Mumbai Court June 2008 Judgments
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Abdul Haque Abdul Aziz Vs. Mohammed Rizwan and ors.
Court: Mumbai
Decided on: Jun-17-2008
Reported in: 2008(6)MhLj373
A.A. Sayed, J.1. Rule. Rule made returnable forthwith and heard finally by consent.2. This petition is directed against the order dated 13th December, 2007, passed by the City Civil Court, Bombay, whereby the Notice of Motion No. 3765/2007 taken out by the defendants to refer the dispute to arbitration is allowed.3. The suit is filed by the petitioner to claim his share in the suit property on the basis of partnership deed. The partnership deed contains an arbitration Clause wherein it is provided that in case of any dispute, the same would be referred to arbitration.4. It is the case of the petitioner that the suit before the Trial Court is part-heard and it is only during the course of cross-examination of the petitioner that the Respondent No. 1 has filed the Notice of Motion being Notice of Motion No. 3765 of 2007 praying that the matter be referred to arbitration. The learned Counsel for the petitioner submitted that the suit is of the year 2000 and the Notice of Motion is taken o...
Kalandi Baburao Raut and ors. Vs. Dattu Damu Thakare
Court: Mumbai
Decided on: Jun-17-2008
Reported in: 2008(6)ALLMR327; 2008(5)BomCR693
Borde R.M., J.1. Appellants herein are raising challenge to the judgment and decree dated 29.8.1996, passed by the Joint Civil Judge, Junior Division, Jamkhed in Regular Civil Suit No. 187/1990, whereby suit presented by plaintiffs-appellants herein claiming relief of specific performance of contract on the basis of agreement of sale dated 6.11.1989 has been dismissed. The judgment and decree passed by the trial Court has been confirmed in an appeal presented at the instance of plaintiffs-appellants being R.C.A. No. 402/96, by the Extra Joint District Judge, Ahmednagar, vide judgment and order dated 15.9.2000.While admitting the appeal on 31.8.2001, this Court has framed following substantial questions of law.(i) Whether Section 43 of the Bombay Tenancy and Agricultural Lands Act prohibits absolutely, even an agreement of sale, without delivery of possession, to the prospective purchaser?(ii) Whether such an agreement of sale is rendered unlawful and illegal?(iii) Whether the Courts be...
Retreat Unit of Makewaves Sea Resort Pvt. Ltd. Vs. Ramesh B. Walmiki
Court: Mumbai
Decided on: Jun-17-2008
Reported in: (2008)IIILLJ937Bom
S.C. Dharmadhikari, J.1. Heard both sides. Mr. Shukla who appeared before this Court on earlier occasion had waived service for respondent. With their consent petition was heard finally and was reserved for orders. Accordingly it has been placed today for orders.2. The petition is directed against an interlocutory order passed by the learned Judge of the 2nd Labour Court, Mumbai dated February 20, 2008 in Complaint (ULP) No. 273/2004. An application was made during the course of hearing of the complaint (U-8) by the respondent workman, upon which a reply was filed by the petitioner which was taken on record and marked as Exhibit C-12.3. The complaint is at the instance of the workman alleging unfair labour practice under M.R.T.U. and PULP Act, 1971. It is not necessary to make a detailed reference to the allegations in the complaint and the unfair labour practice alleged inasmuch as the controversy before the Court below in the above application was very limited.4. Suffice it to state ...
State of Goa and ors. Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jun-17-2008
Reported in: 2009(1)BomCR257
Bobde S.A., J.1. This is a petition by the State of Goa, its Directorate of Technical Education and Goa College of Architecture. The College of Architecture is an institution, established and administered by the Government of Goa. By this petition, the petitioners have challenged the order dated 14.6.2007 issued by respondent No. 2- Council of Architecture, a statutory body, constituted under the Indian Architects Act, 1972. By the impugned order, the Council has directed that the admissions to the institution shall be withheld from the Academic Session 2007-2008 as the intake of the students is freezen.2. This impugned order was preceded by communication dated 12.6.07 to the effect that the Executive Committee of the Council of Architecture at its 90th Meeting held on Wednesday, 6th June, 2007 has decided to make the National Aptitude Test in Architecture (N.A.T.A.) compulsory in all the architectural institutions in the Country from the Academic Session 2007-2008 and further that for...
Mrs. Sandra Fernandes Vs. Vithal Alias Aba Satu Naik and Savan Vithal ...
Court: Mumbai
Decided on: Jun-16-2008
Reported in: (2008)110BOMLR2270
N.A. Britto, J.1. This is Complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 10/02/2006 of the learned JMFC, Mapusa. 2. Some admitted facts need to be stated first to dispose of the present appeal. The Complainant and Shri Vithal S. Naik/A1 entered into an agreement for sale dated 25/03/1998. As per the said agreement, the Complainant along with her minor son, as vendors, agreed to sell a part of the property under Chalta No. 95 of P.T. Sheet No. 146, with house bearing No. 152/13 for a sum of Rs. 10 lacs. The property/house was agreed to be sold subject to the Complainant making out a clear title. A sum of Rs. 50,000/-was paid to the Complainant by cheque. Another sum of Rs. 5 lacs by way of cheque was also handed over to the Complainant and the balance of Rs. 4.5 lacs was to be paid at the time of the execution of the sale deed. The Complainant is stated to have put the said Vithal S. Naik/A1 in posse...
Tapi Irrigation Development Corporation Through the Executive Engineer ...
Court: Mumbai
Decided on: Jun-16-2008
Reported in: 2008(5)ALLMR177; 2008(5)BomCR331; (2008)110BOMLR2057; [2008(118)FLR774]; 2009(1)MhLj350
P.R. Borkar, J.1. This is a writ petition filed by the petitioner Corporation through its officer, being aggrieved by the order of reinstatement with 50 per cent backwages awarded by the learned Presiding Officer, Labour Court, Jalgaon while deciding Reference (I.D.A.) No. 30 of 1989 on 29.6.1996.2. Facts giving rise to this Reference are stated as below.On 26.7.1988 present respondent Bhanudas Nathu Patil filed complaint to the Labour Officer, Jalgaon stating that he was employed by the present petitioner on the work of repairs and maintenance of canals by the Girna Kalwa Nutanikaran Vibhag No. 2, Jalgaon. He stated that he was in the employment from 1983 on daily wage basis. On 5.7.1986 his services were orally terminated. At that time he was getting daily wages of Rs. 13.70. He had completed more than 240 days of work within preceding year. He was not paid retrenchment compensation as required under Sections 25F and 25G of the Industrial Disputes Act, 1947 (hereinafter referred to a...
Maharashtra State Road Transport Corporation Through Its Divisional Co ...
Court: Mumbai
Decided on: Jun-16-2008
Reported in: [2008(118)FLR808]; 2009(1)MhLj313
P.R. Borkar, J.1. This is a writ petition filed by the Maharashtra State Road Transport Corporation being dissatisfied with the order passed by the Industrial Court, Nasik in Revision Application (ULP) No. 332 of 1995 on 12.12.1996, whereby the order passed by the Labour Court, Jalgaon in Complaint (ULP) No. 64 of 1994 on 26.7.1995 was set aside.2. The Labour Court upheld dismissal of present respondent by order dated 11.5.1994 and directed the present petitioner to pay the respondent all terminal dues, namely, Provident Fund, Gratuity, etc. However, prayer for reinstatement with full backwages and continuity of service was rejected. The Industrial Court, Nasik set aside the said order and held that the petitioner Corporation had indulged in unfair labour practice under Item 1 (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as, 'the Maharashtra Act of 1971') and directed reinstatement of the ...
Vishnu Narayana Naik (Since Deceased) (Represented Smt. Taramati Naik ...
Court: Mumbai
Decided on: Jun-16-2008
Reported in: 2008(5)ALLMR844; 2008(6)BomCR227; (2008)110BOMLR2298
R.C. Chavan, J.1. This appeal by tenants in respect of 18415 square metres of land out of S. No. 132/1 of village Penha de Franca is directed against judgment of the learned IInd Addl. District Judge, Panaji rejecting their reference for enhancement of compensation upon acquisition of this land. 2. It is not in dispute that appellants are tenants in respect of this land, which was acquired by respondent No. 1 for respondent No. 3 in proceedings initiated by notification under Section 4 published on 17.5.1990. The Land Acquisition Officer awarded compensation @ Rs. 125/- per square metre against higher claims by claimants- landlords & tenants. Aggrieved thereby they sought references, which were sent by the Collector to the District Court. 3. A learned Judge of the District Court partly allowed reference by landlords awarding compensation @ Rs. 150/- per square metre for 15465 square metres of land, retaining compensation @ Rs. 125/- per square metre for remaining 9000 square metres lan...
Marjorie Passanah and anr. Vs. Mumtaz Iqbal Shaikh
Court: Mumbai
Decided on: Jun-16-2008
Reported in: 2008(6)BomCR72
Sayed A.A., J.1. Heard the learned Counsel for the parties.2. This petition impugns the order dated 10.2.2008 passed by the Appellate Bench of Small Causes Court at Bombay, whereby the petitioners have been ordered and directed to deposit and continue to deposit compensation @ Rs. 15,000/- per month, in addition to the monthly rent and permitted increases till the decision in the Appeal as a condition to the grant of stay to the execution of the decree and liberty has been granted to the respondent to withdraw the amount deposited towards monthly rent and permitted increases as per the order of the trial Court.3. The suit premises is a flat comprised of two bed rooms with servant's room and attached toilet in a building known as Victoria Terrace, 3rd Victoria Cross Lane, Byculla, Mumbai - 400 027 admeasuring 1250 sq.ft. carpet area. The suit was filed by the respondents, who are the landlords of the suit building for eviction of the petitioners, who are tenants, from the suit premises,...
Balaji Agencies Pvt. Ltd. Vs. Vilas Bagi and anr.
Court: Mumbai
Decided on: Jun-16-2008
Reported in: 2009CriLJ4250
N.A. Britto, J.1. This is complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 by virtue of judgment dated 24-3-2006 of the learned J.M.F.C., Panaji.2. There is hardly any dispute as to the facts.3. M/s. Balaji Agencies was a proprietorship concern of Vijay M. S. Usgaonkar till about 1998 with whom the accused who is the Chairman and Managing Director of M/s. Bagi Packages Ltd. had dealings.4. Thereafter, the said Vijay along with his brother Venkatesh formed a company and registered under the Indian Companies Act, 1956. Both were the distributors for Indian Petro Chemicals Company Ltd. and the accused had dealings with both of them. The accused placed an order for supply of certain material sent by letter dated 22-9-1997 addressed to M/s. Balaji Agencies and along with the said letter sent the subject cheque bearing No. 294434, not over Rs. 5,00,000/- as token of security. The terms agreed upon were also noted in the said ...
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