Mumbai Court January 1989 Judgments
Garware Plastics and Polyester Ltd. and ors. Etc. Vs. Telelink and ors ...
Court: Mumbai
Decided on: Jan-31-1989
Reported in: AIR1989Bom331; 1989(2)BomCR433; (1989)91BOMLR139
1. The plaintiffs in Suit No. 87 of 1989 claim to be the Assignees of a copyright in relation to Cinematography Films listed in the plaint to be shown on T.V. screen by means of video cassettes., discs and /or tapes of such films. This is popularity known as 'Video Copyright'. The suit is filed by the plaintiffs in a representative capacity on behalf of persons who hold an assignment of video copyrights in respect of cinematography films.2. The plaintiffs in suit No. 151 of 1989 are the producers of cinematography films , who have retained with themselves the video copyrights in respect of such films. Some of these producers have granted the right of telecasting their films to the Government of India or Doordarshan but have retained with themselves the right to telecast films, inter alia, by Cable T.V. 3. These two suits have been filed against various persons who obtained video cassettes of cinenmatograph films from the market and show video films over a Cable. T.V. network which they...
Tag this Judgment!Devram S/O Laxmandas Jamvat Vs. Divisional Controller, Maharashtra Sta ...
Court: Mumbai
Decided on: Jan-31-1989
Reported in: 1990ACJ622; 1990(1)BomCR76; (1989)91BOMLR718
P.V. Nirgudkar, J.1. This Appeal is directed against the dismissal of application for compensation by Ex Officio Member of the Motor Accident Claims Tribunal, Nanded.2. The application was made to the District Judge, Nanded, who is an Ex-Officio Member of the Motor Accidents Claims Tribunal, Nanded under section 110A of the Motor Vehicles Act for compensation by minor Devram through his natural father Dayaram for compensation of Rs. 1,00,000/- for permanent disability and disfiguration of right leg below knee. However, that application against the Divisional Controller, Maharashtra State Road Transport Corporation, Nanded came to be rejected on the ground that the accident took place because of the negligence of the applicant himself and not of the S.T. driver. Aggrieved by this decision and disappointed by this order, injured Devram has come to this Court in appeal.3. It would be useful to take a brief resume of facts before going to the crux of the matter. These facts are not doubted...
Tag this Judgment!Devram Vs. Divisional Constroller, Maharashtra State Road Trans. Corpn ...
Court: Mumbai
Decided on: Jan-31-1989
Reported in: II(1990)ACC51
P.V. Nirgudkar, J. 1. This appeal is directed against the dismissal of application for compensation by Ex Officio Member of the Motor Accidents Claims Tribunal, Nanded.2. The application was made to the District Judge, Nanded, who is an Ex Ofjicio Member of the Motor Accidents Claims Tribunal, Nanded under Section 110-A of the Motor Vehicles Act by minor Devram through his natural father Dayaram for compensation of Rs. 1,00,000/- for permanent disability and disfiguration of right leg below knee. However, that application against the Divisional Controller, Maharashtra State Road Transport Corporation, Nanded came to be rejected on the ground that the accident took place because of the negligence of the applicant himself and not of the S.T. driver. Aggrieved by this decision and disappointed by this order, injured Devram has come to this court in appeal.3. It would be useful to take a brief resume of facts before going to the crux of the matter. These facts are not doubted and indeed ca...
Tag this Judgment!Devram Vs. the Divisional Controller, Maharashtra State Road Transport ...
Court: Mumbai
Decided on: Jan-31-1989
Reported in: I(1990)ACC171
P.V. Nirgudkar, J.1. This appeal is directed against the dismissal of application for compensation by Ex-Officio Member of the Motor Accident Claims Tribunal, Nanded.2. The application was made to the District Judge, Nanded, who is an Ex-Officio Member of the Motor Accident Claims Tribunal, Nanded under Section 110 A of the Motor Vehicles Act for compensation by minor Devram through his natural father Dayaram for compensation of Rs. 1,00,000/- for permanent disability and disfiguration of right leg below knee. However, that application against the Divisional Controller, Maharashtra State Road Transport Corporation, Nanded came to be rejected on the ground that the accident took place because of the negligence of the applicant himself and not of the S.T. driver. Aggrieved by this decision and disappointed by this order, injured Devram has come to this Court in appeal.3. It would be useful to take a brief resume of facts before going to the crux of the matter. These facts are not doubted...
Tag this Judgment!Hindustan Lever Ltd. Vs. Collector of Customs and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-30-1989
Reported in: (1990)(45)ELT310Tri(Mum.)bai
1. This appeal is directed against the order of the Collector of Customs & Central Excise, Kandla Free Trade Zone, bearing No.FTZ/Cus/IMP/83-84/1979 dated 21-3-1984.2. The brief facts necessary for the disposal of this appeal can be stated as below: 3. The appellants, who have set up their unit for export production of Lipstick and cosmetics in the Kandla Free Trade Zone imported second hand machinery for the manufacture of Lipstic. They sought for clearance in terms of Appendix 21 of the Policy. However, the same was objected to on the ground that the goods were not figuring in Appendix 2 eligible for import under OGL. The goods were, therefore, ordered confiscation but allowed redemption. There were three consignments covered by three different Bills of Entry. The total redemption fine imposed in respect of the three consignments is Rs. 12,284.00. The appeal is against the order of confiscation and imposition of redemption fine.4. Shri Gupta, on behalf of the appellants, contend...
Tag this Judgment!Durga Cotton Mills (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-30-1989
Reported in: (1989)29ITD597(Mum.)
2. The assessee is a company under liquidation. The assessee-oompany is being assessed through the Official Liquidator. The relevant accounting year ended on 30-6-1981. The original assessment was completed on 31-12-1982. Subsequently, the assessment was reopened. The Official Liquidator had executed conveyance on 12-3-1981 for transfer of the fixed assets in pursuance of the order of the High Court. The assets were transferred for Rs. 45 lakhs. The consideration for transfer in respect of land and building was Rs. 10,10,000, while the consideration for transfer in respect of plant and machinery was Rs. 34,90,000, making in at Rs. 45 lakhs. The conveyance was lodged for registration on 24-3-1981.3. The business of the assessee-company had discontinued in the accounting year relevant to the assessment year 1968-69. The business loss of the assessment year 1968-69 was Rs. 1,51,987. Thereafter the company was under liquidation. On account of the sale of the assets in the accounting year ...
Tag this Judgment!State of Maharashtra Vs. Kishore Annaji Chawade
Court: Mumbai
Decided on: Jan-30-1989
Reported in: 1990CriLJ1556; 1989MhLJ139
Deshpande, J.1. In this appeal by the State against the order dated 17-9-1985 acquitting the respondent, two questions arise; firstly, whether the learned Chief Judicial Magistrate was justified in acquitting the respondent under S. 256(1) Criminal Procedure Code, and secondly, whether the appeal by the State is competent under S. 378(1), Criminal Procedure Code. For deciding the first point it is necessary to set out in some detail how the case proceeded in the Court below.2. Shri B. V. Pande, Inspector in the Food and Drugs Administration filed a complaint against the respondent under Section 9 of the Prevention of Food Adulteration Act, contending in the Court of the Chief Judicial Magistrate, Wardha, on 4-5-1984, that the respondent had sold adulterated linseed oil. On the first two dates, the respondent was absent and there was no appearance for the complainant. On 7-10-1984, the Assistant Public Prosecutor appeared for the State and the respondent was present. On 29-11-1984, 4-1-...
Tag this Judgment!Rashid @ Nari Khan @ Noor Mohamed Vs. K.L. Verma Jt. Secy. and ors.
Court: Mumbai
Decided on: Jan-30-1989
Reported in: 1989(25)LC521(Bombay)
D.N. Mehta, J.1. The Petitioner herein Rash id @ Nari Khan @ Noor Mohamed, who will hereinafter be referred to as 'the Detenu' has filed this Writ Petition through jail impugning the Order of detention dated 16th August, 1988 passed against him by the Joint Secretary to the Government of India under Section 3 Sub-section (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (ORD. 7 of 1988).2. This Petition can be disposed of on a short point that a vital and, material document which had influenced the subjective satisfaction of the detaining authority had not been supplied to the detenu by the detaining authority, Shri Jethmalani, learned Counsel appearing on behalf of the detenu, drew our attention to paragraph IL of the grounds of detention supplied to the detenu in which the detaining authority had made the following observations:The interim bail petition came up for hearing en i0.8.1988 and further date was fixed for 17.8.1988. Even...
Tag this Judgment!Agrima Project Engg. and Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-27-1989
Reported in: (1990)32ITD421(Mum.)
1. The assessment years involved in these appeals, which have been filed by the assessee, a resident company, are 1979-80, 1980-81 and 1982-83 with respective previous years having ended with 31st December 1978, 31st December 1979 and 31st December 1981. One of the common issues involved in all these appeals is the deduction claim of the assessee made under Section 80-O of the Income tax Act, 1961. Since learned first appellate authority has decided this issue by way of a common order made for the assessment years 1979-80 and 1980-81, we will first decide this issue for these two years and for the purpose we reproduce hereunder para 4 of the common impugned order, which reads as under:- The next ground of appeal is common for both the years and relates to disallowance of claim of deduction under Section 80-O of the I.T. Act at Rs. 50,04,887 and at Rs. 68,65,216 for the A. Yrs. 1979-80 & 1980-81 respectively for the reasons discussed in the assessment orders for the two years. In b...
Tag this Judgment!Mr. Dominic Arauje Vs. State of Goa
Court: Mumbai
Decided on: Jan-27-1989
Reported in: (1989)91BOMLR156; 1989MhLJ538
Kamat, J.1. The controversy in this petition centers round Note II incorporated under Sub-rule (5) of Rule 80 of the Goa, Daman and Diu School Education Rules, 1986 for short the Education Rules made under Section 29 of the Goa, Daman and Diu School Education Act, 1984. According to the petitioner Trained Graduate teachers is a distinct and separate category from other categories and the post of a Supervisor in a School can only be filled by drawing a Teacher from that category and he being senior to respondent No. 5 was entitled to be considered for the post of a Supervisor and since he has been left out of the consideration he seeks a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ for quashing and setting aside the appointment of respondent No. 5 as a Supervisor and to consider himself for such appointment.2. This controversy arises from the following facts:3. The Missionary Society of St. Francis Xavier also known as Society of Pilar conducts ...
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