Mumbai Court April 2010 Judgments

Prakash Bapurao Hote Vs. the State of Maharashtra,

Court: Mumbai

P.B. Majmudar, J.1. Rule. Learned Counsel appearing for the respondents in both these petitions waive service of Rule. With the consent of the learned Counsel appearing for the parties, both these petitions are taken up for hearing forthwith.2. Since the issue involved in both these petitions is common, these petitions are disposed of by this common judgment.3. The prayers in Writ Petition No. 1193 of 2010 may be noticed. The petitioner has challenged the action of the Maharashtra State Electricity Transmission Company (hereinafter referred to as 'respondent No. 2') by which respondent No. 2 has cancelled the selection process initiated by it for the purpose of appointment to the post of Chief Engineer (Transmission). It is the case of the petitioner that the order passed by Respondent No. 2 dated 2nd January, 2010 is published on the website by which information is given that the said selection process undertaken for the appointment to the post of Chief Engineer (Transmission) is canc...

Satish Ramchandra Bavbande Vs. the State of Maharashtra

Court: Mumbai

Reported in: 2010(112)BomLR1913

B.H. Marlapalle, J.1. This Criminal Appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence passed by the learned Additional Sessions Judge, Pune on 2nd April 2002 in Sessions Case No. 536 of 1999 and the accused has been convicted for the offence punishable under Section 302 of IPC and sentenced to suffer life imprisonment. He has been acquitted of the charges punishable under Sections 363 and 366 of IPC. He is presently undergoing the sentence.2. As per the prosecution case, briefly stated, the accused and deceased Neeta, daughter of PW 1 - Sham Murlidhar Hendre as well as PW 2 - Leena Gokhale and PW 26 - Ashish Patankar were the residents of Rakshalekha Society in Dattawadi area of Pune city and all of them were known to each other. The deceased Neeta was aged about 16 years and was a student of Garware College in 11th standard in the academic year 1999-2000. She had joined Dake Coaching Classes which she used to attend along with PW 2- Leena Gokha...

Shri Shivaji High School and Junior College and Shri Shivaji Shikshan ...

Court: Mumbai

F.M. Reis, J.1. Heard the learned Counsel for the appellants and the respondent No. 1.2. Admit.3. Heard finally with consent of the learned Counsel for the respective parties. The present Letters Patent Appeal has been preferred challenging the judgment dated 16th October, 2009 passed by the learned Single Judge in Writ Petition No. 1561 of 2009, whereby the Writ Petition preferred by the respondent No. 1 was allowed and the appeal preferred by the respondent No. 1 before the School Tribunal was partly allowed and the appellants/Management was directed to reinstate the respondent No. 1 in service within a period of four weeks from the said date, failing which it shall start paying him monthly salary and further benefits referred to in the impugned judgment.4. Brief facts of the case are as under:The respondent No. 1 was appointed as an Assistant Teacher on the post reserved for Scheduled Tribe on the basis that he belongs to caste 'Halba'. The Caste Scrutiny Committee by its order date...

Dinesh T. Tailor Vs. the Tax Recovery Officer, Range 3(3),

Court: Mumbai

D.Y. Chandrachud, J.1. Rule. With the consent of the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of the Revenue, the petition is taken up for hearing and final disposal. Counsel for the respondents waives service.2. The petitioner was appointed as an Additional director of a company by the name of Yazad Investment & Finance Private Limited on 2 January 1987. During the period when he was a director, the petitioner signed audited accounts of the company on 30 June 1987 and 30 June 1988. The petitioner resigned as a director of the company on 14 October 1989. Form 32 was filed with the Registrar of Companies notifying that the petitioner ceased to be a director.3. A demand was raised on the company for assessment year 1990-1991. An assessment order under Section 143(3) was made by the Assistant Commissioner of Income Tax, Central Circle - 30, Mumbai for the company. The Assessing Officer initiated proceedings under Section 179 of the ...

Chemoil Adani Pvt. Ltd. a Company Incorporated Under the Companies Act ...

Court: Mumbai

Reported in: 2010(112)BomLR2056

S.C. Dharmadhikari, J.1. Appeal admitted.2. The respondent Nos. 1 and 2 waive service. None appears for respondent No. 3 though served. In any event, the contesting respondents are respondent Nos. 1 and 2. By consent of parties, appeal is taken up for hearing forthwith.3. This appeal under Clause 15 of the Letters Patent is directed against an order of the learned Single Judge dated 17th March, 2010 in the above notice of motion.4. The appellant is the original-plaintiff whereas the respondents are original defendant Nos. 1,2 and 3 in the above suit. In this notice of motion which has been moved by the original defendant Nos. 1 and 2, the relief sought was for vacating the order of arrest dated 19th October, 2009 of the respondent No. 1 (original defendant No. 1) vessel. The other prayer in the motion is for an order and direction to the appellant-original plaintiff to furnish security in the sum of US $ 3,50,944.95 towards losses and damages suffered by the respondent No. 2 (original ...

Mckinsey and Company, Inc. Vs. Union of India (Uoi) Through the Secret ...

Court: Mumbai

D.Y. Chandrachud, J.1. Rule. With the consent of the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of the Revenue, the petition is taken up for hearing and final disposal. Counsel for the respondents waives service.2. The petitioner is a non-resident company incorporated under the laws of the United States. The petitioner forms part of the McKinsey Group and provides international management consultancy services. The parent of the petitioner is McKinsey and Company Inc. McKinsey and Company Inc. has a branch in India - McKinsey India. Broadly speaking, the petitioner provides two kinds of services to the Indian Branch: (i) Borrowed services which are services rendered by the petitioner to McKinsey India as part of the consultancy services, which the latter provides to its clients; (ii) Firm function services, which constitute a central support function that is dedicated to provide a range of administrative and support services for the...

Jamshedpur Utilities and Services Company Limited, a Company Incorpora ...

Court: Mumbai

A.P. Bhangale, J.1. Rule. The learned Counsel appearing for the respondents waives service. By consent, rule is made returnable forthwith and taken up for final hearing. Heard the learned Counsel for the respective parties.2. By this petition under Article 226 r/w Articles 14, 19(1)(g) and 39(b) of the Constitution of India the petitioners have prayed for the relief of declaration that acts and omissions of respondent Nos. 2 to 4 in rejecting the tender of petitioner No. 1 and awarding the contract to respondent No. 5 are per-se arbitrary, illegal, unjust, unfair, unreasonable and unconstitutional and have also prayed for issuance of appropriate writ to quash and set aside the rejection letters dated 19-1-2010 and 5-2-2010 issued to the petitioners informing that the contract is awarded to respondent No. 5, or for a writ of mandamus to respondent Nos. 2 to 4 to withdraw and cancel the letters dated 19-1-2010 and 5-2-2010.3. The facts leading to the petition in brief are thus:Petitioner...

Anwar Khan Iqbal Khan Vs. State of Maharashtra Through Police Station ...

Court: Mumbai

A.H. Joshi, J.1. This is an appeal arising out of the order of conviction and sentence rendered in Sessions Trial No. 25 of 2007 by the District Judge-4 & Addl. Sessions Judge, Nagpur.2. The accused was charged for committing rape on the prosecutrix between 13-4-2004 to 5-5-2004, and thereafter, cheating the prosecutrix by fraudulently and dishonestly inducing her by giving her assurance of marriage and obtained her consent for sexual intercourse and thereby committed rape on her between 2004 to 5-10-2006, and also committed offence punishable under Section 3(1)(x)(xi)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as he himself does not belong to Scheduled Caste.3. At the end of trial the accused was convicted for the offence punishable under Section 376(1) of the Indian Penal Code. He was sentenced to suffer R.I., for seven years and to pay a fine of Rs. 20,000/- and in default to suffer S.I., for three months and under Section 417 I.P.C., he wa...

Middle Income Group Co-operative Society Limited, a Society Registered ...

Court: Mumbai

Reported in: 2010(112)BomLR2097

S.C. Dharmadhikari, J.1. This appeal is directed against the ad-interim order dated 29th March, 2010 of the learned Single Judge where under an ad-interim injunction in terms of prayer Clause (a) of the petition has been granted and the petition is posted for final hearing on 14th June, 2010.2. Shri Dwarkadas, learned Senior Counsel appearing on behalf of the appellant submits that this order has serious repercussions and prevents the redevelopment of the property of the appellant, which is prevented by respondent No. 1, in the arbitration petition. He submits that grave loss, serious harm and injury will be caused if this order is not vacated. Despite all contractual obligations coming to an end, the appellant is prevented from redeveloping its own property. The buildings are in a dilapidated state and the appellant is a Middle Income Group Co-operative Housing Society. This is a colony of MHADA and the buildings are old. In such circumstances, he requests that the appeal be taken up ...

ispat Industries Ltd., Vs. the Commissioner of Central Excise, Raigad

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Per: S.K. Gaule, Member (Technical) 1. Heard both sides. 2. This appeal is directed against the order-in-original No.25/Commr./02-03 dated 31/03/2003 whereby the ld. Commissioner has disallowed MODVAT credit on certain capital goods and imposed penalty against the appellants. 3. Briefly stated facts of the case are that the appellants are engaged in the manufacture of Sponge Iron falling under SH 7203.00 of schedule of CETA 1985. They were availing MODVAT credit facility as per Rule 57A and 57Q for the production of final products. On the visit of officers of Central Excise, certain discrepancies were noticed on availment of MODVAT credit on capital goods. The said discrepancies can be grouped in three broad categories as under: i) Credit taken on original invoices without prior permission from the proper officer Amount involved Rs.20,53,765/- Invoice No.1134/15.12.1997, 1144/17.12.97 and No.AI-02190 dated 31.12.97. ii) MODVAT credit on power transformer received from BHEL Jhansi Inv...