Mumbai Court February 2014 Judgments
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Pankaj Unit No.1 Housing Development Company Private Limited and Anoth ...
Court: Mumbai
Decided on: Feb-05-2014
The Notice of Motion applies for a decree on admission. The facts of the case may be briefly set out as follows. 2 Plaintiff Nos. 1 and 2 are companies under Part IX of the Companies Act, 1956 incorporated as such upon conversion of two co-operative societies, which themselves came into existence on account of de-merger of Pankaj Co-operative Housing Development Society Ltd. (œPrincipal Society?). 3 Defendant No. 1 was the owner inter alia of land forming part of Survey No. 41 at Oshiwara in Mumbai, which was reserved as No Development Zone (œsuit property?). By a registered Deed of Lease of 17 September 1981, Defendant No. 1 demised the suit property unto the Principal Society for 98 years. Clause 6 of the Lease Deed provided that the Lessee shall have a right to purchase the reversionary rights in respect of the suit property from the Lessor at the rate of Rs. 9.95 per sq. ft. In 1981 and 1983 development agreements were entered into in respect of the suit property betwee...
M/S. Sawant Constructions and Another Vs. Guruchhaya Co-operative Hous ...
Court: Mumbai
Decided on: Feb-05-2014
Oral Judgment: [V.M. Kanade, J.] 1. Heard the learned senior counsel appearing on behalf of the Petitioners, learned counsel appearing on behalf of Respondent No. 1 and the learned AGP appearing for Respondent Nos. 2 and 3. The Petitioners are aggrieved by an order passed by the District Dy. Registrar, Co-operative Societies, Mumbai (3) i. e. Respondent No. 2 herein, dated 21st June, 2013, which was passed under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short œthe MOFA Act?), thereby issuing certificate of deemed conveyance in favour of Respondent No. 1 Society. 2. Rule. Rule made returnable forthwith. By consent of parties, matter is taken up for final hearing. 3. Brief facts, which are relevant for the purpose of deciding the petition, are as under: Petitioner is a partnership firm, duly registered under the Indian Partnership Act, 1932 and is carrying on business as a developer and ...
State (Through Public Prosecutor) Vs. Abdul Karim Hodur
Court: Mumbai Goa
Decided on: Feb-05-2014
The appeal is filed against the judgment and order of Criminal Appeal No. 76 of 2010 which was pending before the Assistant Sessions Judge, North Goa, Panaji. Sessions Court has acquitted the respondent of the offences punishable under Section 279, 304-A of I.P.C. The respondent was convicted and sentenced for these offences by the learned Judicial Magistrate First Class, Ponda in Criminal Case no.11/S/2009/C. 2. Both the sides are heard. 3. In short, the facts leading to the institution of the appeal can be stated as follows:- The accident took place on 3.6.2008 at about 18.10 hours near Vijay Shaw Mills situated at Bhoma, Banastari -Ponda road. The truck bearing No. GA-01-W-6555 was being driven by the respondent and he was proceeding towards Ponda. The scooter of the complainant was also proceeding towards Ponda side. The accident took place when the scooter was ahead of the truck. It is the allegation of the rider of the scooter, the complainant that the dash was given to his scoot...
Pankaj Yashwant Chaudhari and Others Vs. the Joint Charity Commissione ...
Court: Mumbai Aurangabad
Decided on: Feb-05-2014
1. Heard. Admit. By consent heard finally at admission stage. Record and proceedings received. 2. The appellants in Appeal No.1633/2012 filed Application No.11/2011 under section 47 of Bombay Public Trust Act, 1950 for their appointment as trustees. Similar application was preferred by Arun Dattatraya Mahale and others being Application No. 9/2011 before Joint Charity Commissioner (for short 'Jt. C.C.') under section 47 of Bombay Public Trust Act. The appellants in First Appeal No.1728/2012 were intervenors in two applications referred above opposed Application Nos.9/2011 and 11/2011 and from their group, two persons were nominated as trustees by the Jt. C.C. 3. Grievance is, the Jt. C.C., Nashik Division, Nashik did not follow the procedure contemplated under section 47 of the Trust Act and based on assumptions and presumptions, entertained Application No.9/2011 with two intervenors in appointing trustees. The appellant - Vilas and others assert that they are native of village Chimtha...
Mukesh Chandrashekhar Kumaran Vs. Suman Vitthalrao Ikhankar and Others
Court: Mumbai Nagpur
Decided on: Feb-05-2014
Oral Judgment: Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. The challenge in this petition is to the order dated 2nd May, 2013, passed below Exh. 17 in Regular Civil Suit No. 451/2013 by the learned 4th Joint Civil Judge, Junior Division, Nagpur. The learned Judge of the trial Court has allowed the application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as œthe said Act'), and has directed the plaintiff to take steps to refer the present matter to the arbitrator as per the provision of the said Act. The court has held that in view of the arbitration clause contained in the agreement dated 16.11.2007, the civil court has no jurisdiction to entertain, try and decide the suit. 3. There is no dispute that a deed of partnership was entered into between the plaintiff and the defendant No.1 on 09.09.2005, which was subsequently amended on 16.11.2007 by executing separa...
Evershine Greens Cooperative Housing Society Ltd. Vs. Nikhil Gupta
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Feb-05-2014
Dhanraj Khamatkar, Member: [1] This appeal filed by the Appellant/original Opponent “ M/s. Evershine Greens Cooperative Housing Society Ltd. (hereinafter referred to as the Society for the sake of brevity) takes an exception to an order dated 07/10/2011 passed by the Mumbai Suburban District Consumer Disputes Redressal Forum in Consumer Complaint No.416 of 2010, Mr. Nikhil Gupta Vs. Evershine Greens Coop. Hsg. Society Ltd. [2] Facts leading to this appeal can be summarized as under:- Respondent/original Complainant “ Mr. Nikhil Gupta (hereinafter referred to as the Complainant is a Member of the Society and Society had provided to the Complainant a facility of cascade parking on the basis of undertaking furnished by the Complainant and the Society charged an amount of Rs.1,800/- per month for providing cascade parking facility to the Complainant. It is the contention of the Complainant that he was regularly paying these charges to the Society. It is the allegation of the C...
Aayakar Bhavan, Mumbai Vs. Dena Bank, Mumbai
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-05-2014
Sanjay Arora, A. M.: 1. This is a set of four Appeals, being cross appeals for assessment year (A.Y.) 2007- 08 and an appeal by the Revenue for A.Y. 2005-06, challenging the appellate orders by the first appellate authority for the relevant years, and another appeal by the assessee contesting the revision order u/s.263 in respect of its assessment for A.Y. 2007-08. The appeals raising common issues were listed for hearing and, accordingly, heard together, and are being disposed of vide a common, consolidated order. We shall proceed year wise. Revenue's Appeal (in ITA No.3821/Mum/2009 for A.Y. 2005-06) 2. The only issue in the Revenue's appeal for this year is the allowance of deduction u/ss. 36(1)(vii) and 36(1)(viia) of the Act. The matter was argued before us as covered by the decision by the apex court in the case of Catholic Syrian Bank Ltd. vs. CIT [2012] 343 ITR 270 (SC), having been since followed by the Tribunal in the assessee's own case for A.Y. 2006-07 (in ITA No.2731/Mum/20...
National Insurance Co. Ltd. Vs. M/S. Maruti Care Point and Others
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Feb-05-2014
R.C. Chavan, President: This appeal is directed against the order passed by the District Consumer Disputes Redressal Forum at Satara allowing consumer complaint no.367/2001 and directing appellant Insurance Company to pay a sum of Rs.2,36,023/- with interest @ 9% p.a., Rs.5,000/- towards compensation and Rs.2,000/- towards the costs. The facts which are material for deciding this appeal are as under:- Appellant had provided an insurance cover to respondent no.1/ original complainant-M/s.Maruti Care Point for the machinery of the company for a period from 30/06/2000 to 29/06/2001. Value of the policy was Rs.9,50,000/-. On 24/09/2000 in an accident, an equipment worth Rs.2,73,000/- was damaged. Complainant lodged the claim with the Insurance Company which repudiated the claim observing that the damage occurred in shop no.68 for which insurance cover was not provided. The complainant therefore approached the District Forum by filing a complaint. Appellant opposed the complaint contending ...
Vidya Vardhini, Thane Vs. Department of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-05-2014
Sanjay Arora, A. M.: 1. This is an Appeal by the Revenue agitating against the Order by the Commissioner of Income Tax (Appeals)-I, Thane ('CIT(A)' for short) dated 29.06.2012, partly allowing the assessee's appeal contesting its assessment u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 ('the Act' hereinafter) for the assessment year (A.Y.) 2007-08 vide order dated 31.12.2010. 2. Explaining the background facts of the case, it was submitted by the ld. Authorized Representative (AR), the assessee's counsel, that the assessment in the instant case was framed on the basis and the premise that the assessee is not registered u/s.12AA of the Act, and is thus not liable to be recognized as a charitable institution under the Act. 2 The assessee's appeal against the withdrawal of its registration as a charitable institution under the Act stood disposed of by the tribunal (in ITA No.6509/Mum/2007 dated 14.05.2010/PB pgs.5-14) by restoring the matter back to the file of the competent authority...
Johnson and Johnson Limited Vs. Commissioner of Income Tax-ltu
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-05-2014
B.R. Mittal, JM. Assessee has filed this appeal against order of Assessing Officer dated 27.10.2010 passed u/s 143(3) r.w.s.144C(13) of the Income Tax Act, 1961 (the Act). 2. Brief facts giving rise to this appeal are that assessee is an Indian Company and it is a subsidiary of Johnson and Johnson Inc. US who is holding 75% shares and the balance 25% are held by Deputy Medical Private Limited, India. The assessee-company is dealing in various products which are either manufactured by assessee or traded on account of local purchases or foreign purchases. 3. Before we proceed to adjudicate this appeal, we consider it relevant to state that, we heard the appeal on 14.10.2013. However, while going through the order of TPO, it was observed that TPO in his order for the assessment year under consideration and while suggesting adjustments to be made in respect of the payment of royalty by the assessee on technical know-how as well as brand usage etc stated that similar disallowances were also...
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