Mumbai Court August 2007 Judgments
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Peacebird Premises Co-op. Society Ltd. Vs. Collector of Stamps of Mumb ...
Court: Mumbai
Decided on: Aug-22-2007
Reported in: 2008(1)ALLMR51; 2008(1)MhLj865
F.I. Rebello, J.1. Rule. Heard forthwith.The petitioner a Co-operative society had filed the present petition for appropriate writ or direction to the Collector of Stamps, Mumbai, the first respondent, to certify that no stamp duty is payable on the Consent Decree dated 4th February, 1983 passed by this Hon'ble Court in Suit No. 1031 of 1982. The petitioners herein and others had filed a suit against Mrs. Anusuya Shah and others. The relief was by way of mandamus to send the consent decree to the second respondent and for a further writ of mandamus or any other appropriate writ, order or direction to the second respondent to register the said Consent Decree under the Indian Registration Act, 1908 and to deliver the same to the petitioners duly registered. There are various other reliefs which need not be adverted to.2. There was a building known as Shah Building No. 6 which consisted of shops on the ground floor and residential flats on three upper floors. Negotiations took place betwe...
Mukund Staff and Officers' Association Vs. Mukund Ltd.
Court: Mumbai
Decided on: Aug-22-2007
Reported in: 2007(6)ALLMR312; 2007(6)BomCR75; [2007(115)FLR553]; (2008)IILLJ221Bom; 2008(2)MhLj416
Anoop V. Mohta, J.1. The petitioner is a trade union registered under the Trade Unions Act, 1926 and has as its members around 800 monthly rated workers employed in the respondent Company's factories at Kalwe and Kurla, Mumbai.2. During the period 4-8-2000 to 21-11-2000 the Company terminated the services of 20 monthly rated workers. The petitioner raised a dispute against the termination of the said 20 workers and by its order dated 10-2-2001 the Government referred the said dispute to the Industrial Tribunal, Mumbai, (for short, 'the Tribunal') being Reference (IT) No. 20 of 2001. The order of Reference reads as under:i) The workmen whose names are mentioned below should be reinstated with full backwages and continuity of service, with effect from their dates of termination,ii) The services of the monthly rated workmen covered by Reference (IT) No. 3 of 1993 shall not be terminated without following due process of law.3. On 4-5-2001 the petitioner filed its Statement of Claim along w...
Babar Sher Khan and ors. Vs. Municipal Corporation of Brihanmumbai and ...
Court: Mumbai
Decided on: Aug-22-2007
Reported in: 2007(6)ALLMR89; 2008(2)BomCR335
Sathe S.R., J.1. By consent heard finally at admission stage.2. The Appellants-original plaintiffs in Notice of Motion No. 2423 of 2007 in L.C. Suit No. 2619 of 2007 have preferred this appeal against the order passed by the Judge, City Civil Court, Mumbai whereby the plaintiffs' application for temporary injunction restraining the defendant No. 1 Municipal Corporation of Greater Mumbai (hereafter referred to as MMC) from demolishing plaintiffs' suit structure till the disposal of the suit was dismissed. For the sake of convenience hereafter the parties shall be referred to as 'plaintiffs' and 'MMC i.e. Mumbai Municipal Corporation' and MHADA i.e. Maharashtra Housing Area Development Authority'.3. The brief facts giving rise to this appeal are as under:The land bearing Survey No. 378 (part) CTS No. 43 (part) admeasuring 15858 sq. meters situated at Bandra Kurla Complex, Mumbai was owned by defendant No. 2 MHADA. They constructed in all 21 buildings consisting of 496 tenements and allot...
Jeetendra Anthony Fernandes Vs. Hathway Cable and Datacom Pvt. Ltd. an ...
Court: Mumbai
Decided on: Aug-22-2007
Reported in: 2008CriLJ1860
ORDERB.H. Marlapalle, J.1. Heard the learned Counsel for the respective parties and the learned APP appears for the respondent No. 2-State. The petitioners prays for quashing the proceedings in Criminal Case No. 5659 of 2003 filed by the respondent No. 1 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.2. As per the petitioner he Joined a company by name Hathway Investment Pvt. Ltd. and in November 2001 he was transferred to M/s. Hathway Cable & Datacom Pvt. Ltd., the present respondent No. 1. On 26-12-2001 he was granted a personal loan of Rs. 50,000/- by the company and an agreement to the same effect was executed between the parties. On the same date he had given a blank cheque bearing No. 468376 dated 3rd March 2003 for an amount of Rs. 50,000/-and drawn on HDFC Bank and in favour of the respondent No. 1 - Company. He left the said Company on 5th March 2003 when his letter of resignation was accepted. It appears the respondent - company deposited ...
Dr. M. Furquan S/O Mohd. Yaqoob Vs. Jet Airways India Ltd. Through Its ...
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2007(6)ALLMR135; 2008(1)MhLj231
Swatanter Kumar, C.J.1. The petitioner is stated to be the editor of a leading fortnightly Urdu newspaper by name Sach Bilkul Sach, which according to him, has wide circulation and is intended to bring to light of the general public various problems faced by downtrodden and to expose the misdeeds of various persons. The present petition has been filed by him to show the nexus between the underworld Mr. Dawood Ibrahim Kaskar and the Chairman of Jet Airways (India) Limited, as huge investments were received illegally and utilized to accrue assets for the company. It is averred in the petition that huge tainted Indian money is laundered and recycled into business in India, which is generated as a result of smuggling and extortion and similar illegal practices. There was confirmed information of intermittent contact between Naresh Goyal and underworld dons and this requires to be looked into by CBI as it affects the security of the country. There are averments in the petition that the secu...
Neolite Polymer Industries Pvt. Ltd. a Company Incorporated Under the ...
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2007(6)BomCR539; (2007)109BOMLR1930
Swatanter Kumar, C.J.1. The Standard Chartered Bank filed a suit under the provisions of Order 37 of the Code of Civil Procedure for recovery of different amounts against different defendant-companies. In Summary Suit No. 1339 of 2006 filed against Neolite Polymer Industries Pvt. Ltd. the Bank claimed US $ 502,437.00 being the principal amount of two Bills of Exchange which are annexed to the plaint at Exhibits B1 and B2 respectively along with the interest of US $ 267,226.03 being calculated at the rate of 18% p.a. from the due date until institution of the suit and also claimed same interest till realisation.2. In terms of the averments made in the plaint, the Bank pleaded that Ransat PLC, a company incorporated under the Laws of England and Wales with its office at 137, Regent Street, London, W14 7LD United Kingdom, drew two bills of exchange on the defendant company in respect of certain supplies made by Ransat to the defendants. Each bill was payable 60 days after the acceptance o...
Union of India (Uoi), Through Secretary, Ministry of Finance, Departme ...
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2007(6)ALLMR525; 2007(6)BomCR586; 2008(1)MhLj790
Swatanter Kumar, C.J.1. The respondent was appointed as a Lower Division Clerk on 6th June, 1995. His name was recommended by the Staff Selection Commission. He was appointed against a post reserved for Scheduled Tribe. In Clause 20 of the letter of appointment issued to the respondent, it was specifically stated that the appointment was provisional and was subject to the caste/tribe certificate verification through proper channels and if it was found to be false, the services would be liable to be terminated without assigning any reason. Along with his application, the respondent had submitted a certificate dated 23rd August, 1988, issued by the Executive Magistrate, Bhandara, claiming that he belongs to Halba, Scheduled Tribe. The respondent was confirmed in service on 8th September, 1998. The department, vide its letter dated 9th August, 1995, forwarded the caste certificate to the Executive Magistrate, Bhandara, for verification. The Executive Magistrate vide his reply dated 5th Se...
New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875
S.C. Dharmadhikari, J.1. This chamber summons and the notice of motion in this Admiralty Suit can be disposed of by a common order, inasmuch as they were heard together so also similar contentions were canvassed by parties.2. The plaintiff has instituted this suit in the Admiralty & Vice Admiralty jurisdiction of this Court for the following reliefs:(a) For an order of Arrest of the 1st Defendant vessel for a sum of Rs. 42,60,000/-as per the particulars of claim shown in Exh.N hereto;(b) That the defendants be ordered to permit the plaintiff's a survey of the first defendant vessel; (c) For an order and decree in favour of the plaintiffs and against the first and second defendants for Rs. 42,60,000/ as per the particulars of claim shown in Exh.N hereto;3. It is the case of plaintiff that it is a company engaged in business of owning barges and ships. The first defendant vessel is a foreign flag ship presently lying at Port Alang, Gujarat. The plaint proceeds on the basis that the vesse...
Bhagwat S/O Namdeorao Akare Vs. Education Officer (Secondary) Zilla Pa ...
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2007(6)ALLMR163; 2008(1)BomCR328; 2007(6)MhLj415
A.H. Joshi, J.1. The petitioner who was a S.S.C. D.Ed, holder candidate, was appointed on the post of Assistant Teacher, in middle school on 3-12-1975. Petitioner then passed B.A. in the year 1978. He passed M.A. (Political Science) in Second Division, in the year 1980, and M.A. in Sociology in 1982. Trained graduate teacher's pay-scale was sanctioned to him from 1978. As a result of improvement of qualification, and availability of permanent a vacancy in the High School, the Respondent No. 2 was pleased to promote the petitioner a High School teacher w.e.f. 27-11-1983, and Education Officer granted approval to his promotion as a High School Teacher from said date. The petitioner passed B. Ed., examination in the year 1990.2. The Respondent No. 3 was appointed by the Respondent No. 2 on the post of trained graduate High School teacher w.e.f. 21.07.1984. and this appointment was approved by the Education Officer.3. Petitioner claimed that he is senior to the respondent No. 3, as the res...
Kishor K. Mehta Vs. Hdfc Bank
Court: Mumbai
Decided on: Aug-21-2007
Reported in: 2007(6)BomCR666
Oka Abhay S., J.1. By this order I am deciding the following questions which have arisen for consideration:(i) Whether the decision of this Court in the case of (Re: Deepak Cochhar v. Indusind Bank Ltd.) : 2006(3)BomCR520 is no longer a good law in view of the decision of the Apex Court in the case of (Paramjeet Singh Patheja v. ICDS Ltd.) : AIR2007SC168 ?(ii) Whether an insolvency notice under Sub-section (2) of Section 9 of the Presidency Towns Insolvency Act, 1909 (for short P.I. Act) can be issued on the basis of a recovery certificate issued under The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the R.D.B. Act)?(iii) Whether an insolvency notice under Sub-section (2) of Section 9 of the P.I. Act can be issued on the basis of an Award made by a Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short the Co-operative Societies Act)?(iv) Whether an insolvency notice under Section 2 of Sectio...
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