Mumbai Court October 2015 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
J.K. Education Society, Rani Kothi, Civil Lines, Nagpur, through its D ...
Court: Mumbai Nagpur
Decided on: Oct-05-2015
Oral Judgment : 1. In Complaint (ULP) No.614 of 2000, the Industrial Court, by its judgment and order dated 1-4-2009, has held that the petitioner-employer is engaged in an unfair labour practice under Item 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, the MRTU and PULP Act?). The direction is given to the petitioner-employer to cease and desist from such unfair labour practice. It is the further direction given to the petitioner-employer to grant benefits of the Government Resolution at Exhibit 40 dated 13-5-1999 to the complainants in their employment from the date of the said Government Resolution. This is the subject-matter of challenge in this petition by the original respondent in the said complaint. 2. The case of the complainants before the Industrial Court was that the complainants are Class-III and Class-IV employees of the petitioner-Society and are the workmen?, as defined under Section 3(5) o...
Magic Properties Private Limited Vs. Raj Pipla Co-operative Housing So ...
Court: Mumbai
Decided on: Oct-01-2015
Oral Judgment: 1. By consent of parties, both these arbitration petitions were heard together and are being disposed of by a common order. 2. In Arbitration Petition No.983 of 2014 filed by the petitioner, the petitioner has prayed for an order and direction against the respondent to comply with the order dated 2nd October, 2012 passed by the arbitral tribunal and various other interim measures. In Arbitration Petition No.1167 of 2014, the petitioner has prayed for an appointment of the Court Commissioner with a direction to inspect the building and the premises of the respondent to ensure compliance of the order dated 30th June, 2014 passed by this Court and further direction to render assistance of the police authorities to ensure compliance of the order dated 30th June, 2014 passed by this Court. Some of the relevant facts for the purpose of deciding both these arbitration petitions are as under: 3. The petitioner and the respondent had entered into a development agreement on 15th O...
Nilkanth Vs. The State of Maharashtra, Through its Secretary, Finance ...
Court: Mumbai Aurangabad
Decided on: Oct-01-2015
S.S. Shinde, J. 1. Heard. 2. Rule. Rule made returnable forthwith, and heard with the consent of the parties. The brief facts leading for filing the Writ Petition as disclosed in the Memo of the Petition are as under: 3. The respondent No.2 published an Advertisement bearing No.01/2014, inviting application to fill in the Class-III and IV posts. According to the said Advertisement, 3 posts of Junior Accounts Officer were to be filled in from reserved category. One post each from women and male [open category], and third one from reserved category. As per the relevant condition of the said advertisement, the candidate should possess graduation in any faculty as mentioned in the advertisement, and his age should not be more than 33 years. However, the candidate is having 5 years working experience in Government office or semi-Government offices or the candidate possessing post-graduate in Commerce faculty with the special subject of Accounting and Auditing shall be given preference for t...
Tata Capital Financial Services Ltd. and Others Vs. M/s Elder Pharmace ...
Court: Mumbai
Decided on: Oct-01-2015
1. These twenty four petitions seek winding up of the Respondent Company on the ground of inability to pay its debts under Sections 433 and 434 of the Companies Act, 1956 (the Act?). A brief statement of the respective claims in the petitions, which are not contested seriously on merits, may be noted as follows, before we consider the common defence to these petitions. 2. The debts of the respective Petitioners: 2.1. Company Petition No. 961 of 2014: 2.1.1. The Petitioners “ Tata Capital Financial Services Ltd., a non “ banking financial company, were subscribers to 150 Non - Convertible Debentures (˜NCDs™) issued by the Respondent in pursuance of a private placement offer for secured redeemable non “ convertible debentures of the face value of Rs. 10 Lacs each. The Petitioners made a total payment of Rs. 15 Crores towards these NCDs. The tenure of the NCDs was 5 years from the deemed date of allotment, i.e. 23 December 2010. The NCDs were to be redeemed i...
The Union of India, Through the Deputy Salt Commissioner Vs. Gulam Hus ...
Court: Mumbai
Decided on: Oct-01-2015
Oral Judgment: 1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard. 2. The writ jurisdiction of this Court is invoked against the order dated 28/10/2014 passed by the Reference Court i.e. the learned Civil Judge, Senior Division, Panvel by which order the following issue was framed: Whether the Opponent No.2 prove that the land in question belongs to the Government?? 3. The reference proceedings in question is LAR No.15 of 1996 which is pending in the said Court. The said reference proceedings have arisen out of the Award dated 30/07/1994 passed by the Special Land Acquisition Officer, Metro Centre No.(II), Uran wherein the SLAO has concluded that the Claimants are not entitled to claim any compensation. It is required to be noted that the land in question i.e. Survey No.199/0 admeasuring 25 Hec. 35 Ares “ 1 point was notified for acquisition for the public purpose of the New Town of Navi Mumbai vide Section 4 of the Land Acquisiti...
WIKA Instruments India Pvt. Ltd. Vs. Swati U. Nowgaonkar
Court: Mumbai
Decided on: Oct-01-2015
Oral Judgment: 1. By this writ petition, the Petitioner, WIKA Instruments Private Limited, challenges the judgment and award dated 14 November 2011, passed by the Labour Court, allowing the reference and holding that the termination of the Respondent effected on 17 April 2008 is illegal and that the Respondent is entitled to reinstatement with continuity of service and full back wages with effect from 17 April 2008. 2. The Petitioner is a Company registered under the Companies Act. The Respondent was appointed as a Receptionist-cum-Telephone Operator by an appointment letter dated 21 May 2007, with effect from 19 June 2007, on probation for a period of six months. She was working at the factory-cum-office of the Petitioner at Pune. The appointment letter stated that the probation period may be extended at the Company's discretion. During the probation period, her services were terminable by either side with 24 hours notice. It was stated that unless the Respondent was confirmed by orde...
Ravindra Babulal Jain and Another Vs. The State of Maharashtra, Throug ...
Court: Mumbai Aurangabad
Decided on: Oct-01-2015
P.R. Bora, J. 1. Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties. The applicants have filed the present application for quashment of the FIR lodged against them and Crime No.I-141/2012 registered against them on the basis of the said FIR at City Chowk Police Station, Aurangabad, for the offenses punishable under Sections 119, 167, 418, 468, 471 read with Section 34 of the Indian Penal Code, Section 13(1)(d) read with Section (2) of Prevention of Corruption Act and Sections 59 and 62 of the Bombay Stamps Act, 1958. 2. On 30.8.2012, Shri Bramhadeo Vasudeo Gawade, the then Deputy Superintendent of Police, Anti Corruption Bureau, Aurangabad, filed written report against the present applicants at City Chowk Police Station, Aurangabad, alleging that the present applicants, in connivance with Shri V.M.Made, the then in-charge Sub Registrar-II, Aurangabad, and Mrs. Kavita Pradip Kadam, the then Junior Clerk working in the office of Sub Registr...
Steel Authority of India Ltd. Vs. Nagpur and Wardha District Mathadi a ...
Court: Mumbai Nagpur
Decided on: Oct-01-2015
S.B. Shukre, J. 1. Heard. Rule, made returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the grievance raised by the petitioner is that the order dated 12/08/2011 passed by the respondent no.1 increasing rates of wages payable to Mathadi workers by 23% is arbitrary and that the respondent no.1 has failed to perform its duty in taking appropriate steps to make full and adequate utilization of Mathadi workers. 3. The petitioner is a Government Limited Company within the meaning of Section 617 of the Companies Act, 1956. It deals in manufacture and sale of steel and its allied products. For the purposes of marketing the steel products manufactured by it, the petitioner has established a Central Marketing Organization, having sales offices situated across India. One of its branch sale offices is situated at Nagpur. For the purpose of storing and warehousing the steel products, the petitioner has established a warehouse at village Butibori situated near Nagpu...
Popat Sitaram Godge Vs. The Registrar, Amrutwahini Udyog Sheti Va Shik ...
Court: Mumbai Aurangabad
Decided on: Oct-01-2015
Oral Judgment: 1. This matter was admitted by order dated 09.09.1999. I have gone through the petition paper book and I have considered the impugned order and the documents which form the part of the compilation. 2. The Petitioner has filed this petition on account of refusal of the School Tribunal in condoning the delay caused in preferring the appeal before the School Tribunal. The Application for condonation of delay Exhibit-2 has been rejected by the impugned order dated 04.07.1998. 3. It appears from the record that the Petitioner, who was terminated on 22.05.1994, has filed the appeal on 14.08.1997. On advise, he initially preferred the civil suit before the Civil Court for challenging his termination. Further, on advise, he had filed a complaint before the Industrial Court and subsequently has filed a writ petition before this Court. The School Tribunal has recorded these aspects. 4. It was stated by the Petitioner before the School Tribunal that after he realized that the juris...
Tulip Hotels Pvt. Ltd. and Another Vs. Trade Wings Ltd. and Others
Court: Mumbai Goa
Decided on: Oct-01-2015
1. By this revision application under Section 115 of the Code of Civil Procedure, the petitioners/original claimants are challenging the judgment and order dated 13/01/2015 passed by the learned Principal District and Sessions Judge, South Goa, Margao in Arbitration Application No.10/2013. By the impugned judgment the learned District Judge has dismissed the application thereby confirming an order dated 6/07/2013 passed by the learned Arbitrator upholding an objection raised under Section 16(2) of the Arbitration and Conciliation Act, 1996 ('The Act', for short) and thereby rejecting the claim filed by the petitioners. 2. The facts necessary for the disposal of the petition may be stated thus: That the petitioner no.1 is a company incorporated under the Companies Act, 1956 with its registered office at Mumbai. It is engaged in the business of running hotels and other activities in the hospitality industry since about 1997. The petitioner no.2 is the Chairman of the petitioner no.1. The...
- ‹ Prev
- 7
- 8
- 9
- 10
- 11
- 12
- 13
- 14
- 15
- 17
- Next ›
- Last »