Mumbai Court September 2007 Judgments

State of Maharashtra Vs. Pandurang Patil and ors.

Court: Mumbai

Reported in: 2007(6)MhLj701

Swatanter Kumar, C.J.1. By this judgment we will dispose of the above mentioned nine first appeals, all of which arise from the judgment of the Reference Court dated 29th October, 1997 passed in Land Reference No. 28 of 1984 and other companion References. The necessary facts are that notification under Section 4 of the Land Acquisition Act, 1972 (hereinafter referred to as the Act) was issued by the Government on 3rd February, 1970 intending to acquire land 53 gunthas equivalent to 5362 square metres situated in the revenue estate of village Koparkhairane, Taluka and District Thane, Maharashtra, in furtherance to which notification under Section 6 of the Act was issued on 11th October, 1972. The land in terms of the notification was acquired for the purpose of Planned Development and Utilisation of Trans Harbour Panvel and Trans Thana Creek area for industrial, commercial and residential purpose. The land was obviously acquired for public purpose. The Government took possession of the...

Jayram P. Pawar and anr. Vs. Asstt. Registrar for Co-op. Societies and ...

Court: Mumbai

Reported in: 2007(6)BomCR59; 2007(6)MhLj754

D.G. Karnik, J.1. Heard learned Counsel for the parties.2. This Writ Petition is directed against the order dated 28th September, 2006 passed by the Divisional Joint Registrar refusing to condone the delay of over seven months in filing of a revision application under Section 154 of the Maharashtra Co-operative Societies Act (for short 'the Act'). Learned Counsel for the petitioner submitted that as per the provisions of Section 154(2A) of the Act, the petitioner was required to deposit 50% of the money but since the petitioner did not have the money to deposit, he could not file the appeal in time. In other words, the inability to deposit 50% of the decretal amount is the only ground pleaded for condonation of delay in filing of the appeal.3. Sub-section 2A of Section 154 of the Act reads as under:154. Revisionary Powers of State Government and Registrar(1) ...(2) ...(2A). No application for revision shall be entertained against the recovery certificate issued by the Registrar under S...

institute of Banking Personnel Vs. Commr. of S.T.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The above appeal arises out of the order of the Commissioner of Central Excise (Appeals) upholding demand of service tax of Rs. 1,00,60,498/- against the appellants herein for providing services as a "manpower recruitment agency" and penalties of equal amount under the provisions of Section 78, Rs. 500/- under Section 75A, Rs. 200/- per day under Section 76 and Rs. 10,000/- under Section 77 of the Finance Act, 1994. The period of demand is October 1998 to March 2003.2. The brief facts of the case are that the appellants are inter alia engaged in the activity of conducting examinations for recruitment of clerical, officers and specialist officers cadre in banks, financial institutions and other organizations. For this purpose, they carried out detailed job analysis, identify and develop suitable selection tools, conduct confidential printing of test material, make arrangements for conducting examinations, assess test papers and finalize results of written test and shortlist candidat...

Vishnu Dyeing and Printing Works Vs. the Commissioner of Central

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2007)(123)ECC129

1. All these appeals are filed against the order-in-original No.ZBN/181/M-V/2000 dated 20/06/2000.2. The appeal No. E/2990 & 2993/00 is filed by the appellant company i.e. Vishnu Dyeing & Printing Works and its partner against the confirmation of demand. While the appeal No. E/3047& 3048/00 and E/3103 to 3110/00 are filed by the revenue against the very same order, which set aside the penalties imposed on the appellant company and its partner and also reduced the penalties imposed on other assessees in this case. Since all these appeals arise out of the same order-in-appeal, they are being disposed off by a common order.3. The relevant facts that arise for consideration are that the appellant M/s. Vishnu Dyeing & Printing Works, are the job workers, who were doing processing of man made and cotton fabrics on the grey fabrics received from traders/merchants. In observance of Central Excise Rules and Procedures, the appellants had filed price declaration declaring the as...

Mr. Vijay Sharma and Mrs. Kirti Sharma Vs. Union of India (Uoi) Throug ...

Court: Mumbai

Reported in: AIR2008Bom29; 2007(6)ALLMR336; 2007(5)BomCR710

Ranjana Desai, J.1. In this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the constitutional validity of Sections 2, 3A, 4(5) and 6(c) of the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, 'the said Act') as amended by The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 (for short, 'the Amendment Act, 2002'). 2. Before dealing with the contentions raised in the petition, it must be stated that challenge to the constitutional validity of the said Act on the ground of violation of Article 21 of the Constitution of India has been rejected by this Court in Vinod Soni and Anr. v. Union of India and Ors. 2005 (3) MLJ 1131. It is not open to the petitioners to raise the same challenge again. We shall, therefore, only deal with the petitioners'contention that the said Act violates the principle of equality of law enshrined in Article 14 of the Constit...

Mrs. Nini Gulla Vs. the Principal, B.M. Ruia Mahila Mahavidhyalaya and ...

Court: Mumbai

Reported in: 2007(6)ALLMR279; 2007(5)BomCR719; (2007)109BOMLR2155; 2008(3)MhLj104

D.K. Deshmukh, J.1. By this Appeal, the Appellant challenges the order dated 22-1-2001 passed by the learned single Judge of this Court in Writ Petition No. 1745 of 1998. That Writ Petition was filed by the present Respondents Nos. 1 & 2 challenging the order passed by the College Tribunal dated 16-6-1998 in Appeal No. 7 of 1995. That appeal was filed by the present Appellant.2. The facts that are material and relevant for deciding this Appeal are, B.M.Ruia Mahila Mahavidhyalaya is the college affiliated to the S.N.D.T. Women University. The Appellant was appointed as a Lecturer in Economics in the Commerce Faculty of the College in the year 1981. Her appointment was approved by the University and her services sere confirmed as a Lecturer with effect from 22nd July, 1985. According to the Appellant, she also was Head of the Department of Economics at the college, and she was also a Member of the Board of Studies. According to her, when the post of Principal of the College became vacant...

Vasantrao S/O. Manoharrao Neb and ors. Vs. Kishanrao S/O. Shankarrao N ...

Court: Mumbai

Reported in: AIR2008Bom42; 2008(1)ALLMR63; 2007(6)BomCR744; 2008(1)MhLj648

V.R. Kingaonkar, J.1. This Second Appeal arises out of judgment rendered by learned Second Additional District Judge, Jalna, in appeal bearing Regular Civil Appeal No. 114 of 1984. By the impugned judgment, the learned Additional District Judge was pleased to set aside dismissal of suit for redemption of mortgage and granted decree for redemption.2. The appellants are legal representatives of deceased Vasantrao Neb, who was original defendant No. 1. The respondents are legal representatives of deceased Shankarrao Neb. They are original plaintiff and defendant Nos. 2 to 6. Deceased Shankarrao Neb was the owner of suit house property. He executed a document dated 03.02.1953, in favour of deceased defendant Vasantrao, whereby the suit-house property was mortgaged for 7000/- Osmaniya Sikke. The mortgage deed is styled as 'Rahan Bil Kabja', and is written in Urdu script. It was agreed between the parties that the suit property would be given in possession of Vasantrao Neb. It was agreed tha...

Central Railway Divisional Office Employees Consumer Co-operative Soci ...

Court: Mumbai

Reported in: 2007(6)ALLMR505; 2008(1)BomCR229; 2007(6)MhLj737

A.H. Joshi, J.1. Rule. Rule is made returnable forthwith by consent of parties. The affidavits by the respondents No. 1 to 3 as well of respondents No. 4, 5 and 7 are already filed. Respondent No. 6 arrayed in personal capacity need not be heard as no relief is sought against him.2. The petitioner is the Employees' Consumer Co-operative Society. It renders various services to the employees of Central Railway. The society has been incorporated under Maharashtra Co-operative Societies Act, 1960 in furtherance to the policy of respondents 1 to 3 to promote co-operative movement.3. The petitioner has challenged the letter (Annexure-6) dated 5-7-2007, however, it need not be gone in, as learned Advocate for petitioner does not press it with liberty to keep it open for challenge by persons affected before appropriate forum. For this, liberty as prayed is granted.4. Due to various complaints, the Railway Administration has taken a decision to 'close the Central Railway Divisional Office Emplo...

Virendra Haribhau Gajbhiye and ors. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2007(6)ALLMR681(1); 2007(6)BomCR55; 2007(6)MhLj600

A.H. Joshi, J.1. Rule is made returnable forthwith and is heard by consent. Pleadings are complete.2. This petition was initially filed by Gautam Magasvargiya Kapus Utpadak Sahakari Sootgirni Ltd., Saoner. By seeking leave to amend, the present petitioners were substituted.3. The petitioners have a grievance against the order passed by the Government on 6-1-2007, by which the Government has declined to concede to the petitioners' proposal for their continuation in office as Ad hoc Board/Managing Committee. By same order, the Government directed to appoint an Administrator in place of the petitioners to manage the affairs of the Society.4. According to the petitioners, the Government ought to have favourably considered their application dated 28-2-2005 and in case the Government would feel that the petitioners' request cannot be acceded to, the petitioners were entitled for hearing under Section 157 of the Maharashtra Co-operative Societies Act, 1960.5. According to the petitioners, the...

Vithal Shankar Dokhe Vs. Bhavdu Sakharam Dokhe Deceased Through His Le ...

Court: Mumbai

Reported in: 2008(1)BomCR300; 2007(6)MhLj662

V.M. Kanade, J.1. Heard learned Counsel for the petitioner and learned Counsel for the Respondent No. 3A to 3C.2. By this petition, the petitioner takes exception to the judgment and order passed by the Maharashtra Revenue Tribunal whereby the Tribunal was pleased to set aside order passed by the Tahsildar and Sub-Divisional Officer and was pleased to declare the respondents to be deemed purchasers of the suit lands under the Tenancy Act with the further directions directing the Tahsildar to take further action in the matter. As found in the many of the tenancy cases, this case has a chorused history and therefore, it is essential to give a brief background of the dispute between the parties.3. Suit land Survey No. 321/3 admeasuring 73 acres and Survey No. 321/6 admeasuring 56.4 acres situated at village Nandgaon Bk. Taluka Igatpuri, Dist : Nasik, originally belonged to Smt. Bakubai Sawaliram Bhoir. She was the landlady. One Bhavdu Sakharam Dokhe was a tenant of the suit lands. Initial...