Mumbai Court June 2008 Judgments
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Raju Dakru Bawane and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-20-2008
Reported in: 2008(5)ALLMR603; 2008(6)MhLj76
D.D. Sinha, J.1. Rule is made returnable forthwith in both the Writ Petitions by consent of Mr. R.R. Shrivastava, Adv. and Mr. N.S. Khubalkar, Adv. for the petitioners and Smt. Indira Bodade, Assistant Government Pleader, Mr. Pradeep Marpakwar, Adv. and Mr. S.M. Puranik, Adv. for respondents. Since the cause of action involved in both the Writ Petitions is identical, they are heard together and disposed of by this judgment.2. The following facts have given rise to filing of both these petitions:That the State Election Commissioner, Mumbai has published a notification dt. 2-5-2008 and declared the bye-elections of the Ward Nos. 64, 65, 35, 56, 25, 53, 73 and 98 of Nagpur Municipal Corporation, Nagpur. As per the election programme, the candidates who wanted to contest the bye-elections were required to submit their nomination fonns between 14th May, 2008 to 21st May, 2008. Scrutiny of the nomination papers was scheduled to be held on 22-5-2008. The date for publishing the names of eligi...
Mahadeo S/O Tulsiram Pathade (Dead) Through Lrs. S/O Mahadeo Pathade a ...
Court: Mumbai
Decided on: Jun-20-2008
Reported in: 2008(5)ALLMR671; 2008(6)MhLj496
A.P. Bhangale, J.1. The present appeal is directed from the judgment and order passed by 3rd Ad hoc Additional District Judge, Wardha on 23rd March, 2004, whereby the first Appellate Court had set aside the judgment and decree passed in Regular Civil Suit No. 38/1997 dated 30-11-1999 and decreed Regular Civil Suit No. 48/1997. Thus, original plaintiff Vatsalabai (in Regular Civil Suit No. 48/1997) was held, entitled for possession to the portion of 0.58 R out of Land Survey No. 3/2 described in the plaint para 6 (read with map Exh.41). In the result, the appellant herein and their father Mahadeo Tulshiram Pathade were directed to hand over the possession of the said land situated in Mouza: Garpit, Tahsil: Karanja, District: Wardha and were further directed to pay damages, jointly and severally in the sum of Rs. 24,000/- + notice charges and expenses in the sum of Rs. 500/-. Separate order was made for inquiry as per Order 20, Rule 12 of the Code of Civil Procedure for mesne profits.2. ...
Commissioner of Sales Tax Vs. Kwality Frozen Foods Ltd.
Court: Mumbai
Decided on: Jun-20-2008
Reported in: (2009)19VST355(Bom)
1. By this application, the applicant-Commissioner of Sales Tax seeks reference on the following substantial question of law:Whether, on the facts and in the circumstances of the case and on true and correct interpretation of the notification entry 374 issued under Section 41 of the Act, read with Schedule C, Part II of entry 35(1) the Tribunal was justified in law in granting prospective effect to the determination order passed by the Commissioner though the said notification entry is quite clear and unambiguous2. Heard Mr. Vinay Sonpal, the learned A. G. P. for the applicant and Mr. P. C. Joshi for the respondent. The respondent herein is a manufacturer of ice-creams and it is the case of the respondent that right from 1960 till June 30, 1981 ice-creams were admittedly treated and assessed as 'sweet and sweetmeats' under the Bombay Sales Tax Act. It is the case of the respondent that even after July 1, 1981 ice-creams were not placed in separate Schedule entry but were clubbed in the...
The State of Maharashtra Through the Special Land Acquisition Officer ...
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(5)BomCR334
Swatanter Kumar, C.J.1. State of Maharashtra issued a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 3rd February 1970 intending to acquire lands for a public purpose, namely, development and providing of plots for residential as well as commercial purposes and for an industrial complex from the revenue estate of Village Panvel. CIDCO was the developing authority for whose benefit the lands had been acquired and eventually transferred to the said Corporation. In furtherance to this Notification, declaration under Section 6 of the Act was issued on 11th January 1973. The SLAO exercising the powers of the Collector under the provisions of the Act and after adopting the prescribed procedure, made an Award under Section 11 of the Act on 21st January 1981. In this Award, the SLAO awarded compensation at the rate of Rs. 1.50/- to Rs. 6/- per sq. mtr. for the lands acquired. The possession of the land was taken by the official Respondent...
The Bombay Diocesan Trust Association Pvt. Ltd. a Company Registered U ...
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(6)BomCR645; (2008)110BOMLR2145
Swatanter Kumar, C.J.1. Pertinent and important question of law arises for consideration of the court in this appeal. The contention on behalf of the appellant is that despite the language of Section 19 of the Contempt of Courts Act, 1971, hereinafter referred to as `the Act', an appeal shall lie against an order passed by the learned Single Judge discharging the contempt notice or declining to punish the contemnor in accordance with the provisions of Clause 15 of the Letters Patent.2. Before we proceed to examine the legal niceties of the submissions and the judgments on the subject, it will be appropriate to notice the necessary facts giving rise to the present appeal.3. The Bombay Diocesan Trust Association Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and the public trust duly registered under the Bombay Public Trust Act, 1950, claiming to be the owner of the properties situated at Saint Andrew High School, Meghraj Sethi Marg, Agripada, Mum...
Liladhar Vasant Chogale Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jun-19-2008
Reported in: (2008)110BOMLR2120; [2008(118)FLR771]; 2008(6)MhLj742
V.M. Kanade, J.1. Both these petitions can be disposed of by a common judgment since the petitioners in both these petitions are seeking pensionary benefits. Both of them were working in the Indian Institute of Technology, Powai, Mumbai.2. The petitioners are seeking an appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondent to make a Pension Scheme applicable to the petitioners and for writ of certiorari for quashing the impugned order dated 18th April, 1995 in Writ Petition No. 1982/2005 whereby the petitioner No.1 was informed by the said letter that the petitioner was not entitled to switch over from the Provident Fund to the Pension-cum-Gratuity Scheme. Brief facts which are relevant for the purpose of deciding both these petitions are as under:3. The petitioner in Writ Petition No. 1982/2005 joined respondent No.2 in August 1962 and he retired as Laboratory Superintendent, 'A' Group, with effect from 31.8.1994 in the Pay Scale ...
Kum. Jayshree Zine and ors. Vs. Maharashtra Public Service Commission ...
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(4)ALLMR627; 2008(5)BomCR339; (2008)110BOMLR2112; 2008(6)MhLj302
Swatanter Kumar, C.J.1. Maharashtra Public Service Commission on 7th May, 2005 issued an advertisement in the newspaper advertising the vacancies for the posts of Assistant Motor Vehicle Inspector, Group `C' in the Transport Department of the Home Department of State of Maharashtra. In all there were 207 posts to be filled in which included reserved posts as well. 62 seats were reserved for women candidates. It is the case of the petitioners that they fulfilled all the requirements and eligibility criteria and resultantly, they submitted applications for selection to that post. A written examination was held on 12th November, 2005. The petitioners claim to have qualified the test and called for physical fitness test and subsequently for interview in March, 2006. The petitioners were asked to appear/reappear for physical fitness test as there was some doubt in regard to measurement of their height. In April, 2006, the petitioners reappeared for physical fitness test. The concerned autho...
Rajkumar S/O Deepchand Mulchandani Vs. State of Maharashtra Through th ...
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(5)ALLMR317; 2008(6)BomCR329; 2008(6)MhLj31
D.D. Sinha, J.1. Rule returnable forthwith. Heard finally by consent of Shri Bhangde, learned Senior Counsel for the petitioners, Mrs. Bodade, learned Assistant Government Pleader for the respondent Nos. 1 and 3, Mrs. Jog and Shri Nasre, learned Counsel for the respondent No. 2, Shri Khapre, learned Counsel for the respondent No. 4, and Shri Thombre, learned Counsel for the respondent No. 5. Since cause of action involved in both the petitions is identical, they are heard together and disposed of by this common judgment. 2. The petitions are directed against the orders dated 18.2.2008 and 9.5.2008 passed by the Caste Scrutiny Committee as well as consequential orders dated 21.5.2008 passed by the Commissioner, Municipal Corporation, Akola. 3. Shri Bhangde, learned Senior Counsel for the petitioners, states that the impugned orders dated 9.5.2008 are passed by the Caste Scrutiny Committee mainly on the basis of report dated 26.4.2007 submitted by the Tahsildar that the caste certificate...
Ganesh Ashok Narhari Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(6)MhLj197
S.S. Shinde, J.1. Rule. Rule is made returnable forthwith. By consent taken up for final hearing. Heard the learned Counsel appearing for the petitioner and learned Government pleader appearing for the State.2. By this petition, the petitioner has challenged the order dated 27-3-2008 passed by Respondent No. 2-Committee thereby invalidating the caste certificate of the petitioner as belonging to Mahadeo Koli - Scheduled Tribe. It is the contention of the petitioner that considering the evidence produced by him in support of his caste claim, he was granted caste certificate as belonging to Mahadeo Koli - Schedule Tribe by the Tahsildar Executive Magistrate, Pune City, Dist. Pune. The petitioner was appointed on the post of Sr. Technical Assistant (A) under the Reserved Category of Scheduled Tribe by Respondent No. 3. The petitioner's caste certificate was referred to Respondent No. 2 the Caste Scrutiny Committee, Pune for verification. It is the case of the petitioner that the petitione...
icici General Insurance Co. Ltd. Vs. Ransingh S/O Dadla Pawra and ors.
Court: Mumbai
Decided on: Jun-19-2008
Reported in: 2008(6)MhLj278
Abhay S. Oka, J.1. Heard learned advocate appearing for the appellant and the learned advocate appearing for the contesting respondents (original claimants). Since the challenge is to the orders passed in the claim petitions under Section 140 of the Motor Vehicles Act, 1988, the appeals are taken up for final disposal at the stage of admission.2. These appeals arise out of the claim petitions filed claiming compensation on account of the same accident. The case of the claimants is that they had hired a Tata transport vehicle for carrying fertilizers. It is their case that the persons who had hired the truck were travelling by the vehicle as owners of the fertilizer, which was being carried in bags. The said vehicle met with an accident. Some of the occupants were injured and some of the occupants lost their lives. Apart from filing the claim petitions under Section 166 of the said Act of 1988, the claimants applied under Section 140 of the said Act for grant of compensation on account ...
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