Mumbai Court January 1988 Judgments
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Hemant Abaji Patil Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-28-1988
Reported in: 1988(1)BomCR527
Sharad Manohar, J.1. Quite a fanciful point questioning the maintainability of this appeal is raised by Shri Gumaste, the learned Council appearing for the respondent-accused in this case. After hearing in fully, we are satisfied that it discloses nothing but the ipse dixit of the learned Counsel.2. The facts necessary for formulating the point are as follows :The respondent was charged with an offence under section 302, Indian Penal Code, in the trial Court. The Court had passed on order of acquittal in his favour. The public Prosecutor sent the papers to the Legal Department for enabling the latter to take decision whether an appeal should be field or not. In Criminal Application No. 147 of 1981 for condonation of delay in filing this appeal, there is a specific averment (in para III thereof) that the Public Prosecutor, who conducted the case in Sessions Court, sent a 'proposal' to the Government on 4-7-1980 for filing an appeal against the said order of acquittal. A parawise reply i...
Sultanali A. Lallani Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-27-1988
Reported in: (1989)(39)ELT596Tri(Mum.)bai
1. The revision application filed before the Government of India against the Order-in-Original bearing No. 576-A of 1981 dated 27.8.1981 passed by the Central Board of Excise and Customs statutoriry stood transferred to the Tribunal for being heard as an appeal.2. The facts necessary for the disposal of this appeal may be stated as under : On credible information that one light green Ambassador car bearing No. 9420 parked in the compound of Agha Ali Hall contained about 300 to 350 Kg of silver, officers of the Bombay Customs Preventive Collectorate on 12.1.1980 maintained a discreet watch at a distance from the said car. Immediately when a person opened the door of the said car with the key in his possession, the customs officers intercepted the car. On the search being carried out in the presence of Panchas, certain gunny bags containing silver totally valued at Rs. 11,23,320.00 were found in the dicky and front seat of the car. The person who opened the car gave his name as Baijnath...
State of Maharashtra Vs. Shete Savale and Co. and ors.
Court: Mumbai
Decided on: Jan-27-1988
Reported in: 1988(2)BomCR580
V.P. Salve, J.1. The acquittal of respondent Nos. 1 and 2 in this appeal will have to be quashed for the reasons that the trial Court has misinterpreting the ratio of the Supreme Court judgment reported in Municipal Corporation of Delhi v. Kacheroo Mal, : 1976CriLJ336 and relying on the sub-para of plecitum 'B' acquitted the accused. In fact the most relevant paragraph in the reported case of the Supreme Court (ibid) is paragraph 13, which lays down :--- ' That under the Rules a minimum proportion of insect-infestation or insect-damage is provided to deem the article unfit human consumption shows that the mere fact that any part of an article was insect-infested may not be conclusive proof of its being 'adulterated' under sub-clause (f). All the adjectives, used in the sub-clause are a presumptive and not an absolute test for quality of the article being unfit for human consumption.'In the case of an article in respect of which the Rules do not prescribe any minimum standard of purity ...
P.M. Barot of Ghanshyam Tobacco Vs. Collector of C.E.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-25-1988
Reported in: (1988)(18)LC632Tri(Mum.)bai
1. The Revision Application filed before the Central Government against the order bearing No. 44 of 1981 dated 11.3.1981 passed by the Central Board of Excise and Customs statutorily stood transferred to the Tribunal for being heard as an appeal.2. The Collector of Central Excise, Baroda in an adjudication proceeding ordered the appellant to pay the duty of excise at the appropriate leviable rate on 15823.7 kgs. of unmanufactured tobacco stated to have been illicitly received into and removed from their L-2 premises. He also imposed a penalty of Rs. 200/- on each of the 98 sale notice under Rule 32 stating each transaction as a separate and independent transaction. He further imposed another penalty of Rs. 2,000/- under Rule 40 in respect of 2 T.P.I. dated 15.4.1978 and 4.4.1978 under Rule 40 of the Central Excise Rules.3. Feeling aggrieved by the order, the appellants herein, preferred an appeal before the Central Board of Excise and Customs and the Board, while setting aside the dem...
The Communist Party of India and ors. Etc. Vs. State of Maharashtra an ...
Court: Mumbai
Decided on: Jan-25-1988
Reported in: AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504
Dhabe, J.1. These two writ petitions involve common questions of fact and law and can, therefore, be conveniently disposed of by this common judgment.The petitioners in writ petition No. 2162 of 1985 are the Communist Party of India and two individuals who are elected members of the Gram Panchayats in Nagpur district. The petitioner No. 1 in writ petition No. 2210 of 1985 is an organisation known as Adivasi Arakshan Saurakshan Samiti which is formed with the object of promoting and protecting the rights and interests of the Scheduled Tribes in general and in particular for the purpose fo taking action in the matter of providing reservation to the Scheduled Tribes persons in the ensuing elections of the Zilla Parlishads and the Panchayat Samitis. The petitioners 2 to 10 in the aforesaid writ petition are qualified to vote and to be elected in the ensuring Zilla Parlishad elections.2. Two questions arise for consideration in the instant writ petitions. The first question raised on behalf...
Laxmanrao Anantrao Stardekar and Etc. Vs. Satyappa Pawar and Etc.
Court: Mumbai
Decided on: Jan-25-1988
Reported in: AIR1988Bom244; 1988(2)BomCR259; (1988)90BOMLR176; 1988MhLJ359
Sawant, J.1. The question of law, which has been referred to us for decision, arises under section 15 of the Bombay Tenancy and Agricultural Lands Act, 1948 thereinafter called 'the Act') read with Rule 9 of the Bombay Tenancy and Agricultural Lands Rules, 1956 (hereinafter called 'the Rules'). The question is whether the surrender of his tenancy by the tenant becomes effective from the date of endorsement of the surrender by the Mamlatdar or from the date of verification by him of the surrender or from the date of the tenant's application for surrender of his tenancy.2. The few facts, necessary to appreciate the point, are as follows : --The landlord filed an application before the Mamlatdar on 27th March 1957 for possession of the land under Section 29(2) of the Act., The application was accompanied by a deed of surrender of his tenancy by the tenant, which was dated 5th March 1957. On 27th August 1957, the Mamlatdar recorded the first statement of the tenant under Section 15 of the ...
Shree Ram Finance Corporation Vs. Murlidhar and ors.
Court: Mumbai
Decided on: Jan-25-1988
Reported in: I(1988)ACC456
M.H. Deshpande, J.1. This is an appeal by the 3rd defendant from a decree for Rs. 3,00,000/- passed against the defendants Nos. 1 to 4, while limiting the liability of the 4th defendant the insurer to the amount of Rs. 50,000/- only together with interest on the amount of Rs. 2,50,000/- at 6 per cent per annum.2. The claim is based upon an accident which occurred on 25th January 1975 at about 11 A.M. when Ashok the son of the plaintiffs was proceeding by Central Avenue Road towards Gandhibag on his motor-cycle No. MTA 9196. The 1st defendant was driving motor truck No. MHG 5271 in the same direction from the side of Mayo Hospital towards Gandhibag and while trying to overtake the motor-cycle of Ashok, knocked Ashok from behind near Nirala Chowk. Ashok fell off the motor-cycle and was crushed to death under the left side wheels of the truck. The motor-cycle was also damaged. The 1st defendant drove away the truck without stopping. The police reached the dead body of Ashok to the Mayo Ho...
S. Surendrapal Singh Vs. Waman
Court: Mumbai
Decided on: Jan-25-1988
Reported in: 1(1989)ACC420
B.G. Deo, J.1. I have heard Shri Bhargade learned Counsel for the appellant and Shri Pimparkar the respondent in person.2. The respondent is an Advocate practising at the District Court at Nagpur. According to the appellant the respondent was himself rash and negligent as a result of which motor-cycle bearing No. MTX 1524 dashed against the cycle which the respondent Waman s/o Nilkanthrao Pimparkar was riding and that, therefore the decree passed for Rs. 2,000/-with corresponding costs by way of compensation to the respondent Waman Nilkanthrao Pimparkar has to be interfered with. I cannot accept the contention of the appellant that the respondent was himself negligent The motor cycle of the appellant dashed against the cycle ridden by the respondent while the cycle was taking a turn. The rider of the motor-cycle was duty bound to take care at that time and as such the appellant was clearly liable to pay compensation to the respondent Shri Pimparkar. It is true that there was only one a...
Pandurang Chimaji Agale and Another Vs. New India Life Insurance Co. L ...
Court: Mumbai
Decided on: Jan-21-1988
Reported in: AIR1988Bom248; 1988(2)BomCR177; [1988]64CompCas837(Bom)
Sawant J.1. The question referred to us by the Division Bench is as follows :'Whether a private road or a private place to which the public have a permissive access would be a 'public place' within the meaning of section 2(24) as well as used in section 95 of the Motor Vehicles Act, 1939 ?'2. The facts which give rise to the question may briefly be stated for a correct appreciation of the question as well as the answer that we propose to give. The deceased, Pradeep alias Pradyumna Fulshankar Kapta, was working as a sales engineer in a company called W.G. Forge and Allied Industries Ltd. Thane. At the relevant time, he was on duty at Pune and was looking after the work entrusted to him by the company. As a part of his duty, he was required to visit various factories and on February 27, 1981, he visited the factory of the second appellant, namely, Tata Engineering and Locomotive Co. Ltd., situate at Pimpri, Pune, hereinafter referred to as 'TELCO'. He had gone to the factory on his scoot...
Haroon and Company and ors. Vs. the Reg. P.F. Commi. and ors.
Court: Mumbai
Decided on: Jan-21-1988
Reported in: (1995)IIILLJ566Bom
H.H. Kantharia, J. 1. Petitioner No. I-M/s. Haroon & Company is a partnership firm carrying on business, inter alia, as Commission Agents in fresh fish and other marine products having their office at 9, Saboo Sidik Road, off Palton Road, Bombay-400 001. It consists of five partners. Petitioner No. 2-Haroon Sea Food Private Limited is a Company incorporated on 9th May, 1979 under the Companies Act, 1956. They carry on business as processors and export meat and marine products and processed Food products, having their registered office at Central Ice and Cold Storage Building, 9, Saboo Sidik Road, off Palton Road, Bombay-400001.2. It is the case of petitioners No. 1 and 2 that petitioner No. 1 is an establishment within the meaning and under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'), and the provisions of the said Act are applicable to them and a Code Number bearing No. MH/14039 has been given to it by ...
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