha Sawant is the wife of the petitioner Pravin. On account of certain matrimonial disputes between the two, they were living separately. The respondent-wife filed criminal Misc.Application No. 130/1997 before the J.M.F.C., Ichalkaranji seeking the maintenance under Section 125 Cr.P.C. After hearing the parties, the learned Magistrate granted maintenance. That order was challenged by the petitioner in revision application, which was also dismissed. After that the wife and minor daughter of the petitioner filed an application for execution of that order of maintenance under Section 125(3) Cr.P.C. On 5/3/2004 a notice was issued to the petitioner. It appears that the matter was pending for...
Shri PravIn Niwritti Sawant Vs. Hon'ble Shri J.B. Anandgaonkar Saheb, ...
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2008CriLJ984; 2007(5)MhLj838
J.H. Bhatia, J.1. Mr. Marwadi, learned Advocate appointed on behalf of the petitioner seeks leave to implead the State of Maharashtra, as respondent No. 4. Leave granted. Amendment be effected immediately.2. Rule. Rule made returnable forthwith. With consent of the Counsel for both the parties, the matter is taken up for final hearing immediately. 3. To state in brief, the wife and minor children of the present petitioner had filed Criminal Misc. Application No. 130/1997 under Section 125 of Cr.P.C. for maintenance before the J.M.F.C., Ichalkarnji. The application was contested by the petitioner. After hearing the parties, respondent No. 1 Mr. J.B. Anandgaonkar, the then J.M.F.C., passed the order dated 14/11/1997 allowing the maintenance application. That order was challenged by the petitioner in Criminal Revision Application No. 222/1997 before the Sessions Court, Kolhapur contending that the learned Magistrate had not made proper inquiry about the various aspects. That revision appl...
Avinash Tulshiram Limje Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(4)ALLMR9; 2007(4)BomCR270; 2007(4)MhLj305
R.C. Chavan, J.1. Rule. Rule is made returnable forthwith and is heard, as the petitions can be decided on the basis of contents of the petitions and annexures thereto, and returns filed on record.2. The petitioners in these two petitions claim that both of them have been elected as Municipal Councillors from Wards No. 16 and 18 of Bhandara Municipal Council, reserved for Scheduled Tribe. However, the document at page No. 46 in Writ Petition No. 903 of 2007 shows that the petitioner therein was Municipal Councillor of Ward No. 16, whereas the document at page No. 49 in Writ Petition No. 904 of 2007 describes the petitioner as Municipal Councillor of Ward No. 17, though she has signed as Councillor of Ward No. 16. 3. Both the petitioners claim that they belong to Halba (Scheduled Tribe). Their caste claim was referred to the Caste Scrutiny Committee, which, by the impugned orders dated 20-2-2007, invalidated their caste claim. Aggrieved thereby, the petitioners have filed these petition...
Kamlabai Shankar Chopde and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(5)MhLj430
C.L. Pangarkar, J.1. Heard finally with the consent of parties. 2. This is an application under Section 482 of Criminal Procedure Code filed by one Kamlabai and Shankar. Kamlabai is said to be a President of Sant Bhakre Maharaj Ashram Shala Palora district Wardha. Applicant No. 2 Shankar is her husband and is Secretary of the Society known as Shri Sant Bhakre Maharaj Ashram Shala Palora. It is a residential school. Many boys and girls are taking education in the said school and they reside in the hostel run by the said Institution. There are many teachers in the school. This Institution has also engaged cooks for cooking food for the inmates of the hostel. One Sanjay Gadling is also working as a Assistant Teacher in the school. It appears that relations between the present applicants and Sanjay are strained. On 27-12-2006 it is alleged that Shankar Saduji Chopde applicant No. 2 abused the Assistant Teacher Shri Gadling saying that, You Mahardya, you are untouchable go away. It is alleg...
Sanjay Pandurang Nagpure Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Apr-23-2007
Reported in: 2007(5)MhLj436
C.L. Pangarkar, J.1. Heard finally with consent of parties.2. By this petition the petitioner challenges the order of externment passed by the Executive Magistrate under Section 56 of the Bombay Police Act.3. The facts are as follows:Petitioner is a permanent resident of Nagpur. It is alleged that he is in habit of committing offences and the people in general are scared of him. He carries firearms etc. with him and gives threats to the witnesses and, therefore, the witnesses are reluctant to appear before the Court. During the period from 1999 to 2004 in all 8 offences were registered against the petitioner. Some of those offences relate to rioting, possession of Arms, uttering indecent language in public place, giving threats causing hurt etc. A show cause notice was issued by the Executive Magistrate on 5-7-2006. In the said notice 8 offences as stated above have been mentioned. It is alleged that due to fear of the petitioner the people do not come forward to depose and, therefore,...
Voltas Limited Vs. Chandrkant Y. Bhramhane and ors.
Court: Mumbai
Decided on: Apr-23-2007
Reported in: [2008(116)FLR186]; (2008)ILLJ416Bom
A.P. Deshpande, J.1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties.2. The petitioner is a public limited company incorporated under the Companies Act 1956. Respondent No. 1 was employed with the petitioner on contractual basis for fixed term. The respondent No. 1 joined the service with the petitioner in March 1995. In July 2004 the respondent No. 1 submitted his resignation and the same was accepted by the petitioner with effect from August 19, 2004. The respondent No. 1 made a claim before the controlling authority under the Payment of Gratuity Act 1972 and claimed an amount of Rs. 25,190/- towards gratuity whereas the petitioner had; offered a cheque in the sum of Rs. 12,202/- to the respondent No. 1. The controlling authority included the conveyance allowance to determine the wages under Section 2(s) of the Payment of Gratuity Act whereas he excluded the Site allowance. Aggrieved by the order passed by the controlling authority, the petition...
Shree Sai Enterprises Vs. Mahanagar Telephone Nigam Ltd. and the Ld. S ...
Court: Mumbai
Decided on: Apr-21-2007
Reported in: 2007(6)BomCR390; 2007(4)MhLj469
Anoop V. Mohta, J.1. By these petitions both the parties have the challenge the second award dated 29.07.2006 passed by the sole Arbitrator Shri S.V. Joshi between the parties arising out of the same contract.2. As disputes arose in reference to construction of underground cable duct at Rabale-Thane-Cherai (I)/NB-01/1203/08/08.11.1996, the matter was referred to an Arbitrator one Shri D.N. Joshi. By an award dated 21.07.2002, after considering the rival contentions and material placed on record by the parties, out of total claims, the Arbitrator had awarded the following claims:---------------------------------------------------------------------------------S. Claim for Amount claimed Amount awardedNo.---------------------------------------------------------------------------------1. Amount towards final bill 2,47,458 2,47,300.00 - Details as above. 2. Payment for threaded 4,128.00 Nil sockets - claim on the basis of alleged payments to other contractors not acceptable. 3. Refund for w...
The Iman Times, Through Its Owner Mr. Mohd. Vakil S/O. Mohd. Hanif and ...
Court: Mumbai
Decided on: Apr-21-2007
Reported in: 2007(4)ALLMR20; 2007(5)BomCR244; 2007(4)MhLj443
R.C. Chavan, J.1. Rule. By consent made returnable forthwith.2. Heard learned Advocate for the petitioner, learned A.G.P. for respondent No. 2 and learned Advocate for Respondents No. 1 & 3.3. Petitioner No. 2 is owner of newspaper, by name 'Iman Times', which the petitioner claims to be widely circulated newspapers in Vidarbha and adjoining areas. The newspaper was registered with respondent No. 3 Registrar of Newspapers on 30th October, 2002. The petitioners claim to have made mandatory declaration before respondent No. 2 District Magistrate on 01.01.2003 giving all the necessary details. The newspaper was initially printed from 'Noori Press'. Subsequently the petitioner assigned the printing work to 'Sheetal Press'. The petitioners sought from respondent No. 3 registration (N.R.I.) number for newspaper and submitted requisite application on 28th February, 2005. Since no reply was received, in spite of petitioner's visit to the office of respondent No. 3, the petitioner again renewed...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »