Mumbai Court July 1984 Judgments
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Smt. Tanhubai Kashinath Brihamane Vs. Kashinath Kala Brihamane
Court: Mumbai
Decided on: Jul-27-1984
Reported in: (1984)86BOMLR620; 1984MhLJ1039
V.A. Mohta, J.1. Wife and her minor daughter were granted maintenance in proceedings under Section 125, Code of Criminal Procedure. Husband filed Revision before the Sessions Judge, Pune, who set aside the order to the extent of wife's claim on the ground that there was absence of averment in the application about inability to maintain herself and also the proof thereof. Feeling aggrieved, she has moved this Court.2. Wife Tanhubai - the first petitioner along with her two daughters Kum. Savita, aged four years, the second petitioner and Kum. Kavita, then aged eight months (died during pendency of the proceedings in the trial Court) had sometime in the year 1978 filed these proceedings against the husband Kashinath (the 1st respondent). The application is in Marathi language. The substance of the allegations is that (i) the first respondent Kashinath had married a second wife, (if) drove the petitioner away, (Hi) she along with her children was living under the shelter of her brother an...
Western India Garments Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-26-1984
Reported in: (1985)LC22Tri(Mum.)bai
1. This appeal arises out of and is directed against the Order-in-Original bearing No. s/10-3889/85 ACU dated 6-1-1984 passed by the Collector of Customs, Air Cargo Complex, Bombay.2. The material facts required for the disposal of this appeal are not in dispute. The appellants M/s. Western India Garments Ltd., a recognised export house were the holders of two additional licences bearing Nos. 2930289/82 dated 5-8-1982 and 2855286/83 dated 19-10-1983.The said licences permitted import of items appearing in Appendices 5 and 7 excluding the items appearing in Appendix 26 of the Policies AM 82-83 and AM 83-84. The appellants placed an order for 75 pieces of power driven pumps in semi-knocked down condition. The suppliers supplied 3 packages. The consignment arrived at Bombay Airport by air on 1-1-1983. The appellants have sold the goods on High Seas basis to M/s. Kiran Products of Pune, who according to the appellants were engaged in assembling, testing and supplying such pumps. When the ...
NuruddIn Vs. Khare and Tarkunde
Court: Mumbai
Decided on: Jul-26-1984
Reported in: II(1984)ACC292; 1985MhLJ385
Vaze, J.1. The river Wainganga with a span of 555 meters separates Gadchiroli and Mul and for want of bridge a ferry service used to operate between the towns in the sixties. In 1967. M/s. Khare & Tarkunde of Nagpur, a company of construction engineers, were awarded the contract of construction of a bridge over Wainganga. The Company had three engineers, M/s. Vaidya, Kashikar and Menon working as resident engineers at the site. A complement of ten staffers and labour force of 200 used to reside at the site. The company had constructed a labour camp and other facilities for the workmen, an approach road to the Bridge site, a Camp office for themselves and another office for the Public Works Department. The design of the bridge was made by Dr. Pandit a specialist who used to occasionally visit the site.2. From the Govt. side, Dave was working as an Executive Engineer stationed at Chandrapur who was assisted by one G. S. Deshpande, Deputy Engineer.3. The Construction company used to fabri...
New Chemi Industries Pvt. Ltd. Vs. Union of India and ors.
Court: Mumbai
Decided on: Jul-26-1984
Reported in: AIR1985Bom408
1. A matter which should not have seen light of the lay in a Court of law was even so compelled to be brought before it by way of this petition under Art. 226 of the Constitution because as is hot unusual - non - application of mind to the basic facts and to the plain, unambiguous and mandatory provisions of the statute in question.2. This petition arises out of proceedings under the Insecticides Act, 1968 (hereinafter the Act) which was enacted by Parliament in 1968 to regulate the import, manufacture, sale, transport, distribution and use of insecticide with a view to prevent risk to human beings or animals, and for matters connected therewith. The provision of the said Act relevant to the dispute here involved is S. 9. Under S. 9(1) of the Act, any person desiring to import or manufacture any insecticide may apply to the Registration Committee (hereinafter the Committee) for registration of such insecticide. Every application for such registration shall under S. 9(2) of the Act be m...
Bhagu Isa Boudha and ors. Vs. Sunderlal Chunilal Agarwal and ors.
Court: Mumbai
Decided on: Jul-25-1984
Reported in: AIR1985Bom244; 1984MhLJ705
Qazi, J.1. There is no dispute that the petitioners were tenants in respect of land Survey No. 197 admeasuring 13 acres 3 gunthas situated at mouza Sungaon, district Buldana, and the respondent Nos. 1 to 5 are the owners thereof, 8 acres 17 gunthas of land was resumed by the respondents landlords out of the said survey number for their personal cultivation. However, since the respondents landlords did not cultivate the said land personally, the petitioners applied under Sec. 52 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as 'the Act'). In pursuance of this application the land was restored in their possession on 25-4-1973.2. The petitioners tenants gave a notice on 10-12-1973 under S. 50 read with Sec. 43(1) of the Act, making an offer for the purchase of the said land at the rate of 36 times of the rental value of the land. The respondents neither accepted the offer nor gave any reply to the said notice. They, however, filed an app...
Surinder Singh Aleg and anr. Vs. M.G. Gurunathan and ors.
Court: Mumbai
Decided on: Jul-24-1984
Reported in: AIR1985Bom353
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 proceedings 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 Subhaschandra 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 overse...
Sainet Private Ltd. and anr. Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jul-24-1984
Reported in: 1989(22)ECC210; 1984(18)ELT141(Bom)
Deshpande, J.1. The petitioners are a factory situated at Corlim, Panaji, Goa. The petitioners are carrying on the activity of making nylon fishnets, 'knitted' fabrics from the year 1972. The said fishnets are manufactured from Nylon Yarn which is doubled and twisted for making into Nylon twine yarn. The fishnets are made by knitting process.2. The petitioners say that they are governed by the Central Excises Act in regard to the classification of goods and the Government in exercise of its powers exempted all man-made fabrics specified under the Notification No. 80/69, dated 1st March, 1969 from Excise duty.3. The petitioners further say that the said product when it comes into existence by a process of weaving the said Nylon twine yarn without specifically averring that the expression 'fabric' includes any substance which has been made inter alia, from yarn by a process of knitting. Then the petitioners have referred to certain standard Books and Nomenclatures and stated that these n...
Microna Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-23-1984
Reported in: (1987)(31)ELT126Tri(Mum.)bai
1. The present appeal is directed against Order No. S/49-7/84L dated 7-3-84 passed by the Collector of Customs (Appeals), Bombay.2. Briefly, the facts of the case are that the appellants imported two consignments of tissue paper valued at Rs. 43,979/- and Rs. 42,935/-(cif) and claimed clearance of the same against Appendix 10(1) of the April 1982 - March 1983 Import and Export Policy. By virtue of this provision of the Policy, the appellants claimed that the goods were covered by the O.G.L. The lower authorities, however, held that the goods were not covered by the O.G.L. as claimed by the appellants, and after issuing a show cause notice the case was adjudicated by the Deputy Collector of Customs, Bombay. The Deputy Collector after hearing the appellants held that the two consignments in question were not covered by the O.G.L. and ordered confiscation of the same. However, in lieu of redemption of the goods, the Deputy Collector gave the appellants the option of redeeming the two con...
Naresh Kumar Rameshchand Gupta Vs. Collector of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-23-1984
Reported in: (1984)(18)ELT578Tri(Mum.)bai
1. This is an application for condonation of delay in the presentation of appeal. The brief facts are: The Orderer-in-original which is the subject matter of the appeal in Appeal No. 151/84 filed by the present applicant was passed on 29-4-83 and despatched on 18-8-83 by registered post to the address given by the applicant. On the same day, namely, 18-8-83 a copy of the Order-in-original was also sent by registered post to Shri M.G. Karmali, learned Advocate who appeared for the applicant herein before the enquiring authority.2. In the present application the applicant stated that even upto the date of filing this application, he had not received a copy of the Order which was appealed against. He came to know of the Order from a letter dated 4-1-1984 received by him from the Collector of Bombay on 10-1-84 requiring him to pay the penalty. He, therefore, went to his lawyer, Shri Karmali, within a day or two after the receipt of the letter from the Collector, and from him he came to kn...
Bhaskar Pandit Kadam and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-23-1984
Reported in: 1984(2)BomCR769; (1984)86BOMLR467
R.A. Jahagirdar, J.1. In Sessions Case No. 68 of 1982 tried by the learned Additional Sessions Judge of Nasik, four persons were tried for offences punishable under section 302 read with section 34, section 307, section 323 and section 504, all of the Indian Penal Code. The appellants in this appeal were accused Nos. 1 and 2, while accused Nos. 3 and 4 before the learned Sessions Judge were acquitted of the offences with which they had been charged. For the sake of convenience we will refer to the appellants as accused Nos. 1 and 2 and we will not refer to the evidence relating to accused Nos. 3 and 4 at all except where in the context of the discussion of evidence relating to accused Nos. 1 and 2 their names appear.2. The charged framed against the accused was that they in furtherance of their common intention committed the murder of one Gokul Trimbak Jadhav at 11-30 p.m. on 8th March, 1982. The incident in which the said Gokul Trimbak Jadhav was killed took place at Sinnar town in Si...
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