Mumbai Court November 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.
Mukesh Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Nov-05-2014
1. The petition is filed to challenge the order made by the learned Additional Sessions Judge in Criminal Appeal No.4/2011. Application at Exhibit 25 was filed by the present petitioner, appellant for giving permission to him to lead evidence in appeal under the provisions of section 391 of the Code of Criminal Procedure. This application is rejected. 2. This Court heard the learned counsel for the petitioner. With the petition record like copy of judgment and order of the learned Judicial Magistrate, First Class, Dhule on R.C.C. No.30/2007 which was filed against the petitioner is produced and copy of order and some record like copy of so called no dues certificate, death certificate of the father of the petitioner is produced. 3. The aforesaid case was filed against the petitioner by police for offences punishable under sections 406, 418, 420, 468 of the Indian Penal Code. The learned Judicial Magistrate convicted the petitioner for offence punishable under sections 406 of the Indian...
Jagdish Amritlal Karia and Another Vs. The Bombay Municipal Corporatio ...
Court: Mumbai
Decided on: Nov-05-2014
1. These four first appeals were heard together and are being disposed of by a common judgment as the points involved therein are common. Some of the relevant facts for the purpose of deciding these appeals are as under :- 2. By an indenture of lease dated 28th February 1921 between the trustees for the Improvement of the City of Bombay a Corporation constituted under the City of Bombay Improvement Act, 1898 and one Mr.Mohamed Abba Juma, the said board granted the said Mr.Mohamed Abba Juma a lease of the premises i.e. lease of the land containing an area of 5722 sq.yards or thereabouts together with the buildings and structures standing thereon situate on and being plot no.4 of the East Agripada (North) bearing Industrial Survey No.1964 of Byculla Division and bearing E Ward Nos. 7411(1) (2) and for the term of 99 years commencing from 1st day of December 1915 on the terms and conditions setout in the said indenture of lease. 3. By an indenture of wakf dated 6th March 1933 between the ...
Kannan Vishwanath Vs. SICOM Limited
Court: Mumbai
Decided on: Nov-05-2014
Oral Judgment: 1. By this notice of motion the plaintiff seeks a declaration that the pledge of shares dated 21st August, 2012 pursuant to the Modification of Loan Agreement dated 21st August, 2012 and 11th July, 2012 is void, illegal and contrary to securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009. The Plaintiff also seeks injunction against the defendant from selling, disposing alienating, transferring the pledged shares of the plaintiff pursuant to notice dated 9th September, 2014 and without giving reasonable notice to the plaintiff. The plaintiff has prayed for similar reliefs in the plaint also. Some of the relevant facts for the purpose of deciding this notice of motion are as under : 2. The plaintiff is a director cum promoter of Dr. Datson Labs Limited. Vide loan agreement dated 19th August, 2011 one M/s. Arch Pharmalabs Limited availed of loan of Rs.20 Crores by way of inter corporate deposit from the defendant. By loan a...
Aravind Shankar Manegaonkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-05-2014
1. All the three proceedings are filed under section 482 of Criminal Procedure Code (Cr.P.C.). In all the proceedings reliefs are claimed for quashing of the criminal cases filed against the applicants under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The prayer for setting aside the order of issue process is also made. The first proceeding is filed in respect of R.C.C. No.136/1999, presently pending in the Court of Chief Judicial Magistrate, Jalna. The second proceeding is filed in respect of R.C.C. No.69/1998 presently pending in the Court of J.M.F.C., Shripur, Dhule and the third proceeding is filed in respect of proceeding bearing No.80/2010 (Old R.C.C. No.1735/2001), presently pending in the Court of J.M.F.C., Aurangabad. Both the sides are heard. 2. In the first case, it is contended by the complainant that the applicant/accused was a dealer, agent of one company by name Corn Products at the relevant time and his work in...
Prabodh K. Mehta Vs. Charuben K. Mehta
Court: Mumbai
Decided on: Nov-05-2014
1. These appeals are directed against the order dated 20th July, 2013 passed by the City Civil Court dismissing the Charity Application filed by the appellant and allowing Charity Application filed by the respondent dismissing the appellant as trustee of Lilavati Kirtilal Mehta Medical Trust. 2. The facts that are material and relevant for the present case are as under: On 15th January, 2007 the appellant was appointed as a trustee of the Lilavati Kirtilal Mehta Medical Trust w.e.f. 15th January, 2007 for the period of 5 years. The appellant was allegedly convicted of an offence of moral turpitude by a Court in Belgium. On 28th April, 2008, the respondent filed an Application No. 5 of 1008 under Section 41D of the Maharashtra Public Trusts Act, 1950 before the learned Joint Charity Commissioner, Greater Mumbai seeking removal/dismissal/suspension of the appellant as a trustees on the ground that he was allegedly convicted of an offence involving moral turpitude by a Court in Belgium. 3...
Pandurang and Others Vs. Keru and Others
Court: Mumbai Aurangabad
Decided on: Nov-05-2014
1) Heard Mr. N.K.Kakade, learned counsel for appellants and Mr. N.v.Gavare, learned counsel for Respondents No.2 to 4 at length. 2) By this appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short, C.P.C.), the original plaintiffs and defendants No.1 to 3 have challenged the Judgment and Decree dated 4th May, 2013 passed by the learned Principal District Judge, Ahmednagar in Regular Civil Appeal No.231/2006. By that order, the learned District Judge allowed the appeal preferred by the defendants No.4 to 7. The plaintiffs' claim for partition, separate possession and declaration, that the sale deed dated 5th January, 1988 in respect of Gat No.162 executed by defendant No.1 in favour of defendant No.4, was nominal, bogus, illegal and not binding on the plaintiffs' share was dismissed. Consequently, the suit was also dismissed. The parties shall be referred as per their status before the Trial court. 3) The plaintiffs instituted the suit for partition and separate possess...
Dr. Prabhakar and Another Vs. State of Maharashtra and Another
Court: Mumbai Aurangabad
Decided on: Nov-05-2014
1. The first proceeding is filed under Section 482 of the Code of Criminal Procedure and under Article 227 of the Constitution of India. Relief to set aside the order of issue process made in Regular Criminal Case No.73/2011 is claimed and the relief of quashing of the proceeding filed as a complaint by the public servant, authority under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the Act") is claimed. The proceeding is pending before the Judicial Magistrate, First Class, Omerga, District Osmanabad and it is filed under sections 23, 25, 29 of the Act and under Rule 9(4), (6) and (8) of the The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereafter referred to as "the Rules"). Criminal Revision Application No.9/2011 was filed against the order of issue process by the petitioners in Sessions Court but the revision is dismissed by the Sessio...
Aravind Shankar Manegaonkar Vs. State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Nov-05-2014
1. All the three proceedings are filed under section 482 of Criminal Procedure Code (Cr.P.C.). In all the proceedings reliefs are claimed for quashing of the criminal cases filed against the applicants under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The prayer for setting aside the order of issue process is also made. The first proceeding is filed in respect of R.C.C. No.136/1999, presently pending in the Court of Chief Judicial Magistrate, Jalna. The second proceeding is filed in respect of R.C.C. No.69/1998 presently pending in the Court of J.M.F.C., Shripur, Dhule and the third proceeding is filed in respect of proceeding bearing No.80/2010 (Old R.C.C. No.1735/2001), presently pending in the Court of J.M.F.C., Aurangabad. Both the sides are heard. 2. In the first case, it is contended by the complainant that the applicant/accused was a dealer, agent of one company by name Corn Products at the relevant time and his work in...
Ravindra Vs. Imran Sayed
Court: Mumbai Aurangabad
Decided on: Nov-03-2014
1. The application is filed under section 378(4) of the Code of Criminal Procedure for seeking leave to file appeal against the judgment and order of Summary Criminal Case No.378/2012 which was pending in the Court of the Judicial Magistrate, First Class, Aurangabad. The learned Judicial Magistrate has acquitted he respondent of the offence punishable under section 138 of the Negotiable Instruments Act. Both the sides are heard. This Court has perused the relevant record. 2. The applicant, complainant, owns one house property and he has given the property to the respondent-accused under agreement of leave and licence. It is the case of the complainant that as against the licence fees, the cheque in question of Rs.38,000/- was given by the accused to him and this cheque bounced. The complainant followed the procedure laid down in the Negotiable Instruments Act and filed the complaint. Payment was stopped by the accused by giving instructions to the bank. 3. Before the Judicial Magistrat...
Sunil Gupta Vs. Union of India
Court: Mumbai
Decided on: Nov-03-2014
S.C. Dharmadhikari, J. 1. By this Writ Petition, under Article 226 of the Constitution of India, the Petitioner is seeking following reliefs: "a. The Hon'ble Supreme Court maybe pleased issue appropriate writ, order or directions for setting aside the impugned Show Cause Notice No. DRI/MZU/E/1/2008 dated 5.2.2009 in view of the fact that Respondent No. 3 is not a 'proper officer' in terms of Section 2(34) of the Act and, therefore, the Notice as well as the entire adjudication proceedings are non -est, otiose, nugatory, null and void ab initio as held by this Hon'ble Court in "Commissioner of Customs v. Sayed Ali, : (2011) 3 SCC 537" b. That this Hon'ble Court may further be pleased to issue an appropriate writ, order or directions, declaring the amendment to Section 28 of the Customs Act, 1962 by inserting clause (11), whereby, it provided "all persons appointed as officers of Customs under sub section (1) of section 4 before the sixth day of July, 2011 shall be deemed to have and alw...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›