Mumbai Court August 2015 Judgments
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Rashid @ Jagga Shaukat Hussein Sayyed Vs. The Commissioner of Police a ...
Court: Mumbai
Decided on: Aug-11-2015
G.S. Kulkarni, J. 1. By this petition under Article 226 of the Constitution of India the petitioner-detenu challenges the order dated 22nd September, 2014 passed by the 1st respondent in exercise of the powers under sub-section (2) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 (for short 'M.P.D.A.Act'). By the impugned order, the 1st respondent has directed that the petitioner be preventively detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. By an order dated 26th September 2014 the Government of Maharashtra has granted approval to the detention order dated 22nd September, 2014. By an order dated 14th May 2015 the 2nd respondent-State of Maharashtra in exercise of the powers conferred by sub-section (1) of section 12 of the M.P.D.A. Act has confirmed the order of detention dated 22nd September, 2014. 2. The facts on the basis of whic...
Chief Executive Officer, Zilla Parishad, Gondia and Others Vs. Ishward ...
Court: Mumbai Nagpur
Decided on: Aug-11-2015
Oral Judgment [Per A.B. Chaudhari, J.]: 1. Civil Application No. 1168 of 2015 is for condonation of delay in filing the Review Application, namely Misc. Civil Application St. No. 6997 of 2015 arising out of the Judgment and Order dated 27th January, 2015 passed by this Court in Writ Petition No. 4184 of 2014. 2. Heard. 3. Delay is condoned. Civil Application No. 1168 of 2015 is disposed of. ------ Misc. Civil Appln. St. No. 6997/2015 arising out of Writ Petition No. 4184 of 2015, decided on 27th January, 2015 AND Contempt Petition No. 129 of 2015 : 1. Rule. Rule is made returnable forthwith. Learned Adv. Mr. Parsodkar waives service for respondent no.1. Heard learned counsel for the rival parties. By consent of rival parties, this Misc. Civil Application [Review] St. No. 6997 of 2015 and Contempt Petition No. 129 of 2015 are taken up for final hearing and disposed of by this Judgment and Order. 2. This Review Application came up before us in view of the Counsel Note dated 14th July, 20...
The New India Assurance Company Limited Vs. Pramod and Another
Court: Mumbai Nagpur
Decided on: Aug-11-2015
1. This appeal is preferred against judgment and Award dated 19th April 2011 passed by the Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 25 of 2005 whereby the learned Member of the Tribunal awarded a sum of Rs. 19,20,000/- payable to the claimant as compensation inclusive no-fault liability amount awarded under Section 140 of the Motor Vehicles Act together with interest @ 8% per annum from the date of claim petition till realization. 2. Brief facts are that, claimant “ an engineering student while sitting pillion on the motor-cycle (bearing registration number MH-31-AZ-5939) driven by one Prajwal More was dashed by a truck bearing registration number MH-31/AP-6855 coming from opposite direction. Due to the impact, petitioner and his friend were thrown away on the road. Claimant Pramod received grievous injuries on vital parts of his body and was rendered disable for almost hundred percent for pursing his education as engineering student in B. E. Part-II...
People's Education Society Registered under the Societies Act, 1860, t ...
Court: Mumbai
Decided on: Aug-10-2015
1. This Appeal is concerned with the rejection of Change Report No.888 of 2003, filed on 26th February, 2003, to induct four persons as the members of Governing Body of the People's Education Society by the Deputy Charity Commissioner, Greater Bombay, Mumbai Region on 25th October, 2010. In Appeal No.30 of 2010 under Section 70 of the Bombay Public Trusts Act, 1950 (in short the said Act'), the learned Joint Charity Commissioner has confirmed the said order and dismissed the Appeal. The appellants moved an application before the City Civil Court at Greater Mumbai, being Charity Application No. 4 of 2012, under Section 72 of the said Act, which has also been dismissed on 3rd July, 2005. Hence this First Appeal which is in the nature of Second Appeal under Section 100 of the Code of Civil Procedure. 2. Before the lower Authorities, two questions were involved: (1) The validity of Resolution No.6 passed at Item No.8 in the meeting of the Governing Body of the Society, held on 20th Decembe...
Akla International and Another Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-10-2015
P.C. 1. Admit. Heard finally. 2. Heard learned counsel for the petitioner and learned A.P.P. for the State. 3. The applicant no.2 is the proprietor of applicant No.1. Both of them are accused Nos.1 and 2 in private criminal complaint filed by respondent no.2 in the court of J.M.F.C. Vashi vide Criminal Case No.1098 of 2013. The accused No.3 HPL Electrical and Power Limited are the manufacturers and suppliers of the electrical cable. The applicant No.1 was the authorised dealer of the said accused no.3 HPL. Respondent No.2 is electrical contractor and his work was in progress at Pancharatna Building at Jogeshwari. He had placed an order for supply of Fr PVC wires with accused No.3 HPL through accused No.10 Pradip Pawar. The applicant Nos.1 and 2 being authorized dealers of HPL, accepted order of respondent no.2 and the wires/cables were supplied. The cable was installed at the site at Pancharatna Building, Jogeshwari. There was an incident of fire which according to respondent no.2 was ...
M/s. Valpoi Valley Botanicals Pvt. Ltd. Vs. Anil Ashok Jaware
Court: Mumbai Goa
Decided on: Aug-10-2015
Oral Judgment: 1. By this appeal, the original complainant is challenging the acquittal of the respondent from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act, for short). 2. The brief facts are that the appellant, which is a Private Limited Company is dealing inter alia, in the business of sale of plants and supply of ornamental flowers. On 10.10.2010, the appellant had supplied to the respondent, cut Gerbera flowers worth Rs.91,020/- at his flower shop at Panaji. The respondent had issued a cheque of even date, drawn on Bank of India, Miramar Branch for Rs.91,020/-, towards the payment of price of the Gerbera flowers. When the said cheque was presented for encashment, it was returned dishonoured on account of insufficient funds. The appellant issued a statutory notice and thereafter, filed a complaint under Section 138 of the N.I. Act. At the trial, the appellant examined its representative, Mr. Rakesh Singh (PW-1) and produced certain do...
M/s. Jagati Publications Ltd. Vs. President, Income tax Appellate Trib ...
Court: Mumbai
Decided on: Aug-10-2015
N.M. Jamdar, J. 1. The president of the Income Tax Appellate Tribunal, on 5 March 2013 exercising his powers under Section 255(3) of the Income Tax Act, has constituted a special bench of three members to hear the appeal filed by the Petitioner. The Petitioner, by this writ petition has challenged this order of the president. 2. Before we proceed, it will be useful to advert to the legal provision regarding constitution of a special bench of the Income Tax Appellate Tribunal. The Central Government under Section 252 of the Income Tax Act, 1961 (the Act), is empowered to constitute an Appellate Tribunal to hear the appeals arising under the Act. The Appellate Tribunal consists of judicial and accountant members. The Central Government is also empowered to appoint a president and senior vice president. The Appellate Tribunal exercises and discharges powers through benches constituted by the president of the Appellate Tribunal as per Section 255 of the Act. Section 255 reads as under: "25...
Standard Chartered Bank and Another Vs. ICICI Lombard General Insuranc ...
Court: Mumbai
Decided on: Aug-10-2015
P.C. 1. This suit has been filed by the plaintiff to recover from the defendants various amounts claimed by the plaintiffs under an Export Credit Insurance Policy dated 14th June 2008, issued by the defendants in favour of the plaintiffs and State Trading Corporation, the applicant herein. Under the said policy, the defendant had covered the insured in the sum of Rs.175 Crores upon the terms and conditions mentioned therein. The insured mentioned in the said policy is State Trading Corporation of India Ltd., i.e., the applicant and joint insured is Standard Chartered Bank, New Delhi, the plaintiff. 2. For the purpose of this chamber summons, brief narration of the facts is required. The applicant operates, inter alia, as an intermediary or a cannalising agent for sale and marketing of gold jewelery and to facilitate and promote its export with foreign buyers. The applicant is a Government of India Enterprise, operating under Union Ministry of Commerce and Industry. 3. The applicant had...
Dattatraya Kundlik Patil and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-10-2015
P.C. 1. This application is moved for bail as the applicants/accused are facing charges under sections 307, 143, 147, 148 and 149 of the Indian Penal Code. The incident of assault has taken place on 22.6.2015 at around 10 pm at a petrol pump. One Prabhakar Siddha Pujari, who is the injured, gave information to the police that the applicant/accused Dattatray Patil called him at night and then he alongwith others started assaulting him. Applicant/accused No.1 lifted one plank and hit on the head of the complainant. They all started assaulting him with fists and kicks. As per his case, Dattatray Patil assaulted him thrice on his head with that the wooden plank. One unknown person hit him on his tibia bone. Thereafter, all the applicants/accused ran away. All the accused were arrested on 23.6.2015. Hence this bail application. 2. The learned Counsel for the applicants/accused has submitted that the applicants/accused are falsely implicated in this case. The applicants/accused are in the pr...
Dipak Digambar Naik and Others Vs. Bank of Maharashtra and Another
Court: Mumbai
Decided on: Aug-10-2015
B.P. Colabawalla J. 1. Hope springs eternal in the human breast? is the best way to describe this Petition. This Petition is one more attempt, in many, to try and stall the measures taken by the Respondent “ bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). For the reasons stated hereafter, we have no hesitation in dismissing this Petition and imposing heavy costs on the Petitioners. 2. In this Writ Petition, the Petitioners have assailed the order dated 12th March, 2015 passed by the DRAT, Mumbai in Appeal No.64 of 2014. This Appeal was filed by the Respondent “ Bank against the order dated 8th January, 2014 passed by the DRT, Pune under which Petitioner Nos.1 and 2 were allowed to redeem the secured property bearing Plot No.41, Ex-Servicemen Co-op. Society, CTS No.406, S.No.48/2, Paud Road, Village Erandwane, Pune, consisting of basement, ground, first and second floor ...
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