Mumbai Court February 2008 Judgments
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Mrs. Shameem Shah Through Her Constituted Attorney Mr. Abdul Rehman Kh ...
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(4)MhLj699
J.H. Bhatia, J.1. Heard the learned Counsel for the Parties. 2. The appellant before this Court is the original plaintiff. According to the appellant, she had purchased the suit premises being suit shop No. 4 from one Vinod Vishram Tawade on 18.2.1997. The said Vinod Tawade had purchased the suit premises from one Bazirao Shripat Thorat, who was original allottee. On 21.9.2007, two person from the office of the defendant/ Municipal Corporation approached the suit premises and asked the brother and sister of the plaintiff to demolish the suit premises. According to the plaintiff, no notice was served by the defendant to the plaintiff and the defendant is intending to demolish the suit premises without following due process of law. With this contention, she filed suit seeking to restrain the defendant from taking any action without due process of law till decision of the suit. She also took out notice of motion for temporary injunction of the same nature. The defendant contested the noti...
Abdul Rehman S/O. Abdul Karim Khan Vs. Brihanmumbai Mahanagarpalika
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(4)MhLj198
J.H. Bhatia, J.1. Heard the learned Counsel for the Parties. 2. The appellant before this Court is the original plaintiff. According to the appellant, he had purchased the suit premises being suit shop No. 2 from one Bazirao Shripat Thorat, who was original allottee in the year 1993. On 21.9.2007, two person from the office of the defendant/ Municipal Corporation approached the suit premises and asked the brother and sister of the plaintiff to demolish the suit premises. According to the plaintiff, no notice was served by the defendant to the plaintiff and the defendant is intending to demolish the suit premises without following due process of law. With this contention, he filed suit seeking to restrain the defendant from taking any action without due process of law till decision of the suit. He also took out notice of motion for temporary injunction of the same nature. The defendant contested the notice of motion contending that the suit shop itself is illegal and unauthorised struct...
Pranjali Films Through Its Proprietor Shri Jajiraj Udharam Vaswani and ...
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(3)BomCR688; 2008(4)MhLj789
Roshan Dalvi, J.1. The Petitioners are producers of films in Marathi language. 2. The State Government has framed various schemes for providing financial assistance to Marathi films by various Government Resolutions (GRs) issued from time to time. 3. The Petitioners claim their right of financial assistance under the G.R dated 6th November, 2003, Exhibit-Ato the Petition. 4. Under the said G.R financial assistance upto Rs. 15 lakhs is granted to producers of quality Marathi films 'as per the Recommendation of the Film Review Committee, as per serial number, in accordance with the Rules and as per availability of finance '. Financial assistance grantable under the said G.R is upto the maximum of Rs. 15 lakhs in 3 installments as stated therein. 5. The Producer must produce his first film with his own finance. The 2nd and subsequent films are eligible for the assistance. The producer must obtain Censor Board Certificate by 31st December of the relevant year in which he applies for the gr...
Bajaj Auto Limited Vs. Vijay Pal Singh M. Bhura and anr.
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(5)BomCR862; [2008(117)FLR651]; 2008(4)MhLj780
B.H. Marlapalle, J.1. The Petitioner company is aggrieved by the passed by the First Labour Court at Pune on in Reference(IDA)No. 211/1993. Reference has partly allowed by directing reinstatement of Respondent workman in his original post of with continuity of service but without backwages intervening period i.e. from 24-8-1992 till the date of the Award i.e. 16-11-1996. Award 16-11-1996beenthesafaiwalafor the 2. While granting Rule in this petition, this Court had stayed the impugned Award application filed by the Section 17B of the Industrial Act for short), this Court in toto respondent Disputes directed and workman Act, 1947 the on the under (the petitioner company to pay him wages at the rate last drawn by him and it appears that for the last more than ten years he is in receipt of the said benefit.3. On 30-8-1991 the Respondent was issued a chargesheet alleging acts of misconduct as under:(a) commission of an act subversive of discipline or good behaviour on the premises of the e...
Executive Engineer, Minor Irrigation Division Vs. Mainabai Wd/O Khushy ...
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(4)ALLMR369; 2008(4)BomCR862; 2008(3)MhLj151
C.L. Pangarkar, J.1. These four appeals can be decided together since identical questions are involved in them.2. The facts are as follows:The Government of Maharashtra issued a Gazette Notification on 6-4-1988 acquiring the land in question for Khumari Talao, Minor Irrigation Project. The Land Acquisition Officer passed an award against the State on 26-6-1992. A reference was made under Section 18 of the Land Acquisition Act to Civil Court and the references were registered as Land Acquisition Cases. In the said reference cases there were three non applicants namely (1) State of Maharashtra (2) Land Acquisition Officer and (3) Collector. The Civil Court passed an award in the said cases on 31-1-2001. Dissatisfied with the award the Executive Engineer of the Minor Irrigation Division Nagpur preferred these appeals. The appeals came to be presented on 6-6-2001. Later on Vidarbha Irrigation Development Corporation (hereinafter referred to as VIDC) moved an application for adding it as pa...
Municipal Commissioner Vs. Mahanagar Palika Karmachari Sangh and anr.
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(4)MhLj462
B.H. Marlapalle, J.1. The respondent Corporation is aggrieved by the Judgment and order rendered by the Industrial Court at Kolhapur on 10-9-1996 thereby allowing Complaint (ULP) No. 36/1991. By the said Judgment and order, the Industrial Court directed to pay arrears of wages and other benefits to all the five Complainants for the period from 3-3-1989 to 16-10-1989.2. It appears that there was a strike called by the employees of the Corporation from 20-1-1989 to 29-1-1989 and during this period of strike on 24-1-1989 at about 11.15 p.m. at Venus Corner, Near Usha Theatre within the limits of Shahupuri Area police station, the police constable by name Shri Sanjay Dalvi came out of the Indraprastha hotel after his dinner and while he was walking towards the Shahupuri police station, he had noted a group of four persons trying to open the drainage and, therefore, when he proceeded towards the spot, three of them ran away and the 4th person who had climbed down into the drainage i.e. Suni...
Digamber Baburao Ingavale Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008CriLJ2418
ORDERD.G. Karnik, J.1. Heard.2. This revision application is directed against the Judgment and order dated 16th May 2000 of the IInd Additional Sessions Judge, Satara confirming the decision dated 25th February, 1999 of the Judicial Magistrate, First Class, Satara convicting the revision petitioner for an offence punishable under Section 279 read with Section 337 of the Indian Penal Code. By the impugned order, while confirming the order of conviction the learned Sessions Judge modified the sentence of 3 months' simple imprisonment and fine of Rs. 500/- to fine of Rs. 1000/- only.3. The revision petitioner is a bus driver employed by the Maharashtra State Road Transport (for short 'the S.T.'). On 22nd January, 1998, the petitioner was driving a S.T. bus bearing registration No. MH-02-FA-1940 from Pune to Radhanagari. At about 7.15 p.m., the bus reached the accident spot near Kanher Dam in village Varye. The S.T. bus overtook a truck which was ahead of it and then collided with an auto ...
Kalim M. Khan Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(5)BomCR458
Karnik D.G., J.1. Heard.2. By this revision application, the revision applicant challenges the judgment and order dated 18th September, 2007 of the Ad hoc Additional Sessions Judge, Raigad dismissing the Criminal Appeal No. 85 of 2006 and thereby confirming the conviction and sentence of the applicant under Section 138 of the Negotiable Instruments Act passed by the Judicial Magistrate, First Class, Uran.3. The respondent No. 2 is the proprietor of Vijaya Automobiles: According to him, in part discharge of his liability, the revision applicant issued to him a cheque dated 18th April, 2005 for Rs. 7,00,000/- drawn on the Development Credit Bank Ltd., Kurla Branch. The respondent No. 2 deposited the said cheque in his account in Bank of India, Uran Branch, on 12th September, 2005. However, the Development Credit Bank dishonoured and returned unpaid the said cheque with a memo reading: 'Funds Insufficient'. On 11th October, 2005, the respondent No. 2 sent the statutory notice by registere...
Commissioner, Kolhapur Municipal Commissioner Vs. Mahanagar Palika Kar ...
Court: Mumbai
Decided on: Feb-18-2008
Reported in: 2008(4)BomCR874; [2008(118)FLR542]
Marlapalle B.H., J.1. The respondent Corporation is aggrieved by the Judgment and order rendered by the Industrial Court at Kolhapur on 10-9-1996 thereby allowing Complaint (ULP) No. 36/1991. By the said Judgment and order, the Industrial Court directed to pay arrears of wages and other benefits to all the five Complainants for the period from 3-3-1989 to 16-10-1989.2. It appears that there was a strike called by the employees of the Corporation from 20-1-1989 to 29-1-1989 and during this period of strike on 24-1-1989 at about 11.15 p.m. at Venus Corner, Near Usha Theatre within the limits of Shahupuri Area Police Station, the Police Constable by name Shri Sanjay Dalvi came out of the Indraprastha hotel after his dinner and while he was walking towards the Shahupuri Police Station, he had noted a group of four persons trying to open the drainage and, therefore, when he proceeded towards the spot, three of them ran away and the 4th person who had climbed down into the drainage i.e. Suni...
Sicom Limited a Company Registered Under the Provisions of Companies A ...
Court: Mumbai
Decided on: Feb-16-2008
Reported in: 2008(5)BomCR815
F.I. Rebello, J.1. Rule. Heard forthwith.2. Kusum Ispat and Wire Products Limited for the loan advanced to them by the petitioner and Respondent No. 5 had been secured by a mortgage. The aforesaid Company defaulted in paying the amounts. The petitioner and respondent No. 5 as secured creditors took possession of the mortgaged property and sold it and realised a net sum of Rs. 2,05,00,000/-. The said amounts were appropriated by the petitioner and respondent No. 5 in partial discharge of their debts. According to the petitioner even after appropriation of the said amount, monies are still due and payable.3. The Company Kusum Ispat and Wire Products Limited it appears were also in default of dues under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, hereinafter referred to as the EPF Act. The respondent No. 4 by show cause notice dated 25th April, 2006 informed the petitioner that the petitioner has failed to remit the statutory P.F. dues of the af...
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