Mumbai Court August 2014 Judgments
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Jayraj Devidas and Others Vs. Nilesh Shantilal Tank and Another
Court: Mumbai
Decided on: Aug-22-2014
1. This appeal is directed against the order and judgment dated 30th August, 2013 delivered by the learned Principal District Judge Thane allowing application filed by the respondents under section 9 of the Arbitration and Conciliation Act, 1996. The appellants have challenged the said orders on various grounds raised in the memorandum of appeal. 2. Mr.Madon learned senior counsel for the appellants however raises an issue of maintainability of application under section 9 of the Arbitration and Conciliation Act, 1996 itself filed by the respondents on the ground of the memorandum of understanding executed by and between the parties dated 6th August, 2008 being insufficiently stamped. Since both the learned senior counsel have addressed this court on this issue, without going into the other issues raised in the appeal memo and since decision on this issue will have bearing on the disposal of the appeal itself, I will deal with this issue raised by the appellants. Some of the relevant fa...
Avinash Gulabrao Mardikar Vs. Divisional Commissioner and Others
Court: Mumbai Nagpur
Decided on: Aug-22-2014
Oral Judgment: (Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Divisional Commissioner, Amravati Division, Amravati dated 16/06/2014 recognising the respondent No.3 as the leader of Nationalist Congress Party. Few facts giving rise to the writ petition are stated thus After the election to the Amravati Municipal Corporation was held on 16/02/2012, the election results were declared and 87 councillors were elected to the Amravati Municipal Corporation. Out of the 87 elected councillors, 17 councillors belonged to Nationalist Congress Party. The petitioner and the respondent No.3 had both contested the election on the ticket of the Nationalist Congress Party. After the elections, the Nationalist Congress Party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the fron...
Ravindranath S. Shelatkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-22-2014
P.C. 1. Heard Mr.Dalvi, learned counsel for the Applicant. Heard Mrs. Pai, learned Additional P.P. for the respondent - State. Heard Mr.Merchant, learned counsel for the intervener. 2. In view of the submissions of the learned counsel, admitted; and by consent, taken up for final hearing forthwith. 3. By consent, calling for record and proceedings dispensed with. 4. The applicant is the accused no.1 in NDPS Special Case No.48 of 2011, pending before the Special Court under the NDPS Act at Mumbai. The Applicant had made an application for discharge which came to be rejected. Being aggrieved thereby the applicant has approached this Court by filing the present Revision Application praying that the order rejecting his discharge application as passed by the learned Judge of the Special Court on 28th June, 2013, be set aside and that the applicant be discharged from the said case. 5. Though such a wide prayer for discharge has been made, in the course of hearing, the learned counsel for the...
Gulabrao Mardikar Vs. Divisional Commissioner and Others
Court: Mumbai Nagpur
Decided on: Aug-22-2014
Oral Judgment: (Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Divisional Commissioner, Amravati Division, Amravati dated 16/06/2014 recognising the respondent No.3 as the leader of Nationalist Congress Party. Few facts giving rise to the writ petition are stated thus After the election to the Amravati Municipal Corporation was held on 16/02/2012, the election results were declared and 87 councillors were elected to the Amravati Municipal Corporation. Out of the 87 elected councillors, 17 councillors belonged to Nationalist Congress Party. The petitioner and the respondent No.3 had both contested the election on the ticket of the Nationalist Congress Party. After the elections, the Nationalist Congress Party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the fro...
Murlidhar Vs. The State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Aug-21-2014
1. Appellant Murlidhar Namdeo Thite (hereinafter referred as 'accused') has been prosecuted in Sessions Case No.127/1996 before 2nd Adhoc Additional District and Sessions Judge, Shrirampur under Section 302 of the Indian Penal Code (IPC in brief), but came to be convicted under Section 325 of the IPC and has been sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.5000/-. In default of fine, he has been directed to suffer rigorous imprisonment for one year. Being aggrieved by the conviction and sentence, present appeal was filed. 2. The case of prosecution, in brief, is as under: (a) On 30.11.1995, Police Patil Vilas Dahatonde (P.W.1) of village Chanda, Taluka Newasa, filed F.I.R. with Police Station, Sonai. He reported that, the accused resides at the village with his family, which includes Vatsala (hereinafter referred as the 'victim'), who is his sister and who is crippled and has to crawl on floor to move. On that day of 30.11.1995, in the afternoon at ar...
Rakesh Malhotra and Others Vs. Rajinder Kumar Malhotra and Others
Court: Mumbai
Decided on: Aug-21-2014
G.S. Patel, J. 1. Is a dispute brought before the Company Law Board invoking the provisions of Sections 397, 398 and 402 of the Companies Act, 1956 at all referable to a private tribunal, viz., an arbitral panel for resolution? Does a decision of a foreign court on the question of whether a dispute is covered by an arbitration agreement bind the Company Law Board? These are among the questions of law canvassed in this group of appeals. A. STRUCTURE 2. The following table of contents is intended to serve as a guide to the structure of this judgment. A list of the authorities cited or referred is appended for convenience. A. Structure....................................................................................... 13 B. Summary....................................................................................... 15 C. The factual background................................................................20 I. The Super-Max Group.........................................................
Fairway Barge Operators Pvt. Ltd. Vs. JandL Marine Services
Court: Mumbai Goa
Decided on: Aug-21-2014
Oral Judgment: 1. Heard Shri Menino Pereira, learned Counsel appearing for the petitioner and Mr. E.O. Mendes, learned Counsel appearing for the respondent. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives notice. 3. Upon hearing the learned Counsel and on perusal of the record, the short point which requires consideration is, whether the learned Judge was justified to pass the impugned order dated 11th March, 2014, dismissing the application filed by the petitioner to lead secondary evidence? The learned Judge has passed the impugned order essentially on the ground that the petitioner has not explained the whereabouts of the originals of such documents. It is not disputed by Shri Mendes, learned Counsel appearing for the respondent that though the originals of such documents were not produced, nevertheless, the notarized certified copies of such documents were produced along with the plaint. The record also reveals t...
Ganpati Vinayak Achwal
Court: Mumbai
Decided on: Aug-21-2014
1. The petitioner had applied for heirship certificate under Rule-2 of the Bombay Regulation Act in respect of his father and his two uncles who had died Bachelors. All the three brothers have left immovable properties at Ambernath, Thane. The death of the father had taken place on 25th September, 1968 and the death of the uncles had taken place on 20th November, 1985 and 13th July, 1990. 2. The application had been filed by the petitioner through his son and Constituted Attorney. As per the prescribed procedure, citation and public notices were issued for calling objections from the public at large. No objection was received from anybody to resist the application. Despite the fact, the trial Court i.e. the Court of Civil Judge Senior Division, Kalyan rejected the application on two grounds. The first ground was bar of limitation under Article 137 of the Limitation Act and the second ground was physical incapacity of the petitioner to manage the properties. Being aggrieved by the decis...
Ravi Janardhan Chalmela Vs. State of Maharashtra Through its Secretary ...
Court: Mumbai
Decided on: Aug-21-2014
Oral Judgment: (Anoop V. Mohta, J.) 1. Heard the learned counsel appearing for the parties. 2. The Petitioner has challenged impugned order dated 28 November 2002 passed by Respondent No.2-Scrutiny Committee whereby, the Caste Claim of the Petitioner being Mannewar Scheduled Caste was rejected. 3. On 13 June 2001, the Petitioner was granted caste certificate in the prescribed format by Respondent No.3 after satisfying strict and stringent provisions contained in the Government Resolution dated 7 March 1996 issued by Respondent No.1. 4 The Petitioner is the student. Since the submission of caste validity certificate is the condition precedent for securing admission in the higher education after passing HSC (Science) examination, he moved Respondent No.2-Scrutiny Committee for verification of his caste certificate as belonging to Mannewar Tribe which is Scheduled Tribe, as the Petitioner intended to go in for Engineering Degree and/or Medical course during the academic year 2002-2003 and...
Parashram Shankar Khalkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-21-2014
Oral Judgment: 1. This Criminal Revision Application is filed against the judgment and order passed by the Additional Sessions Judge, Nasik, on 9 January 1997 in Criminal Appeal No.75 of 1993, dismissing the Appeal of the Applicant. 2. The Appeal had arisen out of the judgment of the learned Chief Judicial Magistrate, Nasik passed on 3 November, 1993. The learned Chief Judicial Magistrate convicted the Applicant for the offences punishable under sections 408 and 477-A of the Indian Penal Code. 3. The learned Additional Sessions Judge has dismissed the Appeal and had maintained the conviction and sentence of the Applicant. 4. The prosecution case was mainly based upon the evidence of an auditor. 5. The Applicant was working as a Secretary of Bhendali Vividh Karyakari Seva Sahakari Society. It is alleged that he did not maintain the accounts of the society properly and misappropriated the amount collected by him. Some of the amounts were shown spent but vouchers were not found during the...
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