Mumbai Court May 2012 Judgments
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M/S. Denklay Marine Services Ltd. and Others Vs. Mrs. Benedicta A. Fer ...
Court: Mumbai
Decided on: May-08-2012
1. Appellants challenge the judgment and order dated 10.9.2004 passed by the Additional Commissioner for Workmen's Compensation, Mumbai i.e 6th Labour Court. This being an appeal under Section 30 of The Employees' Compensation Act, 1923, (Workmen's Compensation Amendment Act 2009) (Hereinafter referred as “The Act”) Substantial questions of law are as under :- Findings(1) Whether the Tribunal has committed an error in awarding compensation though case is not covered under Section 3 of the Act and holding 100% disability ?No(2) Whether the order of compensation of Rs.3,75,528/- is just and legal in view of amendment of 2009 in section 4 of the Act ?No(3) Whether the respondent/original applicant is entitled to claim compensation as per the terms and conditions of NMB agreement under the Act?No2. Respondent is an original applicant. He was employed with the appellant/shipping company on the board, the vessel M.T Shannon on 3.3.1998. He joined and worked as a Petty Offic...
Shivrao Wamanrao Deshmukh and Another Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: May-08-2012
Oral Judgment: 1. Both the appeals are filed against the Judgment and Order passed in Special Case No. 1/2000, which was pending in the Court of Special Court, Khamgaon, District Buldana. The appellants from both the appeals are convicted and sentenced by the Trial Court for the offences punishable under Sections 7, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Both the sides are heard. This Court has perused the original record. 2] In short, the facts leading to the institution of two appeals can be stated as follows: The complainant Subhash Murthe wanted to register the sale deed made by him in favour of one Smt. Deokabai Tawari in the office of Sub Registrar, Jalgaon Jamod, District Buldana. Accused no.1 Shri Kale was working as the Sub Registrar and accused Shri Deshmukh was working as a peon in this office. On 6.4.1998 the complainant purchased stamp papers for execution of the sale deed and he deposited the charges in respect of registration of the ...
Miss Kumud Pagi Vs. Gurudas Shet Gaonkar and Others
Court: Mumbai Goa
Decided on: May-08-2012
Oral Judgment: (U.V. Bakre, J.) 1.This appeal is directed against the Judgment and Award dated 30.6.2007 passed by the Learned Presiding Officer of the Motor Accident Claims Tribunal, South Goa, Margao (“Tribunal”, for short), in Claim Petition No. 321/2003/II, whereby the said claim petition has been partly allowed. 2. The appellant had filed the said claim petition under Section 166 of the Motor Vehicles Act, 1988 (M.V. Act, for short) thereby claiming total compensation of Rs.12.00,000/- on account of injuries sustained by her in a motor vehicular accident, which injuries resulted into permanent disability. 3. Facts of the case are as follows: On 16.5.2003, at about 17.30 hours, the claimant was standing on the left hand side of the road at Devenbag Tarir, Canacona, Goa, when the respondent no. 2 drove his tanker bearing registration no. GDS-5523 in a rash and negligent manner and dashed against the appellant, due to which she fell down and the wheels of the tanker ran o...
Mormugao Municipal Council Vs. Union of India and Others
Court: Mumbai Goa
Decided on: May-08-2012
Oral Judgment: (A.P. Lavande, J.) 1. Heard Mr. Padiyar, learned Counsel for the petitioner and Mr. Amonkar, learned Central Government Standing Counsel for the respondents. Rule. By consent heard forthwith. 2. By this petition, the petitioner seeks the following reliefs : “a) For writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India commanding and directing the respondents to release and pay to the Petitioner total maturity amount of Rs.12,00,000/- (Rupees twelve lakhs only) on the Kisan Vikas Patra certificates under certificate Nos. 99CC348491 to 99CC348550 of Rs.10,000/- each, Registration No.9572 dated 15/04/2002 at Annexure A-1 (colly). b) For interest at the rate of 18% per annum on the total maturity amount of Rs.12,00,000/- (Rupees twelve lakhs only) on the Kisan Vikas Patra certificates under certificate Nos. 99CC348491 to 99CC348550...
M/S S K Plastic Industries Vs. the New India Assurance Co Ltd and Anot ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: May-08-2012
S.B. Mhase, President 1. We herd Mr.B.S. Talwar, Advocate for the applicant/complainant and Mr.A.S. Vidyarthi, Advocate for the non-applicant/opponent No.1-Insurance Company and Mr.S. Hussain, Advocate for the non-applicant/opponent No.2-Bank. 2. The present complaint along with delay condonation application has been filed by M/s.S.K. Plastic Industries, a partnership firm of three persons, namely, Mr.Ketan Majithia, Mrs.Khemal Majithia and Mr.Sangram Majithia. Mr.Ketan Majithia and Mrs.Khemal Majithia are husband and wife and Mr.Sangram Majithia is a brother of Mr.Ketan Majithia. This partnership firm has taken loan from the Corporation Bank-opponent No.2 of Rs.70 Lakhs. Out of this Rs.70 Lakhs, Rs.50 Lakhs was taken as a term loan by pledging plant and machineries. Rs.20 Lakhs were advanced by the Bank as a working capital. The complainant is a manufacturer of BOPP self adhesive tapes and plastic Box Strapping and the licenced manufacturing capacity of the complainant is 3000 Boxes p...
Rajesh Nandakumar Motwani Vs. Cholamandalam Securities Ltd.
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: May-08-2012
S.B. Mhase, President 1. Heard Mr.Ronak Shah, Advocate for the complainant. 2. This complaint was on the Board yesterday for admission. Learned Counsel for the complainant Mr.Ronak Shah was present and it was pointed out to him that complaint involves a trading of shares in the Share Market and therefore, it is a commercial transaction and the complaint may not be admitted. Upon which, he requested for time and time was granted to him, so that he shall prepare himself to argue on this point. Accordingly, today, complaint is on the Board for admission. This fact is being recorded to demonstrate that point was very much appraised to the Learned Counsel, so that he shall come prepared to satisfy the Commission as to how complaint is tenable and as to how complainant is a consumer within definition of the Consumer Protection Act, 1986. 3. There is another objection which equally requires to be considered, namely, from the complaint, it appears, that when dispute started with the opponent/S...
East West Freight Carriers Pvt. Ltd. and Others Vs. Commissioner of Cu ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-07-2012
P.R. Chandrasekharan: These appeals are directed against Orders-in-Original CAO No. 53/2004/CAC/CC/RJM dated 31/05/2004 and No. 66/2004/CAC/CC /DJM dated 29/06/2004 passed by the Commissioner of Customs, Adjudication Cell, New Customs House, Mumbai. Since a common issue is involved in both these cases, we take up them together for consideration and disposal. 2. The Directorate of Revenue Intelligence received an intelligence that several consignments of bearings have been imported in the name of M/s Hiral Overseas, M/s Ankit International, M/s Nippon Bearings Pvt. Ltd., M/s M.M.Corporation, M/s Nippon Bearings (India), M/s S.N.M. Enterprises, M/s Devanti Overseas and a few other firms under the cover of duplicate Advance Licence No. 0111434 dated 22/11/99 issued in the name of M/s Amrit Laxmi Machine Works, Mumbai and transferred in the name of these firms. The duplicate licence was issued against the original licence No. 0314593 dated 28/11/96 which permitted duty free import of 248 p...
Pankaj Kumar Tripathi Jeetinder Singh Arri Vs. Commissioner of Customs ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-07-2012
Heard both sides. 2. The appellants filed these appeals against a common order-in-appeal. The appellants challenged in these appeals the imposition of penalty of Rs.2,00,000/- each imposed under Section 114 of the Customs Act. 3. The brief facts of the case are that on 5.2.2004 one person, namely, Shri Iqbal Yusuf Suleman, was intercepted by the Customs officials while boarding flight No.WY 808 of Oman Airways leaving from Mumbai to Dubai via Muscat. On the search of Shri Suleman, foreign currency equivalent to Rs.17,98,900.00 was recovered, which was not declared to the Customs authorities. Various statements of Shri Suleman were recorded under Section 108 of the Customs Act and in his statements he disclosed that he travelled almost 200 times to Dubai for business purposes and he was carrying foreign currency for others. In respect of the currency recovered, Shri Suleman admitted in his statement that the same has been handed over to Shri Pankaj Kumar Tripathi, the ...
Kiran S/O Narhari Wattamwar and Another Vs. the Collector and Others
Court: Mumbai Aurangabad
Decided on: May-07-2012
1 Heard learned Counsel for the petitioners. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 Petitioners in both the petitions are elected councillors of Municipal Council, Loha, District Nanded. Petitioners are declared disqualified to continue as Councillors of the Municipal Council for remainder term by the District Collector, Nanded on 18.02.2012 on consideration of Disqualification Petition No.49/2011 presented by Respondent No.3 - Gajanan Subhashrao Suryawanshi under Section 3(1) (a) and (b) of the Maharashtra Local Authority Members Disqualification Act, 1986 and under Rule 6 of the Maharashtra Local Authority Members Disqualification Rules, 1987. 3 The General Elections to Loha Municipal Council were held in the month of November 2008 and in all 17 Councillors are declared to be elected including the petitioners. The petitioners belong to Congress (I) political party. There are six members belonging to Congres...
The Secretary Sadguru Jangli Maharaj Shikshan Sanstha and Others Vs. S ...
Court: Mumbai
Decided on: May-07-2012
P.C.: 1. Admit, with the consent of the learned counsel for the parties, taken up for hearing forthwith. 2. The above Second Appeals arise out of the common judgment and order dated 11th December 2009, passed by the learned Adhoc District Judge-I, Islampur, by which the Appeal filed by the Original Plaintiff being Regular Civil Appeal No. 28 of 2005 and the Appeal filed by the Management- Original Defendant Nos. 3 and 4 i.e. Regular Civil Appeal No. 38 of 2004 came to be partly allowed and resultantly, the judgment and decree passed by the trial Court in Regular Civil Suit No. 9 of 2000, came to be set aside and was substituted by the decree passed by the lower Appellate Court. The Appellant in Second Appeal No. 313 of 2010 is the original Plaintiff, where as the Appellants in Second Appeal No. 171 of 2010 are the original Defendant Nos. 3 and 4 in Regular Civil Suit 9 of 2000. The decree passed by the lower Appellate Court makes the Defendant Nos. 1 to 4 jointly and severally liable f...
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