Mumbai Court September 2012 Judgments
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State of Goa, Through the Land Acquisition Officer Pwd (Cell) and Anot ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment: This common judgment shall dispose all the above four appeals which arise out of the common judgment and award, dated 29/8/2002, passed by the learned Additional District Judge, South Goa (Reference Court, for short) in Land Acquisition Cases No. 228/1993, 229/1993, 230/1993 and 231/1993. 2. The applicants as well as the respondents are the same in all the said four cases. The parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said land acquisition cases. 3. Vide notification published under Section 4(1) of the Land Acquisition Act, 1894 (L. A. Act, for short), in the Official Gazette dated 27/8/1987, land was acquired for improvement and black topping of Gorvotte road in V. P. Nuvem of Salcete Taluka. This included an area of 460 square metres of land from survey no. 66/1 of Nuvem village. The Land Acquisition Officer (L.A.O., for short) offered compensation at the rate of Rs. 5/- per square metre to the acquired land. ...
M/S. Gulraj Engineering Construction Co. Vs. Hotel Corporation of Indi ...
Court: Mumbai
Decided on: Sep-07-2012
The Petitioners, Original Claimants, have challenged award dated 14 January 2009, passed by the Sole Arbitrator, appointed in view of the contract agreement dated 28 April 2000 and 22 October 2001, for the works of renovation of 60 Guest Rooms together with connected shafts and corridors at Centaur Hotel, Mumbai Airport, Mumbai and also renovation of additional 60 Guest Rooms together with connected Shafts and corridors at Centaur Hotel, Mumbai Airport, Mumbai. 2 The summary of award is as under:-Claim No.DetailsAmountClaimed by Claimant in Rs.AmountAwarded to Claimant in Rs.Remarks1Interest for Delayed Payments Ph-I9,52,403.881,70,916.00Compensation for delayed payment for the period between schedule date of payment (15.09.01) and actualdate of payment (10.06.02) @ 10% of final amount payable.2Escalation-Ph:15,08,711.00NilThe contract does not contain specific escalation clause and formula.3Silicon Sealant-Ph-I45,232.0045,322.00The seepage was due to design of windows in Phase-I. The ...
Sanchit Software and Solutions Pvt. Ltd. Vs. Commissioner of Income Ta ...
Court: Mumbai
Decided on: Sep-07-2012
M.S. Sanklecha, J. By this petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 07.02.2011 passed by the Commissioner of Income Tax under Section 264 of the Income Tax Act, 1961 ('the Act') dismissing the petitioner's revision application. The challenge is to the failure of the Commissioner of Income Tax to exercise jurisdiction vested in her under Section 264 of the Act. 2. Brief facts leading to this petition are as under: a) The Petitioner is a Private Limited Company. On 25.10.2007, the Petitioner electronically filed its return of income for the assessment year 2007-2008. In its return of income, the petitioner declared a total income of Rs.7,91,565/-. This total income of Rs.7,91,565/- inter alia consisted of dividend income of Rs.1,10,651/- and long term capital gains of Rs.6,80,914/- on sale of shares. Both the aforesaid sources of income namely dividend income and long term capital gains were not to be included in the total income ...
Thane Municipal Corporation and Others Vs. Municipal Labour Union
Court: Mumbai
Decided on: Sep-07-2012
Oral Judgment: The Petitioners have challenged impugned order dated 4 November 2011, passed by the Industrial Court, Thane. The case of the Petitioners is as under:- 2 The Respondent is one of the unions of employees of Petitioner No.1 corporation. The Respondent is not recognized union. To ensure compliance with Municipal Solid Wastes (Management and Handling) Rules, 2000 (for short, MSW Rules, 2000) requiring scientific collection and disposal of waste generated in the city of Thane, Petitioner No.1 issued advertisement dated 7 May 2005 calling quotations from contractors for the work. The Respondent, being aggrieved filed Complaint (ULP) No. 211 of 2005 in the Industrial Court, Maharashtra at Thane. It was inter-alia alleged that the said public notice dated 7 May 2005 was in breach of agreement dated 23 June 2004 between the Corporation, Employees' union and the State Government. It was also alleged that the work of garbage collection and disposal could not be given on contract. 3 ...
Malad Kokil Co-operative Housing Society Ltd. and Another Vs. the Mode ...
Court: Mumbai
Decided on: Sep-07-2012
Suit No. 1005/2011 has been filed by the plaintiff Society for a decree directing the defendants 1 and 2 or any other person found to be the owner of the property to convey the suit property admeasuring about 10,208.40 sq. meters and for declaration that the concessions/relaxations granted by the defendant no.7 on the Approval Report dated 5th December, 2009 are bad in law, malicious etc. The plaintiffs have also prayed for cancelling the said approval report. The plaintiffs have also prayed for declaration that commencement certificate dated 13th October, 2010 is null and void. The plaintiffs have also prayed for an injunction restraining the defendants from making any construction in furtherance to the commencement certificate dated 13th October, 2010 alongwith the other ancillary reliefs. The plaintiffs have also taken out a notice of motion for grant of certain interim-reliefs during the pendency of the suit. The plaintiffs had also moved the Court for grant of ad-interim orders. T...
Jeremias Serafino Basilio Rodrigues Vs. M/S. P.V. Builders, Through It ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment : Heard Shri J. Godinho, learned Counsel appearing for the petitioner and Ms. Susan Linhares, learned Counsel appearing for the respondent. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives service. 3. The above petition challenges an order passed by the learned Civil Judge, Junior Division at Mapusa dated 12/06/2012 whereby an application under order 6 Rule 17 of the Civil Procedure Code for amendment of the plaint came to be rejected. 4. Briefly, the facts of the case are that the petitioner filed the suit against the respondent inter alia raising the dispute with regard to the legality of the construction put up by the respondent in the property surveyed under no. 59/11 of Arpora Nagoa, Bardez Taluka. On the basis of such allegations the petitioner sought for a permanent injunction to restrain the respondent from carrying out any such construction and for mandatory injunction to demolish such construct...
Rangnath S/O. Shripati Tate Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-07-2012
1. Heard Adv. Mr. A.S. Deshmukh, for the appellant, and learned APP Mr. N.B. Patil, for the respondent. 2. The challenge in this appeal is to the judgment and order dated 10-11-2011, rendered by the learned Sessions Judge, Parbhani, in Sessions Trial No. 113/2011, thereby convicting the appellant (original accused) [hereinafter referred as per his original status i.e. 'accused'] for the offence punishable under Section 304 Part II of Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years, and to pay fine of Rs. 3,000/-, in default of payment of fine, to undergo further simple imprisonment for six months. In fact, accused was charged for the offence punishable under Section 302 of IPC but was acquitted thereunder and came to be convicted and sentenced for the offence punishable under Section 304 Part-II of IPC, as aforesaid. 3. The brief facts which gave rise to the present appeal are as follows:- (a) The incident, in question, occurred on 2-3-2011 at about...
State of Maharashtra Vs. Sou. Vaijayanti Vasant Ghadi and Others
Court: Mumbai
Decided on: Sep-07-2012
Oral Judgment: The State-Appellant has challenged the Judgment and Order of acquittal dated 11th December, 1996 passed by Ld. JMFC, Sawantwadi in Summary Case No.400 of 1995 acquitting the original accused-respondents from the accusation of commission of offence under Sections 353, 506 r/w 34 of Indian Penal Code. 2. Such of the facts necessary for disposal of the present appeal are as under :- 2.1. PW.4 Vilas Chandrakant Tembulkar working as a police constable at Sawantwadi Police Station on 16th October, 1995 has lodged the report (Exhibit-31) that as per order dated 9th October, 1995 received from Civil Court, Junior Division, Sawantwadi, on 16th October, 1995 himself and lady police constable PW-3, Jayashree Dattatraya Sasane were posted for bandobast duty for cropping of the crops in the fields of PW.5, Anant Mahadeo Ghadi at Village Kolgaon, Dongarwadi. Accordingly they have reported ASI Shri Kasal at about 8.45 a.m. on 16th October, 1995 and reached Kolgaon, Dongarwadi by 10.00 ...
Antonio Sebastiao Gandalupe Da Costa, (Since Deceased) Through His Leg ...
Court: Mumbai Goa
Decided on: Sep-07-2012
This is plaintiffs' Second Appeal. 2. The plaintiffs had filed Special Civil Suit No. 22/78/I for a declaration that they are entitled to ownership and possession of right to one half of the five properties identified in the plaint with the right to enjoy one half of its produce from the said properties, the same right being acquired by them by way of succession and prescription. The plaintiffs further prayed for permanent injunction to restrain the defendants from obstructing the plaintiffs, their families and servants from entering and staying in the suit house no. 12970 and from collecting their share in the income of the properties identified in the plaint. The plaintiffs lastly prayed for mandatory injunction directing the defendants who are in charge of the said agricultural properties to deliver to the plaintiff annually half of the produce in kind or money valued at Rs. 200/- since 15/06/1976 onwards. 3. Case of the plaintiffs was as follows: The plaintiff no.1 and Benedito Fra...
Shaikh Aziza Parveen W/O Shaikh Hafeez and Another Vs. Mohd. Qusro S/O ...
Court: Mumbai Aurangabad
Decided on: Sep-07-2012
1 This civil revision application is challenging the order dated 28th May, 2012 passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad allowing the Respondents application for temporary injunction in Wakf Suit No.54 of 2011. 2 It is common ground that property bearing City Survey No. 2543 at Aurangabad is a Wakf property. City Survey map is produced on record at Page No.65, which shows its position. It is a rectangular plot of land on which there are two structures. One structure standing on South-East part is utilized as Ashurkhana and the other structure of North side is used for residence in which the Petitioners / Defendant Nos.1 and 2 or their family members reside. It is also an admitted fact that this house property situated on the suit plot of land, is in residential use of the Petitioners / Defendant Nos.1 and 2 and their family members for quite some time. There is an open space on the suit plot, which is lying on the Western side of Ashurkhana. 3 The Responde...
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