Mumbai Court February 2014 Judgments
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Sheshrao Vs. Asaram
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
Oral Judgment: 1. Heard learned counsel for both sides. The revision application is admitted and taken up for hearing finally with the consent of both sides. 2. The present revision application has been filed by the petitioner“Judgment Debtor against order dated 23.10.2013, passed below Exh.14, under Section 47 of the Civil Procedure Code, 1908 (hereinafter referred to as CPC for short) in Special Darkhast No.6/2012 pending before the Civil Judge, Senior Division, Beed, rejecting the application of petitioner“ Judgment Debtor and holding that the execution petition was maintainable. 3. The case of the petitioner is that, between the parties there was Special Civil Suit No.13/2006 for partition and separate possession and in that matter compromise took place on 6.12.2007. As per clause 4 of the compromise, Judgment Debtor had to pay Rs.6 Lakhs to the respondent“Decree Holder before executing sale deed of the property concerned in favour of third party. It was stated in...
Executive Engineer, Minor Irrigation Department and Another Vs. Sushil ...
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. This appeal is preferred against the judgment and award delivered on 11th January, 2002, in Claim Petition No.348 of 1993 by the Member, Motor Accident Claims Tribunal, Nagpur. The respondent Nos.1 to 5 are the original claimants. They had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the loss occasioned to them by death of Bahoransingh, the husband of respondent No.1, and father of the respondent Nos.2 to 5, in the accident caused by rash and negligent driving of one water tanker truck bearing registration No.MTF-7022. At the time of accident, this truck was being driven by respondent No.6, who was in the employment of appellants and the truck was insured with the respondent No.7. The accident occurred at about 7.00 p.m. on 6.2.1993 near Ajani over bridge. In that accident, the said vehicle gave a dash to the bicycle rode by deceased Bahoransingh and his brother-in-law, Lekhan, who was a labourer. While Bahoran Sin...
Aroni Commercials Limited Vs. the Dy. Commissioner of Income Tax-2 and ...
Court: Mumbai
Decided on: Feb-11-2014
M.S. Sanklecha, J. Rule, returnable forthwith. By consent of the parties the petition is taken up for final disposal. 2) By this petition under Article 226 of the Constitution of India, the petitioner challenges the following:- a) A notice dated 28 March 2013 under Section 148 of the Income Tax Act, 1961 (œthe Act?) seeking to reopen assessment for the Assessment Year (œA.Y?.) 200809; b) The order dated 20 November 2013 passed by respondent No.1-Deputy Commissioner of Income Tax (œAssessing officer?) rejecting the petitioner's objection to reopening of assessment for A. Y. 2008-09; c) The assessment order dated 19 December 2013 passed by the Assessing Officer under Section 143(3) read with Section 147 of the Act for A. Y. 2008-09. 3) At the very outset, Mr. Chhotaray, learned Counsel for the respondent-revenue raises a preliminary objection to the petition viz. that as an Assessment Order dated 19 December 2013 has already been passed, the issue of challenge to reopen...
Executive Engineer, Minor Irrigation Department and Another Vs. Lekhan ...
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. This appeal is preferred against the judgment and award delivered on 11th January, 2002, in Claim Petition No.347 of 1993 by the Member, Motor Accident Claims Tribunal, Nagpur. The respondent No.1 is the original claimant. He had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the loss occasioned by him owing to his sustaining of serious injuries leading to his suffering from a permanent disability, in the accident caused by rash and negligent driving of one water tanker truck bearing registration No.MTF-7022. At the time of accident, this truck was being driven by respondent No.2, who was in the employment of appellants, and the truck was insured with the respondent No.3. The accident occurred at about 7.00 p.m. on 6.2.1993 near Ajani over bridge. In that accident, the said vehicle gave a dash to the bicycle rode by respondent No.1 and one Bahoran Singh. While respondent No.1, who was a labourer, suffered grievous in...
P.N. Writer and Co. Ltd. Vs. Rudra Finance Ltd. and Others
Court: Mumbai
Decided on: Feb-11-2014
P.C. : 1. The Chamber Summons is taken out by the Plaintiff for impleading the Respondents as party Defendants in the present suit and also to carry out amendments as per the Schedule annexed to the Chamber Summons. 2. The facts of the case may be briefly stated thus: 3. The Plaintiff has filed the present suit against the Defendant as a Summary Suit on the basis of an agreement contained in the Defendant's letter dated 9 November 2000 (Exhibit 'B' to the Plaint), by which the Defendant has agreed to pay the sum claimed to the Plaintiff. The Plaintiff had availed of Inter Corporate Deposits (œICD?) for the sums of Rs.5 crores from the Defendant on the security of pledge of 12,260 shares of Infosys Ltd. The Plaintiff paid back a sum of Rs.3 crores of ICDs over a period, against which 5050 shares (out of the 12,260 pledged shares) were released by the Defendant from the pledge, leaving a balance of 7210 shares. As of 9 November 2000, the balance of outstanding ICDs stood at Rs.2 cr...
Coromandel International Limited Vs. M.V. Glory I and Others
Court: Mumbai
Decided on: Feb-11-2014
1 The order and reliefs sought by the Plaintiff in this Notice of Motion are as under: (a) For an order and direction directing the 2nd Respondent to supply the 1st Defendant vessel and her crew, the 1st Respondents, with essential supplies and fuel, at the 2nd Respondents' cost and expense, from the date of the order till judicial sale of the vessel. (b) For, in the alternative to prayer (a), an order and direction directing the 2nd Respondents to share on a 50-50 basis, alongwith the Plaintiff, costs of such supplies as mentioned in prayer clause (a). (c) For an order and direction that the Plaintiff/2nd Respondents are entitled to recover such amounts paid by them towards provision of essential supplies and fuel to the vessel as a first claim and/or as sheriff's expenses from the 1st Defendant vessel and/or her sale proceeds and/or her owners, i.e., the 2nd Defendants. (d) For an order and direction that the Reserve Bid Price of INR 15 crores set by the Hon'ble Court for sale of the...
Saj Enterprises Vs. the Municipal Corporation of Greater Bombay and An ...
Court: Mumbai
Decided on: Feb-11-2014
Oral Judgment: (Anoop V. Mohta, J.) Rule, returnable forthwith. Ms Puranik for the Respondents waives service. Heard finally by consent of parties. 2. The Petitioner has invoked Article 226 of the Constitution of India and prayed for setting aside the tender condition regarding Financial Eligibility Criteria contained in the tender notice dated 20 January 2014 issued by the Respondent-MCGM in respect of operation and maintenance of dewatering pumps. 3. The sale of e-tender started from 20 January 2014. The Petitioner filed the present Petition on 03 February 2014 and on 05 February 2014 the matter was listed on board. The tender will be opened on 12.02.2014. We have not passed any ad-interim order. The contesting Respondent filed affidavit dated 11 February 2014 and pointed out that Packet A and B were opened on 05 February 2014 and on scrutiny it is observed that the Petitioner has quoted its bids for six numbers of groups and out of which they have fulfilled the pre-qualification cri...
Bhagwan Mahavir Primary School, Mahavir Nagar Circle Road, Through Its ...
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. This petition takes exception to the judgment and order dated 6.2.2012 passed by the School Tribunal, Amravati , in Appeal No.75 of 2001 filed by the respondent No.2 challenging his termination from service with effect from 31.3.2001. The School Tribunal has allowed the appeal, set aside the otherwise termination by accepting resignation of the respondent No.2 on 10.12.2000, and directed reinstatement with continuity in service and 25% of back wages. 3. The undisputed factual position is that the respondent No.2 was initially appointed as an Assistant Teacher for the period from 1.7.1997 to 30.4.1998. Thereafter, by issuing separate orders of appointment, the respondent No.2 was appointed for the period from 21.6.1998 to 30.4.1999, from 1.7.1999 to 30.4.2000, and from 1.7.2000 to 30.4.2001. While making the appointment of the respondent No.2 on all these occ...
Dr. Yogita Vinay theng Vs. Appropriate Authority, Dr. B.P. Baviskar
Court: Mumbai Aurangabad
Decided on: Feb-11-2014
Oral Judgment: 1. Heard Mr. D.B. Thoke, the learned Counsel for the petitioner. Heard Mr. P.P. More, the learned Additional Public Prosecutor for the respondent. 2. Rule. By consent, Rule made returnable forthwith. The learned Additional Public Prosecutor waives service on behalf of the respondent. By consent, heard finally forthwith. 3. The petitioner is the accused in Regular Criminal Case No. 220/2011, pending in the court of Judicial Magistrate (First Class), Chalisgaon [District : Jalgaon]. The case is in respect of offences punishable under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 [For short, "PCPNDT Act"] and the Rules framed thereunder. Evidence before charge is being adduced. Seven witnesses for the prosecution, before charge, have been examined. The complaint has been filed by one Dr. Baviskar. In the course of cross examination of the prosecution witnesses, the petitioner (hereinafter referred to as the "accused") raised...
National Insurance Company Limited, Civil Lines, Through Its Divisiona ...
Court: Mumbai Nagpur
Decided on: Feb-11-2014
Oral Judgment: 1. This appeal is filed against the judgment and award passed on 30th April, 2002 in Claim Petition No.757 of 1997 by the Motor Accident Claims Tribunal, Nagpur. 2. The present respondent Nos.1 to 4 had preferred Claim Petition under Section 166 of the Motor Vehicles Act, 1988 on account of death of Manoj son of respondent Nos.1 and 2 and brother of respondent Nos.3 and 4 herein. Death of Manoj occurred in a road accident which took place on 19th June, 1997 on Nagpur-Chhindwara Road, Near Koradi Tank. On that day, the deceased was proceeding by his Scooter bearing registration No.MP-28-3675 and as he reached a spot situated near Koradi Tank, one truck bearing registration No.MTG-2042, gave a dash to the Scooter of the deceased from behind and as a result deceased Manoj sustained injuries and died on the spot. The truck was owned by the respondent No.5 and insured with appellant. It was driven by the respondent No.6, against whom the present appeal has been already dismis...
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