Mumbai Court August 2010 Judgments
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Valmik Chiman Bhavar . Vs. S.P.Nere and ors.
Court: Mumbai
Decided on: Aug-18-2010
1. Heard learned counsel for the petitioner and respondents.2. The petitioner has challenged the result of the elections of the managing committee of Balapur Vividh Karyakari Seva Society Ltd,Balapur Taluka Yeola District Nasik respondent no. 2 which was declared on 20.5.2010. The petitioner is a member of the respondent-society and was a candidate contesting election of the managing committee of respondent no.2 which took place on 20.5.2010. The Respondent no. 4 was also a candidate for the said election. Petitioner and respondent no. 4 were the only two candidates contesting the said elections from the economically weaker category and both got equal votes; thus there was a tie. The Returning Officer respondent no. 1 declared the respondent no.4 as elected candidate by adopting approved procedure of drawing chits. It is the contention of the petitioner that a name of one Damu Ramji Shirsath who died on 7.9.2003 was shown at serial No.5 in the voter s list and Damu s son Pandharinath D...
Ravindra Shantaram Sawant. Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Aug-18-2010
1.This petition filed under Article 226 of the Constitution of India seeks to challenge the order dated 08.02.2010 passed by the Government of Maharashtra, through its Home Department, invoking its powers under Section 432 (1) of the Code of Criminal Procedure, 1973 (for short, "the Code"), thereby directing that the petitioner be released after completion of 30 years of imprisonment along with all remissions earned by him and to remit the portion of the sentence of imprisonment of life in excess of 30 years.2. The petitioner was convicted in TADA Special Case No.31/1994 by the Designated Court and for the offences punishable under Sections 3(2)(ii), of Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short, "TADA") and Section 307 of Indian Penal Code (for short, "IPC"), Section 25 (1B)(a) and Section 27 of Indian Arms Act as well as Section 333 of IPC. He was sentenced to suffer life imprisonment on different counts. On 28.08.2008, the State Government passed an order...
Shivraj S/O Kashinathappa Gandge. Vs. the State of MaharashtrA.
Court: Mumbai Aurangabad
Decided on: Aug-18-2010
1) By these applications, the applicant has challenged the orders dated 18.05.2010, passed below Exhibit10 in Criminal Misc. Application No.47/10 and below Exhibit8 in Criminal Misc. Application No.49/10 on the file of Ad hoc Additional Sessions Judge, Latur, by which the applications moved by the prosecution to keep the applicant present at the time of hearing of anticipatory bail applications moved by him, without granting interim relief, came to be allowed.2) Heard Counsel for the applicant in both these applications. Today, the applicant is present before the Court as per the directions of this Court. Also heard learned A.P.P. for Respondent State.3) During the course of submissions across the bar, it is the only grievance put forth by the Counsel for the applicant that as no interim protection was granted in favour of the applicant, the Court cannot insist presence of applicant at the time of hearing of anticipatory bail applications, even though there is a State amendment to Sect...
Rambhau S/O Venkat Ramana Talewar Aged About 63 Years, Vs, Smt.S. Kaml ...
Court: Mumbai
Decided on: Aug-17-2010
1. First Appeal No. 797/2008 is directed against the common judgment and order dated 10.1.2008 passed by learned III Joint Civil Judge, Sr.Dn., Nagpur in Special Civil Suit No. 1190/1995 which was decreed; whereas First Appeal No.393 /2010 is directed against the above said judgment and order whereby Regular Civil Suit No. 543/ 1993 was dismissed with costs.2. Facts briefly are : The dispute relates to house bearing No.336 situated in Municipal Ward No.65, at Khalasi Line, Mohan Nagar, Nagpur which is owned originally by S. Vyankatarayalu Naidu and inherited by Smt. S. Kamlabai w/o S.V.Naidu; she being the sole owner of suit house. It is case of the plaintiff that three rooms of the suit house were given on rent to the defendantRambhau Talewar at the monthly rent of Rs. 45/ pursuant to the order passed by House Allotment Officer (in short "HAO") in a case No. 8/8//A71 (C/D) 198081 dated 4.10.1980; while two remaining rooms were kept for occupation by the plaintiff for her own use. The ...
Uddhavrao S/O.Nivrutti Sarkale, Age70 Years,markand S/O.Uddhavrao Sark ...
Court: Mumbai
Decided on: Aug-17-2010
1. By the present application, the applicants, who are accused in RCC No.381/2001, pending on the file of 2nd J.M.F.C. at Osmanabad, have assailed the order passed below Exh.103 by which the learned J.M.F.C. had allowed the application of prosecution to frame additional charge against the applicants u/s. 229(A) of The IPC.2. It appears that the said order came to be challenged before this Court and circulation was taken on 03/08/2010. At that time, implementation of the order impugned was stayed.3. Rule.4. Rule made returnable forthwith.5. Considering the small issue involved in this matter, heard finally at the stage of admission itself.6. Such of the facts which are necessary for the just decision in this matter can be summarized as follows : The offence came to be registered against the applicants in Dhoki Police Station, on the information received from one Shrikrushna Gandhe on 22/06/2001 for an offence punishable u/s. 39, 44 of The Indian Electricity Act. It appears that after co...
Abdul Aziz Alisaheb Bharmar and ors. Vs. the State of Maharashtra,addi ...
Court: Mumbai
Decided on: Aug-17-2010
1. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents.2. Petitioners in the present petition are seeking declaration that the proceedings under The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act of 1976") in respect of alleged surplus area with regard to Survey No. 25/1 admeasuring 3475 sq. meters of Village Vadavali, Taluka and District Thane, stands abated in view of the provisions of Urban Land (Ceiling and Regulation) Repeal Act, 1999.3. The learned counsel for the petitioners has submitted that the Deputy Collector and the Competent Authority, Thane Urban Agglomeration, passed an order dated 19th October 1988 under Section 8(4) of the Act of 1976 in the Case bearing No. ULC/TA/Kavesar/SR/193 in respect of various lands situate at Village Kavesar, Vadavali and Owale. Survey No. 25/1 of Village Vadavali was in green zone.4. It is further contended by the learned counsel for the petitioner...
M/S. Rajguru Enterprises Pvt. Ltd. Vs. Commissioner of Customs (Prev.) ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-17-2010
Per : Ashok Jindal The appellants have filed these appeals against the order wherein the Commissioner of Customs (Preventive), Mumbai has sanctioned the provisional release of goods seized pertaining Shipping Bills No.8326817 and 832887 on execution of bond and furnishing of the bank guarantees. 2. Brief facts of case are that the appellants are engaged in the business of manufacturing and export of stainless steel utensils and stainless steel cutlery etc. and having the status of Export House. Their goods have been seized by the customs officers and they were asked to execute a bond and furnish bank guarantees for Rs.10 lakhs and Rs.3 lakhs. 3. Heard both sides. 4. The learned Advocate appearing on behalf of the appellants submitted that as per the provisions of para 2.42.1 of the Foreign Trade Policy no seizure of stock shall be made by any agency so as to disrupt manufacturing activity and delivery schedule of exports. In exceptional cases, concerned agency may seize the stock on...
Commissioner of Customs (Export), Nhava Sheva Vs. M/S Shlok Exim Corpo ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-17-2010
Per: Shri Ashok Jindal, Member (Judicial) Revenue has filed this appeal. 2. The respondents imported 131 packages of Polyester Woven Fabrics (PWF) and filed ex-bond Bill of Entry for its clearance. They claimed duty free clearance of the same under Notification No. 203/92-Cus dated 19.5.1992 by submitting Release Advice issued by Mumbai Custom House against Value Based Advance Licence No. 0510233922 dated 05.1.2009 issued in lieu of the original licence No. 2270714 dated 9.1.1995 issued in the name of M/s M.S. Shoes East Ltd. 2.1 On scrutiny of the licence, if was found that the same was originally issued to M/s M.S. Shoes, New Delhi, the original copy has been reported lost and the present licence produced is a duplicate one issued by the DGFT in lieu of the original, made transferable by them on 18.12.2008 and revalidated upto 25.6.2009. It was also noticed that there is no endorsement on the licence regarding the condition of nexus between the imported material and material used i...
Dhananjay Gopalrao Bahergaonkar Age36 Years, Vs. the State of Maharash ...
Court: Mumbai
Decided on: Aug-16-2010
1. By the present criminal application, u/s 482 of the Criminal Procedure Code, the applicant has prayed to quash and set aside the FIR bearing No. B38/2010 registered with Shivaji Nagar Police Station, Beed for an offence punishable u/s 323, 504 and 506 of the Indian Penal Code with section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. In response to the notice issued by this Court, respondent No.2original complainant, appeared and filed his affidavit in reply on 02.08.2010.3. Heard learned counsel for the applicant followed by learned APP and learned counsel for respondent No.2.4. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, heard finally at the stage of admission.5. Such of the facts, as are necessary for the decision of this application, may briefly be stated thus a) CR No.B38/2010 came to be registered with Shivaji Nagar police station, Beed on 18th June 2010 on the complaint of respon...
Abdul Gaffar Tota Patel. Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Aug-16-2010
1.The petitioner was one of the three accused tried in Sessions Case No. 42/1998 by the learned Additional Sessions Judge at Malegaon for the offence punishable under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "NDPS Act") and by the judgment and order dated 27.06.2002 only the petitioner was convicted for the said offence and was sentenced to suffer RI for 10 years and to pay fine of Rs.1,00,000/, in default to suffer RI for one year. This order of conviction and sentence was challenged in Criminal Appeal No.749/2002 and the Appeal was dismissed as per the judgment dated 03.11.2003. The petitioner approached the Supreme Court in SLP (Criminal) No.6998/2004 and it was dismissed on 30.07.2004. 2. By this petition filed under Article 226 of the Constitution, the petitioner seeks to invoke inherent powers of this Court under Section 482 of Cr. PC to correct the order of sentence and more particularly, the order dated 03.11.2003 passed by this Court ...
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