Mumbai Court September 2013 Judgments
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Maharashtra State Electricity Board Thane and Another Vs. M/S.Hindusta ...
Court: Mumbai
Decided on: Sep-20-2013
1 The Special Civil Suit No.510 of 1993 was filed by the M/s.Hindustan Gas and Industries Ltd Respondent no.1 in the Court of Jt.C.J.S.D. at Kalyan. M/s.Praxiar India Ltd. the respondent no.2 company which acquired rights from the Respondent no.1 lispendent undertook in writing to abide by the result of the appeal. The appeal is against the Judgment and order dated 08-03-1999 in Special Civil Suit No.760 of 1996 passed by the Learned Civil Judge Senior Division, Kalyan, District Thane, whereby the suit was decreed for to declare that letter bearing no. SA/Murbad/761 dated 30-04-1993 issued by the Maharashtra State Electricity Board (defendant referred hereinafter as Board) to the Plaintiff Company was illegal. 2 Facts briefly stated are:- The plaintiff company, a regular consumer of the Board having Trivector meter No. 3004153 of Simco make, was intimated by the Board on 30-03-1993 to pay towards slow operation of meter upon alleged test and assessment the Plaintiff replied the letter...
M/S. Hindustan Computers, Through Upendra Devendra Lad Vs. M/S. Dart C ...
Court: Mumbai
Decided on: Sep-19-2013
1. The appellant herein is the original complainant in SCC No.1419 of 2004. The appellant had filed a complaint under Section 138 of the Negotiable Instruments Act against the present respondents. The learned JMFC, Malegaon, had issued process against the accused. The complainant Upendra Lad is the complainant, (1) Santosh Marathe, employee of State Bank of India, (2) Paresh Borker, employee of Bank of India and (3) Ram Jadhav working in Nashik Mahila Vikas Sahakari Bank. The statement of the accused was recorded under Section 313 of Cr.P.C. The accused No.2 examined himself on oath. Hindustan computers is a proprietary concern. The accused had executed the agreements with Upendra Lad. Accused No.2 i.e. Rajesh Hirani filed an application below Exhibit 171 seeking relief of dismissal of complaint on account of the fact that Upendra Lad was not the proprietor of Hindustan Computers. The proprietor was Mrs. Neeta Lad. It was further urged that throughout the proceedings, Upendra Lad had p...
Steel Authority of India Ltd. Vs. Pacific Gulf Shipping Co. Ltd.
Court: Mumbai
Decided on: Sep-19-2013
P.C. : The Appeal arises from a decision of a learned Single Judge dated 19 March 2013 on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 which sought to question the legality of an arbitral award rendered by a three member arbitral tribunal. The learned Single Judge has dismissed the Arbitration Petition consequent upon which the original Petitioners are in Appeal. 2] The dispute between the parties arises out of a Charterparty of 15 November 2010 in respect of the vessel m. v. Navios Sagittarius. The Appellants are charterers of the vessel. The respondents are the owners. The vessel was nominated for a voyage charter to carry a consignment of coking coal in bulk from DBCT, QLD, Australia, to three nominated Ports of discharge in India namely Vizag, Paradip and Haldia. The dispute between the parties relates to the quantum of demurrage that was payable to the Respondents upon the completion of discharge. Clause 33 of the Charterparty, which was described as a...
Smt. Chitra Chintaman Kolekar and Others Vs. the Government of Maharas ...
Court: Mumbai
Decided on: Sep-19-2013
Oral Judgment: 1. The appeal is directed against the Judgment and Award dated 8th December, 2003, whereby the learned Member of the Motor Accident Claims Tribunal, Thane in Claim Petition No. 755/1997 awarded total compensation in the sum of Rs. 3,50,000/- only inclusive of no fault liability. The Tribunal also awarded payment of interest at the rate of 6% per annum on the awarded sum from the date of the application, till realization. The claim was made in the sum of Rs 6,00,000/- (Six Lakhs) before the Tribunal. After hearing the learned Advocate as well as Assistant Government Pleader representing the parties and after careful perusal of the evidence available on record at thread bare, including the impugned judgment and award passed by the Tribunal, the only point that arises for my consideration is: Whether the compensation awarded by the Tribunal in the sum of Rs. 3,50,000/- is just and proper? My answer is in the emphatic negative as compensation awarded by the Tribunal need to ...
Shashikant Tulsidas Kamble and Another Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-19-2013
A.R. Joshi, J. 1. Heard learned Advocate Mr. Arfan Sait, appointed under the Free Legal Aid Scheme for both the appellants/orig. accused persons. Also heard learned APP for the State Mrs. Deshmukh. Perused the R and P and also perused the substantive evidence of total 40 prosecution witnesses examined before the trial Court. 2. Present Criminal Appeal is preferred through jail by the appellants / orig. accused Nos.1 and 2 challenging the judgment and order of conviction dated 30th October, 2009 passed by the Additional Sessions Judge, Jaysingpur, District Kolhapur in Sessions Case No.1 of 2006. 3. By the impugned judgment and order both the accused were convicted for the offence punishable under Section 364A of IPC and were sentenced to suffer imprisonment for life and to pay fine of Rs.1000/- each. They were also convicted for the offence punishable under Section 384 read with Section 34 of IPC and were sentenced to suffer RI for three years and fine of Rs.1000/- each, and in default...
Mrs. Sayali Wife of Swapnil Kuber Vs. Swapnil S/O. Harischandra Kuber
Court: Mumbai Nagpur
Decided on: Sep-19-2013
Oral Judgment : 1. Heard. 2. RULE. 3. Taken up for final disposal by consent of the rival parties looking to the nature of the matter at hand. 4. The undisputed facts are that the applicant-wife is residing with her parents at Nagpur, after having returned from matrimonial house of the husband. It is also not in dispute that she has filed proceedings for maintenance and the proceedings under the provisions of the Domestic Violence Act, in the Courts at Nagpur against the respondent-husband. The respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the Court at Thane. 5. The present transfer application has been filed by the applicant-wife with a prayer to transfer Hindu Marriage Petition No.109 of 2013 from the Court of 3rd Civil Judge Senior Division, Thane to the Family Court at Nagpur before which Petition No. C-22 of 2013 is pending. 6. Mr. B.N. Mohta, learned counsel for the respondent-husband has raised a preliminary objection to the terr...
Yashvant Chunilal Mody Vs. Yusuf Karmali Kerwala and Others
Court: Mumbai
Decided on: Sep-19-2013
1. This is an application for appointment of a sole arbitrator U/s.11 of the Arbitration and Conciliation Act, 1997 (the Act) by the Applicant who is one of the eight partners of the partnership firm of which the arbitration agreement is alleged. Several of the partners have expired. Their heirs and legal representatives are some of the Respondents. The claim of the Applicant is of having entered into a partnership on 1st April, 1974 consequent upon the introduction of the partners in February, 1974 and their desire to carry on joint business since March, 1974. 2. It is the Applicant's case that initially the written agreement between the parties was not executed. It has been executed on 24th September, 1975 after the oral partnership without any formal document came into existence. In fact it is one of the claims that no formal partnership deed was initially executed upon certain advise (presumably legal). This is specifically stated in view of the facts which shall be considered pres...
Sushanta J. Sarkar and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-19-2013
P.C. : Admitted. 2. Heard finally. 3. Heard Mr. Mundargi, advocate for the petitioners. The petitioners are accused nos. 5 to 9 in the criminal case No.1720/SS/2011, pending in 63rd Metropolitan Magistrate Andheri, Mumbai. They are facing trial for the offence punishable under Section 138 read with Section 141 of the Negotiable Instrument Act (NI Act). It is alleged by the respondent no.2 K. Sera Sera Limited (complainant) that the petitioners and other accused were in the management of accused no.1 Hydrocarbon Development Co Private Limited and therefore they are responsible for the offence committed by the company punishable under Section 138 of the NI Act. The learned Magistrate had issued process against accused no.1 Hydrocarbon Development Co. Pvt. Ltd. and all the directors who are accused nos. 2 to 10. As already stated the petitioners before this Court are accused nos. 5 to 9. It is admitted position that accused no.2 S.R. Das is the managing director of accused no.1 Hydrocarbo...
Umesh Suresh Vale Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Sep-19-2013
A.I.S. Cheema, J. 1. This appeal, by original accused Umesh Suresh Vale is against his conviction and sentence, passed by Sessions Judge, Jalgaon on 06.8.2011 in Sessions Case No.113/2010. He has been convicted under Section 302 of The Indian Penal Code, 1860 (IPC for short), and sentenced to imprisonment for life with a fine of Rs.500/-, and in default to suffer further rigorous imprisonment for one year. 2. The case of prosecution in brief is as under: (a) Deceased Gautam, son of Chandramani, and accused Umesh are residents of same locality, Dr. Babasaheb Ambedkar Nagar, in Muktainagar, District Jalgaon. The incident occurred at the time of Akshay Tritiya on 16.5.2010, at about 6.30 p.m. The complainant P.W.1 Nirmala Ashok Surwade, who resides at Surat in Gujarat, had come to Ambedkar Nagar. She had come to her sisters Nanda and Latabai. Nanda is mother of deceased Gautam. Deceased Gautam was doing Mason work. Complainant was sitting in Wada behind the house of her sister Nandabai. T...
Shaikh Maheboob S/O Shaikh Gafur and Others Vs. the State of Maharasht ...
Court: Mumbai Aurangabad
Decided on: Sep-19-2013
A.I.S. Cheema, J. 1. Original accused No.1 Shaikh Maheboob, accused No.2 Shaikh Salim and accused No.3 Shaikh Lalu Shaikh Pasha have filed these criminal appeals against their conviction for the offence punishable under Section 302 r.w. 34 of the Indian Penal Code, 1860 (IPC in brief), by Additonal Sessions Judge, Parbhani in Sessions Trial No. 46 of 2011, vide judgment and order dated 5.8.2011 for committing murder of one Gautam Kishanrao More (deceased). They have been sentenced to suffer imprisonment of life and to pay a fine of Rs.500/- each and in default to suffer simple imprisonment for three months. Case of Prosecution. 2. (a) P.W.2 Motiram Madhavrao Dhumal wanted to get some trees cut, which were in his land Gat no. 498 in the Shivar of Singnapur , Tq. and District Parbhani. He gave contract to one Jigya @ Mustafa, who engaged the three accused and deceased Gautam for the said work. The work started on 12.12.2010 and these persons stayed at the Akhada (a place for stay of labo...
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