Mumbai Court May 2009 Judgments

Shri Sambhaji Prabhakar Tekwade, Bhoiwada, Mumbai Vs. the New India As ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order: Per Shri S.R. Khanzode, Honble Presiding Judicial Member This appeal is filed against the order dated 14/11/2008 passed by District Consumer Forum Thane in Execution Application No.140/2007 Shri Sambhaji Prabhakar Tekwade V/s. The New India Assurance Co. Ltd. Execution Application stood dismissed obviously pointing out to the fact that awarded amount was already received by the decree holder. We heard appellant Shri S.P. Tekwade in person. Appellant tried to submit orally that a cheque of Rs.1,52,000/- dated 26/06/2007 received by him does not satisfy the entire award. However, he failed to satisfy to us that same is the correct statement. He has mentioned in Para 7 of the application his calculations which is per se wrong since it even includes expenses of Execution Application which were in fact not awarded to him while disposing of the Execution Application by the Forum below. If he has any doubt, he can always file a fresh execution application before the Forum below sa...

Fatima W/O Kasam Saheb Bagwan Since Deceased (Through L.Rs. Abdul Kasa ...

Court: Mumbai

Reported in: 2009(3)BomCR532; 2009(111)BomLR2022; 2010(1)MhLj142

P.R. Borkar, J.1. These two Writ Petitions raise basic question whether Fatima Kasam Bagwan who died pending these petitions and her son Abdul Aziz were holding surplus land within the meaning of provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Both these Writ Petitions can be advantageously disposed of by a common judgment.2. Kasam Bagwan who was husband of the original petitioner in Writ Petition No. 760 of 1990 was resident of village Massa-Khandeshwari, Taluka Kallam, District Osmanabad. The Surplus Land Determination Tribunal, Kallam (hereinafter referred to as, 'the S.L.D.T., Kallam') held inquiry. By decision dated 13.4.1976 the S.L.D.T., Kallam declared that the holding of the petitioner's husband Kasam as 'non-surplus'. The husband of petitioner Fatima had expired three years before filing Writ Petition No. 760 of 1990. The Additional Commissioner, Aurangabad Division, Aurangabad somewhere in the year 1989 initiated proceedings under Section 45...

Mohd. Abdul Rasheed S/O Mohd. Abdul Razzak and Mohd. Osman S/O Mohd. H ...

Court: Mumbai

Reported in: 2009(6)MhLj545

1. The learned Single Judge (Coram : V.R. Kingaonkar, J.) by his order dated 24.4.2007 has made Reference to Larger Bench and accordingly by orders of Honourable the Chief Justice this Special Bench is constituted. The point of Reference can be summed up as follows:Whether as against interim order of suspension passed under Section 41D(3) of the Bombay Public Trusts Act, 1950, an application to District Court and against order of District Court in such application, an appeal to High Court are tenable2. In Second Appeal No. 824 of 2006 the learned Judge has expressed view that application to District Court or an Appeal to this Court are not tenable against interim order passed under Section 41D(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to, 'the Act of 1950'); whereas in Writ Petition No. 656 of 1999 view is expressed by the learned Judge (Coram : B.H. Marlapalle, J.) that such application to District Court and an appeal to High Court are tenable.3. Before we proceed...

Gangadhar Mohan Lamkane Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2009(3)BomCR548

Potdar A.V., J.1. Rule. Rule made returnable forthwith and with the consent of the parties, heard finally at the stage of the admission.2. At the time of hearing of the writ petition, learned Advocate Mr. R.J. Nirmal, who has appeared on behalf of the interveners, was allowed to address the Court, and as such the intervenors are allowed to address the Court, no separate order is passed in civil application and thus the civil application No. 4680/2009 stands disposed of.3. By present writ petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the orders dated 30.3.2009 and 31.3.2009 passed by the respondents. The petitioner has also prayed for directions to extend the period for excavation from 7.3.2009 to 31.7.2009 in respect the sand spot at Indalgaon, by equal number of days of stoppage of business by the respondents.4. The facts, which gave rise to file the present writ petition, can be summarised as follows:a) Respondent N...

Cfl Capital Financial Services Ltd. Vs. Appellate Tribunal for Foreign ...

Court: Mumbai

Reported in: [2009]93SCL201(Bom)

J.H. Bhatia, J.1. The appellant in this Appeal has challenged the order passed by the Appellate Tribunal, Foreign Exchange, dismissing Appeal No. 1206/2004 challenging the order passed by the Deputy Director, Enforcement Directorate, on 26-10-2004 imposing penalty of Rs. 7 lakhs on the appellant company for failure to furnish evidentiary proof of utilisation of foreign exchange remitted and for contravention of Section 8(3) and 8(4) of Foreign Exchange Regulation Act, 1973 (FERA).2. According to the appellant, it is a public limited company registered under the Companies Act. Previously it was incorporated as Ceat Financial Services Ltd. with its Corporate Office situated at Nariman Point. One Elbee Services Limited ('Elbee' for brief) requested the appellant to provide hire-purchase finance for importing spare parts required by its subsidiary Elbee Airlines from Hunting Aviation Limited situated in United Kingdom. To facilitate the same, the appellant provided for payment in foreign e...

PravIn Kumar, Lastly Working as Sub Inspector (Executive), Central Ind ...

Court: Mumbai

Reported in: 2009(4)MhLj812

P.B. Majmudar, J.1. By this petition, the petitioner has challenged the order passed by the Disciplinary Authority dated 20th November, 1999 as well as the order passed by the Appellate Authority dated 12th July, 2000.2. The petitioner was recruited as a Sub-Inspector in the Central Industrial Security Force (CISF) in the year 1995 and was subsequently posted at the Western Zone, Mumbai Office. At the relevant time, the petitioner was discharging his duties at the BPCL unit. On 28th February, 1999, one R.A. Sharma who was discharging his services as a Constable in CSIF was apprehended by Inspector H.L. Chaudhary outside the north gate of BPCL. The said Sharma was found to be in possession of Rs. 10,780/and he could not indicate the source of the said money. Since the amount had taken from the Contractor of the Company at the instance of the present petitioner, the petitioner was placed under suspension on 31st May, 1999. The petitioner was subsequently subjected to chargesheet. The mem...

Madhao S/O Atulchandra Bapat Vs. the State of Maharashtra Through Its ...

Court: Mumbai

Reported in: 2009(4)BomCR32

D.D. Sinha, J.1. Heard Shri Manohar, learned Counsel for the petitioner, Mrs. Dangre, learned Additional Government Pleader for the respondent Nos. 1 to 3, and Shri Bhangde, learned Senior Counsel for the respondent No. 4. Civil Application No. 345/2009 filed by the respondent No. 4 is also heard finally.2. Shri Manohar, learned Counsel for the petitioner, submitted that Section 11A of the Land Acquisition Act, 1894 provides for time limit of two years for passing award from the date of publication of notification under Section 6 of the Land Acquisition Act. It was contended that provisions of Section 11A of the Land Acquisition Act are applicable to the acquisition proceedings initiated under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 'the MRTP Act' for brevity) for MIHAN project. It was submitted that notification under Section 126 of the MRTP Act, which is equivalent to declaration under Section 6 of the Land Acquisition Act wa...

Mahalsa Saunsthan Vs. Ajay G. Poi Raiturcar and ors.

Court: Mumbai

Reported in: 2009(4)BomCR145

Dalvi R.S., J.1. The writ petition has challenged the judgment of the Administrative Tribunal, Goa dated 13.2.2001 upon the appeal filed under Article 71 of the Regulation Governing Hindu Temple (Devasthans) of Goa, Daman and Diu (the Act, 1933).2. The devotees of the suit temple desired to put up a gold Kalash on the temple. Several meetings were held for that purpose. The respondents have attended and resolved to pass certain resolutions at various such meetings. One such meeting was held on 2.1.2001 as an extra-ordinary meeting convened by notification published in the Official Gazette No. 38 dated 16.12.1999. Several respondents were present. The respondent No. 4 presided over the meeting. A metallurgist G.R. Kamat gave an opinion about the Shikhar Kalash to be put. In his opinion, the Kalash entirely made of gold cannot withstand the foray of nature. The meeting records his opinion as also the technology of metallurgy in Japan and the opinion about the method of amalgamation of go...

Sanjay Jaganath Surve and ors. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2009(4)BomCR665

1. Heard the learned. Counsel for the parties.2. The petitioner has approached this Court with the grievance that the respondents have been permitted the erection of shed/structures made put of bamboos, tinsheets and other inflamable materials during Ganapati and Durga festivals to enable the stall owners to sell idols and other ancillary material required for religious purpose during these festivals which exposes the members of the society to all sorts of inconveniences as spelt put in the petition including obstruction to flow of traffic going through and from the said road to Chinchpokali Fly Over. The matter has been litigated at all the levels. It is the stand of respondent Nos. 2 and 3 that such allotment of stalls are permitted as per the policy of the Municipal Corporation considering the exigencies and that due to various orders passed by the Civil Court as well as this Court necessary precautions have been taken and guidelines have been framed to minimise the inconvenience to...

Mrs. Virangna Bhardwaj and Another Vs. United India Insurance Company ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Mr. P.N. Kashalkar,Honble Presiding Judicial Member 1) Being aggrieved by the judgment of dismissal passed by two members of the South Mumbai District Consumer Forum, in Consumer Complaint No.211/2005 dated 13/4/2007 whereby the learned members of the Forum below was pleased to dismiss the complaint but by dissenting order dated 7/6/2007, the learned President of the District Forum allowed the complaint and directed O.P./Insurance company to pay Rs.1,538/- with interest at the rate of 18% per annum to the complainant and also directed to pay Rs.2,000/- as compensation, the original complainants have filed this appeal challenging the dismissal of the complaint by the learned two Members of the Forum below. 2) Facts to the extent material may be stated as under 3) The complainants had taken Overseas Mediclaim Insurance Policy for the assured sum of US $5,00,000/- for the period 10/10/2003 to 8/12/2003. The total premium paid was Rs.5,497/-. The complainants further extended the poli...