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 : Jun-03-2008
Reported in : 2008(5)BomCR138; (2008)110BOMLR2167; LC2008(2)434; 2008(38)PTC435(Bom)
S.J. Vazifdar, J.1. The judgment was reserved on 12.2.2008. By a preceipe dated 29.3.2008 the Defendants sought to tender an additional affidavit to bring on record further documents and to raise a new defence. This application was heard by me on 3.6.2008. I have rejected the application for reasons furnished later in this judgment. 2. The Plaintiff has sought an injunction restraining the Defendants from making of, using, selling or distributing tamper proof locks/seals that fall within the scope of the claims of the Plaintiff's patent bearing No. 162675 and patent of addition No. 178879 so as to infringe the same and for delivery of for destruction any material infringing the said patents. The Plaintiff has also sought damages. Defendant No. 2 carries on business as the sole proprietor in the firm name and style of Defendant No. 1. Defendant No. 3 is the former employee of the Plaintiff who has joined Defendant No. 1/2 to assist him in carrying on his business. According to the Plain...
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 : 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 : 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 : Dec-18-2008
Reported in : 2009(3)BomCR390; 2008(111)BomLR357; 2009(2)MhLj187
V.C. Daga, J.1. Rule returnable forthwith.2. Heard finally by consent of parties. This Petition is directed against the order dated 23rd August, 2008 passed by the learned Presiding Officer of the Debt Recovery Appellate Tribunal, Mumbai ('the DRAT' for short).Facts3. The petitioners were partners of M/s. Sohal Engineering Works ('the said firm' for short), having its office at Sohal Industrial Estate, LBS Marg, Bhandup, Mumbai 400 078. The respondent is one of the nationalised banks of the country, having its branch office at Mumbai ('the bank' for short).4. The bank advanced credit facilities to the extent of Rs. 56 lacs to the said firm from time to time against the mortgage of their immovable property, being plot of land bearing Survey No. 200 (part) CTS No. 286/1 to 2 of Bhandup village, Mumbai Suburban district, together with the factory building and other structures, errections and godowns standing thereon ('the said mortgaged proper' for short).5. The said firm had also execute...
Tag this Judgment!Court : Mumbai
Decided on : Jun-09-2008
Reported in : [2009]315ITR41(Bom)
A.V. Nirgude, J.1. This writ petition challenges the order dated February 26, 1993, passed by the Appropriate Authority under Section 269UD(1) of the Income-tax Act, 1961 ('the Act' for short).2. Before the arguments could begin, learned Counsel for the petitioners Mr. Pardiwalla stated that the petitioners would not proceed against respondent No. 3 and accepting this statement, respondent No. 3 is dropped.3. The relevant facts of the case may be stated as under:4. One flat in a building called 'Twin Towers' situated at Prabhadevi, Mumbai, was offered for sale by its owner one Scale Investments Ltd. to the petitioners in November, 1984. The petitioner agreed to purchase the flat (Flat No. A-271 and four covered car parking spaces) for an aggregate consideration of Rs. 44,00,000 on March 5, 1985, paying Rs. 4,00,000 as earnest money and agreeing to pay the remaining amount of Rs. 40,00,000 by April 30, 1985. It was specifically contemplated that either the petitioners would buy the said...
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-2008
Reported in : ILR2008KAR3395; 2008(6)KarLJ33; ILR2008(3)Kar3395; 2008(6)KLJ33; 2008(3)KCCR1975; 2008(5)AIRKarR233; AIR2008NOC2523(DB)
ORDERDeepak Verma, J.1. Sri. S.P. Shankar, learned senior counsel with Sri. D. Vijayakumar appeared for the petitioners and Sri. Shohit H. Shetty, learned Counsel appeared for respondent No. 1 and Sri. H.S. Lingaraj, learned Counsel appeared for respondent No. 2. Arguments heard. Record perused.2. The case has a long and chequered history, but to deal with the same, it is not required to give unnecessary details. However, short details of the case, are mentioned hereinbelow:Husband of petitioner No. 1 and father of minor girl, petitioner No. 2, Sri. H.R. Basappa, was working as Manager in APCO Concrete Block Industries, Kanakapura Road, Bangalore. His salary was more than Rs. 12,00,000/- per annum plus other fringed benefits. Respondent No. 1 is M/s. Standard Chartered Bank (hereinafter shall be referred to as the 'Bank') carrying on its Banking operation through out India. In order to allure prospective customers, so as to enable them to have Banking operations with the Bank, it offer...
Tag this Judgment!Court : Karnataka
Decided on : Feb-14-2008
Reported in : ILR2008KAR3453; 2009(4)KarLJ613; 2008(4)KCCR2536
N. Kumar, J.1. This is the plaintiffs second appeal against the judgment and decree of the lower appellate Court which has dismissed the suit for partition after setting aside the judgment and decree of the trial Court which had decreed the suit.2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.3. The plaintiff is the son of the first defendant Boregowda through his fourth wife Chikkathayama. Second defendant Krishnappa is the son of Boregowda through his second wife Smt. Jayamma. Basamma, Sakkamma and Boramma, defendants 3 to 5 are the daughters of Boregowda through his third wife Devamma.4. The case of the plaintiff is he and defendants constitute a Hindu Undivided Family. All the suit schedule properties are joint family properties. First defendant is the Kartha of the joint family. Plaintiff is in joint possession of the suit schedule properties as Co-larcener along with the defendants. As it is not possible for him to conti...
Tag this Judgment!Court : Karnataka
Decided on : Jun-30-2008
Reported in : AIR2008Kant199; 2009(1)KarLJ177; 2008(4)KCCR2527; 2008(6)AIRKarR106
Cyriac Joseph, C.J.1. The petitioner in this writ petition is a senior citizen whose son died in the year 1996 at the age of 20 years in a rood accident at Bangalore. It is stated that after the death of his son in the road accident, the petitioner has been devoting considerable time and effort in espousing public causes relating to road safety, vehicular traffic, traffic discipline and other relevant issues. The petitioner claims that he has filed this writ petition to espouse the public cause relating to road safety and excessive speeding by commercial vehicles within and outside the city limits in the State of Karnataka.2. The immediate provocation for filing the writ petition was Annexure-J Notification dated 29.06.2007 issued by the Government of Karnataka extending the time to fit the vehicles with Speed Governors and specifying that fitting of Speed Governors shall be mandatory only from 01.01.2008. The writ petition was filed challenging Annexure-J Notification and seeking a di...
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