Mumbai Court July 2009 Judgments

Govind Goverdhandas Daga and Mohan Brindavan Agrawal Vs. Field Mining ...

Court: Mumbai

Reported in: 2009(111)BomLR3524; 2009(6)MhLj398

C.L. Pangarkar, J.1. Rule. Returnable forthwith.2. Heard finally with consent of parties.3. This is an appeal against the order passed by the Civil Judge Senior Division whereby he allowed an application under Order 7 Rule 11 Civil Procedure Code and rejected the plaint. The appellantsplaintiffs instituted a suit for specific performance of contract and permanent injunction. Plaintiff No. 1 is the businessman of Nagpur and mainly deals in coal mining. He has therefore an experience in the field of mining while plaintiff No. 2 is also a successful businessman and has an experience in the field of sponge iron and steel. Defendant No. 1 is a public limited company and No. 2 is its director. The said Company was incorporated in the year 2001. When the company was incorporated authorised capital of the said company was Rs. 10 lac while the paid up capital was Rs. 5 lac. It is a public limited company. It is alleged that since inception the said company was being only managed by defendant No...

Talat Shikshan Mandal, Through Its President and Talat High School, Th ...

Court: Mumbai

Reported in: 2009(111)BomLR3557

1. The petitioners impugn judgement and order rendered by learned Presiding Officer, School Tribunal, Aurangabad, in appeal No. 10/2008 whereby the respondent No. 1 was directed to be reinstated in service as Assistant Teacher with back wages and other consequential benefits w.e.f. date of her termination.2. The petitioners are minority educational institution and its High School. The school is being run on Government aid basis. There are primary and secondary sections in the school. The primary section comprises of 5th to 7th standards whereas the secondary school section comprises of classes of 8th to 10th standards.3. Indisputably, the respondent No. 3 - Arshiya Naaz was employed as Assistant Teacher in the primary section of the said school on substantive post. She was suspended from service w.e.f. 3rd April, 1999 owing to charges of certain misconduct committed by her. The substantive post became vacant due to her suspension. The respondent No. 1 - Aqueela Bano was temporarily app...

Technova Imaging Systems Ltd. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: (2009)25VST277(Bom)

D.G. Karnik, J.1. By this petition, the petitioner prays that the amendment to the definition of 'manufacture' in Section 2(17) of the Bombay Sales Tax Act, 1959 (for short 'the Sales Tax Act') made by the Maharashtra Act No. IX of 1996, be struck down to the extent of its retrospectivity with effect from 1st July 1981.2. The challenge to the amendment arises under the following circumstances.3. The 1st petitioner (hereinafter referred to as 'the petitioner') is engaged in the business of buying polyester films and selling it after subjecting it to a process of 'lacquering'. In a proceeding under Section 52 of the Sales Tax Act, the Deputy Commissioner of Sales Tax held that the chemical process of lacquering of the polyester film done by the petitioner amounted to a manufacture as defined under Section 2(17) of the Sales Tax Act and therefore attracts sales tax. An appeal filed against the said order was dismissed. However, on a reference to this Court, by an order dated 2nd February ...

The National Insurance Co. Ltd. Vs. Smt. Manisha Chagan Karande and or ...

Court: Mumbai

Reported in: 2009(6)MhLj88

Nishita Mhatre, J.1. This first appeal has been filed against the order of the Commissioner for Workmen's Compensation under which the claimants i.e. respondent Nos. 1 to 5 have been awarded compensation of Rs. 2,11,790/-along with the simple interest at the rate of 9% per annum from 16.5.2001 till actual payment. A penalty of Rs. 25,000/- and costs of Rs. 1000/- have also been awarded.2. The deceased was the husband of the 1st respondent, the father of respondent Nos. 2 and 3 and the son of the 4th and 5th respondent. He was driving a jeep on 15.5.2001 when he met with an accident. As a result of this accident and the injuries sustained by him, the deceased expired. His relatives i.e. respondent Nos. 1 to 5 filed an application under the Workmen's Compensation Act claiming compensation from both the appellant as well as the respondent No. 6, his employer.3. It was the contention of the claimant that the deceased was an employee of the respondent No. 6 and he was driving employer's veh...

Vishwanath Balkrishna Pujari Vs. Asst. Commissioner Provident Fund, Na ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Mr.S.R.Khanzode, Honble Presiding Judicial Member: This appeal is preferred against the order dated 14/05/2009, whereby the consumer complaint was not entertained as barred by limitation. Feeling aggrieved thereby, this appeal is preferred by the original complainant. Appellant and his Counsel are absent. Perused the record. In the instant case, the appellant was retired on 31/12/2004. He entered into correspondence disputing the calculation of his pension after sleeping over for more than two years. The consumer complaint was filed on 28/04/2009 i.e. almost 4 years after the retirement. There is no application made on behalf of the complainant to condone the delay. Taking into consideration all these aspects, Forum below rightly held accordingly that being barred by limitation, consumer complaint cannot be entertained. We find no reason to take a different view than the one view taken by the Forum below. Hence, we pass the following order:- Order: 1. Appeal stands d...

Shri Sanjay Swarupchand Sawla Vs. Mahindra Holidays and Resorts Ltd., ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Mr. S.R. Khanzode, Honble Presiding Judicial Member: This appeal arises out of order/award dated 01/01/2009 passed in consumer complaint no.183/2003, Mr.Sanjay Swarupchand Sawla v/s Mahindra Holidays and Resorts Ltd. by District Forum, Pune (Forum below in short). The appellant/complainant entered into an agreement accepting the membership of respondent/opposite party. Subsequently, thereafter complainant had grievance that the promised holidays were not available by the respondent. Consequently, on 04/12/2002 he had informed the respondent/opposite party for cancellation of his membership and for refund of money deposited by cheque and also refund of encashed post dated cheques. The request was repudiated by the respondent and feeling aggrieved thereby, consumer complaint filed inter-alia claiming reliefs as under: 1. declare that the opposite party is found deficient in rendering the services assured for consideration. 2. direct the opposite party to pay to the com...

Ntpc Limited (Formerly National thermal Power Corporation Limited a Co ...

Court: Mumbai

Reported in: 2009(111)BomLR3077

Swatanter Kumar, C.J.1. The National Thermal Power Corporation Limited (for short 'NTPC') claims that it is the largest thermal electricity generating company of India and it intends to enhance the capacity of its existing combined cycle power stations in the State of Gujarat. Thus it invited International competitive bids for supplying natural gas to its Power Plants. As per the terms inviting the tender, the NTPC issued RFP documents to the qualifying bidders and after financial evolution of techno-commercially acceptable bids, the NTPC was to issue Letter of Intent (for short 'LOI') to the preferred bidder. Reliance Industries Limited (for short 'RIL') was also one of the bidders. The terms were amended vide letter dated 15th March 2004. According to the NTPC, RIL confirmed unconditional acceptance of all provisions of RFP documents read together with amendments. As the Letter of Intent was issued and as required RIL vide its letter dated 17th June 2004 acknowledged receipt of the L...

Shri M.B. Motwani Vs. Uco Bank, Formerly Known as United Commercial Ba ...

Court: Mumbai

Reported in: 2009(111)BomLR3003; 2009(6)MhLj660

Swatanter Kumar, C.J.1. The Petitioner was appointed as a Apprentice Officer in United Commercial Bank, (hereinafter referred to as the 'Bank') in the year 1952. In the year 1974, he was posted as Branch Manager at Moradabad Branch, U.P., where after he was transferred to Calcutta Main Branch as an Assistant Manager. During this period, the Petitioner claims to have served in different places including Mumbai and other important places. In the year 1976, the Petitioner was posted back to Mumbai and was promoted as Senior Management Scale No. IV Officer and was posted as Inspector of Branches with Headquarters at Mumbai. During 1988 to 1990, the Petitioner served as Assistant General Manager at Bombay Main Branch, D.N. Road, Mumbai. On 2nd July, 1991, the Petitioner attained the age of superannuation of 60 years and was due to retire on 1st August, 1991. He was served with an intimation notice for retirement on 7th May, 1991, which is annexed at ExhibitA to the Writ Petition. The same r...

Gyanodaya Shikshan Pracharak Samiti's, Gyanodaya B.Ed. College through ...

Court: Mumbai

Reported in: 2009(6)MhLj177

R.M. Savant, J.1. Rule. Rule with the consent of the parties made returnable forthwith. Heard the learned Counsel for the parties.2. The above Petitions have been filed against the 1st Respondent seeking a direction to forthwith grant necessary permission and affiliation to the Petitioners to start B.Ed. Colleges for conducting the B.Ed. Course to the Petitioners, who are having Recognition Certificates from the NCTE. Since the above Petitions involve common question, they are heard and decided together. For the sake of convenience the facts in Writ Petition No. 5886 of 2009 would be referred to.3. The Petitioner No. 1 in the said Writ Petition No. 5886 of 2009 is a society registered under the Societies Registration Act, 1860 and also a trust registered under the Bombay Public Trust Act, 1950. The Petitioner No. 1 claims to run several schools, high schools, arts, sicence, commerce college, including professional colleges such as BAMS, B.SC. I.T. The Petitioner No. 1 claims to be a mi...

Solapur Municipal Corporation and the Director of Insurance, Governmen ...

Court: Mumbai

Reported in: 2009(6)MhLj327

Nishita Mhatre, J.1. The First Appeal has been filed against the Award in Motor Accident Claim Petition No. 58 of 1987 decided on 13th September, 1991. The Tribunal has awarded an amount of Rs. 1,85,000/-to the applicants i.e. the respondent Nos. 1 to 4 herein. The amount which has already been paid towards the no fault liability was directed to be deducted from the aforesaid sum.2. The accident occurred on 25th December, 1986 at about 7 a.m. at Solapur. The deceased Abhimanyu was riding his motor cycle when a bus owned by the appellant No. 1-Municipal Corporation dashed into him. The deceased suffered severe injuries and died within a few hours of being admitted to the Civil Hospital, Solapur. The bus was insured with appellant No. 2.3. The respondent Nos. 1 to 4 filed an application under the Motor Vehicles Act for compensation. It was their contention that the driver of the bus, i.e. respondent No. 5 herein, was driving the vehicle in a rash and negligent manner on account of which ...