Mumbai Court January 2014 Judgments
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Bhartiya Seva Acharya Education Society, (Through Its Secretary) Nagpu ...
Court: Mumbai Nagpur
Decided on: Jan-28-2014
Oral Judgment: Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. This petition challenges the judgment and order dated 28th March, 2012, passed by the School Tribunal in Appeal No.STC/05/2011, in exercise of its appellate jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as œthe MEPS Act?). The appeal filed by the respondent no.3 employee challenging the order of termination dated 30.12.2010 has been allowed and the order of termination dated 30.12.2010 has been quashed and set aside and the respondent no.3 “ employee is directed to be reinstated in service to her original post in continuity of service with all consequential benefits and also the back-wages from the date of termination. 3. It is not in dispute that the respondent no.3 employee was working as an Assistant Teacher. She was placed under suspens...
Mitsui Osk Lines Ltd., (Japan) and Another Vs. Orient Ship Agency Pvt ...
Court: Mumbai
Decided on: Jan-28-2014
(M/s Mitsui OSK Lines Ltd. is referred to as petitioner and M/s Orient Ship Agency Pvt. Ltd. is referred to as the respondent in the later part of this judgment.) ARBP No. 446/03 is filed by M/s Mitsui O.S.K. Ltd. U/s 45 of the Arbitration and Conciliation Act 1996 inter alia praying for an order and direction that the parties to the said petition shall be referred to arbitration, the disputes and differences which had arisen between the parties referred to in the petition including the alleged claims of the respondents in suit No.2570/03 and in accordance with Arbitration and Conciliation Act 1996. Suit No.2570/03 is filed by Orient Ship Agency against the petitioner herein interalia praying for an order and declaration that agency agreement dated 01/04/1964 has come to an end by efflux of time and has been novated/substituted and that the terms and conditions contained in the agency agreement dated 01/04/1964 are not binding upon the parties. The respondents seeks a decree against th...
Vital Nutraceuticals Private Limited Through Its Director, Ganesh Vith ...
Court: Mumbai
Decided on: Jan-28-2014
G.S. Kulkarni, J. 1. I have had the privilege of going through the erudite judgment of my learned brother Mr.Justice V.M.Kanade. Having deliberated over the arguments advanced by the learned Counsel for contesting parties in the light of the statutory provisions and authoritative pronouncement of the Supreme Court, I deeply regret my inability to persuade myself to share the view of my learned brother. Hence, this Judgment. 2. Rule. Rule is made returnable forthwith. By consent of parties , heard finally. 3. By this petition filed under Article 226 of the Constitution of India, two petitioners viz. Vital Nutraceuticals Private Ltd.-Petitioner no.1 and Indian Drug Manufacturers' Association-Petitioner no.2 having 690 members as listed in the Statement annexed at 'Exhibit C' to the petition, have inter alia challenged the action of Respondent no.2 viz. Food Safety and Standards Authority of India (hereinafter referred to as 'the Food Authority') in issuing advisories in respect of variou...
Satchitanand Laximan Kantak (Deceased) Through Heirs and Others Vs. De ...
Court: Mumbai Goa
Decided on: Jan-28-2014
The appeal is filed against Judgment and Award of Land Acquisition Case No.29/2006 which was pending in the Court of District Judge (3), South Goa, Margao. The reference filed under Section 18 of the Land Acquisition Act (in short, œThe Act?), is rejected by the Trial Court. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be stated as follows: The Notification under Section 4 of the Act was issued on 3/8/2000 for the purpose of acquisition of lands for the purpose of construction of road from Igrezwado to Ashev Loyalawado in village Panchayat Majorda of Salcete Taluka. 134 square metres of portion of land under survey no.6/9 from village Majorda of the applicant was acquired under the award dated 11/6/2003. The Land Acquisition Officer (L.A.O, for short) awarded compensation at the rate of Rs.60/- per sq. metre. In the reference, the applicant claimed compensation at the rate of Rs.400/- per sq. metre on the basis of sale instance. 3....
Reginald Baptist Lobo and Others Vs. Robert D'souza and Others
Court: Mumbai Goa
Decided on: Jan-28-2014
Heard Mr. Mulgaonkar, learned Counsel appearing on behalf of the petitioners and Mr. Usgaonkar, learned Counsel appearing on behalf of the respondents no. 1, 2, 4 and 5. 2. By this Petition, the petitioners have challenged the order dated 14/02/2013 passed by the learned District Judge “ I, North Goa at Panaji (First Appellate Court) in Miscellaneous Civil Appeal No. 185 of 2010. 3. Inventory Proceedings no. 47/1997/B for partitioning the estate of the deceased Reginaldo Baptist Lobo and his wife Felicidade Fernandes, were instituted in the Court of learned Civil Judge, Senior Division, Mapusa (Trial Court), by their son Shri Vitorino Jose Mariano Lobo, since deceased. Prior to the impugned order, the petitioner no. 1 was the Cabeca de casal (administrator) in the said Inventory proceedings whereas as the other petitioners and the respondents were the interested parties. In the course of the proceedings, Cabeca de Casal listed certain properties as belonging to the deceased grand...
R.J. Wanwadi and Another Vs. Nandini Tulshiram Salve and Others
Court: Mumbai Aurangabad
Decided on: Jan-28-2014
Oral Judgment: [S.S. Shinde, J.] Criminal Contempt Petition No.1 Of 2012. Mr. R.V. Wanwadi, Joint Civil Judge,(Civil Judge,) and Judicial Magistrate, (F.C.), Sillod, Dist. Aurangabad submitted Reference U/Section 15(2) of the Contempt of Courts Act, 1971 r/with Contempt of Courts (Bombay High Court) Rules, 1994, specified in Chapter XIII of Criminal Manual, through the Principal District and Sessions Judge, Aurangabad vide Conf. O.No./Judl.Cri./558/2012 dated 28th September, 2012, to the Registrar (Judicial ) of High Court of Judicature at Bombay, Bench at Aurangabad. Said reference is registered as Criminal Contempt Petition No.1 Of 2012. 2. Mr. R.V. Wanwadi, Jt.C.J.J.D. and J.M.F.C. has decided Regular Trial Case No.182 Of 2007 (The State V/s. Tulshiram and Ors.) on 13th January, 2012 and, thereby, acquitted all the accused from the offences punishable U/Section/s 498(A), 323, 504, 506 read with 34 of the Indian Penal Code, 1860. Accused No.1 Tulshiram Namdeo Salve is the husband of ...
Wockhardt Limited Vs. Eden Healthcare Pvt. Ltd.
Court: Mumbai
Decided on: Jan-28-2014
Oral Judgment: 1. The above Suit is filed by the Plaintiff to prevent the acts of infringement and passing off committed by the Defendant by the use of the mark SPASGAN. The Plaintiff is seeking, inter alia, reliefs of injunction, delivery up, damages and/or accounts of profit, etc. The above Notice of Motion is taken out by the Plaintiff, seeking temporary injunction against the Defendant from infringing the Plaintiffs mark SPASGAN and/or passing off the products of the Defendant as and for those of the Plaintiff. 2. The Plaintiff claims to be the Proprietor of the registered mark SPASGAN. The Defendant is using an identical mark SPASGAN. 3. On 23rd August, 2013, the Plaintiff made an ex parte application seeking reliefs of injunction and appointment of Court Receiver in respect of the cause of action for infringement, which reliefs were granted. The Plaintiff had also filed a Petition seeking Leave under Clause XIV of the Letters Patent, Bombay, to combine the cause of action for pas...
Jose Fernandes and Another Vs. Marcelina De Gama and Others
Court: Mumbai Goa
Decided on: Jan-28-2014
Oral Judgment: Heard Mr. Menezes, learned Counsel appearing on behalf of the appellants and Mr. Diniz, learned Counsel appearing on behalf of the Respondents. 2. This Second Appeal is directed against the judgment and decree dated 28/01/2013 passed by the District Judge-I, FTC-I, South Goa at Margao (First Appellate Court) in Regular Civil Appeal No.193 of 2011, and the judgment and decree dated 15/10/2011, passed by the Additional Civil Judge-II Senior Division, Margao (trial Court), in Regular Civil Suit No. 320/2000/II(New) : Special Civil Suit No.113/1980(Old). 3. The appellants are the defendants and respondents are the plaintiffs in the said suit. The parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the said suit. 4. The plaintiffs had filed the said Suit for recovery of possession of the suit premises and of the land where the defendants have erected a cow shed and a hut, by removing the said structures; for permanent injun...
M/S. Metalmeccanica Fracasso India Pvt.Ltd. Vs. M/S. Prakash Industria ...
Court: Mumbai
Decided on: Jan-28-2014
Oral Judgment: 1 By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, the Petitioner seeks to challenge the Award passed by the Arbitral Tribunal dated 29 January 2013, amended on 20 February 2013. 2 The Petitioner is a private limited company. It has a plot of land situated at Murbad, MIDC, Dist. Thane. To set up a factory, the Petitioner and the Respondent had entered into an agreement, whereby the Respondent was to carry out work of construction, leveling of plot, retaining walls, storm water drains for the purpose of setting up a factory on the said plot owned by the Petitioner. As per the terms of the contract, the value of the work was Rs.7,10,00,000/-. The work order was issued in favour of the Respondent on 31.05.2007. Dispute arose between the parties in respect of the payments to be made to the Respondent. Both the parties appointed their Arbitrators, who appointed a third Arbitrator and the Arbitral Tribunal was constituted. 3 The Respondent...
M/S. Kulswamini Developers and Others Vs. Mahendrasingh Dalpatsingh Pa ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jan-28-2014
R.C. Chavan, President: [1] This appeal is directed against an order 30/04/2010 passed by the District Consumer Disputes Redressal Forum, Thane partly allowing Consumer Complaint No.545 of 2009 and directing the Appellants herein/original Opponents to hand-over to the Respondent herein/original Complainant possession of flats bearing Nos.302 and 303 from B Wing in the scheme known as Siddhi-Vinayak Park, being constructed by the Appellants, and to pay to the Respondent/original Complainant an amount of Rs.10,000/- by way of compensation towards mental agony and harassment besides costs of Rs.2,000/-. [2]We have heard Adv. Manoj Patil on behalf of the Appellants. Respondent chose to remain absent and did not advance oral submissions. We have also perused the record. [3]Learned Counsel for the Appellants placed on record for our perusal an order dated 13/12/2011 passed by the National Consumer Disputes Redressal Commission in Revision Petitions bearing Nos.2565 of 2011 and 2566 of 2011, ...
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