Mumbai Court September 2011 Judgments
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Oil and Natural Gas Corporation Ltd Vs. Petroleum Employees Union and ...
Court: Mumbai
Decided on: Sep-08-2011
1. Rule. Returnable forthwith by consent. Respondents waive service. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner Oil and Natural Gas Corporation Ltd, have challenged the Award dated 28th February 2011 passed by the Presiding Officer, Central Industrial Tribunal No.II in Reference CGIT No.2/10 of 2003. By this Award, the learned Presiding Officer has allowed the reference and declared that the contracts between the petitioner and various contractors in respect of workmen covered by the reference and particularly, in List A and List B, are sham, bogus and mere camouflage. The Presiding Officer also declared that the workmen in these lists were absorbed as per the order of this Court and they are entitled to appropriate wages and other service benefits on par with the permanent workmen of the petitioner-Corporation. It is also held that the said workmen are entitled to the benefits of settlement dated 12th July 2000. 2. Mr.Kamdar, learned ...
Bhaskar Janardhan Salunke Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-08-2011
1. Heard rival submissions on this appeal, preferred by the appellant/sole accused, challenging the judgment and order of conviction passed by the learned Additional Sessions Judge, Shrirampur, dated 23.2.2010, in Sessions Case No.15 of 2008. 2. The brief facts of the case are as under:- Victim Vandana was married with appellant/ accused in the year 1994. The married couple had two Cr.Appeal/197/2010 children. The appellant/accused - husband of victim Vandana, was addicted to liquor and at times, used to beat her on various counts. One of such incidents of beating occurred in the evening of 8.12.2007 i.e. the fateful day. On that evening the appellant ordered his wife victim Vandana to prepare the meal and also asked her to prepare some dish containing eggs. That day, being Saturday, victim Vandana refused to cook the food containing eggs. This refusal infuriated the appellant and at that time, he was also drunk. He started abusing his wife victim Vandana in filthy language and took ou...
Anant Ramchandra Dakshindas Vs. Divisional Joint Registrar and ors
Court: Mumbai Nagpur
Decided on: Sep-08-2011
1. In this petition filed under Articles 226 and 227 of the Constitution of India, the challenge is to the order dated 24.2.2009 passed by the Divisional Joint Registrar (respondent no. 1) with further challenge to a circular dated 3.2.2003 issued by respondent no. 7 Commissioner for Cooperation. It is contended that said circular is unconstitutional and ultra vires the powers of said respondent. There is also an interim prayer to stay the effect and operation of communication dated 4.9.2007. 2. The impugned order dated 24.2.2009 is passed by respondent no. 1 as an appellate authority under Section 152 of the Maharashtra Cooperative Societies Act, 1960 and that appeal was preferred by present petitioner against the enquiry report dated 24.4.2007. The Appellate Authority has dismissed that appeal. The circular dated 3.2.2003 is issued by the Office of Commissioner for Cooperation and Registrar of Cooperative Societies specifying the condition subject to which an enquiry officer for cond...
Ms Vithal Sugar Manufacturing Ltd. Vs. State of MaharashtrA.
Court: Mumbai
Decided on: Sep-08-2011
ORAL JUDGMENT (PER DR. D.Y. CHANDRACHUD, J.) 1. In these proceedings under Article 226 of the Constitution, the Petitioner has challenged the constitutional validity of the provisions of Section 55 of the Maharashtra Value Added Tax (Levy and Amendment) Act, 2005. In addition, the Petitioner has questioned the legality of three notices issued by the Purchase Tax Officer, Sugarcane, Solapur dated 4 August 2011, calling upon the Petitioner to pay an amount of Rs. 7,34,05,112/- being the liability of the Petitioner in respect of purchase tax under the Maharashtra Purchase Tax on Sugarcane Act, 1962 for the period 2008-09, 2009-10 and 2010-11. The petitioner called into question an order passed by the State Government in the Finance Department, rejecting the application made by the Petitioner for exemption under Section 12B of the Maharashtra Purchase Tax on Sugarcane Act, 1962. 2. The petitioner is a Company incorporated under the Companies Act 1956. On 29 July 2010, the Petitioner submit...
Nagpur Bench, Nagpur Vs. Divisional Joint Registrar and ors.
Court: Mumbai
Decided on: Sep-08-2011
1. In this petition filed under Articles 226 and 227 of the Constitution of India, the challenge is to the order dated 24.2.2009 passed by the Divisional Joint Registrar (respondent no. 1) with further challenge to a circular dated 3.2.2003 issued by respondent no. 7 Commissioner for Cooperation. It is contended that said circular is unconstitutional and ultra vires the powers of said respondent. There is also an interim prayer to stay the effect and operation of communication dated 4.9.2007. 2. The impugned order dated 24.2.2009 is passed by respondent no. 1 as an appellate authority under Section 152 of the Maharashtra Cooperative Societies Act, 1960 and that appeal was preferred by present petitioner against the enquiry report dated 24.4.2007. The Appellate Authority has dismissed that appeal. The circular dated 3.2.2003 is issued by the Office of Commissioner for Cooperation and Registrar of Cooperative Societies specifying the condition subject to which an enquiry officer for cond...
Sarjerao Shahaji Kokare Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Sep-08-2011
ORAL JUDGMENT: (Per V.M. Kanade, J.) 1. Heard the learned Counsel appearing on behalf of the Appellant and the learned APP appearing on behalf of the Respondent - State in Criminal Appeal No.111 of 1991 so also the learned APP appearing on behalf of the Appellant - State and the learned Counsel for the Respondents in Criminal Appeal No.353 of 1991. 2. Both these appeals can be disposed of by a common judgment since Criminal Appeal No.111 of 1991 is filed by original accused No.1 against the judgment & order of conviction passed by the Trial Court and Criminal Appeal No. 353 of 1991 is filed by the State against the judgment and order passed by the Trial Court acquitting original accused Nos. 2 to 4. 3. Appellant - original accused No. 1 was convicted by the Trial Court for the offence punishable under section 302 of the Indian Penal Code and he was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs 2000/- and, in default, to suffer simple imprisonment for one ...
The State of Maharashtra Vs. Sidram Chandrashekar Karanje.
Court: Mumbai
Decided on: Sep-08-2011
ORAL JUDGMENT : (PER R.M.SAVANT, J.) :- 1. The above appeal is directed against the judgment and order dated 07-02-1991 passed by the 3rd Additional Sessions Judge, Solapur, by which the accused was acquitted of the offences punishable under Section 302 of Indian Penal Code and 37(1) punishable under Section 135 of the Bombay Police Act. 2. The prosecution story in brief, is that there was a marriage of the daughter of one Nandlal Champalal Dhoot in Mahavir Mangal Karyalaya between 06-12-1989 to 08-12-1989. The catering contract of the said marriage was given to one Jugalkishor Vyas, who is the complainant. The marriage ceremony was over on 07-12-1989. However, on 08-12-1989, there was a lunch for the near relatives which is called "Aher ceremony". The deceased one Prabhuling Birajdar was one of the persons working with the complainant. It is the case of the prosecution that on 08-12-1989 at about 4.00 p.m., when the meals were over and the complainant was winding up the articles on th...
Mohammed Gaus Ibrahim Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-08-2011
JUDGMENT: 1. The Appeal is preferred by the original accused challenging the judgment and order in Sessions Case No.1034 of 1995 passed by the learned Addl. Sessions Judge, Greater Bombay, whereby the accused was convicted for the offence of rape punishable under Section 376(2)(f) of I.P.C. and was sentenced to undergo R.I. for ten years and to pay fine of Rs.500/-. 2. Prosecution case, in brief, is that the complainant Suman Jadhav (PW-2) resided in Indira Nagar Zopadpatti, Opposite Kala Mandir Cinema, Bandra (East) along with her husband, two sons and a daughter aged about four years during the year 1995. The said daughter, examined as PW-3, was the victim of the offence and thus prosecutrix. The accused was also residing in the same neighbourhood along with his wife and two-year-old son. He was called as "Mohd. Mama" by the children of the locality. On 23.4.1995, at about 9.30 p.m., the complainant left her house to see off and reach her mother and a nephew at Kala Mandir. Her husba...
Balaji Digambarrao Kotgire Vs. Enquiry Authority and ors.
Court: Mumbai Nagpur
Decided on: Sep-07-2011
1. Heard. By this petition, the Petitioner has prayed for to quash and set aside the Award, Inquiry report dated 5.11.2004 passed by the Respondent no.1 Enquiry Authority, Chief Manager, Disciplinary Action Department, Oriental Bank of Commerce, New Delhi and the removal order dated 22.12.2004 passed by respondent no.3/Disciplinary authority, Deputy General Manager (Personnel), the order passed in appeal which was rejected by Respondent no. 4/Appellate Authority, General Manager (Personnel) on 14.02.2005, the order in Review application passed by the Respondent no 5, Reviewing authority, Executive Director on 9.05.2005. He has further prayed for to direction to the respondents for reinstatement of the Petitioner with full back wages, arrears and continuity of service with all ancillary benefits . 2. The facts in nutshell are thus: - That the Petitioner was appointed by the Regional Manager, South -Western region of the Oriental Bank of Commerce Ltd, Mumbai as a Clerk-cum-Cashier in the...
Abhijit Balkrishna Patil Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-07-2011
1. Rule, returnable forthwith. The learned Addl. Govt. Pleader for the respondent nos.1 to 3 waives service. Heard finally on merits by consent of parties. 2. This Writ Petition is directed against the order dated 29.4.2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Division, Pune, whereby the caste claim of the petitioner as belonging to Koli Mahadeo Scheduled Tribe came to be invalidated. The counsel for the petitioner has submitted that the petitioner has primarily challenged the decision of the Scheduled Tribe Certificate Scrutiny Committee on the ground that the constitution of the Committee was not valid as per the decision of the Apex Court inKumari Madhuri Patil v. Addl. Commissioner, Tribal Development and others[(1994) 6 SCC 241]. 3. The counsel for the petitioner has submitted that the composition of the Committee which has invalidated the caste claim of the petitioner by the impugned order is thus:- (i) Mr.V.K. Mahavarkar, Vice-Chairman. (ii)Mr.A.D.S...
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