advocatemmmohan
Maharashtra
Selling of flats – No privity of contract – no deficiency of service- contract between Res. No. 2 and Complainant – Complainant paid amount to Res. 2 – there is no direct contract between Res.1 and complainant – in absence of privity of contract – in the absence of consideration – Res.1 is not liable to refund the amount as the memorandum of agreement was terminated between Res. 2 and Res.1 and as per the termination , the Res.2 has to refund the amount taken from complainants – Res. No.2 not filed any appeal , Res. 1 directed to recover the same from Res. 2 – all revisions are allowed = M/s. Shree Construction Versus 1. Mr. Suryakanth Parshuram Sawant 2. M/s. Vastu Promoters & Consultants … Respondents/Complainants= published in ncdrcrep/judgement/00131202135111612RP2259-258408.htm
Selling of flats – No privity of contract – no deficiency of service- contract between Res. No. 2 and Complainant – Complainant paid amount to Res. 2 – there is no direct contract between Res.1 and complainant – in absence of privity of contract – in the absence of consideration – Res.1 is not liable to refund the … Continue reading
Restricting to four floors the height of Wing ‘C’ (providing for public parking lot- ‘PPL’ for short) of the buildings being constructed on Plot No.46 of Town Planning Scheme-III, – Apex court – gave directions – Municipal Corporation of Greater Mumbai and Ors. … Appellants Versus Kohinoor CTNL Infrastructure Company Private Limited and another … Respondents = Published in judis.nic.in/supremecourt/filename=41115
Restricting to four floors the height of Wing ‘C’ (providing for public parking lot- ‘PPL’ for short) of the buildings being constructed on Plot No.46 of Town Planning Scheme-III, – Apex court – gave directions – Division Bench of the Bombay High Court whereby Writ Petition No.143/2012 filed by the respondents was allowed, and which quashed … Continue reading
Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective – single judged confirmed the same – D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court – Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate – and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate – Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077
Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit … Continue reading
Sec.466 Company Act – permission of company court for eviction suit against a winding up company from a leased premises – earlier orders when not on merit – a subsequent order granting permission for filing eviction suit – Reversed by D.B. bench on the point of resjudicate – Apex court allowed the appeal and set aside the D.B. bench holding that there is no Res-judicata = Erach Boman Khavar … Appellant Versus Tukaram Shridhar Bhat and another …Respondents = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41074
Sec.466 Company Act – permission of company court for eviction suit against a winding up company from a leased premises – earlier orders when not on merit – a subsequent order granting permission for filing eviction suit – Reversed by D.B. bench on the point of resjudicate – Apex court allowed the appeal … Continue reading
Municipal Corporation of Greater Mumbai (for short, ‘the Corporation’) – Regulation 16(a), (b), (n) read with Regulation 64(b) read with section 46 of the M.R.T.P. Act. – Maharashtra Pollution Control Board (MPCB) for grant of environmental clearance for change of use of land purchased in industrial zone for purpose of raising commercial and residential buildings – Corporation granted permission despite of objections – D.B. High court set aside the orders of Mumbai corporation and also directed to consider afresh taking in to consideration of security threats etc. – Apex court dismissed the appeal and confirmed the high court orders = Oswal Agro Mills Ltd. … Appellant versus Hindustan Petroleum Corporation Ltd. and others … Respondents = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41064
Municipal Corporation of Greater Mumbai (for short, ‘the Corporation’) – Regulation 16(a), (b), (n) read with Regulation 64(b) read with section 46 of the M.R.T.P. Act. – Maharashtra Pollution Control Board (MPCB) for grant of environmental clearance for change of use of land purchased in industrial zone for purpose of raising commercial and residential buildings – Corporation granted permission despite of objections – D.B. High … Continue reading
Section 31 of Cr.P.C. – the sentences imposed were ordered to run consecutively – not run concurrently on ground of previous criminal history – offences done in single transaction – Confirmed by High court – Apex court held No = Manoj @ Panu … Appellant vs. State of Haryana … Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41057
Section 31 of Cr.P.C. – the sentences imposed were ordered to run consecutively – not run concurrently on ground of previous criminal history – offences done in single transaction – Confirmed by High court – Apex court held No = Whether the sentences imposed were ordered to run consecutively on the ground that the accused Manoj was a … Continue reading
Land Acquisition Act – sec.30 & sec.18 references -Collector award 1985 Sec.30 disposed in 1991- with in 6 weeks applied for sec.18 reference – Lower court awarded enhanced compensation – High court held that the reference was barred by limitation – Apex court set aside the order of High court – after disposal of sec.30 only sec.18 arises – as they applied with in 6 weeks – reference was not barred by limitation = MADAN & ANR. … APPELLANT (S) VERSUS STATE OF MAHARASHTRA … RESPONDENT (S) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41051
Land Acquisition Act – sec.30 & sec.18 references -Collector award 1985 Sec.30 disposed in 1991- with in 6 weeks applied for sec.18 reference – Lower court awarded enhanced compensation – High court held that the reference was barred by limitation – Apex court set aside the order of High court – after disposal of sec.30 only sec.18 … Continue reading
Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – State of Maharashtra & Anr. … Appellants Versus Sarva Shramik Sangh, Sangli & Ors. … Respondents = http://judis.nic.in/supremecourt/imgst.aspx?filename=40894
Industrial Disputes Act sec. 25F,25FF sec.25N and Section 17B of I.D. Act – Estopel – Already decided case attained finality – and same was applied with some suitable modifications = Retrenchment of labours temporary having serice of more than 10 years of service with out sufficient notice and with out payment of damages on the trasfer … Continue reading
Arbitration Act – No Arbitration clause = Vishnu (dead) by L.Rs. …Appellant versus State of Maharashtra and others …Respondents published in judis.nic.in/supremecourt/filename=40853
Arbitration Act – No Arbitration clause = Whether Clause 30 of B-1 Agreements entered into between the Government of Maharashtra and the appellant is in the nature of an arbitration clause is the question which arises for consideration in this appeal … Continue reading
“Freedom Fighters Pension Scheme= the petitioners claimed that they took part in the freedom movement and were, therefore, entitled to the benefits which the Government has announced with the proclamation of the “Freedom Fighters Pension Scheme”. = In the present case, it is stated at the cost of the repetition that apart from the affidavits of other freedom fighters, no other document is produced. 24. We, thus, allow these appeals and set aside the orders of the High Court and dismiss the Writ Petitions filed by the respondents. No costs.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40741 [REPORTABLE] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 7899-7901/2013 (arising out of S.L.P.(Civil) Nos.26441-26443 of 2012) State of Maharashtra & Ors. ……….Appellants Vs. Namdeo etc.etc. ………Respondents J U D G M E N T A.K.SIKRI,J. 1. Leave granted. 2. The three respondents herein were the … Continue reading
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