Mumbai Court October 2013 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Prem Kishore Raj Vs. the Department of Home, Through Its Principal Sec ...
Court: Mumbai
Decided on: Oct-14-2013
G.S. Patel, J. 1. On 1st May 1996, Prem Kishore Raj (Raj), the Petitioner, arrived at the Sir Seewosagar Ramgoolam International Airport in the Republic of Mauritius on a flight from India. Twenty-one years old at the time, Raj was a young film actor and, he claims, had travelled to Mauritius for the shooting of a film. This was his first trip overseas. 2. When he disembarked, Raj was carrying a leather briefcase. A senior Customs Officer, one Mr. Caullychurn, noticed him and, at the customs inspection counter, remarked that the briefcase seemed abnormal. The Customs and Drug Unit carried out a search. When Caullychurn pierced the leather lining of Rajs briefcase with a pen, he noticed a brown substance on the pens tip. He tore open the leather lining. There was plywood beneath. Removing this, he saw two rectangular plastic parcels. To a question from the Assistant Superintendent of Police present, Raj said he could not account for the presence of these parcels. The Chief Forensic Scie...
Lydia Agnes Rodriques Nee D'Cunha and Others Vs. Joseph Anthony D'Cunh ...
Court: Mumbai
Decided on: Oct-14-2013
1. By this petition, petitioners seek revocation of probate granted by this Court on 3rd July 1980 in favour of Mr Joseph Anthony D'Cunha in respect of the Will and testament of Mr Andrew Satiro D'Cunha (herein after referred to as the said deceased). 2. Petitioner Nos.1 and 2 are the aunts of petitioner Nos.3 to 6 and the respondents. Petitioner No.7 is the widow of Mr Patrik Edwin Anthony D'souza, the deceased nephew of petitioner Nos.1 and 2. The said deceased expired on 20th August 1977 leaving behind three daughters and two sons namely petitioner Nos.1 and 2 and their siblings Mrs Annie D'souza, Mr Joseph D'Cunha and Mr Edwin D'Cunha as his heirs under the Indian Succession Act 1925 by which he was governed. Mrs Annie D'Souza expired on 5th July 1993 and is survived by petitioner Nos.3 to 6. Petitioner No.7 is the widow of Mr Patrik Edwin Anthony D'Souza, one of the sons of Mrs Annie D'Souza. Mr Joseph D'Cunha expired on 17th April 2004 and is survived by his children who are resp...
Rajesh D. Vora Vs. Aarti Mehra and Others
Court: Mumbai
Decided on: Oct-14-2013
Oral Judgment: Dr. D.Y. Chandrachud, J. 1. The learned Single Judge in exercise of the jurisdiction conferred by Section 34 of the Presidency Towns Insolvency Act, 1909, has directed that the Appellant be committed to civil prison for a period of six months on the ground that he had removed the properties in his possession without the leave of the Official Assignee. 2. The Respondent, Marine Container Services Private Limited has a decree in its favour which was passed in a summary suit on 31 March 2000 for an amount of Rs.17.75 Lakhs together with interest on the principal sum. The decree has not been satisfied. The Appellant was adjudged as an Insolvent on 5 August 2003. Since the Appellant was not cooperating with the Official Assignee, Rule Nisi was taken out, which was made absolute on 4 December 2006. A warrant of arrest was issued on 2 December 2009. Inspite of the warrant, the office of the Sheriff and the Cuffe Parade Police Station were unable to arrest the Insolvent. On 6 Ma...
The Savada Merchant Co-op Credit Society Ltd. and Others Vs. the State ...
Court: Mumbai Aurangabad
Decided on: Oct-14-2013
Oral Order: 1. All these applications can be conveniently disposed of by this common order, as the applicants in all these applications are the same and though the respondent No.2 in these applications are different, the facts are identical and the questions, needing determination are also the same. 2. The applicants, in all these applications, are the office bearers and officers of the Savada Merchant Co-operative Credit Society Ltd., Savada, Tq. Raver, Dist. Jalgaon (hereinafter referred to as the 'said society'). On separate complaints against them, filed by different persons, alleging commission of offences punishable under Section 409 of I.P.C. r.w. section 34 of I.P.C., the J.M.F.C., Amalner, has issued process against the applicants, in all these cases, requiring them to answer to the charge of an offence punishable under Section 409 of I.P.C. r.w. section 34 of I.P.C. 3. The substance of all these complaints is as follows. That, the respective complaints were induced by the app...
Rakesh Kumar Gaur, Superintendent of Customs (P) Vs. the Union of Indi ...
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Oct-14-2013
A.K. Basheer, Member (J): 1. Applicant is presently working as Superintendent of Customs under respondent No.2 in Mumbai. He joined the Customs Department as Preventive Officer in July 1992 and was subsequently promoted as Superintendent in May 2005. In September 2011, applicant was served with Annexure A.I. Memorandum of charge alleging that he had knowingly availed of the benefit reserved for Ex-Servicemen for the second time and got employment in the Customs Department in an unfair manner and suppressing the fact that he had initially got the employment in Canara Bank as an Ex-Serviceman. The said charge-sheet is under challenge in this Original Application. 2. It is not in dispute that the applicant had joined the Indian Army as Havildar in the Army Educational Corps in 1977. He joined Army Cadet College in the year 1981. However, in March 1983 he was ordered to be invalided out of Military Service on medical grounds. In November 1983 applicant joined Canara Bank as a Clerk under t...
Mukesh Ramanlal Gokal and Another Vs. Ashok Jagjivan Gokal and Others
Court: Mumbai
Decided on: Oct-11-2013
By this petition, petitioners seek an order for removal and discharge of respondent Nos.1 and 2 as Executors and Trustees appointed under the Will dated 25th January 2005 and codicil dated 28th June 2006, directions against respondent Nos.3 and 4 to complete the administration of the estate and properties of the deceased and handing over the bequest to the petitioners by taking charge, custody and control of the 3rd to 5th floor of the building known as Mercantile House and to hand over the same to the petitioners. 2. Some of the relevant facts for the purpose of deciding this petition are as under : (a) Petitioners, Mrs Meena Rajani, Mr Shailesh Gokal and Mrs Sushila Ramanlal Gokal are the legal heirs of Mr Ramanlal Gokal (hereinafter referred as said deceased) who expired on 22nd March, 2007. The said deceased left a Will dated 25th January, 2005 and codicil dated 28th June 2006. Respondent Nos.1 to 4 were appointed as Executors under the said Will dated 26th January 2005. Respondent...
Michael Anthony William Gareth and Another Vs. Mrs. Maria Do Rosario D ...
Court: Mumbai Goa
Decided on: Oct-11-2013
Heard Shri S. D. Lotlikar, learned Senior Counsel appearing for the Petitioners and Shri M. B. D' Costa, learned Senior Counsel appearing for the Respondents. 2. The above Writ Petition, inter alia, seeks to quash and set aside by a writ of certoriari or any other writ, the Judgment and Order dated 25.01.2006, passed by the learned Rent Controller, at Panaji, in Case no. Rent/ARC/4/99 as well as the Judgment and Order dated 15.11.2010 passed by the learned Administrative Tribunal in Eviction Appeal no. 3/2006. 3. Briefly, the facts of the case as stated by the Petitioners are that on 16.08.1999, the Respondent no. 1 filed an Eviction Proceedings before the Rent Controller seeking eviction of the Petitioners from the disputed house bearing Municipal no.73, admeasuring 87 square metres surveyed under Chalta no. 141 of P. T. Sheet no. 45 of the City Survey of Panaji, under the provisions of the Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act of 1968, (hereinafter referr...
Sundeep Bafna Vs. the State of Maharashtra, Through Senior Inspector o ...
Court: Mumbai
Decided on: Oct-11-2013
1. Heard both sides. Perused the record annexed to the application and those tendered in Court by parties on both sides. 2. Learned Senior Advocate Mr. Jethmalani has advanced submissions on facts which are as follows:- (a) The underground area of the A wing of the building which collapsed, were taken on leave and license basis by the applicant from accused no.4. (b) In the FIR, so also in several letters written by the Intervener to various authorities, he has admitted that, well before the Applicant took the underground and decided to carry out any repair work in the licensed premises, the building was in a critical and very bad condition to such an extent that the building was shivering and quivering (letter dated 10.11.2008) and that it needed extensive repairs. (c) The applicant took advice of experienced engineers and architect, and had proposed to get some repair work done through a qualified contractor. (d) The experts could not commence any work for making the building safer w...
Miss. Sneha D/O. Sandeeprao Patil Vs. the National Council for Hotel M ...
Court: Mumbai Aurangabad
Decided on: Oct-11-2013
B.P. Dharmadhikari, J. 1. By this petition filed under Article 226 of the Constitution of India, petitioner- a student who has secured admission to first year of three years' B.Sc. course in Hospitality and Hotel Administration, in an institute, by name Indian Institute of Hotel Management at Goa from open category, has approached this Court. Prayer is to quash and set aside Rule 5.1 of the Rules framed by National Council for Hotel Management And Catering Technology, which prohibits seats remaining vacant in Scheduled Castes and Scheduled Tribes categories to be filled in by candidates belonging to any other category. Submission is, this prohibition is arbitrary and also violative of Article 14 of the Constitution of India. 2. This Court has issued notice on 1st August 2013, and accordingly we have heard Sr. Adv. Mr. P.M. Shah with Adv. Mr. B.R. Warma for the petitioner, Adv. Mr. S.R. Barlinge for respondent nos.1 and 3, learned ASGI Mr. Alok Sharma for respondent no.2, and Adv. Mr. S...
Jaiwant Babuso Chodankar and Others Vs. Namdev Babuso Chodankar and Ot ...
Court: Mumbai Goa
Decided on: Oct-11-2013
Oral Judgment: This Second Appeal was filed by the original defendant nos. 1 to 4/appellants herein challenging judgment and decree dated 10th June, 2002 passed by the Lower Appellate Court. Respondent no.1 herein who is the plaintiff, filed a suit for declaration and permanent injunction. The appellants herein are relatives of the original plaintiff/respondent no.1 herein. 2. The plaintiff contended in the suit that in the village of Guirim, there exists a vast property known as Collounch alias Vancio belonging to one Pedro Incacio Gonsalves. One residential house, which is situated there was occupied by late Babuso R. Chodankar somewhere in the year 1954 which is surveyed under No. 54-9 and bearing house no. E-102 admeasuring 122 square metres. The said house is referred to as the suit house. Besides this house, late Babuso Chodankar, the father of plaintiff possessed three paddy fields which were described as under:- a) A paddy field known as Kudshet situated at Mapusa and admeasuri...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 10
- 11
- 12
- 13
- 14
- Next ›
- Last »