Mumbai Court September 2012 Judgments
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imc Limited (Erstwhile United Storage and Tank ) Terminals Ltd. Vs. In ...
Court: Mumbai
Decided on: Sep-24-2012
Oral Judgment: By this Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short The Arbitration Act, 1996), the Petitioner (Original Claimant) seeks modification of the Award dated 23rd February, 2011 to the extent that the interest as claimed by the Petitioner is not awarded by the Arbitral Tribunal. 2. There is no dispute that there was an Arbitration Agreement between the parties and the matter was referred to the Arbitral Tribunal. By an Award dated 23rd February, 2011 passed by the Arbitral Tribunal, certain claims made by the Petitioners are granted. The dispute raised in the present petition is in respect of the reliefs considered by the Arbitral Tribunal in paragraphs (42) to (44) of the impugned award. The Learned Counsel appearing for both the parties have informed that the Respondents had filed a petition (619 of 2011) challenging the same award allowing certain claims in favour of the Petitioner. By an Order dated 5th August, 2011 passed by this Co...
Mohd. Laik S/O. Hafiz Ansari Vs. Sub Divisional Magistrate, Saoner and ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: Heard. 2. ADMIT. 3. Heard finally by consent of both the parties. 4. Perused the impugned order. It was brought to the notice of the learned Additional Public Prosecutor Mr. Doifode that the impugned order on the face of it appears to be based on wrong facts. The Externing Authority has stated that there were three cases against the applicant under the Arms Act. In fact, the list of cases shows that there was only one case under the Arms Act. It is stated in the order that there was one case of robbery against the applicant. The table of cases does not show that there was any case of robbery against the applicant. The applicant was accused of an offence of murder in Sessions Case No.157 of 2011. The said session case has been decided by the learned Additional Sessions Judge-15, Nagpur on 27th July, 2012. The applicant has been acquitted of all the charges framed against him. The certified true copy tendered by learned counsel Mr. Tiwari, across the bar, be taken on recor...
State of Maharashtra Vs. Somdas Pandurang Wanjari and Others
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: Heard the learned Additional Public Prosecutor for the State-appellant. None present for the respondents/acquitted accused persons. Though it is such a situation as to absence of the respondents and their Advocate, the present appeal is taken up for final hearing, as it was prolonged since the year 2001 and nearly 11 years have elapsed when the question before bench is whether the impugned judgment and order of acquittal is required to be interfered with. 2. Initially, all the 11 accused, who are the Manager, President and officer bearers of M/s. Hanuman Dugdh Utpadak Sahkari Sanstha, Dhargaon, were charged for various offences punishable under Sections 7(i) read with Section 2(ia)(a) punishable under Section 16(1)(a)(ii), Section 7(i) read with Section 2(ia)(a) punishable under Section 16(1)(a)(i) and Section 7(v) read with Rule 50 punishable under Section 16(1)(a)(ii) read with Section 17 of the Prevention of Food Adulteration Act, 1954 (as amended) and Prevention of F...
New India Assurance Company Ltd. Vs. Mohan Daji Satav
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Sep-24-2012
Narendra Kawde, Member: (1) This appeal takes an exception to an order dated 10.03.2004 in Consumer Complaint No.30/2003, (Shri Mohan Daji Satav V/s. New India Assurance Company Ltd.), passed by the District Consumer Disputes Redressal Forum, Ratnagiri. The District Forum while allowing the consumer complaint filed by the present Respondent/original Complainant directed the Appellant/original Opponent to pay interest on an amount of Rs.1,11,750/- @ 9% per annum for the period 1st June, 2002 to 21st January, 2003 and further directed to pay an amount of Rs.1,05,000/- together with interest @ 9% per annum w.e.f. 1st June, 2003. the District Forum further awarded compensation of Rs.5,000/- for mental agony and Rs.2,000/- as cost of litigation. Feeling aggrieved and dissatisfied with the impugned order passed by the District Forum, the Appellant New India Assurance Co. Ltd. (Opponent Insurance Company) has filed this appeal on the ground that the amount of Rs.1,20,000/- was paid as full a...
The New India Assurance Co. Ltd. Vs. Prabhakar S/O Mahadeo Rakhunde an ...
Court: Mumbai Nagpur
Decided on: Sep-24-2012
Oral Judgment: 1. This appeal is directed against the judgment and award dated 08.10.2009 passed by Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No. 102/2004 whereby the tribunal awarded compensation of Rs.3,00,000/- on account of death of one Pravin caused in motor vehicular accident occurred on 28.12.2003 involving a taxi bearing No. MH-34/D-2296 and private bus bearing registration No.MH-31/M-4500. 2. Mr. Joshi, learned counsel for the appellant, is fair enough to raise only two points for consideration. Firstly, he contended that the learned tribunal ought to have deducted 50% of the income of the deceased towards his personal and living expenses. Secondly, he raised the issue of choice of proper multiplier. According to him, the multiplier ought to have been chosen having regard to the age of the claimants rather than the age of deceased. In the instant case, the tribunal has chosen multiplier of 18 considering the age of the deceased, who was 22 years when he died. 3. The l...
Radha Amrut Patil Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-24-2012
The appeal is filed against judgment and order of Sessions Case No.142/2010, which was pending in the Court of Additional Sessions Judge, Aurangabad. The appellant is convicted and sentenced for the offence punishable under section 366-A read with 34 of I.P.C. Both the sides are heard. This Court has perused the original papers. 2. In short, the facts leading to the institution of the present proceedings, can be stated as follows:- The complainant, victim, was aged 17 years. She was educated up to 9th standard and one Sujata, daughter of appellant, was her friend. Due to Sujata, the complainant became acquainted with the appellant. Somewhere in the year 2009, at the time of Navratra Festival, the appellant had a talk with the complainant, in which the appellant informed to the complainant the benefits of the prostitution business. She told that even if the complainant was minor, it would make no difference for such business. She informed to the complainant about the procedure, the mann...
Sanjay S/O Dhananjay Pachpole Vs. the State of Maharashtra, Through Se ...
Court: Mumbai Aurangabad
Decided on: Sep-24-2012
1 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The petitioner, who is serving as a teacher with Respondent No.6 school run by Respondent No.5 Institution, is seeking writ of certiorari for quashing and setting aside order dated 09.04.2012, passed by Respondent No.4 Education Officer (Secondary), Zilla Parishad, Jalgaon. The petitioner is also seeking a direction to declare that the petitioner is senior to Respondent No.7 and for a further direction to Respondents No.1 to 6 to correct the seniority list showing placement of the petitioner at appropriate serial number. 3 The petitioner came to be appointed as an Assistant teacher in the school run by Respondent No.5-Institution on 03.07.1997. His educational qualification on the date of appointment is B.A.,B.Ed.. Whereas, Respondent No.7 has been appointed as Assistant teacher on 01.12.1997 and his educational qualification on the date of appointment is B.A., B.P.Ed. (Phy...
State Vs. Sudhakar Naik
Court: Mumbai Goa
Decided on: Sep-24-2012
Oral Judgment: Heard Mr. D. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Arun Bras De Sa, learned Advocate for respondent. 2. By this appeal, the appellant takes exception to the judgment and order dated 10.3.2010 passed by Special Judge, South Goa Margoa in Special Case no. 1/SC/ST/2009, acquitting the respondent/accused for the offence punishable under Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (the Act' for short). 3. Briefly, the prosecution case is as under:- On 24.1.2008 between 9.00 to 10.30 am in front of house of first informant PW1 Ashok Korgaonkar situated at Housing Board, Gogal, Margao, the accused intentionally insulted with intent to humiliate him being a member of scheduled caste in public view by saying the profession of mechanic was not meant for the complainant, being chamhar (shoemaker) and that he should wear a garland of chappals and shoes on his body and sit outside his residence. ...
Devid Thomas S/O Aabel and Another Vs. Divisional Controller, Maharash ...
Court: Mumbai Aurangabad
Decided on: Sep-24-2012
Oral Judgment: With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The present Appellants have filed the Claim Petitions for compensation U/s 166 of the Motor Vehicles Act [For short, 'said Act'] on account of the death of their daughter-in-law and grandson in an accident. The Motor Accident Claims Tribunal, Aurangabad [For short, 'the Tribunal'] partly allowed the claim petition, granted appellants the compensation of Rs. 50,000/- [Rupees Fifty Thousand only] under 'No fault liability ', but did not grant any compensation under any other heads. Aggrieved thereby the present Appeals are filed. 3. Mr. Kakade, learned counsel for the appellants submits that the Tribunal has not considered the fact that the appellants are the legal representatives of the deceased and as such are entitled for compensation U/s 166 of the said Act. The father-in-law and mother-in-law would be entitled to the compensation on account of the death of their daughter...
Smt. Rajrani Gupta Vs. Deputy Commissioner of Income Tax and Others
Court: Mumbai
Decided on: Sep-18-2012
M.S. Sanklecha, J. This appeal under Section 260A of the Income Tax Act, 1961 ('the Act') by the appellant-assessee challenging an order dated 25.02.1999 of the Income Tax Appellate Tribunal ('the Tribunal') relating to the assessment for the block period 01.04.1985 to 26.03.1996 was admitted on 06.12.1999. Along with this appeal, we also heard appeals by the other members of the appellants group i.e. Appeal No. 86 of 1999 by her husband Dr. Sohanlal Gupta, Appeal No. 91 of 1999 by her son Dr. Arunkumar Gupta, Appeal No. 36 of 1999 by her daughter-in-law Dr.Renu Gupta and Appeal by Sohanlal Gupta (HUF) bearing Appeal No. 37 of 1999. 2 This appeal was admitted on the following substantial questions of law for the consideration of this Court: i) Whether the Appellate Tribunal was right in law in coming to the conclusion that the gifts received by the appellant from non Resident Indians (NRI) from their Non Resident External accounts (NRE accounts) during the Assessment years 1993-94, 199...
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