Mumbai Court January 2015 Judgments
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J.B. Construction Company and Others Vs. Shiv Stone Industries and Ano ...
Court: Mumbai Nagpur
Decided on: Jan-05-2015
Oral Judgment: 1. Heard. 2. Rule. Rule made returnable forthwith. 3. Heard finally by consent. 4. It is not in dispute that the cheque bearing No.644280 dated 14.2.2013 in question was drawn on Karnataka Bank Ltd., Bilaspur, which was a drawee Bank. Though, the cheque was presented to a Bank situated at Nagpur, it was dishonoured by the drawee Bank at Bilaspur. Therefore, this is a case which is covered squarely by the Judgment of the Hon'ble Apex Court delivered in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another, reported in 2014(6) Mh.L.J. 404. 5. In paragraph 20 of the Judgment in the case of Dashrath, the Hon'ble Apex Court has observed that where the complaint case has not gone to the stage of Section 145(2) of the Negotiable Instruments Act, 1881, it would be necessary for the Court to return that case to the complainant for filing in appropriate Court in consonance with the exposition of the law made out in the Judgment. Therefore, this petition will ha...
United Shippers Limited Vs. The Assistant Commissioner of Income Tax C ...
Court: Mumbai
Decided on: Jan-05-2015
Oral Judgment: (G.S. Kulkarni, J.) 1. The petitioner has sought to question the legality of a notice dated 15.3.2007 issued by the Assessing Officer under section 148 of the Income Tax Act, 1961 (for short 'the Act') seeking to re-open assessment for A.Y.2000-01. There is also a challenge to the order of the Assessing Officer disposing of the objections raised by the petitioner to the re-opening of the assessment. As the reopening pertains to the A.Y.2000-01 the impugned notice is admittedly issued beyond a period of four years from the end of the relevant Assessment year. 2. For the Assessment Year 2000-01 the petitioner filed a return of income on 30.11.2000 declaring a total income of Rs.2,15,82,750/-. An order of assessment was made on 27.1.2003 under section 143 (3) of the Act by which the total income was determined at Rs.2,56,02,060/- after making certain disallowances. One of the partial dis-allowances was a deduction under section 33AC of the Act which was claimed by the petit...
Bharat Sanchar Nigam Ltd. Vs. Media Marketing Services (MMS)
Court: Mumbai
Decided on: Jan-05-2015
1. By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the said Act'), the petitioners have impugned the arbitral award dated 22nd January, 2013 directing the petitioners to pay an amount of Rs.17,07,517/- inclusive of interest and service tax with further interest of 24% on the said amount to be calculated as and by way of compound interest from the date of award till realization. The learned arbitrator has also awarded cost of Rs.2,35,000/- in favour of the respondents. Some of the relevant facts for the purpose of deciding this petition are as under :- 2. Prior to June 2007 the petitioners had entrusted the work of putting up advertisement on behalf of the petitioners to the respondents for a period of one year for display of route map in 12 cars in 50 local trains. The respondents agreed to avail the contract at the rate lower than which was fixed in the year 2006 and 2007 and agreed to accept the rate of Rs.10,500/- plus sales tax for ...
John V. Pereira, Khamamoll, Curchorem and Others Vs. Curchorem-Cacora ...
Court: Mumbai Goa
Decided on: Jan-05-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Ms. Norma Alvares, learned Counsel appearing for the Petitioner, Mr. D. Lawande, learned Counsel appearing for the Respondent nos. 2 to 6, Mr. Godinho, Advocate for the Respondent no. 7, Shri Lobo, learned Counsel appearing for the Respondent nos. 9 and 19, Mr. Nitin Sardessai, learned Senior Counsel appearing for the Intervenor no. 1, Mr. Ramani, learned Counsel appearing for the Respondent nos. 10, 13 and 20 and Shri Shirodkar, learned Counsel appearing for the Respondent no. 8. 2. The above Petition came to be filed in this Court on the ground that there is pollution in the Railway yard at Curchorem Railway Station in view of the transportation of mineral ore from different mining companies which were availing of the facilities of transport by railways. 3. During the course of the hearing of the above Writ Petition, the Respondent no. 7 was called upon to examine the level of pollution at such yards and make some recommendations to erase or er...
Chandrakant Amrutrao Shelar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-05-2015
P.C. 1. Heard the learned Counsel for the applicant and the learned APP for State. Perused the papers. 2. This is an application under Section 438 of the Code of Criminal Procedure, 1973. The applicant herein is apprehending his arrest in Crime No.174 of 2014 registered at Shivaji Nagar Police Station for offence punishable under Section 420, 406, 504 read with Section 34 of the Indian Penal Code on 12/9/2014. 3. It is the case of the prosecution that on 12/9/2014 Gaurav Sunil Khot, who was working as Assistant Manager of Shreya Equipment Finance Private Limited Company lodged a report at the police station alleging therein that one Shamrao Eknath Shelke, resident of Pune had purchased pock-land machine and rock beaker from the said company. He had informed the company that he is a private contractor and runs a proprietary firm in the name of Kalasagar Enterprises. The company sanctioned loan of Rs.61,54,500/- to Shamrao Shelke for purchasing the machine. An hire purchase agreement was...
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