Mumbai Court June 2007 Judgments
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State of Maharashtra Vs. Trimbak Joma Thakur Deceased Through His Lega ...
Court: Mumbai
Decided on: Jun-21-2007
Reported in: 2007(6)ALLMR827; 2007(6)BomCR609; 2007(5)MhLj187
Swatanter Kumar, C.J.1. In furtherance to the Notification dated 24th September, 1986, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), the lands belonging to the Claimants were subjected to compulsory acquisition by the Special Land Acquisition Officer. The lands were part of the Revenue Estate of Village Roadpali, Taluka Panvel, District Raigad, admeasuring about 8040 square metres and forming part of Gats No. 118/0, 128/0 and 170/0. These lands were acquired for a public purpose, viz., for completion of the project for New Bombay in terms of the Notification issued by the Government. The Special Land Acquisition Officer, vide his Award made under Section 11 of the Act in year 1989, awarded to the Claimants compensation for acquisition of their lands at the rate of Rs. 200/- to Rs. 230/- per square metre. Dissatisfied by the awarded compensation, the landowners preferred References under Section 18 of the Act. All the 22 References were...
State of Maharashtra Vs. Arti Wd/O Ashok Kapshikar and ors.
Court: Mumbai
Decided on: Jun-21-2007
Reported in: 2008ACJ1406; 2008(1)BomCR919; [2008(117)FLR40]; 2007(6)MhLj108
Roshan Dalvi, J.1. The State has challenged the Judgment dated 15th November, 1997 passed by the Commissioner for Workmen's Compensation Act and Judge, Ist Labour Court, Solapur ordering the compensation and penalty under the Workmen's Compensation Act, 1923 (the Act) for the accident caused to the husband of respondent No. 1 and the father of respondents 2 and 3, on 3rd April, 1985 at the premises of the appellants and during the course of the employment of the deceased. The deceased was admittedly a sectional Engineer in the Quality Control Department of the appellants at Bhandishegaon, Tal: Pandharpur, Dist: Solapur, Maharashtra. It has been the case of the respondents, who are the claimants, that the deceased was working in the Laboratory for testing cement, concrete and mortar blocks. There were 5 labourers, one Lab Assistant and one Chief Lab Assistant working in their laboratory. There was one Sopan Sadhu Darekar who was working under the deceased. He applied for leave to the de...
Rajendra R. Chhapwale Vs. Akshaya Hospital and Research Centre (P.) Lt ...
Court: Mumbai
Decided on: Jun-21-2007
Reported in: [2007]79SCL419(Bom)
D.Y. Chandrachud, J.1. The Company Petition was originally instituted for reliefs under Sections 397 and 398 of the Companies Act, 1956. In pursuance of an amendment that was allowed during the pendency of the Petition the Petition has been amended to seek an order of winding up on the ground that (i) the company is unable to pay its debts and (ii) that it is just and equitable that the company be wound up.2. The first respondent was incorporated on 14-4-1988 with an authorized capital of Rs. 20 lakhs. The second and third respondents were the first directors of the Company. On 29-6-1988 the first, second, third and fourth petitioners were appointed as additional directors. The first respondent purchased a Lithotripter Machine in March 1989 which was acquired overseas. The Bank of India which is the fifth respondent sanctioned a loan of Rs. 1.84 crores to the Company on 7-4-1989 as a demand bridge loan. An additional working capital facility in the amount of Rs. 20 lakhs and an import ...
Legrand (India) Private Ltd. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jun-21-2007
Reported in: 2008(2)BomCR387; 2007(6)MhLj146
Vijay Daga, J.1. Rule returnable forthwith.Heard finally by consent of parties.2. Perused petition and counter affidavits.3. The petitioner, through this petition filed under Article 226 of the Constitution of India, has brought to our notice prima facie, wilful and deliberate disobedience on the part of the Assistant Commissioner of Customs (Import) to the law laid down by this Court in the case of Mahindra and Mahindra Ltd v. Union of India : 1992(59)ELT505(Bom) , Ocean Centres v. Union of India : 2005(180)ELT313(Bom) ; and in the case of Noble Society v. Union of India : 2005(187)ELT438(Bom) wherein this Court has laid down and followed from time to time that during the period of limitation available for filing an appeal, no coercive action should be taken to enforce the order. The Assistant Commissioner of Customs (Import) in breach of the law laid down by this Court, which was specifically brought to its notice, encashed bank guarantee worth Rs. 14,33,000/-(before expiry of the ap...
Communidade of Pilerne Vs. State of Goa and anr.
Court: Mumbai
Decided on: Jun-21-2007
Reported in: 2008(1)BomCR898
Bobde S.A., J.1. Rule. Rule returnable forthwith. Heard by consent.2. The petitioner has challenged two Orders, both dated 5th June, 2007. By the first impugned order, the trial Court has merely stated that the petitioner's objection will be considered at the stage of appreciation of evidence. The petitioner had objected on the ground that certain statements have been made by the defendants which are beyond the scope of the pleadings. One can see nothing wrong in the decision of the trial Court to consider whether the statements in evidence are beyond the scope of the pleadings at the stage of appreciation of evidence. This order was passed by the trial Court on an application with the title 'Application to Discard the Part of the Affidavit in Evidence'. Such an application is not supported by any provision of the Code of Civil Procedure and is an unnecessary attempt to dilate the proceedings before the trial Court. There is also no merit in such a party approaching this Court in the e...
Burroughs Wellcome (i) Ltd. and Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-20-2007
Reported in: (2007)(120)ECC262
2. The first appeal filed by M/s. Burroughs Wellcome (I) Ltd. has come to the Tribunal for decision on a remand from the Hon'ble Supreme Court. The second appeal filed by M/s. Pfizer Ltd. was earlier heard by another Bench but has been re-listed by Registry for fresh hearing by fresh Bench along with the first appeal, as the same issue is involved in both the appeals.3. M/s. Burroughs Wellcome (I) Ltd. have imported Polymyxin B Sulphate and used the same in the manufacture of Neosporin, admittedly using some other ingredients. M/s. Pfizer Ltd. have imported Cefoperazone Sodium and have used the same for manufacturing Cefoperazone Sodium Injections. The issue relates to grant of exemption under Notification 11/97 for one period and thereafter under Notifications 23/98 and 16/2000 during the subsequent periods. For convenience, we reproduce the relevant portion of Notification 11/97 under entry 43 to the table annexed: (A) The life saving drugs or medicines (including diagnostic test ki...
Mr. Shaikh Zahid Mukhtar Vs. the Commissioner of Police,
Court: Mumbai
Decided on: Jun-20-2007
Reported in: 2007(5)BomCR448; (2007)109BOMLR1201; 2007(4)MhLj815
R.S. Mohite, J.1. The petition filed by the petitioner who claims that he is a citizen of India and an active social worker engaged in welfare activities. He files this petition for declaring and quashing the Maharashtra Animal Preservation Act, 1976 as unconstitutional. The petitioner claims in his petition that he belongs to the minority community and as such has fundamental rights guaranteed under Articles 25, 26, 27, 28, 29 & 30 of the Constitution of India. That the main Act, was violative of the petitioner's right to practice his Muslim religion. It was contended that the festival of Bakri-Id was celebrated each year and it was a religious obligation of the Muslims to slaughter animals such as goats, sheeps, bulls, bullocks, buffaloes, calves, bovines and camels as per the availability. That, animals such as bullocks, bulls, oxes, calves, buffaloes, bovines and camels being cheaper were animals which the Muslim community would prefer to slaughter. It was contended that the police...
Air India Staff Colony Association-1, Through Its Chairman/Secretary T ...
Court: Mumbai
Decided on: Jun-20-2007
Reported in: 2007(5)BomCR63
V.M. Kanade, J. 1. By this petition, the petitioner which is a recognised aided school as defined under the provision of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, hereinafter referred to as the 'MEPS Act' is challenging the order passed by the Presiding Officer, School Tribunal, Mumbai, in Appeal No. MUM/32/2000 which was filed by the respondent No. 1 whereby the Tribunal was pleased to direct the petitioner herein, after allowing the appeal, to reinstate the respondent No. 1 to the post of Assistant Teacher with continuity of service and full backwages and set aside the order of termination dated 30th March, 2000 which was passed by the petitioner herein. The petitioner is also challenging and seeking appropriate writ, order and direction directing the respondent Nos. 2 and 3 viz. the Deputy Director of Education, Mumbai Region and Educational Inspector (WZ) to grant approval to the post of respondent No. 1 and thereafter to release his sal...
Ms. Supriya Prabhu Vs. Janus Remedies, an Unregistered Partnership Fir ...
Court: Mumbai
Decided on: Jun-20-2007
Reported in: 2008(2)BomCR456; (2007)109BOMLR1126; 2008(36)PTC139(Bom)
A.M. Khanwilkar, J. 1. This order will dispose of prayer for ad-interim relief prayed by the Plaintiff during the pendency of Notice of Motion.2. After having considered the rival pleadings and the documents on record including the oral submissions made by the Counsel for the parties across the bar, the position that emerges is as follows:The COLIVAN-D trade mark in India was registered in the name of Janus Pharma Private Limited in respect of product of pharmaceutical items included in Class 5. The said Company was in business of manufacture and dealer in ayurvedic, medicinal and pharmaceutical preparations. It was marketing several products since prior to 1980, amongst others, medicinal preparations in the name of Colivan-D tablets which is Dicyclomine HCL, Paracetamol. The Defendants 2 to 4 were associated with the said Company as Directors. It is also noticed that the husband of the Plaintiff was working as Managing Director of the said Company continuously till 16th July 1996 and ...
Sayeedabegam W/O Mohd. Yunus Vs. Durgaprasad S/O Ganeshprasad Sharma a ...
Court: Mumbai
Decided on: Jun-20-2007
Reported in: 2007(5)MhLj432
S.R. Dongaonkar, J.1. Heard learned Counsel for the parties.2. The revision applicant, by this application, seeks to challenge the order passed by the learned First Ad-hoc/Additional District Judge, Nagpur, dated 17-9-2004, in Sessions Trial No. 306/03, which reads thus--The complainant and her counsel are absent. The accused are present. The complainant has not adduced the evidence. The process to call the witnesses is not paid. There is no evidence on record to frame the charge against accused persons. Therefore, accused persons are discharged. 3. The revision applicant had preferred a complaint case bearing R.C.C. No. 295/92, in the Court of Judicial Magistrate, First Class, Ramtek, against the non-applicant Nos. 1 to 5 for the offences punishable under Sections 120-B, 294, 395, 451, 452, 506(2) read with Section 34 of the Indian Penal Code. It is not necessary to go into the details of the contents of the complaint and the allegations. Suffice it to say that one of the offences the...
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