Mumbai Court August 2008 Judgments
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Glaxo Smith Kline Pharmaceuticals Ltd. Vs. Abhay Raj JaIn and anr.
Court: Mumbai
Decided on: Aug-12-2008
Reported in: 2008(6)BomCR602; (2009)IILLJ337Bom
Khandeparkar R.M.S., J.1. Heard at length the learned Senior Counsel for the parties. This appeal arises from the judgment and order dated 9-7-2002 passed by the learned Single Judge in Writ Petition No. 760 of 2002. By the impugned order, the petition filed by the appellant against the order of the Industrial Court, Mumbai has been dismissed.2. The Industrial Court, Mumbai by order dated 24-1-2002 passed in Complaint (U.L.P.) No. 921 of 2001 had allowed the application filed by the respondent No. 1 against the order of transfer passed against the said respondent by the appellant on 16-10-2001 overruling the objection regarding lack of jurisdiction to entertain the complaint raised by the appellant in the said case. The Industrial Court and the learned Single Judge held that the Industrial Court under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter called as 'the M.R.T.U. & P.U.L.P. Act') has jurisdiction to entertain the compl...
Federation of All India Hire Purchaser Financiers Vs. Union of India ( ...
Court: Mumbai
Decided on: Aug-12-2008
Reported in: AIR2008Bom198; 2008(6)ALLMR831; 2009(1)BomCR374
F.I. Rebello, J.1. The petitioner - a registered body has filed this petition on behalf of its members and financiers who also are its members arid who carry on business of financing under Hire Purchase Agreement for motor vehicles. The locus of the petitioner to file the petition has not been disputed including by respondent No. 7, who has filed the affidavit. The contention of the petitioner is that they have approached this Court on account of haraasment which was being caused by Jalgaon police to some of the financiers - members of the federation and because of the financiers writing a letter to the President of the federation to take the lead in giving protection to the financiers.2. Shortly, the case, according to the petitioner is that, there are as many as six financiers, who were its members and who were carrying on business of financing at Jalgaon under hire purchase basis of motor vehicles. One Kirtansingh s/o Harisingh Chabada filed a complaint on 7-2-1994, which was regist...
Shailendra Shikshan Sanstha Vs. Khandu Bhagwan Kawade and anr.
Court: Mumbai
Decided on: Aug-11-2008
Reported in: 2008(6)BomCR855
Majmudar P.B., J.1. By filing this petition, the petitioner institution has challenged the judgment and order passed by the School Tribunal, Pune Region, Solapur, dated 29th April, 1998 in Appeal No. 202 of 1994.2. The respondent No. 1 herein instituted the aforesaid proceedings before the Tribunal by way of challenging his termination order dated 5th June, 1994 issued by the petitioner management. The petitioner is a Public Charitable Trust and a Society duly registered under the Bombay Public Trust Act, 1950 and Societies Registration Act, 1860. The said trust runs a School namely Loni Maratha Vidyalaya, Solapur. The first respondent was appointed as an Assistant Teacher with effect from 17-10-1992 and in this behalf an appointment order dated 15-10-1992 was issued in his favour. Since the first respondent was over aged at the relevant time, the appointment order was made subject to giving relaxation in age by the Deputy Director of the State.3. The grievance of the first respondent ...
Moreshwar Dinanath Save Vs. the State of Maharashtra (Central Bureau o ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: (2008)110BOMLR2595; 2008CriLJ4202
V.R. Kingaonkar, J.1. These three petitions are being disposed of together inasmuch as they arise in identical circumstances and involve same questions of law and facts.2. By these petitions, petitioners seek quashing of criminal proceedings pertaining to Special Case No. 6/1992 and Special Case No. 7/1992 arising out of Crime No. RC-16/1974 registered by C.B.I., Bombay.3. Petitioner - Moreshwar Save is Chairman of Savera Group of Companies, which deals in manufacturing Pharmaceuticals and engineering products, transport, computers, cinema theatres etc. Petitioner-Ganesh Datar is Ex-Manager of United Commercial Bank, Aurangabad. A vigilance Officer of the said UCO Bank gave a report dated 24th December 1973 to the C.B.I. against Ganesh Datar, one Ex-Accountant, one Sardar Tarlochansing and petitioner - Moreshwar Save alleging financial irregularities. It was alleged that overdraft facilities were granted in favour of said Sardar Tarlochansing and petitioner - Moreshwar Save in the exce...
State Through Public Prosecutor, High Court of Bombay at Panaji Vs. An ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: 2009CriLJ1355
R.C. Chavan, J.1. This appeal by State is directed against acquittal by the learned IIIrd Asistant Session Judge,South Goa, Margao, of five respondents tried before him for offence of Dacoity punishable under Section 395 of the Penal Code.2. Facts which led to prosecution of respondents are as under. One Pandurang Upadhye, running a shop of electrical goods at Tisk Usgaon, resided with his family at Pillem, Dharbandora. On the evening of 23/5/99 at about 7 p.m., when Pandurang's wife Kunda, her Father-in-law Ganesh and a servant Archana were at home, 5-6 persons armed with knives broke into the house and robbed them of ornaments and valuables. Servant Archana managed to slip. Pandurang reached home at 8.30 p.m. and he too was robbed of Rs. 1,50,000/- in cash. Pandurang and Kunda had sustained injuries and were taken to hospital.3. Upon being informed, police arrived, recorded a report by Kunda, registered an offence and commenced investigation. The Investigating Officer performed panch...
Vice-chancellor, Mahatma Phule Agricultural University and ors. Vs. Sh ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: 2009(1)BomCR191; (2008)110BOMLR2773; [2009(121)FLR573]; 2009(2)MhLj151
Nishita Mhatre, J.1. The judgment challenged in this petition had been delivered by the Member, Industrial Court, Pune on 31.3.1997 in complaint (ULP) No. 579 of 1993. By this judgment, the Industrial Court has allowed the complaint filed by the workman and has held that the petitioners have committed an unfair labour practices under Items 6 and 9 of Schedule IV of the MRTU & PULP Act. The petitioners have been directed to regularise the workman by making her permanent from 15.12.1993 i.e. the date of filing of the complaint and to pay her the difference in wages from that date.2. The undisputed facts in the present case are as follows:The petitioner recruited the workman in 1981. A common seniority list was released on 19.1.1983. The workman was at serial No. 221 in this list. In 1987, 31 employees were regularised in service. During the period between 3.9.1990 and 3.4.1993, several other daily rated workmen were regularised. According to the petitioner, these regularisations were eff...
Bharatiya Shikshan Prasarak Sanstha Through Its President Shri Babulal ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: 2009(1)BomCR714
R.M. Borde, J.1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at admission stage.2. Petitioner who is the judgment debtor in Regular Darkhast No. 63/2000 presented by respondent No. 3/decree holder is raising challenge to order passed below exh. 29 and 32 by the 5th Jt. Civil Judge, Jr.Dn., Majalgaon on 16-6-2007 whereby objection application tendered by petitioner came to be rejected.3. Regular Civil Suit No. 124/84 was presented by respondent No. 3 claiming declaration, injunction and alternatively partition and separate possession of his 1/6th share in the suit property. Suit property is plot out of survey No. 375/3 situate within the limits of Majalgaon. Plaintiff/decree holder claims his entitlement to an area to the extent of 55 X 35 ft. Institution/petitioner herein is the purchaser of shares in larger area from other defendants. Defendant No. 1 represented the local school committee in his capacity as Secretary of B...
Commissioner of Income Tax Vs. Walfort Share and Stock Brokers (P) Ltd ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: (2008)219CTR(Bom)409; [2009]310ITR421(Bom)
J.P. Devadhar, J.1. This appeal is filed by the Commissioner of Income-tax ('Revenue' for short) under Section 260A of the IT Act, 1961 against the respondent ('assessee' for short). The appeal is filed to challenge the decision of the Tribunal, Special Bench, Mumbai dt. 15th July, 2005 in ITA No. 2307/Mum/2004. Basically, two questions of law are raised by the Revenue in this appeal, namely:(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the transaction of purchase and sale of the units of Chola Freedom Technology Fund was a bona fide commercial transaction and not a colourable device adopted with a view to avoid the tax liability and, therefore, the loss arising from the transaction was liable to be set off against the taxable income of the assessee?(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the artificial loss arising from the above transaction could not be consi...
Maria Luiza Valentina Pereira and anr. Vs. Jose Paulo Coutinho and ors ...
Court: Mumbai
Decided on: Aug-08-2008
Reported in: 2008(6)ALLMR160; 2009(1)BomCR370
Britto N.A., J.1. Challenge in this appeal is to the Order dated 15.10.1999 of the learned Comarca Judge at Margao.2. The short question for consideration is whether the property located at Mumbai and which is enlisted under Item No. 8 is required to be excluded or not from the Inventory Proceedings. The said issue was required to be decided by the learned Comarca Judge by virtue of Order of this Court dated 16.3.1999 in Appeal from Order No. 59/1998.3. Some facts are required to be stated to dispose off this appeal. Inventory Proceedings are going on upon the death of Joaquim Mariano Pereira and his wife Claudina Lacerda Pereira who died leaving behind three daughters namely Maria Augusta Antoneita Luisa Pereira Fernandes, Virginia Pereira and Maria Luiza Valetina Pereira. Initially the said Virginia Pereira was appointed as Administrator and had listed the properties of the said inventoried/inventariados. Subsequently Maria Augusta came to be appointed as the Administrator and she ch...
Pushp Holdings Ltd. Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Aug-08-2008
Reported in: 2008(6)ALLMR901
Nishita Mhatre, J.1. The applicant has challenged the order of the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai dated 13.8.2007, refusing to permit the applicant to insert the verification clause in the affidavit filed by him in lieu of the examination in chief.2. The facts in the present case are as follows:The applicant filed a complaint under Section 138 of the Negotiable Instruments Act against Respondent No. 2 on 7.10.2002. The verification of the complainant was recorded on 18.8.2003. Process was issued thereafter on 8.12.2003 against Respondent No. 2. The applicant filed an affidavit in lieu of examination in chief on 2.4.2004. On 13.10.2005, the respondent No. 2 preferred an application before the Metropolitan Magistrate praying for an acquittal on the ground that the affidavit of evidence was not affirmed and because it was not appended with a verification clause. This application was rejected on 2.5.2006. The applicant then moved the Court for a de novo trial so as ...
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