Mumbai Court December 2013 Judgments
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The New India Assurance Co. Ltd. Vs. Smt. Gunji Chakramma and Others
Court: Mumbai Goa
Decided on: Dec-21-2013
The appellant has approached this Court being aggrieved by the judgment and order dated 6.6.2009 passed by the learned Motor Accident Claims Tribunal, Panaji thereby holding that the respondent nos. 1, 2 and 3 herein (Original claimants) were entitled to receive the total compensation of Rs.7,56,760/- and directing the respondent nos.1, 3 and 4 in the claim petition to pay the said amount jointly and severally to the claimants alongwith interest of 9% per annum from the date of filing of the petition till the date of entire payment. 2. Parties shall be hereinafter referred to as they appears in the claim petition. 3. The facts which are giving rise to the present appeal are as under:- On 15.4.1994 at around 11.15 hours the deceased was riding scooter No. GDK-923 and was traveling from Santa Cruz towards Panaji and at that time two youngsters respondent no.2 being the rider, came from opposite direction on Yamaha motorcycle No. GDK-661, owned by the respondent no.4 and insured with the ...
Arjandas Teckchand Kashyap and Others Vs. Smt. Pooja Jaiprakash Pamnan ...
Court: Mumbai
Decided on: Dec-20-2013
Oral Judgment: By this application filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short Arbitration Act) the applicant seeks appointment of an arbitrator. 2. Some of the facts relevant for the purpose of deciding this application are as under: (a) By a deed of partnership dated 15th January, 1979, the applicants along with respondent nos.4 and 5 and late Bhawabai Pamnani and late Jaiprakash Pamnani were carrying on business in partnership under the name and style of M/s. Jeevan Development Corporation. The terms of the said partnership deed was varied by another Deed of partnership dated 22.08.1979 and was further modified by partnership deed dated 1st June, 1980. It is the case of the applicants that the dispute arose between the parties and accordingly the applicants vide letter dated 29th August, 2003 dissolved partnership firm and called upon the other partners/respondents to render the accounts of the partnership, settle the shares of each of the part...
Romeo Anacleto D'Souza Indian Christian Inhabitant of Bombay Vs. Edgar ...
Court: Mumbai
Decided on: Dec-20-2013
The plaintiff (original petitioner) had filed testamentary petition interalia praying for probate of the Will and Testament dated 26th May 1986 of the deceased Mrs Ermina Pinto D'Souza. Some of the relevant facts for the purpose of deciding this suit (original petition) which emerge from the record are as under : 2. Father of the plaintiff and the defendant acquired plot No.170171 from Salesette Co-op. Hsg. Society Ltd., situated at 18, St. Andrews Road, Bandra (West), Mumbai 400 050 and a structure standing thereon which is known as 'Hermine Villa'. In the year 1956, defendant left India for employment and settled down in Canada. On 18th October 1975 father of the plaintiff and defendant died leaving behind his wife Mrs Ermina Pinto D'Souza, three sons and one daughter. On 26th May 1986, Mrs Ermina Pinto D'Souza (hereinafter referred to as 'the said deceased') executed a Will and Testament. On 10th January 1987 the said deceased expired leaving behind her three sons and one daughter. ...
Kamala Mills Limited and Others Vs. Dilip Kumar G. Damani and Others
Court: Mumbai
Decided on: Dec-20-2013
1) These two petitions concern order dated 21.10.2010 passed by the 1st Labour Court at Mumbai in Application (IDA) No. 64 of 2008, in purported exercise of powers conferred by Section 33-C(2) of the Industrial Disputes Act, 1947 (said Act). The order dated 21.10.2010 shall hereinafter referred to as the impugned order. So also for the sake of convenience, the Kamala Mills Limited-employer shall hereinafter be referred to as the 'Petitioner' and Respondent Nos.1 to 15-employees, shall, unless they context requires otherwise, be collectively referred to as the 'Respondents'. 2) The brief circumstances in which the impugned order came to be made are as follows:- (a) The Kamala Mills Limited, operated a mill (Textile Industry), head office and retail shop, which position is not in dispute; (b) In pursuance of a general charter of demands raised by the employees of the Petitioner, the Industrial Tribunal made an award in or around the year 1980. According to the Petitioner, this award cove...
National Aviation Co. of India Ltd. Vs. Mumbai Mazdoor Sangh and Anoth ...
Court: Mumbai
Decided on: Dec-20-2013
1] Rule was issued in this petition on 10.6.2009, after overruling the preliminary objection that this petition be dismissed on the ground of laches. 2] The Petitioner is an amalgam of Indian Airlines Ltd. and Air India Limited. The scheme of Amalgamation as approved by the Ministry of Corporate Affairs, Union of India vide its order dated 22.8.2007 contemplates that proceedings filed by or against Indian Airlines Limited shall be prosecuted or defended by the Petitioner. There is no serious dispute that the Petitioner answers the definition of 'State' within meaning assigned to this term under Article 12 of the Constitution of India. 3] Respondent No.1 is a Trade Union registered under the Trade Unions Act, 1926 comprising inter alia employees of erstwhile Indian Airlines Ltd. 4] Respondent No.1 purporting to espouse the cause of the almost 1269 casual workers raised an industrial dispute demanding 'regularisation'. The dispute was admitted to conciliation and upon failure of concilia...
Shaikh SalimoddIn Shaikh ShamsoddIn Vs. the State of Maharashtra, Thro ...
Court: Mumbai Aurangabad
Decided on: Dec-20-2013
1) Rule. Rule made returnable forthwith. Heard with the consent of the parties. 2) This Writ Petition is filed challenging the order dated 18th August, 2004 passed by respondent No.2 - the Hon'ble Minister, Food, Civil Supply and Consumer Protection Department, Mantralaya, Mumbai in Revision Application No. oSveand1604@1168@iz-dz-837@uk-iq-@21 thereby, directing the authorities to restore the licenses of Fair Price Shop Nos. 73, 77 and 78 In Short, FPS Nos. 73, 77 and 78.) in favour of Respondent No.6 Society. 3)It is case of the Petitioner that, Resp.No.6 - Society was allotted FPS Nos. 73, 77 and 78 but, subsequently because of economical difficulties and mis-management, Resp.No.6 - Society was unable to run the same. Accordingly, Resp.No.6 - Society had passed a Resolution and decided not to run the Society and also agreed to grant licenses in favour of its Salesmen. The Petitioner was one of the Salesman of Shop No.77 of Resp.No.6 Society. As such, FPS No.77 was allotted to the P...
Shahada Taluka Co-operative Education Society Vs. Kalyan Sajan Patil a ...
Court: Mumbai Aurangabad
Decided on: Dec-19-2013
Oral Judgment: 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties the petition is heard finally. 2. This Writ Petition takes exception to the judgment and order, dated 27.12.2012, passed by in Appeal No. 669 of 2012 by the State Information Commission, Bench at Nashik and also the order, dated 23.5.2011, passed by the appellate authority/Assistant Registrar, Cooperative Societies, Shahada, District Nandurbar. 3. The background facts leading for filing the Writ Petition, as disclosed in the memo of the petition, are as under:- It is the case of the petitioner, namely Shahada Taluka Co-operative Education Society Limited, Shahada, District Nandurbar that the said society has been registered under the provisions of the Co-operative Societies Act in the year 1952 i.e. prior to coming into existence of the Maharashtra Co-operative Societies Act and the said registration is continued inadvertently and later on in the year 1955 it came to be regis...
ishwar Piraji Kalpatri Vs. the Manager, Syndicate Bank and Others
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Dec-19-2013
Narendra Kawde, Member: 1. The complainant is a retired police personnel from Government of Maharasthra at senior level. He has filed this consumer complaint alleging deficiency of service against the opponent- Syndicate Bank as certain cheques forwarded from Treasury office, Jalna to his bank account in Mumbai with the opponent were not credited and only after considerable efforts, the proceeds which were wrongly put into Suspense account by the opponent bank were later on detected and transferred to the complainants Saving Bank account. The cheque amount was Rs.12,400/-. Similarly, the fixed deposit receipt no.52369 for Rs.1,15,000/- was lying with the opponent bank and since the complainant was required to undergo heart surgery, the fixed deposit was required to be encashed prior to maturity. The proceeds of the FDR were also erroneously transferred to Suspense account of the opponent bank instead of Saving bank account of the complainant. The complainant only after making continuou...
M/S. Gopi Resorts Pvt. Ltd. Vs. Mrs Swati Prakash Dalvi
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Dec-19-2013
Dhanraj Khamatkar, Member: This revision petition has been filed challenging order dated 31/08/2013 proceeding against the opponent without a written version. The original complaint no.81 of 2012 was filed in the year 2012. The complaint was adjourned from time to time. The complaint was admitted on 30/06/2012 and was adjourned for filing the written version by the opponents. On 31/08/2013, complainant moved an application to proceed ex-parte against opponent and on the same day District Forum passed an ex-parte order against the opponent. Aggrieved by the said order, opponent has filed this revision petition. Heard Mr.S.B.Bhatagunaki-Advocate for the revision petitioner and Mr.M.A.Vajantri-Advocate for the respondent. Advocate for the complainant had opposed the revision petition on the ground that the revision petitioner remained absent from time to time and not filed the written version and, hence, the complaint was proceeded ex-parte. The Learned counsel for the revision petitioner...
Ksl and Industries Limited and Another Vs. Punjab National Bank
Court: Mumbai
Decided on: Dec-18-2013
Oral Judgment: Heard the learned Counsel appearing for the parties for ad-interim anti-suit injunction. 2 The Appellants-Original Plaintiffs have challenged impugned Order dated 25.11.2013 whereby the learned Judge, City Civil Court, Greater Mumbai, refused to grant any ad-interim relief in an anti-suit injunction filed by the Appellants-Plaintiffs in respect of the proceeding instituted by the Respondent-Defendant-Punjab National Bank in High Court of Hong Kong Special Administrative Region Court of First Instance being Action No.1888 of 2013 for recovery of US $11,448,985.28. 3 At this stage, the question is whether Indian Court can pass any anti-suit injunction/order. Pursuant to the writ of summons, the Appellants-Plaintiffs forwarded the acknowledgement within the time prescribed. Now the next steps is to file defence within next 28 days. The last date of filing of decence is on or about 26 December 2013, failing which, the consequenced is foreign decree/judgment to follow. In vie...
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