Mumbai Court March 1984 Judgments
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Surindersingh Aleg and Another Vs. M.G. Gurunathan and Others
Court: Mumbai
Decided on: Mar-24-1984
Reported in: [1986]60CompCas1001(Bom)
Vaze, J.1. The City of Nagpur is bisected by an overhead railway bridge running north-south and the road under the bridge forms a conduit through which old and new Nagpur are joined. To ease the resultant traffic congestion, vehicular traffic coming from eastern Nagpur is not permitted to take the straight road to Sitabuldi, which has been declared a one way catering to the traffic coming from Sitabuldi and proceeding towards the railway station.2. Thanks to the anathema of civic authorities towards shifting of temples howsoever ill-located, a temple situated towards west of the bridge serves as a traffic island. Further north, one comes across Manas Chowk wherein meet three roads, one coming from Sitabuldi, another from Morris College and the third from the railway station. A statue of Netaji Subhashchandra Bose overlooks the Chowk being situated at the intersection of the roads coming from Morris College and the railway station. An old Bhonsala fort on an adjoining hill feature overs...
Board of Trustees of the Port of Mormugao Vs. Chowgule and Company Pvt ...
Court: Mumbai
Decided on: Mar-23-1984
Reported in: AIR1985Bom174; ILR1985Bom652
ORDER1. This revision application arises out of the Order dt. 21st December, 1983 passed by the learned Civil Judge, Senior Division, Margao, dismissing the application filed by the petitioners herein for the enforcement of an undertaking given or a Bond executed by the present respondents in a suit, being the Special Civil Suit No. 46/1969, filed by the latter for a declaration and a permanent injunction restraining the former from collecting some enhanced rates on iron ore pellets exported by the respondents/ original plaintiffs.2. In order to correctly understand the case of the petitioners, it will be convenient to state the relevant facts that led to the making of the impugned order.On 4th September, 1958 while the territories of Goa, Daman and Diu were still under the Portuguese rule, the Portuguese Government enacted the Decree law No. 41816, inter alia, empowering the then Overseas Minister to enter into contracts with the West of India Portuguese Guaranteed railway Company Ltd...
Keshaorao Krishnaji Londhe Vs. Nisha Londhe
Court: Mumbai
Decided on: Mar-23-1984
Reported in: AIR1984Bom413; (1984)86BOMLR339; 1984MhLJ576
Mohta, J.1. Has Madanlal sharma v. Smt. Santosh Sharma 1980 M LJ 391 correctly laid down the law relating to 'cruelty' as a ground for divorce as envisaged by S. 13(1)(I-a), Hindu Marriage Act, 1955 ('The Act' for short) is a point which needs answer in this reference to the Full Bench.2. First of all, the factual back ground. Appellant Dr. K. K. Londhe, married the respondent Mrs. Nisha Londhe in the year 1950. The respondent is Christian by birth but she was converted to Hinduism and the marriage was performed according to Hindu rites. During the period of 16 years of marital life, the couple was blessed with three children. The married life unfortunately was unhappy. The respondent had gone to Bangalore some time after May 1966. In September 1966. She gave a notice to the appellant for restitution of conjugal rights to which no response was given. She therefore, filed a petition for custody of the children and also filed a civil suit for maintenance. In the year 1967, the appellant ...
Kolhapur Zilla Sahakari Doodh Sangh Ltd. Vs. B.G. Mathankar, Judge 1st ...
Court: Mumbai
Decided on: Mar-23-1984
Reported in: 1985(1)BomCR63
M.N. Chandurkar, C. J.1. Both these petitions arise out of an order of termination of services of the petitioner in Writ Petition No. 957 of 1980 (hereinafter referred to as ''the employee'') who was in the employment of the Kolhapur Zilla Sahakari Dudh Sangh (hereinafter referred to as ''the employer'') as the Milk Distribution Officer. Admittedly the services of the employee were terminated by an order dated 14th July, 1977 and on 18th July, 1977 the employee filed a dispute before the Co-operative Court under section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as ''the Act'') for an adjudication of the said termination as invalid. In that proceeding the Co-operative Court granted an injunction on 26th July, 1977 restraining the employer from giving effect to the order of termination. After the revision application was filed before the Co-operative Tribunal the employer filed Special Civil Application No. 1599 of 1977 in this Court for a writ of qu...
Liyaquat A. Rangoonwala Vs. Thirteenth Income-tax Officer.
Court: Mumbai
Decided on: Mar-23-1984
Reported in: [1984]9ITD126(Mum)
ORDER1. An ex parte assessment under section 144 of the Income-tax Act, 1961 (the Act) was made in this case on 30-3-1983. The assessee took two remedial measures against this assessment. He filed an application under section 146 of the Act on 25-6-1983 before the ITO for reopening the assessment. The ITO reopened the assessment under section 146 on 30-7-1983. Simultaneously, the assessee also filed an appeal before the AAC, who, after hearing the assessees representative, by his order dated 20-9-1983, held that the assessment order for the year under consideration was barred by limitation and, therefore, it required to be annulled. It appears that the AAC, who passed this order on 20-9-1983 was Shri D. S. Rastogi, who was not aware of the reopening of the assessment by the ITO on 30-7-1983. Shri Rastogi appears to have been transferred and Smt. Meenakshi Singh took over the post of the AAC. She did not issue any fresh notices, but on a perusal of the record found that the assessment h...
Smt. Sushila Bhoormal JaIn Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Mar-22-1984
Reported in: 1984(2)BomCR145
B.C. Gadgil, J.1. The petitioner who is the wife of detenu Bhoormal Jain is challenging the detention order issued under S. 3, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The allegations against the detenu on the basis of which the detention order was passed are :The detenu is a dealer in silver. On receipt of the information that the detenu was dealing or smuggling silver out of India, a watch was kept on the premises of the detenu viz. Sameer Jewellers. On 22-2-1983 a motor-car No. MMB 2703 driven by the driver Iqbalcame to the said premises. Silver ingots were loaded and Iqbal started taking away the said silver. He started driving the car, however, the Customs Officials intercepted. Iqbal attempted to escape. It was not possible. He, therefore, abandoned the car and started running away, however, he was caught. Seven ingots of silver were found in the dicky while there were three ingots under the left side of the front seat. The total weight o...
Zenith TIn Works Private Limited Vs. Union of India and Others
Court: Mumbai
Decided on: Mar-22-1984
Reported in: 1986(23)ELT357(Bom)
Bharucha, J.1. The appellants manufacture aluminium collapsible tubes by the process of extrusion from duty paid aluminium. Their products are covered by Item 27(d) of the First Schedule to the Central Excises and Salt Act, 1944.2. At the relevant time, clauses (a), (b) and (d) of Item 27 read thus :'27. Aluminium. (a) In any crude form including ingots, bars, Rs. 300 perblocks, slabs, billets, shots and pellets, metric tonne(b) Manufactures, the following namely, plates, Rs. 500 persheets, circles and strips in any form or size metric tonne.not otherwise specified............(d) Extruded shapes and sections including 10 per centextruded pipes and tubes. ad valorem.'3. On 3rd April 1965 an exemption notification was issued under Rule 8 of the Central Excise Rules, 1944. It granted exemption to extruded shapes or sections of aluminium, including extruded pipes and tubes, if manufactured out of duty paid aluminium in any crude form or duty paid aluminium manufactures. The exemption grant...
State of Maharashtra Vs. S.N. Chawhan
Court: Mumbai
Decided on: Mar-22-1984
Reported in: 1985(1)BomCR579
V.V. Vaze, J.1. A notice inviting tenders for the construction of a bridge across Nilkantha River in File No. 7/7 of Barsi Tuljapur Road, was issued by the Executive Engineer of Sholapur (B. and C. Division). The estimated cost was Rs. 4,09,185 and 24 months were allowed as the time for execution of the work. The tender of Messers. S.N. Chawhan, a partnership firm of 560/69, South Sadar Bazar, Sholapur, was accepted. It was an item rate contract and rates for separate items such as excavation for foundation, diversion of water course and providing coffer dam, providing fabricating and setting out steel cutting edges for reinforced cement concrete wall curbs, providing and casting in situ cement concrete, sinking of foundation walls, bottom plug for walls, etc. were agreed upon. The work order was placed on 10-1-1967 and though the period of completion was 2 years the work was completed in December, 1970. As there was delay in executing the work, the Executive Engineer imposed a penalty...
Dadarao Umaji Kelode Vs. Maharashtra Road Transport Corporation Ltd. a ...
Court: Mumbai
Decided on: Mar-22-1984
Reported in: 1(1985)ACC65
A.A. Ginwala, J.1. Son of the applicant by name Vishwanath was crushed under the wheels of a bus owned by non-applicant No. 1 on 20-4-1978 and died on the spot. On 4-5-1979 the applicant preferred a claim before the Motor Accidents Claims Tribunal at Buldana under Section 110 of the Motor Vehicles Act, 1939. Since he did not prefer the claim within a period of six months as prescribed Sub-section (3) of Section 110-A of the said Act, he filed a separate application for condoning the delay of 7 months and 3 days in preferring the claim. In this application he averred that because of sudden death of his son he was in a confused state of mind and hence he did not prefer the claim within time. This application was opposed by non-applicant No. 1. It put on record some letters which the applicant had written to it prior to his preferring the claim before the Tribunal and demanding compensation for the death of his son. The applicant had supported his averments in the application by an affida...
Vinayak Narayan Deshmukh Vs. Kasabai Ramchandra Pokale and ors.
Court: Mumbai
Decided on: Mar-21-1984
Reported in: AIR1985Bom237
1. This Civil Revision Application arises out of Small Cause Suit No. 14 of 1981 filed by the petitioner for recovery of Rs.900/- against the respondents in the Court of the Civil Judge, J.D. Jamkhed, Dist. Ahmadnagar. According to the plaintiff, he had advanced a sum of Rs. 900/- by way of loan to Ramchandra Maruti who was the father of defendants 2 to 5 and husband of defendant 1, on Mar. 1, 1973, and in token of having received the said amount. It was his further case that thereafter on Dec. 30, 1975, and on Dec. 30, 1978, the said Ramchandra acknowledged the said debt by making endorsements to that effect on the original document dt. Mar. 1, 1973, and in token of having received the said amount, Ramchandra executed a document on a stamp paper having received the said amount . It was his further case that thereafter on Dec. 30, 1975, and on Dec. 30, 1978, the said Ramachandra acknowledged the said debt by making endorsements to that effect on the original document dt. Mar. 1, 1973. ...
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