Mumbai Court April 1984 Judgments
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Nav Bharat Medical Stores Vs. Hyderabad AlwIn Metal Works Ltd. and anr ...
Court: Mumbai
Decided on: Apr-26-1984
Reported in: 1(1985)ACC399
Patel, J.1. This appeal is filed by the original plaintiff whose suit for damages was dismissed with costs.2. It was alleged by the plaintiff in his suit that he purchased one refrigerator on 12-6-1968 from the first defendant for an amount of Rs. 1,350/-through the second defendant, who is a local agent. The first defendant gave a warrantee for replacement of any part within first year of its purchase. The fridge, served it is purpose very well till 5-12-1968 and then it ceased to function. An intimation was, therefore, given to the second defendant who, on inspection of the fridge, opined that the unit will have to be sent back to Hyderabad where the manufacturing plant is situated. On intimation being sent to the first defendant, they agree to replace the unit at their cost and hence the second defendant was directed to remove and take away the unit from the plaintiff. The second defendant, acting under the direction of the first defendant, removed the unit. The unit was received at...
Gulam Dastagir Khan S/O. Gulzar Khan, Advocate and ors. Vs. Aziz Ahmed ...
Court: Mumbai
Decided on: Apr-25-1984
Reported in: 1984(2)BomCR729
M.M. Qazi, J.1. The present revision application arises on account of the Criminal Case No. 4645/79 filed by one Aziz Ahmed (herein-after referred to as the 'Complainant') against the petitioners and others for the offences under sections 405, 406, 409, 464, 418, 420, 465 read with sections 34 and 120 of the Indian Penal Code. The complaint was filed on 11-7-1979.2. According to the complainant, the lands Survey Nos. 57 and 60 situated at village Khandgaon Taluka and District Latur were service Inam Lands of Jame Masjid, Lature and the same were Crown Grants for Kazi service of Jame Masjid, Latur. The complaint further recites that the last surviving Inamdar was one Niyazuddin s/o. Tamizuddin (Respondent No. 6). It was further contended that on 10th May, 1972, the said Inamdar, Shri Niyazudding executed a lease-deed for a period of 98 years in respect of Survey Nos. 57 and 60 in favour of Respondents Nos. 7 to 13 for a consideration of Rs. 60,000/- and delivered the possession thereof....
First Gift-tax Officer Vs. Kishore C. MotlA.
Court: Mumbai
Decided on: Apr-25-1984
Reported in: [1984]10ITD20(Mum)
ORDERPer Shri V. Balasubramanian, Vice president - The assessee is a partner in the firm of Indian States & Eastern Agency. He carried on a business of dealing in handloom and powerloom material. During the accounting year, the firm admitted Master K. U. Motla, the minor son of a brother of the two partners, to the benefits of the partnership. Originally there were four partners including the brother H. C. Motla and K. C. Motla, the assessee. The minor on admission was entitled to a share of 16 per cent.2. It would appear that the assessee filed a return of gift-tax declaring deemed gift of Rs. 22,700 as his share in the partnership represented by the reduction if 8 per cent of the profit of the partnership on account of the admission of Master K. U. Motla. Subsequently, however, he filed a letter stating that there was no gift and no gift-tax liability arose. The GTO, however, held that the claim of the assessee could not be accepted. According to him, the realignment or redistributio...
Sudam Jinappa Chougule Vs. Kolhapur Municipal Corporation and ors.
Court: Mumbai
Decided on: Apr-24-1984
Reported in: AIR1985Bom114; 1984(2)BomCR306
Dharmadhikari, J.1. The Petitioner Shri Chougule was the Councillor of the Municipal Corporation of Kolhapur. He was duly elected in the general elections held in May 1978. His tenure as Municipal Councillor commenced from 16th August 1978 when the first meeting of the Council was held. Five years tenure of the Coucillors, expired on 15th August 1983. By a notification dt. 16th July 1983 issued under S. 6 of the Bombay Provincial Municipal Corporation Act (Hereinafter referred to as the Act), the said term was extended up to 31st Mar. 1984. Prior to the expiry of the extended term the Municipal Corporation passed a resolution on 18th Dec. 1982 for taking steps towards holding of the general elections. On 22nd Aug. 1983 a tentative election programme was also drawn by the Municipal Commissioner. By this programme the 20th Feb. 1984 was fixed as the date for filing the nominations under R. 8 of the Rules. This date was duly approved by the Government vide Government Resolution dt. 18th N...
Rafique Ramzan Ali Vs. A.A. Jalgaonkar and Another
Court: Mumbai
Decided on: Apr-23-1984
Reported in: 1985(1)BomCR47; (1984)86BOMLR347
ORDER1. Being aggrieved by an order and judgment dated the 13th of April 1983 in Case No. 34/S of 1982, on the file of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, convicting and sentencing the petitioner for offences under Sections 39(3), 40(2), 42, 44(1), 44(2), 49 read with Section 51 of the Wild Life (Protection) Act, 1972, the petitioner has preferred the present Revision.2. It is the prosecution case that the petitioner carries on business in the firm name and style of 'Jooti' at Hotel Sea-Rock, Bandra. That on the 4th of August 1981 the petitioner was found exhibiting for sale articles made of lizard and snake skins. Hence on the 5th of August 1981 respondent No. 1 accompanied by one M. A. Bonda, Assistant Conservator of Forests, raided the said shop. At this time they were accompanied by two panchas. During the course of this raid certain articles came to be seized and a panchnama was drawn up. The petitioner was questioned and he is said to have...
Maharashtra Girni Kamgar Union Vs. S. Bhattacharji and Others
Court: Mumbai
Decided on: Apr-23-1984
Reported in: [1984(49)FLR17]; (1984)IILLJ111Bom
1. These two petitions filed under Art. 226 of the Constitution of India can be conveniently disposed of by common judgment as the petitions are directed against the Order dated 17th February, 1983 passed by the Industrial Court disposing of the three appeals; two preferred by Rashtriya Mill Mazdoor Sangh and one by Maharashtra Girni Kamgar Union. The question which requires determination in these two petitions is whether a person could be considered as member within the definition of S. 3(25) of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the 'Act') in spite of his subscription remaining in arrears for three months - December 1981 and January and February, 1982. The answer to the question would determine the result of the application made under S. 15(b)(ii) and (iv) of the Act by the Maharashtra Girni Kamgar Union for cancellation of the registration of Rashtriya Mill Mazdoor Sangh as the representative Union for Cotton Textile Industry in Greater Bombay. The...
Janabai and Etc. Vs. Laxman Gunaji Wanole and anr., Etc.
Court: Mumbai
Decided on: Apr-23-1984
Reported in: AIR1985Bom290; 1985MhLJ265
ORDER1. This is a group of writ petitions in which the petitioners, who are non-tribals, challenge the validity of S. 5A of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short, 'the Act') on the ground that it is violative of the second proviso to Art. 31A(1) of the Constitution of India (for short, 'the Constitution').2. I fact the whole Act including the Amending Act, by which S. 5A was introduced was challenged in several petitions in this Court, including these writ petitions on the ground that it infringed the fundamental rights of the petitioners under Art. 14 and the then existing Art. 19(1)(f) and Art. 31 which were deleted only by the Constitution (forty-fourth Amendment) Act, 1978. The validity of the Constitution (Fortieth Amendment ) Act, 1976, by which the original Act was introduced, was also challenged on the ground that it destroys or damages the basic structure of the Constitution. All these challenges were considered and repelled by me in my ...
Bharat Petroleum Corporation Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-21-1984
Reported in: (1984)(18)ELT124Tri(Mum.)bai
1.This application under Section 35-G of the Central Excises and Salt Act, 1944 (to be hereinafter referred to as 'the Act') is by M/s.Bharat Petroleum Corporation Ltd. (to be hereinafter referred to as 'the Corporation') who are the appellants in E.D. (BOM) Appeal No. 21 of 1983 which was disposed of by this Bench consisting of Member (Technical) Shri K.S. Dilipsinhji and Member (Judicial) Shri Harish Chander on 8th July, 1983. By this application the appellants require the Tribunal to draw up a statement of the ease and refer to the High Court of Bombay the questions of law set out in paragraph 8(d) of their application. These questions according to the appellants arise out of the order-in-appeal No. E.D. (BOM) 21 of 1983.2. The Corporation have a Marine Oil Terminal at Butcher Island from where bunkers are supplied to both coastal and international vessels.Under AR-4 No. 30 dated 25th October, 1978 the Corporation had supplied under a Shipping Bill 520.208 Kls. Wat 15.C Furnace Oil...
The Commissioner of Sales Tax Vs. Jayesh (India) Agencies
Court: Mumbai
Decided on: Apr-19-1984
Reported in: [1984]57STC128(Bom)
Kania, J.1. This is a reference under section 61(1) of the Bombay Sales Tax Act, 1959 (referred to hereinafter as 'the said Act'), wherein an interesting question as to the interpretation of the entry 58(2) of the Schedule C to the said Act as it stood at the relevant time, is involved. The reference is made at the instance of the Commissioner of Sales Tax, Maharashtra State. The question referred to us for determination in the reference is as follows :'Whether on a proper and correct interpretation of entry 58(2) of Schedule C of the Bombay Sales Tax Act, 1959, the Tribunal was correct in holding that the sales of (i) seat covers in Bhor Rexine Special Imperial type in bamboo style padded with foam and (ii) covers with some special type Bhor Imperial Rexine for four doors, 2 centre pillars, 2 cowl pads and 1 rear glass shelf, effected by the respondents under their bill dated 16th January, 1973, to their customers for the customer's 'Fiat' make motor vehicle, fall under entry 22 of th...
State of Maharashtra Vs. George Fernandez and ors.
Court: Mumbai
Decided on: Apr-19-1984
Reported in: 1985(1)BomCR693
M.S. Jamdar, J.1. The State has filed this appeal, being aggrieved by the order acquitting the respondents of the offences under section 143 IPC and section 135 of the Bombay Police Act for forming an unlawful assembly and holding a public meeting in breach of the prohibitory order issued under section 37(3) of the Bombay Police Act by the District Magistrate, Nasik on 8th November, 1980. It was the prosecution case that inspite of the prohibitory order prohibiting holding of public meetings the respondents held a meeting at about 9.15 a.m.... at Ravivar Karanja at Nasik on 14th November, 1980 without obtaining permission and respondent No. 1 addressed the meeting.2. Respondent No. 1 expressed ignorance about ban on meetings. According to him not only no Police Officer told him not to hold the meeting but he was escorted by policemen. Respondent No. 2 stated that he had submitted an application for permission. Respondent Nos. 4 to 8 stated that they were merely spectators. All the resp...
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