Mumbai Court December 2010 Judgments
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Siemens Ltd. and anr. Vs. Mumbai Railway Vikas Corporation Ltd. and an ...
Court: Mumbai
Decided on: Dec-07-2010
(Per Dr. D. Y. Chandrachud, J.):1.Leave to amend in terms of the draft amendment tendered is granted. Amendment be carried out during the course of the day.2 MUTPII is a project aided by the World Bank and is being implemented by the First Respondent. The First Respondent floated a tender for the supply of 72 trains, each of 12 coaches. The bids are to be opened this morning. The First Petitioner has not been permitted to bid in view of a settlement that was entered into by the First Petitioner with the World Bank under which the First Petitioner agreed to voluntarily desist from bidding for any World Bank aided project, across the world, for a period of two years and to make a financial commitment of US Dollars 100 million over fifteen years to support anticorruption work. This followed, what the World Bank described as the Petitioner's, "acknowledged past misconduct in its global business and a World Bank investigation into corruption in a project in Russia involving a Siemens subsi...
Reliance Energy Ltd., Mumbai Vs. Yadayya Giri and ors.
Court: Mumbai
Decided on: Dec-06-2010
:1. These Writ Petitions are being heard together as they challenge a common order passed in Complaint (ULP) No.1230 of 2000 and Complaint (ULP) No.749 of 2001 passed by the Industrial Court, Mumbai on 29th April, 2006. The Writ Petition No.4554 of 2006 has been filed against 15 employees. Respondent No.2 has expired and respondent No.11 has resigned. Therefore this Petition is confined against the other respondents. Writ Petition No.4694 of 2006 is filed against five workmen.2. The petitioner is a Public Limited Company generating, supplying and distributing electricity in the Suburbs and surrounding areas of Mumbai and Thane District. It has a Contract Division for securing annual maintenance contracts of sub-stations which are used for the supply of captive electric power by various parties including Private Companies, Government and Semi Government Agencies. According to the petitioner, the workmen were engaged in the maintenance work undertaken by the Contract Division. The petit...
Shivaji Sakharam Bhumre and ors. Vs. the State of Maharashtra and ors.
Court: Mumbai Aurangabad
Decided on: Dec-06-2010
:1. The appellants, who are convicted for the offence punishable u/s 148 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for one year, further convicted for an offence punishable u/s 324 r/w 149 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for one year and also convicted for an offence punishable u/s 302 r/w 149 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs.1000/ each, in default to suffer further RI for four months, and are ordered to undergo all the substantive sentences concurrently, in Sessions Case No.20/2006, vide judgment and order dated 24.08.2008, by the Additional Sessions Judge, Basmathnagar, have questioned the correctness and legality of the said judgment and order. All these appeals arise out of the common judgment and order passed in Session Case No.20/2006 and hence they are being disposed of by this common judgment.2. Such of the facts, as are necessary for the decision of al...
* FakhruddIn S/O. Hyderali Vs. Abbas S/O Abdul HusaIn and ors.
Court: Mumbai Aurangabad
Decided on: Dec-03-2010
:1) The petitioner claims to be owner of plot Survey No.5-5-38 (Old No.1919) bearing CTS No.144/53 at Kranti Chowk Aurangabad within the municipal limits of Aurangabad Municipal Corporation. The plot admeasures approximately 2108 square meters. The petitioner contends that a lease of land of the subject plot was executed by him in favour of "ESSO Standard Eastern Inc.", a Corporation, which was operating in India and was dealing in business of petroleum products. The lease was executed on 1-12-1962 between the parties on rent of Rs.250/- per month. The company was running a petrol pump either itself or through some dealer. The lease agreement was to be in operative at the first instance specifically for a period of ten years. Under clause (d) of the agreement it was stipulated that on the written request of the lessee, the lessor would extend the period of lease for a further period of ten years from the expiry of the said term on the same rent. The petitioner stated that on 11-8-1972 ...
M/S.Airwide Express Cargo. Vs. Union of India, Through General Manager
Court: Mumbai
Decided on: Dec-03-2010
The General Manager of the Western Railway invited tenders for leasing of parcel space in brake vans/parcel vans/Assistant Guard's Cabin of twenty five tonnes in the Firozpur Janata Express (Train No.9023/24) on a round trip basis between Mumbai Central and Firozpur. Bids were invited for all running days in a year on a long term basis. Tenders were opened 4 September 2006. A letter of acceptance was issued to the VBC 2 wpl2604.10-3.12 Petitioner on 20 November 2006. The rate offered by the Petitioner was Rs.1,01,000/ for each round trip. The contract was to be valid until 6 December 2009. The contention of the Petitioner is that his performance was satisfactory and both a certificate of satisfactory performance and a no dues certificate was issued by the Divisional Commercial Manager. Clause 20 of the agreement contains a provision for extension of the contract which was as follows:"20.0 Extension to lease contract:20.1 Extension of lease is permissible only in case of long term lease...
Mrs. Mayuri w/o Harshal Deshmukh Vs. Hon'ble High Court of Judicature ...
Court: Mumbai
Decided on: Dec-03-2010
:1. This petition filed under Article 226 of the Constitution questions the administrative decision of the High Court, rejecting the petitioner's application for the post of Judge Family Court, on the ground that she was less than 35 years of age as on 27/9/2009. By an interim order dated 23/4/2010 respondent nos.1 and 2 were directed to permit the petitioner to participate in the process of selection for the post of Judge Family Court scheduled to commence from 2/5/2010 and it was further directed that the result of selection process of the petitioner should not be declared without obtaining permission of the court. It was further clarified that the grant of permission to participate in the selection process was provisional and shall not create any equity in favour of the petitioner and shall be subject to the final result in the petition. However, it appears that the Selection Committee by its decision dated 30/4/2010 postponed the selection process. It appears, subsequently, this p...
The Commissioner of Customs (Appeals), Nhava Sheva Vs. Global Exim
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-03-2010
Per:Dr.Chittaranjan Satapathry, Member (T) 1. Heard both sides. 2. We find that the lower appellate authority has passed the impugned order following the decisions of the Tribunal in the following two cases:- i) Commissioner of Customs, Nhava Sheva Vs. M.B. Sales Corporation, 2007 (213) ELT 0050 Tri.Bom ii) La Opala Rg Ltd., Vs. Commissioner of Customs (Port) Kolkatta, 2009 (244) ELT 108 3. As such, we find no infirmity in the impugned order passed by the lower appellate authority. As there is no substance in the appeal filed by the department, we dismiss the appeal filed by the department. Miscellaneous application for early hearing bearing No.C/EH/1166/10 filed by the department and the miscellaneous application bearing No.C/1779/10 filed by the respondent for transfer of case from the Division Bench to Single Member Bench for shifting of the case also stand disposed of....
Shah Brothers Ispat Pvt Ltd. Vs. Commissioner of Customs (import), Mum ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-03-2010
Per: Dr. C. Satapathy 1. Heard both sides. 2. The learned counsel appearing for the appellants states that the impugned circular of the DGFT dated 29.04.2009 has been set aside by the Hon’ble Madras High Court in its order dated 1.10.2009. He also fairly states that this order of the Hon’ble High Court was not before the adjudicating Commissioner who has passed the impugned order on 24.8.2009. Considering the submissions made, we waive the requirement of the pre-deposit, set aside the impugned order and remand the matter to the original authority for fresh decision taking into consideration the cited decision of the Madras High Court. The appellants shall be given a reasonable opportunity of being heard in the matter. 3. The appeal is allowed by way of remand. 4. The stay application also stands disposed of....
National Aviation Company of India Ltd. Vs. the Commissioner of Custom ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-03-2010
Per:Dr.Chittaranjan Satapathry, Member (T) 1. Heard both sides. 2. This is an appeal relating to Foreign Travel Tax and arising from a denovo order pursuant to remand order passed by the Joint Secretary, Government of India. The appellants themselves had approached the Revisional Authority in the earlier round of litigation. This Tribunal clearly does not have jurisdiction to hear an appeal of this nature. Hence, the appeal along with stay application is dismissed with liberty to the appellant to approach any appropriate forum, if so advised, for redressal of grievances against the impugned order....
Ramkrishna Shridhar Choube and Others. Vs. the Court Receiver and ors.
Court: Mumbai
Decided on: Dec-02-2010
. :1. By this notice of motion, the applicants have sought following reliefs:i) By prayer clause (a) Order dated 12.5.2008 passed by this Court in this Suit, along with consent terms dated 12.5.2008 be set 2 nms2413-08.sxw aside and suit be restored to the file of the court. ii) By prayer clause (b) applicants want that the plaintiffs should bring applicants on record as party defendants.iii) Other prayers are in the nature of interim reliefs.2. The contesting parties before the court are plaintiffs as well as defendant nos.13 and 14. Defendant nos.13 and 14 have filed affidavit in reply opposing the notice of motion.3. In order to appreciate the point involved in this motion, it would be necessary to state relevant facts. Original Plaintiff No.1 and original defendant No.12 Premnath were brothers. This Premnath had instituted two suits in the court at Thane, being Suit No.446 of 1987 and Suit No.526 of 1987 against the original plaintiff No.1 and others. These two cases related to the...
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