Mumbai Court November 1982 Judgments
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State of Maharashtra Vs. Sharad B. Sarda
Court: Mumbai
Decided on: Nov-29-1982
Reported in: 1983(1)BomCR578
M.P. Kanade, J.1. By this writ petition the State has challenged the legality and correctness of the order passed by the learned Additional Sessions Judge, Pune, dated October 2, 1982 whereby the accused has been enlarged on bail, having regard to the provisions of section 167(2) of the Code of Criminal Procedure. The respondent Sharad B. Sarda is prosecuted for having committed murder of his wife Manjushri on June 12, 1982. The respondent (hereinafter referred to as 'accused') was arrested on June 14, 1982. The other two accused i.e. the accused Nos. 2 and 3 were also arrested on June 17, 1982 and they have been released on bail before filing of the charge sheet. The accused had filed an application for bail on September 13, 1982 before the learned Judicial Magistrate, First Class, Court No. 8, Pune, at about 5 p.m. wherein he claimed the right to be released on bail as per the provision of section 167 Clause 2(a) of the Code of Criminal Procedure. It was contended by the accused that...
Narendra Mafatlal Mehta Vs. Union of India and Another
Court: Mumbai
Decided on: Nov-26-1982
Reported in: 1984(17)ELT106(Bom); [1981]129ITR609(Bom)
1. The petitioner is the sole proprietor of a concern carrying on business in the name and style of Ms N. Mehta and Company. The petitioner is a Diamond Merchant and is engaged in cutting and polishing of rough Diamonds and the export and import of Diamonds. The petitioner's concern is registered as a Merchant Exporter and is also registered with the Gem and Jewellery Export Promotion Council. The concern imports rough diamonds from abroad and after processed and polished in India by small manufacturers, exports the diamonds to buyers in various countries such as Belgium, United States of America, Hongkong etc.2. Respondent No. 1 - Union of India declared its Import Policy April 1978 - March 1979 and under the said Policy framed a scheme for registration of Export Houses as per the contents of Chapter 19 of the Policy. The object of the scheme was to grant special facilities to export houses to strengthen their negotiating capacity in foreign trade and to build a more enduring relation...
Mehta Gems and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Nov-26-1982
Reported in: 1985(22)ELT37(Bom)
1. The Petitioner No. 1 are a partnership firm carrying on business of importing rough diamonds and carrying the operation of cutting and polishing and thereafter exporting the same. The petitioners are a Small-Scale Industry duly registered with the Director of Small-Scale Industries. The Union of India published the Import Policy for the year 1981-82 and the said policy laid down the provisions pertaining to registration of Export Houses. Paragraph 173 of this Policy provides that the objective of the scheme of registration of Export Houses and the grant of special facilities to them is to strengthen their negotiating capacity in foreign trade and to build up more enduring relationship between them and their supporting manufacturers. Paragraph 183 of the Policy sets out the import facilities available to the Export Houses, which inter alia includes import replenishment (REP) licences and additional licences, etc. Paragraph 174 of the Scheme provides the eligibility for the grant of E...
Shree Ram Steel Rolling Mills and Metro Steel Rolling Mills Vs. State ...
Court: Mumbai
Decided on: Nov-26-1982
Reported in: 1984(17)ELT109(Bom)
Madon, C.J.1. As the points which arise for determination in these two References under section 61(1) of the Bombay Sales Tax Act, 1959, are the same, we have thought it convenient to dispose them of by a common judgment.2. The Applicants in both these References are registered as dealers under the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the Bombay Act') as also the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act'). The Applicants in Sales Tax Reference No. 51 of 1977 Shri Ram Steel Rolling Mills own a steel rolling mills at Kolshed Road, Thane. In the course of their business, they inter alia purchased M. S. Ingots and after re-rolling them in their mills and turning them into M.S. rounds they sold these rounds to their customers. So far as the present Reference is concerned, Shree Ram Steel Rolling Mills purchased certain quantity of M.S. ingots from Mohta Ispat Ltd., also a registered dealer under the Bombay Act. In respect of this sale, the ...
Shree Ram Steel Rolling Mills Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-26-1982
Reported in: [1983]53STC202(Bom)
Madon, C.J.1. As the points which arise for determination in these two references under section 61(1) of the Bombay Sales Tax Act, 1959, are the same, we have thought it convenient to dispose them of by a common judgment.2. The applicants in both these references are registered dealers under the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the Bombay Act'), as also the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act'). The applicants in Sales Tax Reference No. 51 of 1977, Shree Ram Steel Rolling Mills, own a steel rolling mill at Kolshet Road, Thane. In the course of their business, they, inter alia, purchased M.S. ingots and after re-rolling them in their mills and turning them into M.S. rounds they sold these rounds to their customers. So far as the present reference is concerned, Shree Ram Steel Rolling Mills purchased certain quantity of of M.S. ingots from Mohta Ispat Ltd., also a registered dealer under the Bombay Act. In respect of this sale, ...
Commissioner of Sales Tax Vs. Agarwal and Co.
Court: Mumbai
Decided on: Nov-25-1982
Reported in: 1983LC65D(Bombay); 1983(12)ELT116(Bom); [1983]52STC117(Bom)
Mr. Sujata Manohar, J.1. Respondents Messrs Agarwal & Co. are resellers in tea, coffee and skimmed milk powder. For the period 1-4-1975 to 31-3-1976 the Sales Tax Officer subjected the sales of skimmed milk powder to tax rejecting the contention of the respondents that skimmed milk powder was covered by entry No. 36 of Schedule 'A' to the Bombay Sales Tax Act, 1959 as then in force and hence was exempt from the payment of sales tax. The Sales Tax Officer accordingly held that the sales of skimmed milk powder amounting to Rs. 24,593 were liable to be taxed. From this finding the respondents appealed before the Assistant Commissioner of Sales Tax. The appeal was dismissed. The respondents preferred a second appeal before the Tribunal. The respondents relied upon a decision of the Commissioner in the determination proceedings under section 52 of the Act in the case of Messrs Vyas Corporation (DDQ-1171/164-/B-2 dated 4-10-1972) and the detailed discussion of facts and law in that decision....
Mather and Platt Ltd. Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-24-1982
Reported in: [1983]53STC104(Bom)
Madon, C.J.1. As the parties to those two references under section 61(1) of the Bombay Sales Tax Act, 1959, made by the Maharashtra Sales Tax Tribunal at the instances of the applicants and the points which arise for determination therein are the same, we have thought it convenient to dispose them of by a common judgment.2. The applicants are registered as dealers under the Bombay Sales Tax Act, 1959. They also hold a licence under the said Act. They deal in machinery and its parts. In some cases, they purchase these goods and resell them within the State, while in other cases, they purchase these goods from outside the State and resell them within the State. In respect of some of the sales made by the applicants they became liable to pay both sales tax and general sales tax under the Act while in respect of some other goods, they became liable only to pay general sales tax inasmuch as these goods were purchased by them within the State from a registered dealer by issuing to their vend...
Dilipbhai Chhaganlal Patel Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Nov-24-1982
Reported in: AIR1983Bom128; 1984(2)BomCR338
ORDER1. The Respondent No. 2 Smt Bhaumati filed a petitioner under Section 13 of the Hindu Marriage Act, 1955, for divorce. She also took out a notice of motion bearing No. 4551 of 1981 for interim alimony under S. 24 of the Hindu Marriage Act. It appears that initially the said notice of motion came to be decided ex parte. However, the said ex parte order was set aside and ultimately after hearing both aside the learned Judge of the City Civil Court, Bombay by his order dated 20th January, 1982 made the notice of motion absolute and granted Rs. 150/- per month as interim maintenance to the petitioner wife form 1st October 1981. He also granted Rs. 500/- towards expenses. It is this order of the City Civil Court, Bombay which is challenged in this writ petition.2. Shri Vyas the learned counsel appearing for the original respondent husband contended before me that the order passed by the learned Judge of the City Civil Court, Bombay is without jurisdiction since the learned Judge has fa...
Cosmic Radio Vs. Union of India and Another
Court: Mumbai
Decided on: Nov-23-1982
Reported in: 1984(3)ECC184; 1983LC331D(Bombay); 1983(12)ELT84(Bom)
ORDER1. The Petitioners are manufacturers of electronic products known as 'Stereo amplifiers' and the petitioners also assemble the products known as 'Speaker systems'.2. Prior to March 1, 1975 excise duty was not levied upon the Petitioners' said products. During the first week of March 1975, the Superintendent and Assistant Collector of Central Excise insisted upon the petitioners' products being charged to excise duty under Item 37A of the First Schedule to the Central Excises and Salt Act as parts or accessories to gramophone. The petitioners were threatened that unless the excise duty on the said products is paid action would be taken under the provisions of the Central Excises and Salt Act and the Central Excise Rules. The petitioners thereupon filed Miscellaneous Petition No. 323 of 1975 in this Court challenging the action of the Assistant Collector of Central Excise. The Petition was summarily dismissed by the learned single judge by an order dated March 31, 1975 and against t...
Moraji Goculdas Deoji Trust and ors. Vs. Madhav Vithal Kudwa
Court: Mumbai
Decided on: Nov-23-1982
Reported in: AIR1983Bom68; 1983(1)BomCR272
Pratap, J.1. Arising for determination in this appeal by the original plaintiffs is a question of some importance under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter the Act).2. Since the year 1950 or so the defendant (respondent) herein has been plaintiff's tenant of room No. 18 on the first floor of a building known as Morarji Goculdas Deoji Trust Building situated at Kennedy Bridge in the city of Bombay. In or about October 1968, the defendant purchased a car which he commenced parking in the open space of the compound of the said building. The plaintiffs objected. As many as three notices were issued to remove the car from the said compound and cease parking it there. The plaintiffs thereupon filed the instant suit for a declaration that the defendant, by parking his car in the compound, was committing trespass and for permanent injunction restraining him from doing so. The defendant raised two defences viz, (a) he was parking the car under express ...
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