Mumbai Court July 2012 Judgments
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itm Trust and Others Vs. Educate India Society
Court: Mumbai
Decided on: Jul-20-2012
1. The plaintiff No.1, which is a registered public trust engaged in educational activities and plaintiff Nos.2 and 3 who are the trustees of plaintiff No.1 Trust, have filed the present suit for infringement of their trademark, namely, Institute of Technology and Management and ITM. The plaintiffs have prayed for perpetual injunction against the defendants from using the impugned marks ITM and Institute of Technology and Management and/or ITM University. The plaintiffs have along with the suit filed notice of motion praying for order of injunction restraining the defendants from using the aforesaid marks. 2. It is the case of the plaintiffs that plaintiff No.1 was registered with the Charity Commissioner on 8th October 1993. It is their further case that after registration the plaintiffs have established various educational institutions in association with Southern New Hampshire College. It is their case that the plaintiffs, since last two decades, are conducting various education cou...
Deepak S/O Toshwantrao Raghorte Vs. Smt. Priyanka W/O Deepak Raghorte
Court: Mumbai Nagpur
Decided on: Jul-20-2012
Oral Judgment: (A.B. Chaudhari, J.) First Appeal No.473/11 has been filed by the husband being aggrieved by the common judgment and decree dated 6.4.2011 in his petition No.A-442/08 for grant of divorce. First Appeal No.474/11 has been filed by the husband against the said common judgment dated 6.4.2011 rendered in petition No.A-584/08 allowing the petition for restitution of conjugal rights filed by the wife. 2. FACTS : The appellant/husband and the respondent/ wife were married on 3.2.2007 at Nagpur. The appellant/husband is B.E. (Electrical) and is serving as Junior Engineer in M.S.E.B. Respondent/wife is B.Sc. According to respondent, it was misrepresented to him that the respondent was M.Sc. (Chemistry) but there was no supporting certificate shown to him at any point of time and thus according to him he was cheated. After marriage they went to Simla for honeymoon and he found that she was immature, suffering from unsoundness of mind and had no menstruation after marriage and star...
Shri Shaikh Abdul Razak and Others Vs. Shri Shaikh Kassam and Others
Court: Mumbai Goa
Decided on: Jul-20-2012
U.V. Bakre, J. The above Second Appeal No. 2/1998 arises out of Judgment and Decree dated 06/10/1997 passed by the learned Additional District Judge, Mapusa (first Appellate Court, for short) in Regular Civil Appeal No. 40 of 1993, which was filed by defendants no. 1, 2 and 3 of Regular Civil Suit No. 65 of 1990 against the judgment and decree dated 31/03/1993 passed by the learned Civil Judge, Junior Division, Sattari at Valpoi (trial Court, for short), in the said suit. 2. The above First Appeal No. 11/2003 has been filed against the Judgment and Award dated 17/09/2002 passed by the learned Additional District Judge, Mapusa(reference Court, for short), in Land Acquisition Case No. 98 of 1989. 3. The subject matter of the Second Appeal No.2/98 is 1/3rd share of Shaikh Aziz Shaikh Hassan, in the property known as Moxichem Mol, bearing survey nos. 14/1, 14/2 and 24/1 of village Nanus in Sattari Taluka. The subject matter of the First Appeal No. 11/03 is land admeasuring 30,135 square me...
Nehalkumar Hasmukharai Gandhi Propreitor of Shakti Chemicals Vs. the D ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jul-20-2012
Dhanraj Khamatkar, Member [1] Mr. Nehalkumar Hasmukhrai Gandhi has filed this consumer complaint in the capacity of proprietor of Shakti Chemicals (hereinafter referred to as the Complainant for the sake of brevity) under the Consumer Protection Act, 1986 against the Divisional Manager, New India Assurance Company Ltd., (hereinafter referred to as the Opponent for the sake of brevity) alleging deficiency in service and unfair trade practice. [2] Facts leading to this complaint can be summarized as under:- The Complainant had availed a standard fire and special perils insurance policy bearing No.111400/11/05/00000195 which was effective during the period 14/5/2005 to 13/5/2006. Insurance policy was in respect of goods stored in eight godowns, all situated at Bhivandi. On 6/2/2006, there was a fire in Godown No.5 and it spread to the adjacent godowns. Immediately, the Complainant informed the fire-brigade and the police authorities. It is contended that at the time of fire, goods aroun...
Shri Babu Alias Gopal Dharma Pednekar (Since Deceased) Through Legal H ...
Court: Mumbai Goa
Decided on: Jul-19-2012
Oral Judgment: Heard Shri A.R. Kantak, the learned Counsel appearing for the petitioners and Shri Sudin M.S. Usgaonkar, the learned Counsel appearing for the respondent no.1. 2. Rule. Heard forthwith with the consent of the learned Counsel. The learned Counsel appearing for the respondent no.1 waives service. 3. The above petition challenges an order passed by the learned Civil Judge Junior Division at Pernem dated 3/05/2011 whereby an application filed by the petitioners for leave to produce a Deed of Partition dated 7/06/1950 came to be dismissed. 4. The brief facts of the case are that the respondents filed the suit on the ground that the petitioners have trespassed into their property surveyed under no.119/5 and 116/33 of Morjim Village. The prayer sought by the respondents is for a permanent injunction restraining the petitioners form inter alia interfering with the suit property. 5. The petitioners filed their written statement disputing the contentions in the plaint and inter al...
Ashok Suryabhan Kale and Another Vs. the State
Court: Mumbai Aurangabad
Decided on: Jul-19-2012
1. The appeal is filed against the judgment and order of Sessions Case No. 2/1993 which was pending in the Court of Additional Sessions Judge, Aurangabad. Both the appellants are convicted for offences punishable under sections 411 and 412 of the Indian Penal Code. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal, can be stated as follows:- The incident of dacoity took place in the farm house of one Ganga Teli and the farm house is situated in village Dhamori. The incident took place on night between 2.11.1991 and 3.11.1991. Shobhabai was sleeping in this house along with her daughter and mother, at the relevant time. Assault was made by the dacoits on all the members of family and the dacoits took away the ornaments from the persons of lady members. The crime at C.R. No. 100/1991 came to be registered in respect of this incident for offences under sections 395 and 457 of I.P.C. in Sillegaon Police Station. 3. P.S.I. Gaikwad made initial investi...
Godrej Consumer Products Limited Vs. Initiative Media Advertising and ...
Court: Mumbai
Decided on: Jul-19-2012
The plaintiffs have filed present suit for injuncting the defendants from telecasting or broadcasting or communicating to the public or publishing in any manner the impugned advertisements or any part thereof or any other advertisement of a similar nature. The plaintiffs have also filed notice of motion for temporary order of injunction in the aforesaid terms during the pendency of the suit. The plaintiffs have also moved for ad-interim orders. 2. The plaintiff is a public limited company incorporated under the provisions of the Companies Act 1966 and carries on business of manufacturing and selling of consumer products including mosquito repellents. The plaintiffs claim to be a market leaders in the field of mosquito repellent in India. The defendant No.2 is also a public limited company incorporated under the Companies Act and carries on business of selling mosquito repellents and is competitor of the plaintiffs in the field of mosquito repellents. The plaintiffs are manufacturing mo...
Bhaskar Zumbar Kale and Others Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jul-19-2012
1. The appeal is filed against judgment and order of Sessions Case No. 164/1999, which was pending in the Court of Additional Sessions Judge, Osmanabad. The Trial Court has convicted the appellants for offences punishable under sections 457, 394 of Indian Penal Code. Both the sides are heard. 2. The facts leading to the institution of the appeal can be stated as follows:- The complainant was living with her husband in a shed situated in village Savargaon, Tahsil Kallam, District Osmanabad. The incident took place on the night between 23rd and 24th of August 1999. Some persons knocked the doors of the house of the complainant Jaishree at about 3.00 a.m. As they were giving threats and they were using force, the door of the shed was opened. Four persons, who had covered their faces by using pieces of clothes or blanket/rugs entered the shed and they robbed gold ornaments and cash amount of the family of the complainant. Force was used by these persons to create terror. Ornaments like Bor...
Padmashree Dr. D.Y.Patil Medical College, Navi Mumbai Vs. Union of Ind ...
Court: Mumbai
Decided on: Jul-19-2012
(PER DR.D.Y.CHANDRACHUD, J.) 1. The Petitioner has challenged a decision of the Board of Governors of the Medical Council of India, rejecting an application seeking an increase in the seats for the M.B.B.S. degree course from 150 to 250 for Academic Year 201213. The Petitioner has been conferred with the status of a deemed University. On 23 November 2010, the Petitioner filed an application seeking an increase in the intake capacity from 150 to 250 for Academic Year 201112. The application was rejected by the Board of Governors of the Medical Council of India on the ground that the Petitioner had failed to enclose the Essentiality Certificate and affiliation with the application. 2. On 29 March 2011, the Petitioner received an Essentiality Certificate from the Government of Maharashtra recording that: (i) The institute has 1250 teaching beds; (ii) The average OPD strength per day is 1878; and that (iii) In case the applicant failed to create infrastructure for the course as per MCI nor...
Nusli Neville Wadia Vs. Ferani Hotels Private Limited and Others
Court: Mumbai
Decided on: Jul-19-2012
Oral Judgment: (Dr. D.Y. Chandrachud, J.) These Appeals arise from a judgment dated 19 July 2010 of a Learned Single Judge on a Motion for interim relief in a suit. When an application for ad interim relief came up for hearing before the Learned Single Judge, an objection to the maintainability of the suit was raised on behalf of the First Defendant on the ground that the claim was barred by limitation. The Learned Single Judge was requested to raise a preliminary issue under Section 9A of the Code of Civil Procedure, 1908. The Learned Judge accepted the contention that an issue under Section 9A would have to be raised. The Court held that no case for the grant of ad interim relief, within the meaning of Section 9A(2) was made out on the ground of delay. However, the Learned Single Judge proceeded to dispose of the Motion for interim relief on the ground that since affidavits have been filed and parties were heard at length, it would not be appropriate or proper to have a hearing conf...
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