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...
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-2008
Reported in : 2008(6)ALLMR817; 2009(1)MhLj371
P.B. Majmudar, J.1. Rule. Learned Assistant Government Pleader waives service of Rule on behalf of the respondents. With the consent of the learned Advocates, rule is made returnable forthwith.2. By filing this petition, the petitioner, who is a student, has raised an important issue for consideration of this Court as to whether at the time of taking Common Entrance Test ('CET' for short) examination, any deviation can be made by the respondents in the matter of giving marks contrary to Rules and instructions given in this behalf.3. The petitioner has cleared her HSC Examination from the Maharashtra State and Higher Secondary Education Board, Pune and secured 62% marks in the subjects of Physics, Chemistry and Biology. The State of Maharashtra, for the purpose of admission for medical and dental courses framed rules and introduced CET. As per the said Rules, the duration of the examination is three hours. The method of answering the questions is also prescribed in the Rules. As per the...
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 : 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 : Jul-30-2008
Reported in : 2008(5)ALLMR521; [2008(119)FLR235]; (2008)IIILLJ925Bom
S.A. Bobde, J.1. This is a writ petition by the employer challenging the order of the National Industrial Tribunal, Mumbai, dated August 19, 2004 rejecting their application under Section 33(2)(b) of the Industrial Disputes Act, 1947.2. The petitioner-employer sought approval of its order dated June 24, 2002 whereby respondent-workman was removed from service. The workman was served with charge sheet dated April 4/May 1, 1996 for allegedly unauthorisedly opening the Short Haul Operations Department (S.H.O.D.) office with a view td disposal of the old vehicles of the office. According to the charge sheet he was apprehended in the process of removing one jeep with the help of two other persons. He had already removed six vehicles, i.e. two Maruti 800, one Ambassador car, one Matador and two jeeps. Since the dispute pertaining to conditions of service of workmen of Indian Airlines was pending before the National Tribunal, the petitioner applied under Section 33(2)(b) for removing the resp...
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-2008
Reported in : 2009(2)BomCR321; (2008)110BOMLR2344
J.P. Devadhar, J.1. These two writ petitions are filed by the trustees of Lilavati Kirtilal Mehta Medical Trust ('Trust' for short), which is duly registered under the Bombay Public Trust Act, 1950 ('B.P.T. Act for short). Since both the petitions challenge the decision of the Joint Charity Commissioner ('Jt. C.C.' for short) dated 3-6-2008, both the petitions are heard together finally at the stage of admission and disposed of by this common judgment.2. The impugned order dated 3-6-2008 is an interim order passed by the Jt. C.C. in an application filed by a permanent trustee of the Trust under Section 41D of the B.P.T. Act. The said application was filed seeking removal of nine trustees of the Trust inter alia on the ground that the said trustees during the period from 2001 to 2006 had siphoned off the Trust funds running into several crores of rupees and further they have committed act of malfeasance, misfeasance, breach of Trust, gross negligence etc. which are detrimental to the in...
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 : 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 : May-05-2008
Reported in : (2008)110BOMLR1595
Bilal Nazki, J.1. Special Case No. 1 of 2000 was tried by the Sessions Judge, Pune, who was also a Special Judge for the Maharashtra Control of Organized Crimes Act. Seven accused persons faced trial for the offences under Sections 143, 147, 148, 302, 324 read with Sections 149 and 34 of the Indian Penal Code. They also faced trial for the offences punishable under Section 4 of the Arms Act and Sections 3(1)(i), 3(5) and 3(2) of the Maharashtra Control of Organised Crimes Act. By his judgment and order dated 30th April, 2002 of the learned Sessions Judge, all of them were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 2,000/- each. They were also convicted for the offences punishable under Sections 143, 147 and 148 of the Indian Penal Code and sentenced to suffer R.I. for one year and fine of Rs. 200/- each. They were also convicted for the offence punishable under Section 4 read with Section 25 o...
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