Mumbai Court March 2013 Judgments
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The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...
Court: Mumbai
Decided on: Mar-25-2013
Oral Judgment: (V.M. Kanade, J.) 1. Rule. Rule is made returnable forthwith. Respondents waive service. By consent of the parties matter is taken up for final hearing. 2. By this Petition which is filed under Article 226 of the Constitution of India, Petitioner is challenging the order dated 30/07/2012 passed by the Deputy Registrar of Trade Unions issuing Consent Certificate. 3. Brief facts which are necessary for the purpose of deciding this Petition are as under:- 4. Petitioner No.1 is a Trade Union registered in the year 1960 under the Trade Unions Act, 1926 (hereinafter referred to as the said Act) Respondent Nos. 3 to 12 claim to be members of Petitioner No.1 Union and are operating rival Union in the name and style of Mumbai Taxi Union. According to the Petitioners, in 2004, Respondent Nos. 3 to 12 formed rival Union in the name and style of Cool Cab Taxi Union and thereafter changed the name of Union to Mumbai Taxi Union without making Petitioner No.1 Union party to the proce...
Mandar Mahesh Goswami Vs. Inspector of Police, Anti-corruption Bureau, ...
Court: Mumbai
Decided on: Mar-25-2013
P.C. The petitioner has filed this petition challenging the order dated 25th October 2012 framing charges against him in Special Case being Special Case No.62 of 2011. 2. The petitioner is a practising Advocate. He has been arraigned as an accused in this case. The offence alleged is punishable under section 120-B of Indian Penal Code read with 7 and 8 of the Prevention of Corruption Act, 1988. 3. One Amod Sharma filed a complaint to the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch (for short CBI, ACB,) Mumbai. The complainant alleged that he is an accused in CBI Case No.40(A)/2011. He further alleged that during the course of investigation, the complainant's house was searched on 12th January 2012. Some documents were seized. A Tax Consultant Mr.Jagiasi was approached by Mr.Amod Sharma some time in June 2012 for preparing his detailed balance sheet that was required to explain his income and assets to CBI as he apprehended that he would be prosecut...
Manuel Lourenco D'Costa Vs. the Board of Trustees of the Port of Mormu ...
Court: Mumbai Goa
Decided on: Mar-25-2013
A.P. Lavande, J. By this petition, the petitioner has sought the following reliefs: a) For a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of the case from the respondent No.1 and upon perusing the same to quash and set aside the promotion order dated 9-9-2003 (exhibit E) and 24-3-2006 (exhibit L). b) For a writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ or direction commanding the Respondent No.1 to promote the Petitioner to the post of Assistant Traffic Manager with effect from 9-9-2003 and any rate 24-3-2006 along with all consequential benefits. In the alternate the Petitioner is entitled for a appropriate writ, Order or direction commanding the Respondent No.1 to consider the case of the Petitioner for promotion to the post of Assistant Traffic Manager without taking into account the alleged and any rate uncommunicated adverse remarks. 2. Briefly, the...
Indian Medical Association Vs. Medical Council of India, Through Its S ...
Court: Mumbai Nagpur
Decided on: Mar-25-2013
R.K. Deshpande, J. 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. This petition is filed by the petitioner-Indian Medical Association, Nagpur, in public interest, challenging the communication dated 28.12.2012 issued by the Board of Governors in supersession of the respondent No.1Medical Council of India (for short, MCI), returning the applications submitted by the respondent No.4 the Dean, Government Medical College and Hospital, Nagpur, for increase of seats in various Post Graduate Courses on the ground that the applications were deficient in Consent of Affiliation, which was required to be submitted along with the said applications on 31.5.2012. The petition further claims a direction to the respondent No.1MCI to process the said applications further in accordance with law. 3. The facts necessary giving rise to the controversy involved in this petition, are stated below : The respondent No.1MCI is a statutory body ...
S. Ananthasayanam Vs. M/S. Goa Shipyard Limited and Others
Court: Mumbai Goa
Decided on: Mar-25-2013
U.V. Bakre, J. 1. Rule, returnable forthwith. Learned Counsel for the respondents waive service of Rule. By consent, taken up for hearing forthwith. 2. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby quashing the Memorandum/Article of Charge dated 7/02/2011 and for a declaration that termination of the petitioner by impugned letter dated 01/08/2012 is null and void. 3. The petitioner joined respondent no.1 as Deputy General Manager (Finance), [redesigned as Additional General Manager (Finance)] on 3/7/1996 and served till 13/8/2001, after which he was appointed as General Manager (Finance) of Respondent no.1, through open advertisement on 14/8/2001 and he served as such till 4/11/2003. Upon request made by the petitioner by letter dated 3/11/2003 to the respondent no.1 for permission to relinquish from the post of...
Mumtaz Iqbal Shaikh and Another Vs. AlaIn Lousi Philip CousIn and Othe ...
Court: Mumbai
Decided on: Mar-22-2013
Oral Judgment: 1 Rule, with the consent of the learned counsel appearing for the parties made returnable forthwith and heard. 2 The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 12/02/2013 passed by the learned Judge, City Civil Court, Greater Mumbai, by which order the application being Chamber Summons No.954 of 2012 for bringing the heirs of the original Plaintiff by transposing the Defendant Nos.4(a) to 4(c) as Plaintiffs came to be allowed. 3 The issue therefore which arises in the above Petition is as regards the entitlement of the Defendant Nos.4(a) to 4(c) to be transposed as Plaintiffs. 4 The suit in question was originally filed in this Court and was numbered as L.C. Suit No.1948 of 1999. On the pecuniary jurisdiction of the City Civil Court, Greater Mumbai being enhanced, the said suit came to be transferred to the City Civil Court, Greater Mumbai and is now numbered as S.C. Suit No.8446 of 1999. The said sui...
Goa Cricket Association and Another Vs. State of Goa and Others
Court: Mumbai Goa
Decided on: Mar-22-2013
Oral Judgment: (CJ.) This is a Writ Petition filed under Articles 226 and 227 of the Constitution of India. The Writ Petitioners Goa Cricket Association, a Society registered under the Societies Registration Act, and its General Secretary have challenged the order dated 07.10.2010 of the State Chief Information Commissioner allowing the complaint No.518/SCIC/2010. The State Chief Information Commissioner after overruling the preliminary objection raised by the complainant has directed the Goa Cricket Association to furnish the information to the complainant sought by him by his application dated 12.07.2010. 2. Shri M. Sonak, learned counsel appearing for the petitioners has challenged the order on the following grounds : (i) The impugned order is without jurisdiction as the State Chief Information Commissioner by himself could not have disposed of the application. Relying on the decision of Division Bench of this Court in Public Information Officer and Anr. Vs. Manohar Parrikar and anr...
Dashrath Rajaram Solanke and Others Vs. the Executive Engineer, Chief ...
Court: Mumbai Nagpur
Decided on: Mar-22-2013
B.P. Dharmadhikari, J. 1. By this appeal under Clause 15 of the Letters Patent, the appellants-employees have questioned the judgment dated 15.10.1997 delivered by the learned Single Judge in Writ Petition No. 2618/1997 since reported at 1998(3) Mah.L.J. 897 (Executive Engineer vs. Ananta and Others). They were the respondents in the said petition. The learned Single Judge has, in said judgment, found that services of present appellants are not covered under the terms of Kalelkar Award and hence their termination cannot be faulted. However, they are found to be entitled to compensation as per and under Chapter VA of the Industrial Disputes Act, as retrenchment compensation. The Labour Court earlier had on 4.6.1994 in ULP (Complaint) Nos. 319/1984 to 322/1984 directed the respondent/employer to reinstate these appellants to their formal posts with continuity of service and full back wages. The Industrial Court has dismissed U.L.P. Revision No. 158/1994 filed by the respondent/employer a...
Ashok Kumar S/O Shankarprasad Vs. the State of Maharashtra, Through It ...
Court: Mumbai Nagpur
Decided on: Mar-22-2013
1. By this petition filed under Article 226 of the Constitution of India, the petitioner owner of a motor vehicle having registration No. MZV5876 (Premier Padmini Car) has basically sought to challenge the provisions of Maharashtra Act No. XXX of 2010 dated 21.12.2010 introducing Environment Tax by amending the Bombay Motor Vehicles Tax Act, 1958 (hereinafter referred to as the 1958 Act for short). However, during arguments Shri T.D. Mandlekar, learned Counsel appearing on behalf of the petitioner has made it clear that the petitioner is not pressing the said challenge or question of constitutional validity. The learned Counsel has urged that as the said motor vehicle is incapable of being used on State road, as it is mechanically unfit and is permanently rendered unusable, the same cannot be taxed and hence, demand of arrears of Environment tax on it is, unsustainable. It is pointed out that registration of the vehicle has already expired. 2. Coming to the facts of the case, the learn...
Rajesh @ Prabhuraja Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Mar-22-2013
Oral Judgment: Heard. Rule returnable forthwith by consent of parties. 2. The applicant was acquitted in Criminal Case No.401/2006 on 29.1.2009 for offence under Sections 452, 354, 323, 504 of Indian Penal Code. The State did not file any appeal. 3. Respondent No.2 approached the learned District Judge, canvassing the application to be under Section 378 of Cr.P.C. Additionally, Respondent No.2 sought to condone delay of two years six months and 28 days, caused in preferring to file an appeal. The learned Sessions Judge, Jalna entertained Misc. Application No.72/2011 and by order dated 13.9.2012, condoned the delay in terms of Section 5 of the Limitation Act. The applicant questions legality of the same. 4. Another limb, apart from legality of condoning the delay, learned Counsel for the applicant has informed, special leave to file appeal or appeal under Section 378 or 372 proviso of Cr.P.C, could not have been entertained by the learned Sessions Judge. This is more so, the judgment be...
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