Court : Mumbai
Decided on : Feb-18-2008
Reported in : 2008(4)ALLMR369; 2008(4)BomCR862; 2008(3)MhLj151
C.L. Pangarkar, J.1. These four appeals can be decided together since identical questions are involved in them.2. The facts are as follows:The Government of Maharashtra issued a Gazette Notification on 6-4-1988 acquiring the land in question for Khumari Talao, Minor Irrigation Project. The Land Acquisition Officer passed an award against the State on 26-6-1992. A reference was made under Section 18 of the Land Acquisition Act to Civil Court and the references were registered as Land Acquisition Cases. In the said reference cases there were three non applicants namely (1) State of Maharashtra (2) Land Acquisition Officer and (3) Collector. The Civil Court passed an award in the said cases on 31-1-2001. Dissatisfied with the award the Executive Engineer of the Minor Irrigation Division Nagpur preferred these appeals. The appeals came to be presented on 6-6-2001. Later on Vidarbha Irrigation Development Corporation (hereinafter referred to as VIDC) moved an application for adding it as pa...
Tag this Judgment!Court : Mumbai
Decided on : Jul-31-2008
Reported in : 2008(6)ALLMR94; 2009(1)BomCR722; (2008)110BOMLR2471; 2009(1)MhLj215
Swatanter Kumar, C.J.1. The Petitioner, who is a practicing Advocate in Mumbai and claims that he was the President of Bombay City Civil and Sessions Court Bar Association and a social activist, has invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India by filing the present Public Interest Litigation. While referring to the great leaders of the Nation and the freedom struggle during the British rule prior to 1947, it is contended by the Petitioner that during the crisis the U.S.S.R. was the supporter and Pakistan and U.S. could not succeed in dividing India and/or destroying the economy of India. Referring to the present Government at the Centre as a coalition Government, it is averred by the Petitioner that the economy of the country is progressing and however there is complete confusion, insecurity with regard to the existence and continuation of the Government because of nuclear deal with the U.S. which is being opposed by various parti...
Tag this Judgment!Court : Mumbai
Decided on : Jun-02-2008
Reported in : 2008(4)ALLMR339; 2008(5)MhLj289
Roshan Dalvi, J.1. Parties are brother and sister. They have filed their pleadings. Issues have been framed. It is the contention of the defendant-sister that the plaintiffs suit is barred by the Law of Limitation as seen from the plaint itself. The issue of limitation is to be decided as a preliminary issue under the provisions of Order XIV, Rule 2 of the Code of Civil Procedure. It is accordingly framed. The Advocates of the parties have been heard upon the issue of limitation.2. The suit is filed for accounts of the movable properties and assets left by the deceased Jerbai Rustomji Noble (the mother of the parties) and for administration of the same. The suit is also for a declaration that the plaintiff and the defendant are each entitled to half of the movable properties and assets of the deceased. The suit is further for a direction for the division of the properties and assets in equal shares between the plaintiff and the defendant and for the ancillary reliefs of making inquirie...
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-2008
Reported in : 2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)
F.I. Rebello, J.1. Revenue has preferred this appeal against the common order dated 5th April, 2005 passed by CESTAT in the Appeals and Applications which were filed before it. The Appeals were preferred against the common order in original dated 23rd March, 2005 of the Commissioner of Central Customs (Preventive) in the matter arising out of the show cause notice dated 7th August, 2003. The Appeals preferred were allowed, both as to objection as to jurisdiction as also on other points which are set out in para.7 of the impugned order. It is Revenue which has preferred this Appeal.2. One of the question of law which was urged before the learned CESTAT and which was framed, read as under:Whether the Commissioner of Customs (Preventive) was the proper officer having jurisdiction to seize the rig in the EEZ and whether he was competent to issue a show cause notice and adjudicate the same to demand duties on goods imported, assessed and cleared on assessment orders of the proper officer of...
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2008
Reported in : 2008(3)ALLMR240; 2008(3)BomCR593; 2008(4)MhLj370
Swatanter Kumar, C.J.Rule. Rule made returnable forthwith. Heard parties.1. Prelude Vijay Kumar Gupta, sole proprietor of M/s. Sanjay Transport Service, has filed this petition under Article 226 of the Constitution of India challenging the legality, propriety and validity of the contract awarded to M/s. Lirin Roadlines Pvt. Ltd., respondent No. 2, vide Government Resolution No. WPP 2003/CR-177/YSS2 dated 1st September, 2006. This contract, according to the petitioner, has been awarded through private negotiations without inviting tenders and in an arbitrary manner. Such awarding of contract is unconstitutional, violative of principles of governance and contrary to the constitutional mandate contained in Article 299 of the Constitution of India. It denies fair competition amongst similarly placed persons who hold similar qualifications like respondent No. 2 for performing the function to lift water from the Government owned wells and distribute the same at a much higher amount than what...
Tag this Judgment!Court : Mumbai
Decided on : Jun-02-2008
Reported in : 2008(4)BomCR719
N.V. Dabholkar, J.1. All ten writ petitions, together with four surviving civil applications therein, are being considered together, for disposal. Common factor in all these matters, is Godavari Dudhna Sahakari Sakhar Karkhana Ltd. at and post office Dev Nandra, Taluka Pathri, District Parbhani (henceforth, referred to as 'the sick factory'). The sick factory has come to grinding halt, so far as its business of production of sugar is concerned. After interim order of liquidation under Section 102 of the Maharashtra Cooperative Societies Act, 1960 ('MCS Act' for brevity's sake) dated 14.3.2002, finally, liquidation of the said sick factory, which is a specified cooperative society under Section 73-G of the MCS Act; is ordered on 15.5.2002. During the period the sick factory is under liquidation, there had been oscillation of decisions by the authorities under the MCS Act, regarding fate of the sick factory, whether to run it by granting lease or to effect sale of the same for satisfying...
Tag this Judgment!Court : Mumbai
Decided on : May-05-2008
Reported in : 2008(4)ALLMR133; (2008)110BOMLR1819
A.A. Kumbhakoni, J.1. Lord Siva in Guru Gita (Skanda Puranam) praises the Universal Guru thus:Gurur Brahma, Gurur Vishnu Gurur Devo Maheshwara Guru Saakshaat Parabrahma Tasmai Sree Gurave Namah.(Guru is Brahma, Guru is Vishnu and Guru is the God Siva. Guru verily is the Param Brahma -- the Supreme Being. I (Siva) salute that auspicious Guru). This is the reason why we Indians bow to Guru -- a TEACHER and place a teacher on a pedestal just below the parents. The character and conduct of a teacher is expected to be more like a `Rishi' and as loco-perentis. We will shortly refer to two Supreme Court judgements in this regard. 2. This occasion to remind ourselves of these expectations as to 'the status and dignity of a teacher' has arisen in view of this petition which is filed by a male teacher against whom such charges are held proved which allege Moral Turpitude and Misconduct by such teacher involving exhibition of immoral sexual behaviour towards girl students of the 1st respondent co...
Tag this Judgment!Court : Mumbai
Decided on : Jan-25-2008
Reported in : 2008(2)ALLMR285; 2008(2)ARBLR321(Bom); 2008(3)BomCR217; 2008(3)MhLj54
D.Y. Chandrachud, J.1. In a petition under Section 9 of the Arbitration and Conciliation Act, 1996, two reliefs have been sought pending the commencement and conclusion of arbitral proceedings: (i) The appointment of a Receiver in respect of a plot of land which forms the subject matter of the dispute, with a direction to the Receiver to take possession and hand over possession to the Petitioner; (ii) An order of injunction restraining the Respondents from alienating or creating third party rights in respect of the plot. 2. Respondent Nos.1 to 7 are the legal heirs of Abdul Hafeez Khairulla Quraishi (Patrawala) who died on 31st July 2005. During his lifetime, the deceased entered into a Memorandum of Understanding of 9th June 2005 under which he is alleged to have agreed to transfer and assign his right title and interest in a plot of land at the Bandra Kurla Complex, bearing CTS No.4207, admeasuring 819.3 sq.mtrs. to the Petitioner. The deceased, the Petitioner and the Eighth Responde...
Tag this Judgment!Court : Mumbai
Decided on : Feb-15-2008
Reported in : 2008(3)ALLMR234; 2008(3)BomCR63; (2008)IIILLJ292Bom; 2008(3)MhLj739
Roshan Dalvi, J.1. The Petitioner belongs to Maratha caste by birth. She is married to a person belonging to Mahadev Koli, Scheduled Tribe. The Petitioner claims to belong to Mahadev Koli, Scheduled Tribe by virtue of her marriage to her husband.2. The only question for determination in this Writ Petition is whether she can claim the advantages and benefits granted to Mahadev Kolis by virtue of her marriage.3. The Petitioner has relied upon a couple certificate which does not grant the benefits claimed by her. She has also relied upon the Government Resolutions (G.Rs) dated 19th October 1959 and 16th May 1966 encouraging inter-caste marriages under which she would be eligible to all concessions granted to that Scheduled Tribe.4. The Petitioner was appointed Junior Assistant by Respondent No. 3 on 29th December 2003 under the quota reserved for Scheduled Tribe. She submitted documents for issue of Caste Certificate showing that she belonged to Scheduled Tribe which was not by birth but ...
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-2008
Reported in : 2009(1)MhLj97
Swatanter Kumar, C.J.Introduction1. Marcus Tullius Cicero, a great orator and Roman Attorney said, 'The solidity of a State is very largely bound up with its judicial decisions'. The stability of State governance is relatable to the status of public law and order in the State. Protection to person and property of State subjects is the primary obligation of the State and this is the great significance of administration of criminal justice delivery system. Criminal jurisprudence governing the law of crime primarily has two concepts like any other legal jurisprudence:(i) Substantive criminal law; and(ii) Procedural criminal law.Provisions of substantive criminal law which are primarily penal in nature are subjected to rule of strict interpretation, while those relating to procedural law are guided by rules of plain and liberal interpretation. The Court, in the present cases, is concerned with the application of rules of interpretation to the procedural law particularly relating to the fie...
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