Court : Mumbai
Decided on : Sep-12-2002
Reported in : 2003(2)ALD(Cri)31; 2003BomCR(Cri)703; 2003(1)MhLj60
R.K. Batta, J. 1. The appellant was tried for rape of prosecutrix, aged about 8 years, under Section 376 of the Indian Penal Code. In support of the said charge, the prosecution had examined six witnesses. The learned Additional Sessions Judge, Nagpur vide judgment dated 12-8-1998 held the appellant guilty for the offence under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years as also to pay fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for four months. The appellant was in custody since 16-10-1997 and he was given benefit of set off from that date, under Section 428 of the Code of Criminal procedure. The appellant has challenged the said conviction and sentence in this appeal. 2. The prosecution case, in brief, is that the appellant called the prosecutrix to his house by offering peppermint. Accordingly, she went to the house of the appellant where he was alone. Appellant removed the under-wear of the prosecut...
Tag this Judgment!Court : Mumbai
Decided on : Sep-18-2002
Reported in : 2004(1)ARBLR248(Bom); 2003(3)BomCR827; 2003(27)PTC425(Bom)
H.L. Gokhale, J.1. This proceeding raises the question with respect to the copyright in the script of an unfinished cinematograph film based on the Kargil War of May/June, 1999. On the one side of this copyright war is the claim of the author of the script of the film (who is also the Director of the proposed film), his wife and their organisations, and on the other side that of the Company financing the film. The decision on this question is necessary for deciding as to whether Financing Company is entitled to any interim protection during the pendency of a proposed arbitral proceeding between the parties since they have now fallen apart.2. THE FACTS LEADING TO THE CONTROVERSYThe factual background prior to this controversy is as follows :-One Mr. Aamir Raza Husain claims to be a theatre personality of some standing with experience in acting and direction of plays as well as films. His wife Mrs. Virat Husain also claims a similar experience. It is their case that at the time of the Ka...
Tag this Judgment!Court : Mumbai
Decided on : Sep-24-2002
Reported in : 2003(2)BomCR655; 2003(27)PTC81(Bom)
F.I. Rebello, J.1. Plaintiffs carry on business of acquiring copyrights in cinematographic films television serials, programmes etc., and also produce and commission production of television programmes for various television channels. The programmes so acquired or produced or commissioned, according to the plaintiffs, enjoy tremendous popularity amongst television viewers in India as also abroad. The plaintiffs entered into an Agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd., (Balaji) in order to create, compose and produce 262 episodes of a television serial entitled 'KYUN KI SAAS BHI KABHI BAHU THI'.The terms and conditions of that serial are as set out in the Agreement. Reliance is placed on Class 6 of the Agreement, based on which it is contended that the plaintiffs are now the owners of the copyright of the episodes in the serial so far filmed. Since 9th April, 2000, Balaji has produced episodes of the serial 'KYUN KI SAAS BHI KABHI BAHU THI'. Full consideration has...
Tag this Judgment!Court : Mumbai
Decided on : Sep-27-2002
Reported in : 2003(2)ARBLR459(Bom); 2003(3)BomCR255
D.Y. Chandrachud, J. 1. Arbitration Petition No. 162 of 2002 was filed before this Court by the petitioner, Euro-Asia Chartering Corporation (P.T.F.) Ltd., for a decree in terms of a foreign Award dated 16th December, 2001 as amended on 7th February, 2002 and for a declaration that the petitioner was entitled to enforce the Award as a decree of this Court against the respondent. The arbitration petition came up for hearing before a learned single Judge of this Court (S.A. Bobde, J.) on 19th June, 2002. The respondent was not present before the Court and on behalf of the petitioner, an affidavit of service dated 19th June, 2002 was placed on record. The learned single Judge took due note of the fact that by the arbitration petition, enforcement was sought of an Arbitral Award governed by the New York Convention, passed by a sole Arbitrator in Singapore and that the enforcement of the Award was covered by the provisions of Part II of the Arbitration and Conciliation Act, 1996. The learne...
Tag this Judgment!Court : Mumbai
Decided on : Oct-22-2002
Reported in : 2003BomCR(Cri)1547; 2003(1)MhLj526
D.D. Sinha, J.1. Heard Mr. Bhat, the learned counsel for the petitioner and Mr. Gavai, the learned Public Prosecutor for the respondents.2. The learned counsel for the petitioner contended that the trial Court acquitted the present petitioner for the offences punishable under Sections 7, 12 and 13(2) of the Prevention of Corruption Act. The State preferred an appeal against acquittal in this court and this court allowed the said appeal of the State and set aside the order of acquittal and convicted the petitioner for the offences punishable under Sections 7, 12 and 13(2) of the Prevention of Corruption Act, and sentenced him to suffer Rigorous Imprisonment for two years and imposed a fine of Rs. 5,000-00. The counsel for the petitioner further contended that pursuant to the above referred judgment of this court, the petitioner was sent to Central Prison, Nagpur, on 22-9-1993. The petitioner, being aggrieved by the Judgment and Order of this court, filed an appeal before the Supreme Cou...
Tag this Judgment!Court : Mumbai
Decided on : Nov-01-2002
Reported in : [2003]113CompCas401(Bom); [2004]54SCL219(Bom)
R.J. Kochar, J.1. The petitioner is a learned advocate practising in the City Civil Court and in the High Court. He has filed the present two petitions under Section 439 read with Sections 433 and 434 of the Companies Act, 1956, alleging failure on the part of the companies to pay his debt as mentioned in the petition which according to him is the amount of his professional fees payable by the companies as per his memo dated March 24, 2001. The petitioner appears to have been practising law for a period of 35 years. According to him, ordinarily he does not accept any High Court brief without advance payment of Rs. 10,000. He has further averred that since he knew Shri Sharma, the manager of the company at his request certain small amounts were accepted by the petitioner in the beginning and work was done by him. According to the petitioner, the bills for the professional work done by him were absolutely reasonable considering the fact of the number of years of practice which he has put...
Tag this Judgment!Court : Mumbai
Decided on : Dec-02-2002
Reported in : 2003(162)ELT25(Bom); 2003(2)MhLj84
V.C. Daga, J.1. This petition is directed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal, Mumbai ('CEGAT' for short) dated 20-4-1989, upholding the order of the Collector of Customs, except modification of reducing the redemption fine of Rs. 10 lakh to Rs. 5 lakh in respect of the order dated 13-6-1988.THE FACTS 2. The facts leading to filing of the petition in nutshell are as under, The petitioners are the exporters of 'Colour Picture Tubes' ('CPT' for short) to USSR. They were awarded contract for supply of CPT to USSR sometime in the month of December 1987. On 23rd February 1988, they entered into a contract with one M/s Samsung Co. Ltd. of Korea ('M/s Samsung' for short) for import of CPT to fulfil their obligation under the said contract. Accordingly, on 29-2-1988, the petitioners opened irrevocable Letter of Credit in favour of M/s Samsung for import of CPT.3. Upon publication of the new Import policy on 30th March 1988, petitioner No. 1 came to kn...
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
Decided on : Dec-03-2002
Reported in : (2004)(1)SLJ152CAT
1. By the present O.A. the applicant is challenging the notification dated 11.10.2001 issued by Respondent No. 1 appointing Respondent No. 4 i.e. V.T. Thomas of the State Forest Service of Goa to the Indian Forest Service with immediate effect.2. The applicant was initially appointed as Assistant Conservator of Forests on adhoc basis vide order dated 20.1.1987 and has been working as Assistant Conservator of Forests/Deputy Conservator of Forests in the Goa Forest Department. The applicant was appointed on regular basis as ACF from 8.8.1990 and was confirmed on 8.8.1992 vide order dated 1st September, 1999 after completion of two years of probation. The State Forest Service Assistant Conservator of Forests (ACF for short)/Deputy Conservator of Forests (DCF for short) is the feeder grade for promotion to the IFS, The promotion to the IFS from the feeder grade is regulated by the Indian Forest Service (Recruitment) Rules, 1966 and Indian Forest Service (Appointment by Promotion) Regulati...
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-2002
Reported in : 2003BomCR(Cri)882
D.D. Sinha, J.1. Heard Shri Dhote, learned Additional PublicProsecutor for the appellant, and Shri Gupta, learnedCounsel for the respondent.2. The State has filed the instant appeal against thejudgment and order dated 18.10.1989 passed by theAdditional Sessions Judge, Nagpur in Sessions Trial No.70/1996 whereby respondent is acquitted of the offencepunishable under Section 302 of Indian Penal Code.3. The prosecution case, in nutshell, is as follows :The respondent and deceased Ramesh were theresidents of village Banpuri and their agriculturalfields were adjacent to each other. It is alleged thatthere was a quarrel between them for taking water fromcanal. The incident occurred on 6.12.1985. It isalleged that on that day deceased Ramesh was sitting atabout 9.30 p.m. to 10 p.m. on the flag post. PW 4Doma and Raghoba came there and also sat on the platformof the flag post. After taking meal, people of thevillage normally used to assemble near the flag post forchitchatting. On the day of in...
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2002
Reported in : 2003(4)ALLMR231; 2003(4)BomCR787; 2003(3)MhLj379
R.G. Deshpande, J. 1. This petition raises an important question pertaining to the provisions of the Maharashtra Regional and Town Planning Act, 1966, and the provisions of the Land Acquisition Act, 1894, precisely relating to the provisions of Sections 126 and 127 of the M. R. T. P. Act. If for 10 years from the date of final publication of the Development Plan, the land reserved is not acquired by acquiring body or the authority for which it is to be acquired but before issuance of the Notice under Section 127 of the M. R. T. P. Act by the owners, some steps are taken by the acquiring body which thereafter are continued, whether in such a case could be it said that the reservation is lapsed in accordance with the provisions of that Act.2. The facts, in short, necessary can be narrated as under : In the year 1977, Survey No. 114, area 0.93 hectare of mouza Chikhali belonging to the petitioners and their brothers and sisters, was reserved for the purposes of Agricultural Produce Market...
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