Mumbai Court October 2010 Judgments
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Reliance Infrastructure Limited, and ors. Vs. Maharashtra State Road D ...
Court: Mumbai
Decided on: Oct-28-2010
1. The Maharashtra State Road Development Corporation (MSRDC) has been engaged in the implementation of a project involving the construction of fifty five flyovers in Mumbai. In order to recover the cost of construction, MSRDC has been given a right to collect a toll at five entry points to the city. MSRDC proposed to award a contract under which it would take an upfront payment for the repayment of a project loan, against the securitization of collection at the five entry points into Mumbai, and for other related work. In addition to the payment of upfront money to MSRDC, the proposal required (i) Operation and maintenance of flyovers and allied structures; and (ii) Collection of tolls at five entry points into Mumbai. In order to implement the project, MSRDC floated a tender inviting bids for the appointment of a contractor. The tender notice invited bids from Companies or Consortia of not more than three members. An upfront payment of Rs.2,100/ crores was stipulated and there was a ...
Yakub Ibrahim Yusuf Vs. Commissioner of Customs, Mumbai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-28-2010
Per : S.K.Gaule Heard both sides. This appeal is being taken up pursuant to Hon ble Mumbai High Court’s Order dated 27.01.10 in Writ Petition No.1443 of 2002 and Writ Petition No.1802 of 2002. 2. This case has a chequered history. Shri Yakub Ibrahim Yusuf (Yusuf) the appellant was intercepted at N.I.P.T. , Module-II, Mumbai on his arrival from London to Mumbai by AI-132 while he was carrying 25 kgs of gold . The 25 kgs. of gold was found in two black colours boxes in the brief case alongwith foreign currency of market value of Indian Rs. 6,54,830/- The appellant stated before the DRI officers that the gold carried by him belongs to one Shri Illiyas Patel, Smt.Memuda I.Patel, Smt.Munira M. Laly and her two minor sons, Master Shohil M. Laly and Master Faiyaz M. Laly (hereinafter referred to as five persons). In their statements recorded on 19.10.92, Shri Illiyas Patel, Smt.Mamuda Illiyas Patel and Smt.Munira M. Laly stated that the gold carried by Shri Yakub was not belonging to th...
Vision Inc Arun Kumar Gupta Vs. Commissioner of Customs (Export), Mumb ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-28-2010
Per: P.G. Chacko 1. These are applications filed by the appellants seeking waiver of pre-deposit and stay of recovery in respect of amounts of duty and penalty. In the case of M/s Vision Inc (Vision for short) and M/s R.A. Overseas (RAO for short), the learned Commissioner of Customs has fixed ‘joint and several liability’ of paying back certain amount of drawback disbursed earlier to them and a few other exporters viz Shri Ganesh Overseas International, M/s C.A International, M/s Bhavna Textile Impex. Penalties have also been imposed on Vision as well as on RAO under Section 114 of the Customs Act. Separate penalties under the same provision of law have been imposed on Mr Manoj Gupta (partner of Vision) and Mr Arun Kumar Gupta (proprietor of RAO). The demand of duty, which is sought to be enforced jointly and severally against Vision, RAO, Shri Ganesh Overseas International, M/s C.A International and M/s Bhavna Textile Impex is based mainly on two findings viz. (a) some of...
Choudhari Mohd.Abdul Kadar, S/O.Mohd.Yusuf, Age55 Years, Vs. the Chief ...
Court: Mumbai Aurangabad
Decided on: Oct-27-2010
1. By the present writ petition, under Article 226 of The Constitution of India, the petitioner has approached this Court for the reliefs in terms of prayer clause (B) to (E) which read as follows : B. To quash and set aside the resolution no.29 dtd. 29/07/2004 and notice of compulsory retirement of petitioner issued by the respondent no.1 MCU/Est.2/420/04, dtd. 31/07/2004 issued by the respondent no.1.C. To direct the respondent no.1 and 2 to award promotion to the post of Senior Clerk to the petitioner w.e.f. 21/03/1985 and subsequent promotions and service benefit as per law and in view of the seniority and reservation against the handicapped and OBC and other consequential service benefits.D. To direct the respondent no.1 to grant two days leave of dated 20/01/2004 and 21/01/2004 which has been refused and treated as absent from duties.E. The respondent no.5 may kindly be directed to hold inquiry against the respondent no.1 and 2 regarding their mis management, irregularities, corr...
Anil Shashikant Alve, Age 29 Years, Vs. the State of Maharashtra ..
Court: Mumbai
Decided on: Oct-27-2010
1. This Appeal is directed against the Judgment and order dated 17/12/2004 passed in the Sessions Case No.285 of 2002 by the learned Additional Sessions Judge, at Court of Sessions, Mumbai, whereby the Appellant Anil Shashikant Alve was found guilty of the offence punishable under Section 302 read with section 34 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs. 20,000/-, in default to undergo rigorous imprisonment for four months. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant.2. Brief facts which led to the prosecution of the Appellant are: Complaint (Exh.10) was lodged by Shri Chandrashekhar (PW1) in respect of the incident which occurred on 09/12/2001 at about 10:15 p.m. at the Chatrapati Shiwaji road opposite, Nityanand Hindu Hotel, Vakola bridge Santacruz (East) Mumbai. After the first informant had attended hotel and was sitting at the counter and while watching traffi...
Kailash Bholanath Dhengle, Vs. the Education Officer (Sec.), and ors.
Court: Mumbai Nagpur
Decided on: Oct-26-2010
1. Rule, returnable forthwith. Heard by consent of the parties.2. The petitioner has challenged the order dated 16/9/2010 issued by the Headmaster thereby placing the petitioner under suspension.3. Shri Shende, learned counsel for petitioner, has submitted that the Headmaster had no authority to suspend the petitioner because such power is vested with the management under sub-rule 1 of Rule 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 which runs as follows "35. Conditions of suspension.(1) In cases where the Management desires to suspend an employee, he shall be suspended only with the prior approval of the appropriate authority mentioned in rule 33."4. Subrule 1 of Rule 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 contemplates that an employee can be suspended with the prior approval of the appropriate authority "where the Management desires to suspend an employee". This shows that the real authority t...
Balu Jangalu Madane, Age 40 Years, Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Oct-26-2010
1. This Appeal is directed against the Judgment and order dated 31/12/2003 passed in the Sessions Case No. 60 of 2003 by the learned Additional Sessions Judge, Satara, whereby the Appellant was found guilty of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.3000/, in default to undergo rigorous imprisonment of three years. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant through jail.2. Brief facts which led to the prosecution of the Appellant are:The complaint was lodged by Bhagwan Jagu Kokare (PW4) informing Phaltan Police Station about the incident of murder of Dnyandev Jagu Kokare, resident of village Wadani, Taluka Phaltan, District Satara. According to the first informant, the appellant Balu Madne had entertained grudge against Dnyandeo on account of the fact that about ten years prior to the incident, the appellant had tried to snatch ...
Tanaji Madhukar Barbade. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-26-2010
1. Two questions which have been referred to us for decisions are, (i) Whether the Government Resolution dated 15th April, 1991 is valid in view of the provisions in the MEPS Act and Rules framed thereunder? & (ii) Whether Schedule `F' to the Rules issued under the Act provides for promotion or it provides merely a preference to be given in appointment?2. These questions arise in following factual background, The Respondent No.4-Shri Shivaji Shikshan Prasarak Mandal has established a junior college at Barshi. It is an admitted position before us that the said junior college is a private school within the meaning of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "Act"). The Petitioner was appointed as a peon in the Respondent No.5-Junior College with effect from 29th April, 1994. The post of Junior clerk in the said college became vacant in August, 2003. By order dated 31st March, 2008 the Respondent No.4 promote...
The State of Maharashtra, and ors. Vs. Yuvraj S/O Dashrath Patil, Age ...
Court: Mumbai Aurangabad
Decided on: Oct-26-2010
01. By the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed that the impugned judgment and order dated 11.4.2001 delivered by the learned Vice Chairman, Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad ("MAT" for short), in Original Application No.776 of 2000, be quashed and set aside.02. The factual matrix of the present case is that the respondent herein-original applicant joined S.R.P.F. Group-8, as Constable, on 24.11.1971. Initially, he was promoted to the post of driver in the year 1982, and he was further promoted to the post of Driver-Mechanic in 1984 which, according to the respondent, is equivalent to the post of Head Constable. It is also contended by the Respondent that he was rewarded with 15 to 20 rewards out of which, 6 rewards were granted during the year 1995-96 and accordingly, respondent claims that his performance was good during his service career. He also faced 2 departmental enquiries, but...
The Maharashtra Small Scale Industries Development Corporation Limited ...
Court: Mumbai
Decided on: Oct-22-2010
1. This is the respondent's Chamber Summons for a dismissal of the above petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act").2. The petition is to set aside an award dated 30.6.2003. The above petition was filed on 29.9.2003. It was dismissed on 23.8.2005 on the ground that the petitioner had failed to comply with the provisions of section 7 of The Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to as the "1993 Act"). The petitioner's appeal being Appeal No.855 of 2005 against the order and judgment dated 23.8.2005 was disposed of by an order of the Division Bench dated 17.11.2005. The Division Bench set aside the order and judgment dated 23.8.2005 and restored the arbitration petition to file for fresh consideration by the learned single Judge. The learned Judge by an order dated 25.1.2006, dismissed the petition again on the ground that section 7 of 1993 A...
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