Mumbai Court April 2016 Judgments
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Palm Grove Beach Hotels Pvt. Ltd. Vs. Royal Palms (India) Pvt. Ltd.
Court: Mumbai
Decided on: Apr-18-2016
1. The Plaintiff owns and operates a hotel in Mumbai s northwest beachfront suburb, Juhu. The Defendants own and operate the Palms Hotel at Goregaon, some 16 or 17 kms inland to the east. The two hotels are very different. The Plaintiff s establishment, one that has for some time been in a tie-up with the Ramada chain, does not pretend to be more than mid-range. The Defendants enterprise is far more ambitious, a five-star deluxe hotel that sits by a sprawling golf course, separately managed and run, called the Royal Palms. Mr. Kadam for the Plaintiffs does not, in fairness, dispute this difference when he makes his application for an injunction in trade mark infringement and passing off. He says, instead, that visitors to the Defendants establishment would be cast into a state of wonderment , and be led to believe that theirs is an upmarket (and decidedly shinier) venture by the Plaintiff. Mr. Parikh for the Defendants says there is no possibility of anyone, even one of less than avera...
Ramkrishna P. Kandolkar and Others Vs. Peter Paul D'Souza (since decea ...
Court: Mumbai Goa
Decided on: Apr-18-2016
1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioners are challenging the legality and correctness of the order dated 14.01.2015 passed by the Additional President, Administrative Tribunal, Goa, in Mundkar Revision Application No. 2 of 1996. 3. The petitioners are the legal heirs of original defendant nos.1 and 2 in the suit filed for eviction against the original defendants 1 and 2 and the respondents are the legal heirs of deceased original plaintiff. The respondents had sought vacant possession of House No. 43/9, Survey No.159/9 of village Candolim (hereinafter referred to as the suit house) vide Civil Suit No. 107 of 1970 instituted before the Court of Civil Judge, Senior Division, Mapusa, Goa. According to the petitioners, this suit was filed by the respondents out of grudge that respondents nurtured against the petitioners on account of the petitioners having lodged a criminal complaint under Section 295 of Indian Penal...
Reliance Infrastructure Limited and Another Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Apr-18-2016
G.S. Kulkarni, J. 1. Rule made returnable forthwith. By consent of the parties and at their request, heard finally. 2. By this petition under Article 226 of the Constitution of India, the Petitioners assail Regulation 44.2(d) of the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, 2011 (for short the Regulations ) which inter alia provides for the Gross Station Heat Rate (SHR) being a norm in operation of the Thermal Generation Station of the Petitioners situated at Dahanu. 3. In short the facts are: The 1st Petitioner has set up a thermal power station namely the 'Dahanu Thermal Power Station', generating 500 Mega Watt (mw) electricity through two units of 250 MW and thus is a generating as well as a transmission and distribution licensee, under a licence issued to it under Section 14 of the Electricity Act,2003. (for short the EA,2003 ). The 1st Petitioner commenced the operation of its first 250 MW unit on 1st July, 1995 and the second unit on January, ...
Sanchita Sunil Bhadani Vs. The Principal Ramrao Adik Institute of Tech ...
Court: Mumbai
Decided on: Apr-18-2016
G.S. Kulkarni, J. 1. The petitioner who is a student of the Engineering Course in the faculty of Information and Technology (for short the said Course ) being pursued at the Respondent No.1 Institution has filed this Petition under Article 226 of the Constitution of India, seeking a writ of mandamus against the Respondents for the following reliefs: (a) (i) allow the Petitioner to appear for the Viva Voce examinations for the sixth semester in the engineering course in the Information Technology faculty (CBGS) to be held on 18.4.2016 and the written examinations to be held on 10.05.2016; (ii) to direct the Respondents to declare results, issue mark sheets and allow the Petitioner in continue studies by giving admission in the seventh and thereafter in the eight semester in the engineering course in the Information Technology faculty (CBGS); 2. The Engineering Course in question is a four years degree course. Each year is divided into two semesters. On completion of her 12th Standard, ...
Mohit Vs. State of Maharashtra, thru its Secretary, Ministry of Irriga ...
Court: Mumbai Nagpur
Decided on: Apr-16-2016
P.C. 1. By this writ petition, the petitioners, who are Diploma and Degree-Engineers and who were appointed on contract basis for a period of 11 months by the Water Conservation Department of the State Government in the Vidarbha Region, in pursuance of the advertisement, dated 23/08/2013, have sought the regularization of their services. By an amendment to the writ petition, the petitioners have challenged the advertisement issued by the Irrigation Department of the State Government, dated 14/12/2015, so far as it advertises the posts on which the petitioners could be regularised. 2. With a view to implement the Vidarbha Intensive Irrigation Development Programme as per the Government Resolution dated 14/09/2012, the Water Conservation Department of the State Government issued an advertisement on 23/08/2013 inviting applications for appointment of Junior Engineers and Civil Engineering Assistants on contract basis. By the said advertisement, the Degree as well as Diploma-Engineers were...
Roger Franco and Another Vs. Leonara Fernandes
Court: Mumbai Goa
Decided on: Apr-16-2016
1. Rule. Rule made returnable forthwith. Mr. Pangam, learned Counsel waives service on behalf of the respondent. Heard finally, by consent of the parties. 2. By this petition, the petitioners are challenging the judgment and order dated 24.09.2013, passed by the Deputy Collector and S.D.O., Mapusa in Appeal No. DC/MND/MAP/APL/BAR-11/3/2011. By the impugned judgment, the application filed by the petitioners seeking leave to challenge the order of registration dated 14.05.1986, passed by the Joint Mamlatdar of Bardez, has been refused. 3. The brief facts are that the land bearing survey no. 175/19 of village Calangute, Bardez, Goa is subject matter of the ispute. According to the petitioners, the said land was belonging to their ancestors, Mrs. Rosalina Fernandes, who passed away in the year 1982. Rosalina had a son, Mr. Andrew Fernandes and two daughters, Mrs. Catherine Franco and Mrs. Pedrinha Pereira. Vicent Franco was the husband of Catherine Franco. Vicent Franco and Catherine Franc...
Rajesh Kanojia and Another Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Apr-16-2016
P.C. 1. This Application is moved by the applicants/accused for prearrest bail, as they are prosecuted for the offences punishable under sections 420 r/w. 120 of the Indian Penal Code. The offence is registered at C.R. No.270 of 2014 at Vakola Police Station at the instance of one Anthony Pathatu Joseph Pattatu, which was subsequently transferred to Economic Offences Wing, Mumbai Crime Branch bearing C.R. No.63 of 2014 2. It is the case of the complainant that he is an architect and builder by profession. In March 1984 he came across applicant/accused No.2 Sobhnath Sharma. He was owner of CTS No.4950(B) and 4950(B1) at Kolekalyan, Andheri. The complainant showed interest in purchasing the said property from the father of applicant/accused No.2. Thereafter the Agreement of sale was entered into with Rizwanulla Choudhary for consideration of Rs.1,05,000/- and possession was handed over to him. It was agreed that after development of the property, the purchaser would provide one flat and ...
Mangla Hospitality Limited Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Apr-16-2016
Oral Judgment: 1. With the consent of both sides, we take up the petition for final hearing. 2. This petition under Article 226 of the Constitution of India discloses as to how a innocuous request and from parties like the petitioner is not granted by the authority under the Maharashtra Land Revenue Code, 1966. 3. The facts which are undisputed are that there is a plot of land together with building standing thereon, more particularly described in para 3 of the petition. The petitioner points out as to how that land was leased under an indenture of lease dated 29th June, 1940 and registered on 11th July, 1940 under serial number 3077 executed by the Governor of Bombay referred to as the lessor and one Mr. Jhaverchand Nemchand Mehta and his wife Smt. Bai Shantagauri as lessees. These were styled as joint tenants in the said document. By another indenture of lease dated 23rd November, 1943 and registered on 29th February, 1944, the then Governor of Bombay referred to as lessor and the le...
Rajanigandha @ Rita Singh Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-16-2016
P.C. 1. This is an application for pre-arrest bail. The applicant is apprehending arrest in CR No.484/2015 registered with Khar Police Station, Mumbai under Section 370(3) read with 34 of the Indian Penal Code and under Section 3, 4, 5, 6, 7(1)B of the Immoral Traffic (Prevention) Act and under Sections 4, 10 and 12 of the Protection of Children from Sexual Offences Act. 2. This is the second application of the applicant for pre arrest bail. The earlier application for pre-arrest bail bearing Anticipatory Bail Application No.1641 of 2015 was dismissed by this Court by its order dated 6.1.2016. The said application was dismissed solely on the ground that in the present crime it was alleged that a minor girl was forced in the vocation of prostitution and after taking into consideration the fact that the allegations against the applicant are very serious in nature, the earlier application was dismissed. 3. The present application has been filed by the applicant in view of the change in ci...
Chaya and Another Vs. Superintendent of Police, Gadchiroli and Others
Court: Mumbai Nagpur
Decided on: Apr-16-2016
B.P. Dharmadhikari, J. 1. By this petition filed under Article 226 read with Article 21 of the Constitution of India, the petitioner - wife of the deceased and his brother claim a direction to Respondent No.3 - Central Bureau of Investigation (CBI) to carry out investigation into the death of Biju Maharu Kolla and to submit a report to this Court. A direction to register First Information Report (FIR) against the concerned Police officers who killed Biju, for offence under Section 302 of Indian Penal Code (IPC), is also sought. A mandatory compensation of Rs. One crore is also prayed for. 2. Petitioner No.1 is wife of the deceased - Biju while petitioner No.2 is his real brother. They state that Biju had purchased a Tractor on bank loan and used to let it out for agricultural work. At relevant time, his tractor was at work at village Kerkatta, at a distance of 25 kms from village -Vikaspalli where he and his family resided and had about 3 Acres of agricultural land. To supervise the wo...
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