Court : Mumbai
Reported in : 2008(2)ALLMR357; 2008(1)ARBLR561(Bom); 2008(2)BomCR255; 2008(2)MhLj653
D.Y. Chandrachud, J.1. The principal issue which falls for the determination of the Court is whether the provisions of Section 41 of the Presidency Small Cause Courts Act, 1882 would bar the jurisdiction of an arbitral tribunal to entertain a claim for specific performance of an agreement of renewal contained in an agreement of licence executed between a licensor and licensee. The relief which has been sought in these proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 is an order of injunction restraining the licensor from terminating the agreement of licence and acting upon a communication calling upon the licensee to hand over vacant possession and in particular, restraining the licensor from initiating proceedings for the recovery of possession of the licensed premises. An injunction has also been sought restraining the licensor from disturbing the use and occupation of the premises by the licensee; from entering into any third party rights in respect of the l...
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR1
Swatanter Kumar, C.J.1. The Petitioner Gramvikas Shikshan Prasarak Mandal is a Public Charitable Trust as well a Society duly registered under the Public Trusts Act, 1950, and the Societies Registration Act, 1860, respectively, which claims that it is running one Secondary School from 5th to 12th standard at Talegaon Dhamdhere. The Deputy Director of Education, Pune Region, Pune and the Director of Education are responsible for and have overall control over educational activities in the Pune region and State of Maharashtra, respectively. The school run by the Petitioner was established and started in the year 1959 and there are nearly 1300 to 1500 students studying in the said school. According to the petitioner, the school has been showing good results in the academic courses. There is another secondary school at Vithalwadi which is at a distance of 4 kms., run by Pandurang Shikshan Prasarak Mandal. In fact, there are two other schools, one at Sanaswadi run by Nareshwar Shikshan Prasa...
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR27
H.W. Dhabe, J.1. Heard.The petitioner in the instant writ petition is an association established for organizing the people of the Banjara Community in the Marathwada Region of the State of Maharashtra. The petitioner has challenged in the instant writ petition the relevant Licensing Rules for sale of country liquor and foreign liquor contained in the Maharashtra Country Liquor Rules, 1973 (for short, 'the Country Liquor Rules') and the Bombay Foreign Liquor Rules, 1953) (for short 'the Foreign Liquor Rules') respectively, framed under the Bombay Prohibition Act, 1949 (for short, the 'Act'), on the ground that the said Licensing Rules are arbitrary, discriminatory and are thus violative of Article 14 of the Constitution of India (for short 'the Constitution'). The petitioner has also challenged the said Rules on the ground that they are mala fide as they are intended to promote the interest of the liquor lobby in the State.2. The basic submission urged on behalf of the petitioner in sup...
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR401; 2009(111)BomLR2810; 2009(167)LC80(Bombay); 2009(240)ELT513(Bom)
Ferdino I. Rebello, J.1. The Appellants herein, were formerly known as 'Maharashtra Distilleries Limited' (MDL). They are engaged in the business of manufacture, sale and distribution of Indian Made Foreign Liquor (IMFL) and have been manufacturing 'Royal Challenge Whisky' since 1982. The manufacture of 'Royal Challenge Whisky' requires the addition of undenatured Ethyl Alcohol (malt spirit) which is the essence. The essences added are procured locally from manufacturers and suppliers in India. Some of the essences required and purchased by the Appellants, in fact, are imported by various suppliers and subsequently sold to the Appellants.2. On or about 07.10.1991, the Senior Superintendent of the Department visited the Appellants' factory in Aurangabad in respect of investigation regarding purchase of essences from M/s Finacord Chemicals Private Limited and M/s S.R.Nagpal and Company. According to the Appellants, they cooperated with the officers and furnished whatever documents which ...
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC449; (2008)3MLJ351
Chitra Venkataraman, J.1. The appellant/petitioners in these batch of writ appeal/writ petitions are educational institutions. They challenge the correctness of the demand for property tax under Section 172 of the Tamil Nadu Panchayats Act, 1994, on the ground that buildings used for educational purpose are exempt from liability under Rule 15(c) of the Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999.2. It is seen that on the issue of exemption, there are two decisions of this Court taking two different views. In the decision reported in (2006) 3 MLJ 1068 (Kamaraj College of Engineering And Technology, Managing Board, rep. by its Secretary, Virudhunagar v. President, K. Vellakulam Panchayat, Madurai District), Justice P.Jyothimani considered the question of exemption on the assessment of house tax on the educational institutions under Rule 15(c) of the Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999. The learned Judge held th...
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR103; 2004(6)BomCR166; 2004(4)MhLj92
V.C. Daga, J.1. This appeal is directed against the order dated 6th September, 2001 passed below Exh.1 in S.c.Suit No. 3163 of 1991 by the City Civil Court at Bombay directing return of plaint to the plaintiffs for presenting it to a proper court.The Facts:2. The facts giving rise to the present appeal, in nutshell, are as under:The parties are referred to in their original capacity as they were before the trial Court. The plaintiff No. 1 is an educational institution; whereas plaintiff No. 2 is the Secretary of the said institution. The defendant No. 1 is the Maharashtra Housing and Area Development Authority ('MHADA' for short); whereas defendant No. 2 is the President of Motilal Nagar-III Tenants' Association (Regd), Goregaon (West), Bombay. The plaintiffs claimed that they were the licensees of defendant No. 2 in possession of the premises bearing tenement No. 32/245, Motilal Nagar-III, M.G. Road, Goregaon (W), Bombay-90 (hereinafter referred to as the 'suit premises') since 1974 o...
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR893; 2005(5)BomCR206; 2005(3)MhLj829
F.I. Rebello, J.1. Rule. Heard forthwith.2. The petitioner entered into an agreement with M/s Diamond Creek dated 19th July, 1980. By that agreement M/s Diamond Creek agreed to acquire, assign and transfer all the benefits of the Agreement dated 13th November, 1978 between M/s Unique Enterprises (India) and M/s Diamond Creek together with right to occupy, enjoy and possess the premises. The price was set out. The transaction was to be completed within 15 days of the Agreement. The petitioner lodged the agreement with the Collector for an endorsement whether the document was properly stamped. On 5th March, 2003 the petitioner received a demand notice by hand delivery informing that the agreement submitted was impounded under Section 32 of the Bombay Stamp Act, 1958. The petitioner was called upon to pay a sum of Rs. 87,200/- as stamp duty and Rs. 1,74,000/- as penalty, thus aggregating to a sum of Rs. 2,61,600/-. It is the case of the petitioner that she informed the respondents that th...
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR702
S.M. Daud, J.1 These are cross petitions under Article 226 of the Constitution aimed at the verdict of the Charity Commissioner (CC) in a proceeding under section 41-D r.w. 41-E of the Bombay Public Trusts Act, 1950 (B.P.T.A.).2. Basic education is one of the many concepts which this country owes to Mahatma Gandhi. To popularise this ideal certain individuals including Vajubhai Patel in 1964 organised themselves into a Council known as the Indian Council of Basic Education. In April 1964, the Council was registered under the Societies Registration Act of 1860 (SR. Act) as also the B.P.T.A. Vajubhai, amongst others was recorded as a Manager as also a Trustee of the Council and the application for registration was moved by him. Accompaniments to the application included a Memorandum of Association and Rules and Regulations. The latter recited that the management of the affairs of the Council vested in the Board of Governors (B.G.) which was to be the sole executive of the Council. It was...
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
Anoop V. Mohta, J.1. A founder father, late Dhirubhai Ambani set up the Reliance Industries Limited (RIL) some time in the year 1973, who ventured along with the time, into oil, gas, refining and exploration apart from other textile, yarn, polyester, petrochemicals and communication business and later stages of life, with two sons-Mr.Mukesh and Mr. Anil Ambani. All are aware of these facts and figures specially the shareholders of the respective companies at all material times.2. Some time in the year 1999, the Government announced a New Exploration and Licensing Policy, 1999 (NELP) This policy, for the first time, provided that various petroleum blocks could be awarded for exploration, development and production of petroleum and gas to private entities.3. By virtue of Article 297 of the Constitution of India, the Petroleum in its natural state in the territory waters and the continental shelf of India is vested in the Union of India (The Government). The Oil Fields (Regulation and Dev...
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR401
Chandrachud D.Y., J.1. The first respondent was appointed as a Shikshan Sevak by the petitioner on 14th June, 2004. The School in question - Our Lady of Salvation High School is own and managed by a Church of the same description. On 30th March, 2007, a letter of termination was addressed to the first respondent by which her services were to stand dispensed with from 30th April, 2007. The first respondent filed an appeal before the Grievance Committee. The Grievance Committee passed an order on 5th August, 2008 setting aside the termination and directing the petitioner to convert the services of the first respondent from a Shikshan Sevak to an Assistant Teacher with consequential benefits.2. On behalf of the petitioner, it has been urged that initially by a Government Resolution dated 13th October, 2000, the Shikshan Sevak Scheme was adopted by the State Government. The State Legislature enacted the Maharashtra Employees of Private Schools (Conditions of Service) Regulation (Amendment)...
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