Mumbai Court April 2009 Judgments
State Bank of Mysore Vs. Machado Computer Services Through Its Proprie ...
Court: Mumbai
Decided on: Apr-30-2009
Reported in: 2009(4)BomCR199; 2009(111)BomLR2481
R.S. Dalvi, J.1. This appeal challenges the order of injunction restraining the appellant bank from encashing a letter of Credit (LC) from the respondent No. 3 bank pending the suit filed by the respondent No. 1 herein inter alia against the respondent Nos. 2, 3 and the appellant as the defendant Nos 1,2 and 3 respectively. There were two letters of credit applied for by the plaintiff in the suit (the respondent No. 1 herein) from its banker respondent No. 3. These have been discounted by the appellant bank. The appellant bank called upon the respondent No. 3 bank to make payment in terms of the bill of exchange drawn by the respondent No. 2 and accepted by the respondent No. 1 under the transaction.2. The transaction between the parties was the sale of certain computer parts which were delivered by the respondent No. 2 to the respondent No. 1 and accepted by the respondent No. 1 upon taking inspection and stating that they were received in full and in satisfactory working condition.3....
Tag this Judgment!Smt. Ravinder Kaur Widow of Late Ranjit Singh Mann, Vs. Smt. Amarjit K ...
Court: Mumbai
Decided on: Apr-30-2009
Reported in: 2009(4)BomCR705
P.D. Kode, J.1. By the present appeal the appellants/original claimants, who are respectively wife and daughters of one deceased Ranjit Singh have challenged the judgment and order dated 3.12.1998 passed by Motor Accident Claim Tribunal, Wardha in Motor Accident Claim Petition No. 136/1994 partly upholding the claim of compensation to the tune of Rs. 4,65,000/- (inclusive of compensation for no fault liability) with interest at rate of 12% per annum since the date of the application out of original claim of Rs. 20,00,000/- made and has prayed for enhancing compensation by atleast Rs. 5,40,000/-.2. The facts bereft of unnecessary details, giving rise to passing of said judgment and order are as under:It is the case of the claimants that on 16.4.1994 Ranjit Singh, 35 years of age and earning Rs. 15,000/- per month from business was proceeding to Nagpur from his 'Motel Highway' at Palora by sitting on left side of driver in the cabin in a truck bearing registration No. MWY-7291 owned by r...
Tag this Judgment!Chhabutai Sanjay Tupatkar and ors. Vs. Govind Haruishchandra Wasnik an ...
Court: Mumbai
Decided on: Apr-30-2009
Reported in: 2009(4)BomCR207
Kode P.D., J.1. By this appeal appellants on ground of inadequacy of compensation awarded have taken exception to judgment and order dated 5.9.2002 passed by Member of Motor Accident Claim Tribunal, Amravati in Claim Petition No. 254/1996 partly allowing their claim of compensation to tune of Rs. 7,70,000/- (inclusive of no fault liability amount) with interest thereon at the rate of 9% per annum from the date of petition till realization of the said amount, out of claim of Rs. 12,00,000/- preferred by them and have prayed for enhanced compensation of Rs. 4,30,000/- with 18% thereon from the date of petition preferred by them.2. Sanjay Tupatkar, husband of appellant No. 1 and father of appellant Nos. 2 to 4 had died in an accident occurred on 20.7.1996 while he was proceeding from Amravati side to Badnera S.T. Stand on National Highway No. 6 near Police Station Chowk, Badnera on Scooter bearing No. MZR-5457 driven by his friend Sudarshan.3. The said accident had occurred due to Luxury ...
Tag this Judgment!Yuvraj Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Apr-30-2009
Reported in: (2009)225CTR(Bom)283; [2009]315ITR84(Bom)
Naresh H. Patel, J.1. The petitioner-assessee challenges the proposed action under Section 147 of the Income-tax Act, 1961, vide order dated May 17, 2000, of the Deputy Commissioner of Income-tax, Circle 2(1), Dhule.2. The petitioner contends that the late Shri Kisanrao Sonuji Karankal had acquired 'right to purchase property', an open plot at Kothrud, Pune. Those rights were sold as per the agreement dated January 2, 1995, to one Shri Lalit Amrutlal Shah and Simil Shridhar Deshpande. The petitioner contends that the late Shri Kisan Karankal entered into an agreement of assignment and transfer. An amount of Rs. 5,50,000 was received from time to time by way of part completion and assignment as compensation from M/s. Bilwa Promoters, Pune and other intervening parties. The prospective purchasers committed breach of agreement and failed to perform their part of contract. Ultimately, on October 11, 1995, the petitioner made a total assignment in favour of Lalit Amrutlal Shah and Sunil Shr...
Tag this Judgment!Rahmania Taleemi Society Vs. Khan Arza Khantoon Mohammed Osman Nawab K ...
Court: Mumbai
Decided on: Apr-30-2009
Reported in: 2009(5)BomCR318
Kingaonkar V.R., J.1. Challenge in this petition is to judgment and Order dated 6th December, 2001, rendered by learned Presiding Officer, School Tribunal, in an Appeal (App. No. 46 of 1999) whereby the respondent No. 1 was directed to be reinstated in the service alongwith full backwages and also for recommendation of her case to the postal D.Ed. course.2. There is no dispute about the fact that respondent No. 1 Smt. Azra Khantoon was appointed on temporary basis as an assistant teacher in the primary school run by the petitioners. Admittedly, she is not a trained teacher. She is S.S.C. The Education Officer granted approval to her appointment for the academic years 1993-94 and 1994-95 subject to her completion of D.Ed. course.3. The respondent No. 1 filed an appeal in the School Tribunal, Aurangabad, alleging that her services were orally terminated on 27th January, 1999. She asserted that no termination notice was served on her. She had filed Writ Petition No. 3010/1996 in the High ...
Tag this Judgment!Titanor Components Ltd. Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Apr-29-2009
Reported in: (2009)224CTR(Bom)566; [2009]184TAXMAN10(Bom)
B.P. Dharmadhikari, J.1. All these appeals by same assessee raise same question of law which has been formulated while admitting the appeals on 19.9.2006. The said question is as under ;Whether the Tribunal was justified in law in holding that the appellant was entitled to depreciation on the assets acquired from M/s. Western India Match Company Ltd. (WIMCO) based on the value placed in the surveyors report and not on the actual cost incurred by the appellant for acquisition of the assets.2. We have heard Senior Advocate P.J. Pardiwalla with Advocate S.G. Bhobe for the appellant and Advocate S. R. Rivonkar for the respondent/Department.3. The appellant Company came to be incorporated on 7.6.1989 with its registered office in New Delhi. It acquired metal anodes division by name M/s. Western India Match Company Ltd. (WIMCO) by agreement dated 30.11.1989. On 29.11.1996, in the return filed with the Assessing Officer at New Delhi it claimed depreciation under Section 32 of the Income Tax A...
Tag this Judgment!A.S. Vasan and Sons (Bombay) a Partnership Firm Through Its Partner Mr ...
Court: Mumbai
Decided on: Apr-29-2009
Reported in: 2009(111)BomLR2237; 2009(166)LC9(Bombay)
1. Rule. By consent heard forthwith.2. Petitioner was Licensed Customs House Agent (CHA). The CHA Licence No. 11/483 issued to the petitioner expired on 31.12.2007. Petitioner applied for renewal of the said licence within the time prescribed. As the application for renewal was not being decided, the petitioner filed Writ Petition No. 310 of 2008 which came to be disposed off by order dated January 25, 2008 pursuant to statement made on behalf of the respondents that the petitioner's renewal application would be decided within two weeks.3. Petitioner earlier had made representations, which were received in the office of the respondents on 31.12.2007. In the representation dated 28.12.2007 after setting out various contentions, petitioner had set out as under; 'In case any further clarification is essential, we may please be heard'. Subsequent to the order passed by this Court in writ petition, the respondent No. 3 passed an order that the licence is not to be renewed beyond 31.12.2007 ...
Tag this Judgment!Patel Engineering Company Ltd. Vs. Konkan Railway Corporation Ltd.
Court: Mumbai
Decided on: Apr-29-2009
Reported in: 2009(5)BomCR256
D.K. Deshmukh, J.1. The Appeal and the cross-objection take exception to the order dated 19th August, 2004 passed by the learned single Judge of this Court in Arbitration Petition No. 493 of 2003. That petition was filed by the Respondent in the Appeal i.e. Konkan Railway Corporation Ltd. under Section 34 of the Arbitration & Conciliation Act, 1996 (herein after referred to as the 'Arbitration Act') to set aside the award dated 19th May, 2003 passed by the arbitral tribunal in respect of disputes and differences between the parties. The award held that the Appellant-Patel Engineering Co. Ltd. is entitled to recover a sum of Rs. 3,04,71,013.06 with interest thereon at the rate of 18% p.a.2. In this judgment, Patel Engineering Company Ltd. shall be referred to as the Appellant and Konkan Railway Corporation Ltd. shall be referred to as the Respondent.3. Brief facts giving rise to the disputes between the parties are, the Respondent invited bids for the construction of a tunnel in connect...
Tag this Judgment!Ramji Dhondji Dhumal and ors. Vs. Mahadu Jalbaji Dhumal and ors.
Court: Mumbai
Decided on: Apr-29-2009
Reported in: 2009(4)BomCR678; 2009(6)MhLj461
Borkar P.R., J.1. This writ petition challenges the judgment and order passed by the Maharashtra Revenue Tribunal at Aurangabad in Case No. 56/B/88-Nanded dated 29th November, 1989, whereby the defendants/respondents are declared as tenants of the suit property.2. The facts which are admitted at this stage are stated as below:Present petitioners filed Special Civil Suit No. 31 of 1979 for recovery of possession of Survey No. 34 admeasuring 17 Acres 25 gunthas land situated at village Sayal, Tq. 8s Dist. Nanded. The petitioners have stated that they have purchased the disputed land by sale deed dated 29th April, 1966 from one Mugappa Bapurao Wani, the owner of the land and they are entitled to get possession. The defendants appeared and stated that they are tenants of the land and as such entitled to retain their possession. The issue of tenancy was raised and refereed to the Tenancy Authority under the provisions of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short 'H.T...
Tag this Judgment!Jagdamba Sahakari Sakhar Karkhana Ltd. Vs. Tahsildar and anr.
Court: Mumbai
Decided on: Apr-29-2009
Reported in: (2010)ILLJ114Bom
V.R. Kingaonkar, J.1. By this petition, the petitioner seeks quashing of order issued by the respondent No. 1 - Tahsildar, dated March 4, 2008, whereby attachment of immovable properties of the petitioner is directed in order to recover dues of gratuity amount payable to ex-worker of the petitioner.2. The petitioner is a sugar factory of which the respondent No. 2 was a worker. The respondent No. 2 sought recovery of gratuity amount by filing an application (PGA) No. 49/2004. The learned Assistant Commissioner of Labour, Ahmednagar heard the parties and issued recovery certificate in favour of the respondent No. 2. The petitioner factory was under liquidation. The winding up process started in the midst of the proceedings of the recovery certificate. Ultimately, a liquidator has been appointed and is in-charge of the petitioner.3. The challenge to recovery proceedings is on the ground that without leave of the Registrar, no such proceedings can be taken up in view of Section 107 of the...
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