Mumbai Court July 2012 Judgments
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M/S. Garlick Engineering , (an Enterprise of and Owned by Empire Indus ...
Court: Mumbai
Decided on: Jul-31-2012
Oral Judgment: (A.S. Oka, J.) The question which arises in this Petition is as under:- What is the rate of ad-valorem duty of central excise leviable and payable on cranes which were covered under the Heading No.84.26, Sub-heading No.8426 of Chapter 84 of the Central Excise Tariff Act, 1985? 2. The Petitioner is claiming to be the manufacturer of cranes which were covered under the Tariff Item No.68 of the First Schedule to the Central Excise and Salt Act, 1944 ( hereinafter referred to as the said Act). According to the Petitioner, the appropriate rate of duty of central excise leviable on the aforesaid item of cranes was fixed at 12% ad-valorem. In the year 1985, a Bill was introduced in the Parliament with a view to rationalise and simplify the classification of excise on goods. The Bill was introduced under the name of the Central Excise Tariff Act, 1985 ( hereinafter referred to as the said Act of 1985). Under the said Bill, the cranes were shown as falling under Chapter 84, Headi...
State of Maharashtra Vs. Natthu S/O. Laxman Thutarkar and Another
Court: Mumbai Nagpur
Decided on: Jul-31-2012
Oral Judgment: This appeal is directed against the judgment and order dt.4.5.1999 passed by the learned 2nd Additional Sessions Judge, Wardha in Sessions Trial No.133 of 1994 whereby the respondents/accused were acquitted of the offences punishable under Sections 498-A and 306 of the Indian Penal Code. 2. Heard the submissions at the bar. 3. The facts, briefly stated, are as under : That the respondents/accused are real brothers while deceased Leelabai was wife of accused Natthu. They were married to each other prior to 19 years from the date of occurrence of the incident. Accused Maroti and Natthu were residing together. It is the case of the prosecution that deceased Leelabai was a vegetable vendor and the respondents/accused used to demand money from her as they were addicted to liquor. It is the case of prosecution that it became unbearable for the deceased to live happy married life. In the result, on 14.2.1994, at about 7.15 p.m., she poured kerosene on her body and set herself o...
Sanjay Gupta and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-31-2012
Oral Judgment: The applicant no.1 is by profession a Film Director and Producer. The applicant no.2 is a company incorporated under the Companies Act, 1956, doing the business of film production. They are named as the accused in C.R.No.47 of 2012 which is in respect of offences punishable under Sections 417, 419, 465, 468, 469, 471, 473, 474, 475 of the Indian Penal Code (IPC) read with 34 thereof, as also the offence punishable under Section 66(d) of the Information Technology Act, 2008. By this application under Section 482 of the Code of Criminal Procedure (Cr.P.C.), they are invoking the inherent powers of this court, praying that the First Information Report (FIR) and the investigation carried out on that basis, be quashed. 2. The First Information Report (FIR) has been lodged by one Vishal Jadhav, Sub Inspector of Police attached to Versova Police Station, at the material time. The substance of the FIR is that while the first informant was on duty at Versova Police Station, he re...
ian D'Costa, VSM, IA (Retd), B.A. MSc. MBA, Retd. and Others Vs. State ...
Court: Mumbai Goa
Decided on: Jul-31-2012
Oral Judgment: (A.P. Lavande, J.) Heard Mr. Menezes for the petitioners, Mr. A. N. S. Nadkarni, learned Advocate General appearing for respondents No. 1, 2, 3, 4, 5, 12 and 13, Mr. Amonkar, learned Central Government Standing Counsel appearing for respondents No. 6, 7, 8 and 9 and Mr. Y. V. Nadkarni for respondent No.10. 2. This petition, by way of public interest litigation, has been filed by the petitioners making grievance regarding deposition of filing residues and tar balls on the beaches of Goa. It is the case of the petitioners that most of the beaches in the State of Goa are polluted by oil and no material machinery is operating for removal of the tar balls and oil residues. By the present petition, the petitioners pray that the respondents be directed to take appropriate measures thereof. 3. From time to time, this Court has passed several orders. Respondent No.6 Union of India, sought a report from National Environmental Engineering Research Institute (NEERI), Nagpur. A copy ...
Mrs. Hemlatha Varadan and Others Vs. Municipal Corporation of Greater ...
Court: Mumbai
Decided on: Jul-30-2012
PC: 1. These proceedings under Article 226 of the Constitution of India have been filed by 22 Teachers who attained the age of superannuation after having worked in private aided schools. The reliefs that have been sought are : (i) to direct the Respondents to refund the amounts illegally recovered from their retiral dues together with interest; (ii) to compute the retiral dues of the Petitioners on the basis that they were trained teachers and not untrained teachers; and (iii) a direction that the action of the Respondents in purporting to refix the salary of the Petitioners after their retirement from the service, on the basis that they were untrained teachers, is unlawful. Exhibit-A to the petition is a chart which contains the qualifications and length of service rendered by each one of the 22 Petitioners. Each of the teachers have lengths of service ranging between 23 years and 36 years. 2. In the affidavit filed on behalf of the Municipal Corporation by the Deputy Education Offic...
M/S. Kansan Communications Pvt. Ltd. Vs. Mahanagar Telephone Nigam Ltd ...
Court: Mumbai
Decided on: Jul-30-2012
The Petitioner has challenged an award dated 3 September 2008, signed and validated on 18 September 2008, passed by the Sole learned Arbitrator, thereby while rejecting the claim of the Petitioner stating it beyond the scope and barred by Section 15 of the Telecom Regulatory Authority of India Act, 1997 (for short, “TRAI Act, 1997”), as it falls within the jurisdiction of Telecom Regulatory Authority of India to the Appellate Tribunal (for short, “TRAIAT”), but at the same stroke, granted the counter-claim of the Respondents, as prayed in terms of clauses (b) (d) and (e), and awarded interest at the rate of 12% p.a. thereon. 2 The learned Arbitrator has recorded the basic facts which are as under:- “The present dispute has been referred to Arbitration by the Hon'ble Supreme Court of India vide order dated 28th February, 2005 in SLP Nos. 13305 of 2003 and 16521 of 2003 filed by MTNL. Messrs Kansan Communications Private Limited, the Claimants herein, have c...
State of Maharashtra Through Dy.Supdt. of Police Vs. Balchandra Ramdas ...
Court: Mumbai Nagpur
Decided on: Jul-30-2012
Oral Judgment: This Appeal is directed against the Judgment and Order dated 24th April, 2000 passed by learned Special Judge/Additional Sessions Judge, Buldhana in Special Case No. 4 of 1988, whereby the respondent-accused was acquitted of offence punishable under Section 161 of the Indian Penal Code and under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1948. 2. Heard submissions at the bar. 3. In brief, the prosecution case is as under: On 01/12/1980, complainant Madhukar Janardan Misal had lodged complaint (Exh.42) with the Anti Corruption Bureau, Buldhana alleging that while he was driving tractor No. MTR 5870 with trolley No. MHV 9370 towards Buldhana, he was accosted between Maroda and Sundarkhed by R.T.O. Officer, Buldhana. There was one driver and two officers sitting in the rear side of R.T.O. Vehicle. One amongst them was Shri. Jain (respondent-accused). The accused demanded documents of tractor, driving license of the complainant and also questioned as...
Yashwant S/O. Sambhaji Dadmal Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-30-2012
1. This Appeal is directed against the Judgment and Order dated 14/08/2007 passed by the learned Special Judge, Chandrapur in Special Case No.6 of 1999 whereby the original accused no.1 was convicted of the offence punishable under Section 7 of the Prevention of Corruption Act (hereinafter referred to as “the Act”) and was sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.300/- and in default to suffer rigorous imprisonment for three months. For the offence punishable under Section 13(1)(d) read with Section 13(2) of the said Act, the original accused no.1 was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.300/- and in default to suffer further rigorous imprisonment for three months. Accused no.2 was acquitted of all the offences with which he was charged. 2. Heard the submissions at the bar. 3. The facts, in the nutshell, are as under: On 01/09/1998, Complainant Subhash Yelpull...
Mrs. Hemlatha Varadan and Others Vs. Municipal Corporation of Greater ...
Court: Mumbai
Decided on: Jul-30-2012
PC: 1. These proceedings under Article 226 of the Constitution of India have been filed by 22 Teachers who attained the age of superannuation after having worked in private aided schools. The reliefs that have been sought are : (i) to direct the Respondents to refund the amounts illegally recovered from their retiral dues together with interest; (ii) to compute the retiral dues of the Petitioners on the basis that they were trained teachers and not untrained teachers; and (iii) a direction that the action of the Respondents in purporting to refix the salary of the Petitioners after their retirement from the service, on the basis that they were untrained teachers, is unlawful. Exhibit-A to the petition is a chart which contains the qualifications and length of service rendered by each one of the 22 Petitioners. Each of the teachers have lengths of service ranging between 23 years and 36 years. 2. In the affidavit filed on behalf of the Municipal Corporation by the Deputy Education Offic...
Chairman, Pouravi Shikshan Prasarak Mandal and Another Vs. Union of In ...
Court: Mumbai
Decided on: Jul-30-2012
Oral Judgment: (R.D. Dhanuka, J.) Rule; with the consent of counsel for the parties made returnable forthwith. With the consent of counsel and at their request, the petition is taken up for hearing and final disposal. 2. This petition filed under Article 226 of the Constitution of India seeks a writ in the nature of certiorari for quashing the order dated 22 December 2011 passed by the Advisor (Approval) on behalf of the All India Council for Technical Education (AICTE) withdrawing the approval initially granted to the petitioners to run a Management College and seeks a writ in the nature of mandamus for a direction to the Chairman of AICTE to continue the approval granted to the first petitioner to run the second petitioner Management College. Pursuant to applications invited by the AICTE for grant of approval for starting new technical institutions within the jurisdiction of Solapur University, the first petitioner submitted an application for grant of approval of a new Management Co...
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