Mumbai Court August 2016 Judgments
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Maganlal Savani and Another Vs. Multi Screen Media Pvt. Ltd. and Other ...
Court: Mumbai
Decided on: Aug-16-2016
Oral Judgment: 1. This is the Plaintiffs Motion for an injunction in an action for copyright infringement in respect of 15 cinematograph films. 2. The 1st Plaintiff, Maganlal Savani ( Savani ), is a well-known litigant in this Court, always as a plaintiff. As the following order shows, he has often litigated his claims as the owner of copyright in a quite extraordinary number of cinematograph films. The 2nd Plaintiff ( IFD ) is a limited company controlled by Savani and his family. Savani says IFD holds the sole and exclusive rights and licenses in respect of several films, the 15 films in suit among them. The Plaintiffs case is that by announcing a satellite broadcast of these 15 films, the Plaintiffs copyright has been infringed. 3. A look first at the array of Defendants. The 1st Defendant, Multi Screen Media Private Limited ( MSM ), claims to be entitled to rights in respect of all 15 films. It says it has acquired valid title to the copyright in these films from one or the other o...
Dr. Mahesh Vijay Bedekar Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-16-2016
Oral Judgment: (A.S. Oka, J.) OVERVIEW AND INTRODUCTION 1. These Petitions raise two issues of public importance. In PIL 173 of 2010, the issue is whether pandals/temporary booths can be allowed to be erected on streets and footways or foot-paths for celebrating the religious or other festivals. The contention of the Petitioner in PIL No.173 of 2010 is that such pandals/temporary booths cannot be allowed to be erected in such a manner that it will obstruct free flow of vehicular traffic on streets or it will obstruct free movement of pedestrians on footways or foot-paths. It is pointed out that in the cities in the State, such pandals and temporary booths are causing obstruction to vehicular traffic and movement of pedestrians. Such obstruction causes enormous inconvenience to the citizens apart from infringing their right to have roads and foot-paths in a reasonable condition. The second issue raised in PIL No.173 of 2010 and in other connected matters is about the failure of all the ...
Omprakash Ramdev Panwar Vs. Government Of India Through its Secretary, ...
Court: Mumbai
Decided on: Aug-16-2016
Anoop V. Mohta, J. 1. Heard the Petitioner, party-in-person and the respective advocates, by consent of the parties finally and noted the written submissions filed by the Petitioner. The Petitioner is not claiming any specific reliefs against his employer-Respondent No.5, Mazagon Dock Limited and Respondent No.1-Government of India, as he is already retired. He is not claiming any specific service related benefits, in this Petition. We are inclined to dispose of the present Writ Petition, restricting it to the prayers so made. 2. The Petitioner, a migrant, belongs to Hindu Khatik caste, which is a recognized Scheduled Caste (SC), in the Union Territory of Delhi, (The native State), has challenged order dated 18 June 2014 passed by the Divisional Caste Certificate Scrutiny Committee No.1-Respondent No. 4 (for short, the Committee ) whereby it is held that, the Petitioner has failed to prove that he belongs to Khatik SC as per the scheduled list of Maharashtra State as he was not a perma...
VSM Diamonds Pvt. Ltd. and Others Vs. Bharat Diamond Bourse
Court: Mumbai
Decided on: Aug-16-2016
CONTENTS A. Background............................................................................. 3 B. Facts....................................................................................... 8 C. The Plaintiffs Case on Facts .................................................18 D. The Public/Private Divide.................................................... 20 The ASCI Cases................................................................. 20 Nagle v Feilden................................................................... 22 Public Law v Private Law: Blurring Boundaries?.................. 29 E. The Public/Private Divide and the Limits of Judicial Interference ...............................................31 F. The BDB S Defence............................................................. 43 G. Conclusion And Order.......................................................... 50 A. BACKGROUND 1. The four Plaintiffs impeach the Defendant s notice dated 1st August 2015 communicating to...
Narayan G. Mahajan Vs. Maharashtra Housing and Area Development Author ...
Court: Mumbai
Decided on: Aug-12-2016
Oral Judgment: (G.S. Kulkarni, J.) 1. Rule, returnable forthwith. Respondent waives service. By consent of the parties, taken up for final hearing. 2. The Petitioner retired from the services of the Respondent as an Executive Engineer on 31.02.2011. The grievance of the Petitioner is to the impugned order dated 1.07.2011 which reads thus: With reference to the Office Note on page N-39 to N-40 ante, it appears that Shri Mahajan has been allowed to retire from the services subject to final outcome of the Criminal proceedings initiated against him. On this background, the issue regarding payment of his dues towards retirement benefits is arising. It is seen that Shri Mahajan has been convicted visavis collapse of cessed building situated at Saraf Manzil 57/57 Temkar Street, Nagpada, Mumbai. Thereafter it is pointed out that against the conviction order Shri Mahajan has preferred Appeal in the Hon. High Court and his Appeal is pending. On this background, the matter will have to be referre...
Maharashtra Urdu Shala Sangharsha Samiti and Others Vs. The State of M ...
Court: Mumbai Aurangabad
Decided on: Aug-12-2016
Sangitrao S. Patil, J. 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the petitioners and the learned A.G.P., heard finally. 2. The petitioners have taken exception to the Government Resolution dated 15th November, 2011, issued by the Department of School Education and Sports, Government of Maharashtra, Mantralaya, Mumbai whereby the minimum strength of the students in the last year of primary school and 10th standard of secondary school has been fixed as 30. 3. The learned counsel for the petitioners submits that the petitioners are the Minority Institutions running the schools in Urdu medium. According to him, the petitioners being Minority Institutions, the schools run by them are governed by the provisions of the Secondary Schools Code. As per Clause-III, Appendix-TWENTY-TWO of the Secondary Schools Code, the Minority Language Secondary Schools and the Schools in Tribal Areas are allowed to be opened on grant in aid basis for minimum average at...
Bharti and Others Vs. Lilaben
Court: Mumbai Nagpur
Decided on: Aug-12-2016
Oral Judgment: 1. The petitioners are the landlords who had filed Regular Civil Suit No. 303 of 2000 on 10.10.2000, seeking decree of eviction and possession of the suit premises, which is a shop block No. 4, located on ground floor of the building and occupied by tenant Shri Labhshankar Joshi, for carrying out the business under the name and style of Laxmi Trading Corporation. The eviction and possession was sought on two grounds i.e. (i) that the landlords require the suit premises for bonafide use and (ii) that there was non user of the suit premises without reasonable cause for more than six months immediately preceding the date of filing of the suit as contemplated by Section 16 (1) (n) of the Maharashtra Rent Control Act (hereinafter referred to as "the said Act"). 2. The trial Court passed a decree on 8th April, 2005, for eviction and possession against the respondent, the widow of Shri Labhshankar Joshi, the original tenant, who expired on 24th April, 1999. The tenancy was tran...
Vijaya Vs. The State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-12-2016
Oral Judgment: (G.S. Kulkarni, J.) 1. Rule, returnable forthwith. By consent of parties, heard finally. 2. The Petitioner, who is in the service of Zilla Parishad, Pune as a Pharmacist, has been transferred by an order dated 30 April 2016 annexed at page 25 of the paper-book from Primary Health Centre, Rahu, Taluka: Daund to the Primary Health Centre, Karla, taluka: Maval, District. Pune. The transfer order categorically records that the Petitioner should be relieved on 31 May 2016 after the office hours for enabling her to join at the transferred place and that the Petitioner should immediately join the post at Karla. Accordingly, the Petitioner, by her letter dated 31 May 2016 handed over the charge of her post at Rahu, taluka Daund. On 1 June 2016, the Petitioner reported at the transferred place. A letter to that effect is addressed to the Medical Officer, Primary Health Centre, Karla. 3. It appears that only because certain report of the Petitioner being relieved from Rahu was not...
Rajendra Sitaram Lakade and Others Vs. Returning Officer for the Elect ...
Court: Mumbai Nagpur
Decided on: Aug-12-2016
Oral Judgment : 1. Rule. Heard finally with consent of learned counsel for the parties. The challenge in the present writ petition is to the judgment of the trial Court in Election Petition No.4/2014 that was filed by the petitioners under Section 15(1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as the said Act). By the said judgment, the aforesaid election petition has been dismissed. 2. Facts found relevant are that in the elections held at Gram Panchayat, Inzhala, from Ward No.2 there were three categories of members were to be elected. These categories were reserved for Scheduled Caste (woman), General Category and Ladies (General Category). The petitioners contested the aforesaid elections from Ward No.2 and on declaration of results, they were held to have been defeated. Being aggrieved they filed an election petition under Section 15 of the said Act. In the said election petition it was pleaded that as the names of the contesting candidates in the e...
Everest Educational Society Vs. The Admissions Regulating Authority fo ...
Court: Mumbai Aurangabad
Decided on: Aug-12-2016
Sangitrao S. Patil, J. 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the petitioner and the learned A.G.P., heard finally. 2. The petitioner has sought the relief of setting side the condition of eligibility of the candidates to be admitted at institutional level after fourth round of Centralized Admission Process (for short, C.A.P. ) for admission to first year Engineering courses from amongst those candidates only who obtained the marks at the qualifying examination and the conditions of non-zero CET (Common Entrance Test) Score/non-zero GATE (Graduate Aptitude Test in Engineering) Score and of his registration with C.A.P. only. 3. The learned counsel for the petitioner, based on the averments made in the petition and the documents annexed thereto, submits that as per the Notification dated 11th March, 2016 (Exhibit-B to the petition) for admission to Engineering and Technology professional courses, first year, Clause 1 (A) (1) (iii) of Schedule...
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