Mumbai Court June 2012 Judgments
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Subodh Lallubhai Bhansali and Others Vs. Pandarinath Moreshwar Dahanuk ...
Court: Mumbai
Decided on: Jun-19-2012
1. This Suit is filed for specific performance and in the alternative for damages of Rs.1,46,000/- with interest at the rate of 18% p.a thereon, as per the particulars of Exhibit-D to the plaint admittedly executed by and between the Plaintiffs and Defendants 1 to 5 who are shown as owners of the suit property in the record of rights. Defendants 6 to 8 have been joined as party Defendants later, since they are the married sisters of Defendants 1 to 5, but who are not shown as owners in the record of rights. The execution of the agreement is admitted. The receipt of earnest amount of Rs.40000/- under the agreement is also admitted by Defendants 4 and 5 who have sought to defend the Suit. 2. Defendants 1 and 2 have expired. The Plaintiff contends that the other Defendants are their only heirs. The Defendants contend that they have left behind their own issues. No other heirs have been brought on record. 3. After the execution of the agreement on 19th November 1987 the Plaintiffs called u...
Mr. Sandip Kalangutkar Vs. State and Another
Court: Mumbai Goa
Decided on: Jun-19-2012
Oral Order: Heard Shri J. P. D' Souza, learned Counsel appearing for the Applicant and Ms. Milena Pinto, learned Addl. Public Prosecutor, appearing for the Respondents. 2. The above application is filed by the Applicant for bail on the ground that the Applicant was arrested by the Respondent Police Station on 16.05.2011 under Section 143, 147, 148, 302 and 307 r/w Section 149 of the Indian Penal Code in F.I.R. no. 73/2011 and thereafter was lodged at the Respondent Police Station. It is further his case that it is alleged by the Respondent that on 03.04.2011 between 3.00 hours to 4.00 hours, near Club Virgin, Gauravaddo, Calangute, Bardez, Goa, the Applicant along with the other accused with the common object formed an unlawful assembly armed with spanners and in furtherance with their common object assaulted one Ravi Rajan V. and his driver by name Sunil with slaps, fist blows, etc., and further assaulted the said Ravi Rajan V. and his driver said Sunil with spanners causing injuries ...
Sheetal Medi-care Products Pvt. Ltd Vs. New India Assurance Co. Ltd an ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jun-19-2012
Per Shri P.N. Kashalkar, Honble Presiding Judicial Member 1. This consumer complaint has been filed by the complainant-M/s.Sheetal Medi-Care Products Pvt. Ltd., Mumbai against the opponent/New India Assurance Company Ltd. alleging deficiency in service on the part of opponent. According to the complainant on 31/07/2005 total stock as per the Bank of Rs.1,95,28,690/- was lying with the complainant. It is a company registered under the Companies Act. Opponent No.1 is the Insurance Company itself and opponent No.2 is the Divisional Manager of the Insurance Company having office at Jyoti Chambers, J.V. Marg, Ghatkopar (W), Mumbai. 2. According to the complainant-company, it had taken insurance cover in terms of policy bearing No.140600/11/05/11/00000889 and made claim amounting to Rs.71,22,521/- in respect of damage to its various insured properties on account of heavy rains in Mumbai. The complainant had paid premium of Rs.20,249/- while purchasing said policy. The complainant-company ple...
The Branch Manager, Oriental Insurance Co. Ltd. Vs. Smt. Shanta Dattat ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jun-19-2012
Shri Narendra Kawde, Honble Member This appeal is directed against the order dated 17/07/1999 in consumer complaint No.710/1998 passed by District Consumer Disputes Redressal Forum, Kolhapur (District Forum in short), thereby allowing the complaint of the present respondent No.1/org. complainant directing the appellant to pay an amount of `25,000/- with 18% p.a. interest with effect from 01/12/1998 along with cost of `500/- on account of settlement of insurance claim under the Janata Personal Accident Insurance Policy of deceased husband of the complainant. 2. Aggrieved with the impugned order, the appellant/Insurance Company preferred this appeal on the ground that deceased husband died while he was under the influence of alcohol and therefore, the appellant/Insurance Company rightly repudiated the insurance claim. 3. Admittedly, Late Shri Dattatray Sadashiv Magdum, husband of the respondent/complainant subscribed to Janata Personal Accident Insurance Policy issued by the appellant/In...
Pawankumar Kamlesh Tripathi Vs. Sharma Realty Pvt. Ltd and Others
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jun-19-2012
S. B. Mhase, President, J. [1] Heard Adv. P. K. Mishra instructed by Adv. K. P. Mishra on behalf of the Applicant and Adv. Deval Anja proxy advocate for Adv. Uday Warunjikar on behalf of the None-Applicants. [2] This is an application filed under Section-25 of the Consumer Protection Act, 1986 requesting this Commission to grant a certificate under Section-25(3) of the said Act so that amounts which are recoverable as per order dated 15/11/2011 passed by this Commission in Consumer Complaint No.106 of 2009 can be recovered. A notice of this application which was kept returnable on 3/5/2012 was issued to the Non-Applicants. On 3/5/2012, Adv. Deval Anja proxy advocate for Adv. Uday Warunjikar appeared on their behalf and sought an adjournment. Time was granted and the matter was adjourned to 7/5/2012. On 7/5/2012 since the Commissions time was over the Board was discharged and the matter was adjourned till today. Inspite of service of notice of this application and inspite of seeking tim...
M/S. Calcutta Express Roadlines Pvt. Ltd. Vs. M/S. Shanti Textiles, Th ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jun-19-2012
Shri S.R. Khanzode, Honble Presiding Judicial Member This appeal takes an exception to an order dated 06/08/2005 passed in consumer complaint No.445/2000, M/s.Shanti Textiles V/s. M/s.Calcutta Express Roadlines Pvt. Ltd., by District Consumer Disputes Redressal Forum, South Mumbai (the Forum, in short). 2. It is a case of alleged deficiency in service on the part the transporter/carrier to whom consignments were entrusted and failure on its part to obey the instructions of the complainant not to give delivery of the same and giving delivery to the buyer against these instructions and failure to rebook the consignments for being delivered to the complainant at Bhiwandi. 3. Undisputed facts are that the complainant has a business of Textile goods. He used to get dispatched the goods/consignments utilizing the services of the transporters at a particular destination. In the meantime, he used to find buyer through his broker and after selling of the goods, he used to endorse Consignment No...
Mayur Plaza Co-op Housing Society Ltd. and Another Vs. Akbarali Alimoh ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jun-19-2012
Honble Mr. S.R. Khanzode, Presiding Judicial Member These two cross appeals are disposed of by this common order. In the order complainant Mayur Plaza Co-op. Hsg. Society, which is appellant in A/10/823 and respondent in sister appeal bearing no.A/10/977 is herein after referred as complainant while the opponent -Porbunderwala Enterprises through its Proprietor Mr.Akbarali Ali Mohd. Porbunderwala -appellant in Appeal no.A/10/977 and respondent in A/10/823 is herein after referred as the opponent. It is the contention of the complainant that there are 49 members in their housing society. The building was constructed by the opponent as per his development activity and he is a builder thereof. Occupancy certificate of the building was received on 23/07/1999 and, thereafter, in that year itself the flat purchasers were put in possession of their respective flats. The society i.e. complainant was registered on 05/11/2001. It is the contention of the complainant that the entrance gate of the...
Pratima Clearing Agency Vs. Commissioner of Customs (General)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-18-2012
Ashok Jindal: The appellant, which is a CHA, has filed this appeal against the impugned order wherein their CHA Licence No. 11/1310 has been revoked vide order dated 09/08/2011 by the Commissioner of Customs (General), Mumbai. 2. The brief facts of the case are that intelligence was gathered by DRI that M/s. Samarth Corporation and M/s. SDC Syndicate are lending their IEC code for importation of toiletries by under-valuation done by the importers. As the appellant has dealt with the clearance of the above goods, therefore, their CHA licence was suspended vide order dated 08/12/2008. The CHA licence was issued by the Commissioner of Customs, Pune. 3. Thereafter, proceedings were initiated under Regulation 22 of the CHALR, 2004 and enquiry officer was appointed. The appellant participated in the enquiry proceedings wherein charges under Regulation 13(a), 13(d) and 13(e) were leveled against the appellant. As per the report of the enquiry officer, it was held that charges under Regu...
Pundole Shahrukh and Co. Vs. Commissioner of Customs (Gen), Mumbai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-18-2012
P.R. Chandrasekharan, Member (Technical) This appeal is directed against the order-in-original No.52/CAC/CC(G)/SLM/2011 dated 28-7-2011 passed by the Commissioner of Customs (General), New Custom House, Mumbai, revoking the CHA licence No. 11/266 of the appellant, M/s Pandole Shahrukh andCo. (CHA in short). 2. The facts relevant for consideration in this case are as follows: 2.1 The Directorate of Revenue Intelligence investigated a case of fraudulent exports of copper and brass ingots by M/s Aditya Recycling P. Ltd. and M/s Khaitan Textile Mills Ltd., both 100% Export Oriented Units, by mis-declaration of the weight of the ingots sought to be exported for fulfillment of export obligation. The investigation revealed that M/s Aditya Recycling P. Ltd. had, in the case of 10 export consignments, declared the weight of copper ingots exported as 249.515 MT having a FOB value of Rs.2,70,21,151/- whereas the goods actually exported were 24.211 MT having an FOB value of Rs.26,19,458/- . The ba...
Digambar S/O Ambadas Samangaonkar (Died) Lrs.: and Others Vs. Gayabai ...
Court: Mumbai Aurangabad
Decided on: Jun-18-2012
Oral Judgment: This writ petition takes exception to the judgment and order dated 27th June, 1983 passed by the Maharashtra Revenue Tribunal, Aurangabad in Case No. 6/D/76 Aurangabad. 2. The facts of the case are stated in the impugned judgment and therefore, those facts are not repeated herein. 3. The restoration petition filed by the petitioners herein for restoration of the Review Petition No. 1C75-Aurangabad came to be dismissed by the impugned order in this petition. 4. The learned Counsel appearing for the petitioners submits that, Advocate engaged by the petitioner was prosecuting some civil matter before the Civil Court and as a result, on the date on which the said review petition was fixed for hearing, Advocate could not remain present. It is submitted that, the Maharashtra Revenue Tribunal has rejected the restoration petition on the ground that, the petitioner has not filed any affidavit before the M.R.T. stating therein that, on the particular date when the review petition...
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