Mumbai Court October 2014 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.
Shankarrao Ambrushi Borkar and Others Vs. State of Maharashtra and Ano ...
Court: Mumbai
Decided on: Oct-29-2014
P.C. 1. Rule. 2. By consent, Rule made returnable forthwith. By consent, heard finally. 3. The applicants are the accused nos.2 to 15 in STC No.5321 of 2012, pending before the Chief Judicial Magistrate Solapur. The case is in respect of the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act, for short). The respondent no.2 herein is the original complainant. The applicants are aggrieved by the order issuing process, as passed by the Magistrate. The applicants had approached the Court of Sessions by filing an application for revision challenging the order issuing process, but the revision application came to be dismissed. 4. The accused no.1 in the said complaint case is Narsiha Sahakari Sakhar Karkhana Limited - a co-operative sugar factory. The other accused i.e. the applicants are the directors of the accused sugar factory. 5. The contention raised by the applicants is that process ought not to have been issued against th...
Mumbai Metropolitan Region Development Authority Vs. The Deputy Direct ...
Court: Mumbai
Decided on: Oct-29-2014
M.S. Sanklecha, J. 1. At the request of the counsel for the parties, Petition is being disposed of at the stage of admission. 2. This Petition challenges the orders dated 2nd June, 2014 passed by the Assessing Officer and 18th August, 2014 passed by the Director of Income Tax (Exemption)[Director] under Section 220(6) of the Income Tax Act, 1961 (the Act). By the impugned orders the Petitioner's application for unconditional stay of demand of Rs.961.92 Crores consequent to the Assessment Order dated 28th February 2014 for Assessment Year 2011-12, pending the disposal of its appeal by the Commissioner of Income Tax (Appeals) (CIT(A)), was rejected. 3. The Petitioner is a statutory authority, established under the Mumbai Metropolitan Region Development Authority Act, 1974, (the MMRDA Act). The Petitioner has been set up inter alia for the purpose of planning, coordinating and supervising the development of the Mumbai Metropolitan Region. In terms of Section 40 of the Maharashtra Regional...
Sanjay Prabhakar Bhosale Vs. The Additional Commissioner, Aurangabad a ...
Court: Mumbai Aurangabad
Decided on: Oct-29-2014
Oral Judgment: 1. Heard learned Advocates for the respective parties. 2. Rule. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal. 3. The petitioner is aggrieved by the judgment and order dated 1.9.2014, delivered by respondent No.1 - Additional Commissioner, Aurangabad. 4. Contention of the petitioner is that in the election to the Gram Panchayat, Matola, held in October, 2012, respondent No.4 was elected as a Member of the said Gram Panchayat. By the judgment and order dated 13.2.2014, respondent No.4 was held guilty in Summary Criminal Trial No.1524 of 2012 under Section 138 of the Negotiable Instruments Act. He was convicted under Section 255(2) of the Code of Criminal Procedure and was sentenced to suffer simple imprisonment for six months. The amount of Rs.2,70,000/- was directed to be paid to the complainant, failing which, respondent No.4 was to suffer further simple imprisonment for three months. 5. The petitioner further contends tha...
M/s National Insurance Co. Ltd. through Divisional Manager Vs. Jayashr ...
Court: Mumbai Nagpur
Decided on: Oct-29-2014
Oral Judgment : 1. This appeal is preferred against the judgment and award dated 11.2.1999 passed in Claim Petition No. 206 of 1994 by the Motor Accident Claims Tribunal, Nagpur. 2. Briefly stated, facts of the case are as under : Deceased Jayant who died in an accident on 15.5.1993 at about 8-30 p.m. was the husband of respondent no. 1 and father of respondents 2 and 3. At that time, he was proceeding on a bicycle from Panchsheel square towards Central Jail on Wardha Road and passing through Lokmat Square, when one scooter driven by respondent no. 5 suddenly appeared from the western side and gave a dash to his bicycle. As a result of the accident, deceased Jayant fell down on the road and sustained serious injuries. When he was taken to the Hospital of Dr. Rajiv Deshmukh, he was declared dead. The respondents 1 to 3 contended that the accident occurred only due to rash and negligent driving of the scooter by respondent no. 5, which was owned by respondent no. 4. Therefore, they filed...
Slum Rehabilitation Authority Vs. The Deputy Director of Income Tax an ...
Court: Mumbai
Decided on: Oct-29-2014
M.S. Sanklecha, J. 1. At the request of the Counsel for the parties, Petition is taken up for final disposal at the stage of admission. 2. The challenge in this Petition are to the orders dated 30th May, 2014 passed by the Assessing Officer and 25th July, 2014 passed by the Director of Income Tax Exemption, under the Income Tax Act, 1961 (the Act). Both the impugned orders rejected Petitioner's application for stay of demand of Rs.53.71Crores, arising from the order of assessment dated 19th February, 2014 for the Assessment Year 201112, till the disposal of the Petitioner's appeal from it by the Commissioner of Income Tax (Appeal) [CIT(A)]. 3. The Petitioner is a statutory authority established under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971(Slum Act 1971). The Petitioner has been set up to formulate, implement and execute schemes to achieve the rehabilitation of slum areas and its inhabitants. 4. The Petitioner from the Assessment Year 200304 onwa...
TVS Motor Company Limited and Others Vs. The State of Maharashtra, at ...
Court: Mumbai Nagpur
Decided on: Oct-28-2014
Oral Judgment : 1. This application under Section 482 of the Criminal Procedure Code is filed by the applicants, who are accused in Summary Criminal Case No.109 of 2013 pending on the file of learned Judicial Magistrate First Class, Mohadi. Accused No.1 is a Company known as M/s TVS Motor Company Limited. The applicants are facing trial for the offence punishable under Section 36(1) of the Legal Metrology Act, 2009. 2. The contention of the applicants is that they cannot be made vicariously liable for the alleged offence only because they are members of the Board of Directors of the Company. It is submitted by learned Senior Counsel Shri Sunil Manohar that there are no allegations of any nature against either of the applicants and it is contended that the prosecution against them is nothing but sort of abuse of process. 3. Learned Senior Counsel Shri Sunil Manohar has submitted that in fact the 'chain kit' on which mandatory declaration inclusive of all taxes is not mentioned has not b...
Syed Mumtaz Syed Moosa Vs. The Divisional Controller, Maharashtra Stat ...
Court: Mumbai Nagpur
Decided on: Oct-28-2014
1. Heard Shri B.M. Khan, the learned Advocate for the petitioner and Shri R.S. Charpe, the learned Advocate for the respondent. The petitioner-employee has filed this writ petition challenging the order passed by the subordinate Courts concurrently upholding the dismissal of the petitioner from the service. 2. The petitioner had been in the employment of the respondent-Corporation as driver since 1984. According to the petitioner, his record of service was good and unblemished till theincident which resulted in dismissal of the petitioner occurred. The petitioner was given charge-sheet dated 29th June, 1993 alleging that on 9th May, 1993 when the petitioner was driving the State Transport bus on Mangrulpir-Nanded route, an accident occurred with matador in which three passengers travelling in the matador died and 13 passengers travelling in the matador sustained injuries. According to the respondent-Corporation, the petitioner failed to maintain safe distance between the State Transpor...
Anusayabai Vs. State of Maharashtra, through the Secretary, Department ...
Court: Mumbai Aurangabad
Decided on: Oct-28-2014
R.M.Borde, J.: 1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2. Instant petition is presented by Sarpanch of Village Panchayat Walki, Tq. Hadgaon, District Nanded, on behalf of village panchayat, requesting for issuance of appropriate orders to the Respondents prohibiting holding of cattle bazar on every Thursday at Lyahari/Walki phata, Tq.Hadgaon, District Nanded, without issuance of prior license by Zilla Parishad, Nanded. 3. It is not a matter of dispute that cattle bazar is being held at village Walki, Tq. Hadgaon, since last more than 100 years. Petitioner has grievance in respect of holding of parallel cattle bazar at Lyahari/Walki Phata, which is at a distance of about 6 Kms on every Thursday. It is informed that cattle bazar is being held illegally in the land belonging to Respondent No.6 and at the instance of village panchayat Lyahari, represented by Respondent No.7 Sarpanch. 4. The petitioner has tende...
Bhawana and Another Vs. Navneet and Another
Court: Mumbai Nagpur
Decided on: Oct-28-2014
Oral Judgment: 1. Admit. 2. Heard finally by consent of the learned Counsel for the parties. 3. It is seen from the impugned order that an application for temporary injunction has been granted for two reasons. The first reason is that defendants No. 3 and 4, who are appellants herein, are refusing to perform specifically the agreement of sale entered into by defendants No. 1 and 2 in favour of the respondents. The second reason is that the appellants have sold part of the property, which conduct disclosed the intention of the appellants to meddle with the suit property during pendency of the suit that has been filed for permanent injunction and specific performance of the contract. 4. So far as the first reason is concerned, it relates to existence of prima facie case in favour of the respondents. However, it is submitted by learned Counsel for the appellants that in view of the law laid down by Hon'ble Apex Court in the case of Pemmada Prabhakar and others Vs. Youngmen's Vysya Associa...
Jaisingh Dhondiram Karpe Vs. The State of Maharashtra
Court: Mumbai
Decided on: Oct-28-2014
Oral Judgment: P.V. Hardas, J. 1. The Appellant who stands convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life by the Additional Sessions Judge, Court Room No.36, City Civil and Sessions Court, Greater Bombay by Judgment dated 26th October, 2005 in Sessions Case No.580 of 2002 by this Appeal, questions the correctness of his conviction and sentence. 2. Though the Judgment convicting and sentencing the Appellant is dated 26th October, 2005 the present Appeal was filed by the Appellant after a delay of more than 8 years. A Division Bench of this Court therefore, while admitting the Appeal on 24th October, 2013 directed listing of the Appeal by dispensing with the preparation of the Paper Book. This Court directed that the Appeal be listed for Final hearing in the week commencing from 9th December, 2013. In the light of the fact that the Appeal filed by the Appellant was filed after a delay of more than 8 years, hearing o...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »