Mumbai Court April 2012 Judgments
Pramod at Badukaka Purushottam ... Vs. the State of Maharashtra and or ...
Court: Mumbai
Decided on: Apr-27-2012
1. Heard Counsel for the parties. This petition was filed in December, 2011 to challenge the order passed by respondent No.4 and 2 dated 23.11.2011 and 2.12.2011 respectively. By the said order, an Administrator was appointed on Respondent No.6-Market Committee in exercise of powers u/s 15A(1) of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963. The learned Single Judge of this Court entertained this petition and granted interim relief on 5.12.2011, which is still operating in favour of the petitioner. In the meantime, as the extended period of the managing committee of Respondent No.6 Market Committee expired on 19.11.2011, the petitioner applied for granting further extension of the term. That application came to be rejected on 29.2.2012. Accordingly, even the said decision of the Additional Secretary - Textiles and Cooperation, Government of Maharashtra dated 29.2.2012 is challenged in this petition after amendment.2. As regards the challenge t...
Tag this Judgment!Balasaheb Rangnath Khade Vs. the State of Maharashtra .
Court: Mumbai
Decided on: Apr-27-2012
1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The 'heyden's rule' or the 'mischief rule', which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of. The crime problem is the overdue debt a society pays for ...
Tag this Judgment!Shaikh Abdul Rahim Nabi Vs. the Anjuman-i-islam and ors.
Court: Mumbai
Decided on: Apr-27-2012
1. The Plaintiff is a teacher in the defendant No.2 school run by Defendant No.1 (The School). Defendant No.3 is another teacher in the School. The Plaintiff tendered his letter of resignation to the school on 25th August, 1993. The Principal of the School accepted resignation and the Plaintiff's service was terminated. The Plaintiff challenges the letter or resignation as having been obtained by coercion and upon the premise that it was not accepted by the Principal on the next day. The Plaintiff sought to withdraw his resignation by his letter dated 3rd September, 1993 on the ground that it was obtained by coercion. The Plaintiff further sent a letter dated 3rd September, 1993 to the Principal of the school stating the same facts. The Plaintiff received the acceptance of his resignation from the school under the letter dated 26th August, 1993 after the Plaintiff sought to withdraw his resignation under his letter dated 3 rd September, 1993. The Plaintiff claims that he received that ...
Tag this Judgment!Balasaheb Rangnath Khade Vs. the State of Maharashtra and ors
Court: Mumbai
Decided on: Apr-27-2012
1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The 'heyden's rule' or the 'mischief rule', which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of.The crime problem is the overdue debt a society pays for tolerat...
Tag this Judgment!Dheklewadi, Taluka Mohol Vs. Dhekalewadi.
Court: Mumbai
Decided on: Apr-27-2012
1. The appellants-original accused nos.1-7 have moved this Court being aggrieved by the judgment and order dated 31st January, 1990 in Sessions Case No. 100/1990 thereby convicting the appellants for the offence punishable under Section 147 of IPC and sentencing them to suffer one month's R.I. and to pay fine of Rs. 100/- in default to suffer further four days R.I. and for the offence punishable under Section 148 of the IPC and sentencing them to suffer R.I. for two months and to pay fine of Rs. 200/- and in default to suffer further R.I. for 8 days and for the offence punishable under Section 302 r/w 149 of IPC and sentencing them to suffer R.I. for life and to pay fine of Rs. 2000/- and in default to suffer further R.I. for six months and for the offence punishable under Section 504 r/w 149 of the IPC and sentencing them to suffer R.I. for one month and to pay fine of Rs. 100/- and in default to suffer further R.I. for four days and for the offence punishable under Section 506 ...
Tag this Judgment!Jeevan Kapurchand Bafana and anr Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-27-2012
1. In view of the disposal of the Writ Petition No.10576 of 2011 by a separate speaking order passed today, Counsel for the Petitioner submits that this petition be disposed of with liberty to the petitioners to pursue the challenge regarding the provisional voters' list at the appropriate stage when the election process of the concerned bifurcated Market Committee is commenced in terms of the observations made in the said decision.2. Writ Petition is disposed of accordingly.3. In view of the disposal of the petition, nothing survives in the civil application and the same is disposed of accordingly....
Tag this Judgment!Shree Shyambaba Cotton Company Vs. Agricultural Produce.
Court: Mumbai
Decided on: Apr-27-2012
1. Rule. Taken up for final hearing by consent. Heard submissions at the bar.2. By this Petition, the petitioner claims that the petitioner-company is deemed to have secured license for the purposes of purchasing cotton for processing of pressing and ginning under Section 7(1) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 and has prayed to quash and set aside the seizure notice dated 17/03/2012 issued by respondent no.1/Market Committee.2. The facts, briefly stated, are thus :- That the Petitioner, a businessman and proprietor of Shree Shyam Baba Cotton Company, had purchased the land Gat No.286/3, admeasuring 2.25 acres situated at Karambhad in taluka Parseoni, District Nagpur with a view to establish Cotton Ginning and Pressing Factory. The Shed was constructed in the month of November/December, 2011 to establish the Cotton Ginning and Pressing Factory at the cost of Rs.4 crores. On or about 28/09/2011, the petitioner applied for license to ...
Tag this Judgment!Balasaheb Rangnath Khade Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-27-2012
1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The 'heyden's rule' or the 'mischief rule', which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of. The crime problem is the overdue debt a society pays for ...
Tag this Judgment!Preciforge and Gears Vs. Commissioner of Central Excise Pune
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-27-2012
The present appeal filed by M/s Preciforge and Gears, Pune is against Order-in-appeal No. P-I/RKS/90/2010 dated 22-6-2010 passed by the Commissioner of Central Excise (Appeals), Pune. 2. The facts relevant for consideration in this case are as follows. The appellant is a manufacturer of transmission gears and forgings falling under Chapter 84 and 73 of the Central Excise Tariff. The appellant availed cenvat credit of excise duty paid on steel plates, coils, rounds, angles, channels, etc. which were used in the manufacture of goods such as stands, tables, trolleys, trays, cupboards, stools, bins, etc. on which no excise duty was paid and the credit was taken under the category of capital goods. The department was of the view that these goods are neither inputs nor capital goods and the appellant was not eligible to avail the cenvat credit. Therefore, the department issued a show cause notice dated 17-4-09 proposing to deny credit amounting to Rs.1,49,540/- and recover the same under rul...
Tag this Judgment!M.M. Abraham Vs. Dr. Yogendra Ravi and Others
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Apr-27-2012
S.R. Khanzode, Presiding Judicial Member 1. This appeal takes an exception to an order dated 18/10/2003 in Consumer Complaint No.456/96, Shri M.M.Abraham Vs.Dr.Yogendra Ravi and ors., passed by District Consumer Disputes Redressal Forum, Thane (hereinafter referred as Forum). 2. The consumer complaint pertains to alleged deficiency in service vis--vis medical negligence on the part of orthopedic surgeon Dr.Yogendra Ravi and against consulting pathologist Dr.Neeta Ravi for giving wrong histopathology report of suspected bone tumor of the complainant. The complaint stood dismissed and feeling aggrieved thereby, original complainant preferred this appeal. 3. At the outset, it may be mentioned that opponent No.2, Cardibal Gracies Memorial Hospital (hereinafter referred as hospital), where the operation of the complainant was conducted on 04/01/1995 was also impleded as one of the respondents, namely, respondent No.2 in this appeal. However, the appeal is not pressed against the said respon...
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