Mumbai Court December 2014 Judgments
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Rajesh Krishna Kale Vs. State of Maharashtra, through Secretary, Depar ...
Court: Mumbai Nagpur
Decided on: Dec-23-2014
P.R. Bora, J.1. Rule. Heard forthwith by consent of parties.2. Order dated 20th February 2014 passed by the Nagpur Bench of the Maharashtra Administrative Tribunal (hereinafter referred to as the Tribunal) in Original Application No. 188 of 2013 is questioned in the present petition.3. The present petitioner was appointed as Police Patil for village Waghbodi, Post Gunthara, Tahsil and District Bhandara vide appointment order dated 5.2.2013 issued by the Sub-Divisional Officer, Bhandara. Respondent no. 4 herein challenged the appointment of the petitioner on the post of Police Patil for said village by filing Original Application before the Tribunal. Vide impugned order, the Tribunal has allowed the said application by setting aside the appointment of the present petitioner on the said post.4. Mr S. Borkar, learned counsel appearing for the petitioner submitted that on an erroneous interpretation of the Government Resolution dated 7.9.1999, the Tribunal has set aside appointment of the ...
NEO Path Ltd. Vs. Director of Income-tax-X9 (II)
Court: Mumbai
Decided on: Dec-22-2014
1. Our order dated 10th December, 2014 put the parties to notice that this Petition would be disposed of finally at the stage of admission on 27th December, 2014. 2. This Petition under Article 226 of the Constitution of India takes exception to the order dated 30th April, 2014 passed by the Authority for Advancing Ruling Income Tax [the Authority]. By the impugned order dated 30th April, 2014, the Authority declined to entertain the Petitioner's application for Advance Ruling by holding that the application seeking an Advance Ruling is in respect of a transaction designed prima facie for tax avoidance in terms of Section 245 -R (2)(iii) of the Income Tax Act, 1961 (the Act). This primarily on the basis of the revenue's stand that two Indian residents namely one Mr. Dhruv Khaitan and Mr. Piyush Khaitan (Indian residents) are the ultimate beneficiaries of the sale of the shares by the Petitioner. 3. The basic grievance of the Petitioner to the impugned order dated 30th April, 2014 is th...
Arun Vs. State of Maharashtra through its Secretary, Department of Edu ...
Court: Mumbai Nagpur
Decided on: Dec-22-2014
R.K. Deshpande, J. 1. All these matters are placed before this Full Bench by a common order of reference dated 1-10-2013 passed by the Division Bench of this Court (Smt. Vasanti A. Naik and Shri A.S. Chandurkar, JJ.) to consider and decide the following questions: "1) Whether the relief of protection of service after invalidation of the caste claim can be granted by the High Court on the basis of the judgment of the Hon'ble Supreme Court in Kavita Solunke Vs. State of Maharashtra and others 2012(8) SCC 430? 2) If the answer to question No.1 is in the affirmative, can such relief of protection of service be granted by the High Court in a case where the same relief has been earlier refused by the High Court?" 2. The reason for framing question No.1 is that there is conflict of views taken by the different Division Benches of this Court upon consideration of the decision of the Apex Court in the case of Kavita Solunke v. State of Maharashtra and others, reported in (2012) 8 SCC 430. One l...
Crompton Greaves Ltd. Vs. Assistant Commissioner of Income-tax, Circle ...
Court: Mumbai
Decided on: Dec-22-2014
M.S. Sonak, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner questions the assumption of jurisdiction by the Commissioner of Income Tax [Circle 6(2)], Mumbai under Sections 147 and 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") by issuing notice dated 29 March 2006 as well as the consequent Reassessment Order dated 26 December 2006. 2. The brief factual matrix, in which the petition came to be filed, is set out hereafter : (A) The relevant Assessment Year is 1999-2000; (B) Vide a Scheme sanctioned by the Board of Industrial and Financial Reconstruction (BIFR) on 16 April 1999, Punjab Power Generation Machines Ltd. ("PPGM") amalgamated with the petitioner with effect from 1 April 1997. The final accounts of the petitioner for the year ended 31 March 1998 were approved by its Board on 14 May 1999. Similarly, the final accounts of PPGM were also approved by the Board on 11 March 1999. PPGM also made necessary declaration under S...
Balu Fula Deore Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-22-2014
P.C. 1. By this application charge-sheeted accused No.2 in the charge-sheet submitted by Nandgaon police station for commission of the offences punishable under Sections 302, 201, 120(B) read with 34 of Indian Penal Code has prayed for bail. Applicant has been charge-sheeted accordingly by the said police station as a result of investigation of C.R. No.15 of 2014 registered with the said police station on 26-01-2014 upon F.I.R. lodged by one Bhima Tambe after he noticed dead body lying in his farm. 2. The perusal of the charge-sheet reveals that the applicant is charge-sheeted accordingly on the accusation of himself having entered in a criminal conspiracy along with accused No.1 for committing murder of one Ravsaheb Kadam i.e. husband of accused No.1 and for achieving the object of said conspiracy both of them having murdered said Ravsaheb by strangulating him and throwing his corpse in the field of first informant. 3. The learned counsel for the applicant pressed the prayer for bail ...
The Couriers Association of India Vs. The Union of India and Others
Court: Mumbai
Decided on: Dec-22-2014
A.A. Sayed, J. 1. The above Writ Petition filed under Article 226 of the Constitution of India seeks the following reliefs:- a) that a writ, directions or order in the nature of mandamus be issued to Respondent No.2 directing him to withdraw the Office Note dated 28.07.2014 and restraining him from stopping the clearance of the import and export consignments of the Courier Companies on the pretext of the authorized signatory of Courier Companies not holding the 'F' card, 'G' Card or Kardex Number and not having passed the examinations referred to in CHALR 2004. b) that a writ, directions or order in the nature of mandamus be issued to Respondent No. 6 directing him to make suitable and appropriate amendments to the Courier Regulations to make it self contained and free from the provisions of CHALR 2004 or CBLR 2013 or any other set of Regulations not connected with Courier Regulations. c) that a writ, directions or order in the nature of mandamus be issued to Respondent No. 7 directing...
Vivek Allahbadia Vs. Nisha Vivek Allahbadia
Court: Mumbai
Decided on: Dec-22-2014
Oral Judgment: (A.K. Menon, J.) 1. By this common judgment we dispose of Family Court Appeal Nos.143/2012 and 144/2012 and all Civil Applications pending therein. In the Appeal No.143 of 2012 the Appellant husband (for brevity referred as "Appellant") challenges the judgment dated 21st August, 2012 passed in M.J. Petition No.A-102 of 1999 filed by him for divorce. By the said judgment the Family Court dismissed his petition seeking divorce on the grounds of cruelty and custody of child Sidharth was retained with the Appellant till he became a major without any restrictions on the child visiting the Respondent wife (for brevity referred as "Respondent"). The Appellant claimed an injunction against the Respondent mother ordering her from removing the child from the jurisdiction of the Court which was also dismissed. As on date the child has attained majority and is presently staying with the Appellant. Hence we are not required to look into the aspect of custody. 2. In Appeal No.143 of 2...
Shobhagmal Bankatlal Maloo and Others Vs. The State of Maharashtra and ...
Court: Mumbai
Decided on: Dec-22-2014
1. The applicants in Criminal Application Nos.696 to 715 of 2014 are facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act in Summary Criminal Case Nos.924 of 2013, 925 of 2013, 926 of 2013, 1205 of 2013, 1214 of 2013 to 1219 of 2013, 1094 of 2013, 1098 of 2013, 1097 of 2013, 1096 of 2013, 1095 of 2013, 1271 of 2013 to 1274 of 2013 and 1257 of 2013 respectively pending before the Judicial Magistrate First Class, Kolhapur. Respondent No.2 - Priyadarshani Polysacks Limited is the complainant in all the complaints. The complaints have been filed by one of the directors of the complainant. As far as applicants are concerned, the role attributed to them is described in paragraph 2 of the complaint.Paragraph 2 of the complaint can be reproduced as under:2) That accused No.1 is a company registered under Companies Act, accused No.2 is the managing director of the company while accused No.3 to 13 are directors of the company while accused No.14 is the secr...
Sanjay Vs. State of Maharashtra, through its Secretary, Ministry of Po ...
Court: Mumbai Nagpur
Decided on: Dec-22-2014
Oral Judgment: (A.B. Chaudhari, J.) 1. Rule. Rule is made returnable forthwith. Learned AGP Ms. Deshpande waives service on behalf of respondent nos. 1 and 4, and learned Adv. Mr. S.V. Purohit, Adv., for respondent nos. 2 and 3. With the consent of rival parties, this Writ Petition is taken up for final hearing. 2. By the present petition, the petitioner seeks quashing of impugned order dated 15th February, 2014, by which, his selection to the post of Asstt. Electrician was cancelled. 3. In support of the Writ Petition, the learned counsel for the petitioner vehemently argued that the petitioner belongs to Scheduled Caste. He applied for the post pursuant to the advertisement that was issued for filling the vacant posts in the districts of Nagpur, Aurangabad, Jalgaon etc., in the State of Maharashtra on the establishment of the Maharashtra State Electricity Distribution Co., Ltd. He applied in the category of Scheduled Caste by making an on-line application on 19th June, 2012. He was c...
In the matter of M/s. Akola Oil Industries Limited â In Liquidati ...
Court: Mumbai Nagpur
Decided on: Dec-20-2014
Oral Order: 1. These reports are filed by the Official Liquidator appointed over M/s. Akola Oil Industries Ltd. for confirmation of auction sale held on 9-11-2012, as per the notice issued pursuant to an order dated 13-4-2012 passed by this Court. The advertisement contained invitation of bids for 39 properties on as is where is basis and as is whatever basis. In the auction conducted on 9-11-2012, the highest bids in respect of all the properties are accepted, subject to confirmation of sale by this Court in terms of the order dated 13-4-2012. 2. On 15-2-2013, this Court passed an order as under: For the reasons stated in the report the highest bidders are required to deposit the balance amount of the bid price. The O.L.R., therefore, to issue the communication to each of the bidder on the address given by him specifying the exact amount which is required to be deposited. Upon receipt of such notice/intimation in writing, the bidders shall deposit the amount to specified in the notice...
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