Mumbai Court June 2011 Judgments
M/S. Win-n-quiz Company Limited Vs. the Authorized Officer, Bank of Ba ...
Court: Mumbai
Decided on: Jun-15-2011
1 The Petitioner filed an Application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SA No. 36 of 2010) before the Debts Recovery Tribunal. During the course of the proceedings, in that Application, the First Respondent relied upon a Memorandum of Entry dated 30 May 1997 in respect of a mortgage created by the Second Respondent in favour of the First Respondent by the deposit of title deeds of a residential flat at Pedder Road, Mumbai. The Memorandum was executed at Kolkata. On 28 July 2010, the First Respondent submitted a request before the Collector of Stamps, Mumbai for adjudication of the proper stamp duty. The Collector by a letter dated 11 August 2010 stated that since the Memorandum had been executed at Kolkata, which was not within his jurisdiction, the case was closed and the Memorandum was returned to the First Respondent. The First Respondent filed an affidavit before the Debts Recovery Tribunal ...
Tag this Judgment!M/S.Essel Mining and Industries Ltd. Vs. Union of India and ors.
Court: Mumbai
Decided on: Jun-14-2011
1. The Petitioner has been recognized as an Export House by the Director General of Foreign Trade in the Union Ministry of Commerce. The Petitioner engages in the manufacture of Ferro molybdenum, which falls under Heading 72.02 of the Central Excise Tariff, at its factory at Vapi. Roasted molybdenum concentrate is the principal raw material and input in the manufacture of Ferro molybdenum and is imported by the Petitioner. The Petitioner is also engaged in the mining of iron ore. Iron ore is sold within India and is exported by the Petitioner. The Target Plus Scheme : 2. The Target Plus Scheme was formulated in Chapter 3 of the Foreign Trade Policy for 2004-09 ("the FTP"). The scheme came to be discontinued in 2006. Paragraph 3.7.1 provides that the object of the scheme is to accelerate growth in exports by rewarding Star Export Houses who have achieved a quantum growth in exports. High performing Star Export Houses became entitled to a duty credit based on incremental exports substant...
Tag this Judgment!Jer Rutton Kavasmanek and anr. Vs. Gharda Chemicals Ltd. and ors.
Court: Mumbai
Decided on: Jun-14-2011
1] This company Appeal is filed by the Appellants original Petitioners impugning the order passed by the Company Law Board, Mumbai (CLB) in Company Petition No.132 of 2009. By the order under challenge dated 14th May 2010, the learned Member of the CLB has dismissed this petition and vacated all interim orders therein. 2] This appeal has been admitted on the questions of law which have been framed by this Court in its order of Admission, dated 28th June 2010. The same read as under:- "Heard all the parties. In my view, there are several important question of law which arise in this company appeal. Some of the questions of law which can be formulated are as under:- "A. Section 111A is the only provision that talks of free transferability of shares. In view of section 111A read with section 111(14), the provisions of section 111A do not apply to a private company which had become a public company by virtue of section 43A. Accordingly, section 111A is not applicable to the present company...
Tag this Judgment!Tanaji Shamrao Nalavade and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-14-2011
1 This appeal is directed against the Judgment and Order convicting and sentencing the Appellants for life imprisonment and fine and for one year with fine for offences punishable under Section 302, 323 read with Section 34 of IPC. Briefly stated the prosecution case is as under: 2 The deceased Jaysing Nalawade was having his agricultural land in village Padawalwadi. He was staying along with his family in Kolhapur. His parents were residing near Vaghbil Ghat in a bungalow. P.W.-12- Babasaheb Gurav and the deceased Jaysing Nalawade were friends. P.W.-12 was resident of Village Kerle. The deceased had a crusher machine. He was doing agricultural work. Padawalwadi is at a distance of 2 to 3 K.M. from Village Kerle. It is alleged that there was a dispute between Shamrao Nalawade of Padawalwadi and Malhari Nalawade in respect of agricultural land. The past history shows that murder of Shamrao Nalawade his sons Vasant Nalawade and Baban Nalawade, Malhari Nalawade and his sons Bajirao Nalawa...
Tag this Judgment!Laxman Janu Kokare Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-13-2011
1. This is an Appeal against conviction filed by the Appellant who is convicted under Section 376(f) of the I.P.C and sentenced to suffer Rigorous Imprisonment for 10(ten) years and to pay fine of Rs.2000/ and in default of payment of fine to suffer further Rigorous Imprisonment for one month under the judgment in Sessions Case No. 03/2005 passed by the Ad Hoc Additional Sessions Judge2, Raigad Alibag. 2. The case of the prosecution is that on 9th July 2004 the victim child, who was of about 9 years at that time, was going to school in the afternoon recess. She was enticed by the Appellant with a chocolate and shev and dragged into a field under a tamarind tree where she was sexually assaulted, as described by the victim child. After the incident the victim child continued her journey to school. She was bleeding. Blood was noticed by her classmate who reported to her teacher. She was sent back home. She came home and slept. She woke up when her sister arrived. She was asked what happen...
Tag this Judgment!Satish Gayaji Gaikwad Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-13-2011
1. This is an Appeal against conviction by both the Appellants for offences punishable under Section 376(2)(g) of the I.P.C. 452 and 406 r.w. Section 34 of the I.P.C and sentenced to suffer Rigorous Imprisonment (R.I) for 10 years and pay fine of Rs.1000/ in default to suffer further R.I for 3 months each for the offence under Section 376(2)(g). They have been sentenced to suffer R.I for 1 year and pay a fine of Rs.500/ i/d suffer R.I for 1 month each for the offence under Section 452 r.w. Section 34 of the I.P.C. They have been further sentenced to suffer R.I for 6 months and pay fine of Rs.500/ and i/d to suffer R.I for 1 month each under Section 506 r.w. Section 34 of I.P.C. All these sentences are to run concurrently. 2. The case of the prosecution is that the prosecurtrix who is a married woman with 2 children was alone in her house with her children when the accused came into her house at 2 a.m on 5th September 2005 and accused No.1 committed rape upon the prosecutrix whilst accu...
Tag this Judgment!Kewalram S/O Tulshiram Kiranapure Vs. Manoharbhai Shikshan Prasarak Ma ...
Court: Mumbai Nagpur
Decided on: Jun-13-2011
1. Heard. 2. Rule. By consent, Rule is made returnable forthwith and is heard finally. 3. It is the contention that impugned order dated 20.11.2009 refusing to entertain appeal filed by the petitioner is erroneous. The punishment imposed upon the petitioner is of withholding two increments permanently denial of next time bound promotion and not to permit him to function as internal or external examiner. The Deputy Director of Education has informed the petitioner to approach School Tribunal in the matter. Under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ( referred to as "1977 Act" hereinafter), the appeal to the School Tribunal is maintainable only against the removal, dismissal, otherwise termination super session and reduction. 4. Rule 29 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 ( referred to as "1981 Rules" hereinafter) framed under the 1977 Act contemplates an appeal to the Deputy...
Tag this Judgment!Baburao @ Babulal Raibhan Patole Vs.
Court: Mumbai
Decided on: Jun-13-2011
1. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondents State. 2. Criminal Appeal is directed against the judgment and order dated 14th August 2003 passed by the Additional Sessions Judge, Kalyan, whereby the appellant / accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life. The appellant was also directed to pay fine of Rs. 500/-. 3. The prosecution case in nutshell is as follows:- Deceased Sojarbai was the wife of the appellant. At the relevant time both were residing in a hut situate behind Saigram Housing Society at Village Umbarde, Tahasil Kalyan. On 21st December 1996 at about 06.30 p.m. the appellant came to know that deceased Sojarbai received Rs.900/- from her employer as wages and therefore he demanded money from her to purchase liquor. Sojarbai refused to oblige the appellant, he was enraged and poured kerosene on her person. S...
Tag this Judgment!Vijay Madanlal Batra Vs. Deveshkumar S/O Balgovind Shivhare
Court: Mumbai Nagpur
Decided on: Jun-10-2011
1) Rule made returnable forthwith. None for the respondent. 2) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 16/12/2010 passed by the learned District Judge, Nagpur on application (Exh. 27) filed by the petitioner herein in Regular Civil Appeal No. 237/2009, whereby the said application (Exh. 27) came to be dismissed. 3) The petitioner herein has suffered an eviction decree in Civil Suit No. 535/2004 filed by the respondent herein. The said suit was filed for eviction and possession of the disputed shop premises on the ground of bonafide requirement of the respondent. Against the said decree, the petitioner herein filed an appeal, which was registered as Regular Civil Appeal No. 237/2009. At the appellate stage, relying upon Order XIII Rule 1 of the Code of Civil Procedure, the petitioner sought to produce two documents. The first document is in the nature of certificate obtained from the Head Mistress of one Onkarla...
Tag this Judgment!Jamshed Kanga and Others Vs. the State of Maharashtra and ors
Court: Mumbai
Decided on: Jun-10-2011
1. By this petition, the petitioners challenge the order dated 9 July 2009 passed by the then Chief Minister Mr. Sushilkumar Shinde allowing an appeal under section 47 of the Maharashtra Regional Town Planning Act, 1966 (for short "the MRTP Act") and thereby granting permission to the respondent 7, the Western India Football Association (for short "WIFA") permission to develop a plot of land bearing C.S. No. 4, Fort Sub-Division, Mumbai (commonly known as "the Cooperage plot") by carrying out construction to the extent of 12052 sq. m (about 1,29,700 sq. feet) consuming 0.5 FSI of the total recreational ground admeasuring about 28,412 sq. m. The petitioners also seek a direction to the respondents restraining them from permitting in any manner the use of Cooperage plot in the Cooperage area for non-sporting activities such as holding of wedding receptions and other social functions unrelated to sports. The petitioners have also challenged the vires of section 91AA(2) of the Bombay Munic...
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