Mumbai Court May 2008 Judgments

Mahadeo Rama Vaidya and anr. Vs. State of Maharashtra and anr.

Court: Mumbai

Reported in: 2008(5)ALLMR342; 2008(6)BomCR463; 2008(6)MhLj659

Dharmadhikari B.P., J.1. Parties had stated that all these Appeals under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as 1894 Act) are connected and can be decided together finally at the stage of admission itself. Accordingly they have also filed written notes of argument and have also supplied Xerox copies of citations and also addressed this Court orally in brief. It is not in dispute that acquisition in this case has been at the instance of Maharashtra Industrial Development Corporation, M.I.D.C. for short, a statutory body under the provisions of Maharashtra Industrial Development Corporation Act, 1961 (hereinafter referred to as 1961 Act). Land Acquisition Officer of State Government at Chandrapur has conducted the acquisition proceedings in Land Acquisition Case 11/ 65-91/92 in respect of lands situated at village Yerur, District Chandrapur under Section 32/33 of 1961 Act. Agricultural lands of Appellants/landowners have been acquired by M.I.D.C. for purpose...

itc Limited, an Existing Company WithIn the Meaning of the Companies A ...

Court: Mumbai

Reported in: [2009]150CompCas134(Bom); [2008]87SCL300(Bom)

Bilal Nazki, J.1. Rule. 2. Learned Advocate General appearing for respondent No. 1 and the learned Addl. Public Prosecutor appearing for respondent No. 4, waive service of Rule. The presence of respondent Nos. 2 and 3 is not necessary for deciding the issue involved. Hence, by consent, Rule made returnable and heard forthwith. 3. By this petition the petitioner prays for quashing and setting aside of the impugned order dated 3rd May, 2007 passed by the Special Court (Trial of Offences Relating to Transactions in Securities) at Bombay in M. A. No. 67 of 2007 in Special Case No. 1 of 2004. 4. The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, for short 'the Special Court Act', came into force on 6th June, 1992. the Special Court Act created a special mechanism for trial of offences committed under the act and in terms of Section 2(d) the Special Court was to be established under Subsection (1) of Section 5. Section 5 of the Special Court Act lays down...

Arun Krishna Patil and ors. Vs. the State of Maharashtra and ors.

Court: Mumbai

Reported in: 2008(4)ALLMR345; 2008(3)BomCR711; 2008(5)MhLj107

S.S. Shinde, J.1. By way of filing of this writ petition under Article 226 of the Constitution of India, the Petitioners have challenged the order dated 27th March, 2006 whereby the District Deputy Registrar, Co-Opertaive Societies, Thane has dissolved the Kalyan Agricultural Produce Marketing Committee invoking the provisions of Section 45(1) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 and rendered the said Committee ineffective.FACTUAL MATRIX2. The Petitioners and Respondent Nos. 4 to 10 are the members of the Kalyan Agricultural Produce Marketing Committee, having been duly elected in the election held on 20th April, 2004 for five years. The Respondent No. 2 is District Deputy Registrar and Respondent No. 3 is Director of Marketing who has overall control on the affairs of the Market Committee.3. The proposal which was submitted by the Agricultural Produce Marketing committee, Kalyan for filling up the backlog of backward class category persons was consi...

Satinderpal Singh Anand Vs. Sharanpal Balmukund Chopra

Court: Mumbai

Reported in: 2008(4)ALLMR239; 2008(5)BomCR179; (2008)110BOMLR1859; 2008(6)MhLj86

Anoop V. Mohta, J.1. As the parties, issues and impugned judgment are common, we are disposing of both the Appeals by this common judgment.2. The original Petitioner- Appellant (also called hereinafter for reference 'Anand's) has preferred this Appeal No. 583/2003 against the impugned order passed in Arbitration Petition No. 155/2002 in Award No. 2 of 2002. The original respondent (called hereinafter for reference Chopra's) has also preferred Appeal No. 680 of 2003 on limited ground against the said judgment. The appellant's case in Appeal No. 583/2003 is as under:3. Prior to 24/07/1979, Chopra and his brother were owners of a plot of land admeasuring 4644 sq.yards. By an Agreement of Sale dated 10/11/1979, both the brothers agreed to sell to M./s. Emkay Construction Co., 3300 sq. yards which was demarcated from the rest of the property by a red boundary line in the plan annexed to the Agreement. A compound wall was thereafter constructed separating the said two pieces of land. The res...

Prof. Shashikant B. Kulkarni Vs. the Principal, Bpcs College of Physic ...

Court: Mumbai

Reported in: 2008(4)ALLMR133; (2008)110BOMLR1819

A.A. Kumbhakoni, J.1. Lord Siva in Guru Gita (Skanda Puranam) praises the Universal Guru thus:Gurur Brahma, Gurur Vishnu Gurur Devo Maheshwara Guru Saakshaat Parabrahma Tasmai Sree Gurave Namah.(Guru is Brahma, Guru is Vishnu and Guru is the God Siva. Guru verily is the Param Brahma -- the Supreme Being. I (Siva) salute that auspicious Guru). This is the reason why we Indians bow to Guru -- a TEACHER and place a teacher on a pedestal just below the parents. The character and conduct of a teacher is expected to be more like a `Rishi' and as loco-perentis. We will shortly refer to two Supreme Court judgements in this regard. 2. This occasion to remind ourselves of these expectations as to 'the status and dignity of a teacher' has arisen in view of this petition which is filed by a male teacher against whom such charges are held proved which allege Moral Turpitude and Misconduct by such teacher involving exhibition of immoral sexual behaviour towards girl students of the 1st respondent co...

Mr. Diddisingh Ajitsingh Kalyani and ors. Vs. the State of Maharashtra ...

Court: Mumbai

Reported in: (2008)110BOMLR1595

Bilal Nazki, J.1. Special Case No. 1 of 2000 was tried by the Sessions Judge, Pune, who was also a Special Judge for the Maharashtra Control of Organized Crimes Act. Seven accused persons faced trial for the offences under Sections 143, 147, 148, 302, 324 read with Sections 149 and 34 of the Indian Penal Code. They also faced trial for the offences punishable under Section 4 of the Arms Act and Sections 3(1)(i), 3(5) and 3(2) of the Maharashtra Control of Organised Crimes Act. By his judgment and order dated 30th April, 2002 of the learned Sessions Judge, all of them were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 2,000/- each. They were also convicted for the offences punishable under Sections 143, 147 and 148 of the Indian Penal Code and sentenced to suffer R.I. for one year and fine of Rs. 200/- each. They were also convicted for the offence punishable under Section 4 read with Section 25 o...

Dr. Anahita Pandole Vs. State of Maharashtra, Urban Development Depart ...

Court: Mumbai

Reported in: 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555

Swatanter Kumar, C.J.1. Industrial growth and economic prosperity leads to development in various fields. Increase in influx of vehicular traffic is one of the essential consequences of such development. Easy communication and transport facility is essential ingredient for a developing city. The State and other development authorities utilise huge public funds for planned development including laying of roads to ensure more convenient accessibility to various parts of the city or town and to ensure free flow of traffic. Despite consorted efforts in this direction, it is a matter of public knowledge that traffic congestion has become a serious problem for Municipal administration. Generation of revenue by State/public authorities is again an essential feature of economic progress but such revenue generation normally should not be at the cost of environmental, social and human rights. Rudiments of socioeconomic development require that development should be in consonance with the existin...

Commissioner of Central Excise Vs. Sonatapes Pvt. Ltd.

Court: Mumbai

Reported in: 2008(3)BomCR709; 2008(132)ECC302; 2008(158)LC302(Bombay); 2008(229)ELT167(Bom); 2009[16]STR667

1. The Customs Excise Gold (Control) Appellate Tribunal, Western Revision Bench at Mumbai has dismissed an appeal solely on the ground that the Commissioner of Customs and Central Excise, Goa has failed to use the words 'not legal or proper' used in Section 35B(2) of the Central Excise and Salt Act which regulates the filing of appeals.2. The Commissioner (Appeals), Mumbai allowed Modvat credit to the respondent. The Commissioner Customs & Central Excise, Goa perused the order and found that the Commissioner Appeals had allowed Modvat credit on certain items which were not included in the list of capital goods described in the explanation below Rule 57(O) of Central Excise Rules, 1944. He came to the conclusion that the retrospective application of the notification and giving benefit of Modvat credit on inadmissible capital goods was 'bad in law'. He, therefore, directed the Assistant Commissioner of Central Excise to file an appeal with CEGAT.3. The CEGAT dismissed the appeal. Accordi...

Krishna Ganpatrao Kamdi and ors. Vs. Liladhar S/O Laxman Pathode and o ...

Court: Mumbai

Reported in: 2008(4)ALLMR223; 2008(6)MhLj391

Swatanter Kumar, C.J.1. It is a settled cannon of interpretative law that recital or preamble of an Act is key for opening the meaning and intent of an Act. Equally true it is that preamble of the statute can neither expand nor control the scope and application of the substantive provision particularly when it is clear and explicit. The legislature with a view to provide for orderly development of co-operative movement in the State of Maharashtra and in accordance with the relevant directive principle of the State policy enumerated in the Constitution of India considered it expedient to consolidate and enact the laws relating to the Co-operative Society in the State. The Bombay Co-operative Societies Act, 1925 in its application to State of Maharashtra was repealed and by a new enactment The Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the 'said Act') was enacted. This Act was for the development of the co-operative movement which was expected to be in an or...

Commissioner of Customs (import) Vs. Nandi Highways Developers Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. This application for rectification of mistake is filed by the Revenue against the Final Order No. A/385/WZB/2007/CSTB dt.25.5.2007.3. The bench while disposing of the appeal filed by the Revenue against order-in-appeal No. 67/2005(JNCH) held as under: On an issue like this we feel that the opinion of the Ministry of Surface Transport deserves consideration of the authorities. Moreover, the respondents have also produced a certificate from Dr. S. Venkatachalam, Professor of Department of Metallurgical Engineering & Material Science, IIT, Bombay. We are reproducing the said certificate. (Certificate reproduced in order). According to the procedure the entire assembly is to be considered as stone crushing cone type plant. In these circumstances we do not find any merit in the Revenue's appeal. Hence we dismissed the same and upheld the impugned order.4. As against the above said order the Revenue's contention in the application for rectification of mistake is that there is an in b...