Mumbai Court January 1989 Judgments
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Indian Textile Engineers Vs. Collector of C. Ex. and Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-25-1989
Reported in: (1989)(43)ELT130Tri(Mum.)bai
1. Both the above appeals arise out of and are directed against the Order-in-Appeal bearing No. R-211/AHD-84/88 (File No. V-2(84.43) 2732/87/11534) dated 09-08-1988 and No. R-217/AHD-86/88 (File No. V-2 (84.43) 2743/87/11538 dated 09-08-88 passed by the Collector of Central Excise (Appeals), Bombay.2. To-day the aforesaid stay applications were listed for hearing. The appeals were not listed for hearing. After hearing both sides, we decided with the consent of both the sides to take up the appeals themselves for disposal.3. Shri S. J. Vyas, Chartered Accountant of the appellants firm, contended that when they filed the RT-12 returns for months of Oct. 86 and Dec. 86, the Supdt. of the Range made an endorsement or the assessment memorandum directing them to pay an amount of Rs. 83,910.00 in respect of RT-12 of Oct. 86 and Rs. 16,152.38 in respect of RT-12 for Dec. 86. The said endorsement was cryptic and without mentioning any grounds for making the debit. Shri Vyas also mentioned that...
Sitaram S/O Baliramji Bramhane Vs. Ragho S/O Baliramji Bramhane
Court: Mumbai
Decided on: Jan-25-1989
Reported in: 1989(3)BomCR122
M.S. Ratnaparkhi, J.1. The order passed by the Civil Judge, Junior Division, Morshi on 23-9-1986 at Ex. 31 directing the judgment debtor to restore the motor pump to the decree holder within 7 days or in default attachment of the field belonging to the judgment debtor under Order 21, Rule 32 of the Code of Civil Procedure, has been challenged in this revision.2. It is not disputed that the non-applicant decree holder obtained a decree for declaration and injunction, against the judgment debtor. We are not much concerned here with the decree of declaration. Enough to point out that the injunction was to restrain the judgment debtor from disturbing plaintiff's possession over the electric motor pump. This decree came to be passed some time on 28-7-1982. The decree holder, in pursuance of this decree filed an execution application on 28-7-1982. The prayers made in this execution application were:(1) That the judgment debtor should be given notice about the injunction.(i) That the costs of...
B.S. Rawat, Assistant Collector of Customs (P), R and I Vs. Krishnamoo ...
Court: Mumbai
Decided on: Jan-25-1989
Reported in: 1990(26)LC236(Bombay)
B. Lentin, J.1. The 1st respondent is a Chartered Accountant. He is employed in Kuwait. Thanks to the sensitivity of the metal detector at the International Airport at Bombay, the first respondent was on 12.8.1988 detected carrying one gold bar weighing 1 kg. of the market value of Rs. 3,21,000/-. The 1st respondent admitted possession and ownership of this contraband article. In the ensuing complaint filed against him in the Court of the learned Metropolitan Magistrate under Section 135(1)(a) read with 135(1)(i) and Section 135(1)(b) read with 135(1)(i) of the Customs Act and Section 5 of the Imports and Exports (Control) Act, 1947, the first respondent pleaded guilty to all the 3 charges levelled against him. The learned Metropolitan Magistrate accepted his plea of guilt and sentenced him to one day's simple imprisonment and a fine of Rs. 34,000/- on each of the three charges, in default 6 months rigorous imprisonment; the substantive sentences for all the offences to run concurrentl...
Collector of Customs Vs. PravIn Achaldas Parekh
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-24-1989
Reported in: (1989)(22)LC188Tri(Mum.)bai
1. This appeal is directed against the Order-in-Appeal bearing No.S/49-178/87GC, dated 4-1-1988 passed by the Collector Customs and Central Excise (Appeals), Bombay, against the Order-in-Original No.14/87 (DC) of the Deputy Collector of Customs (Preventive) Gold Control, Bombay and directing that the respondent shall be granted a licence within one month from the date of receipt of his ibid order.2. One Shri Pravin Achaldas Parekh, the respondent herein, vide his application in GS-6, dated 27-3-1986 applied for grant of a gold dealers licence and deposited the requisite fees for licence of Rs. 100. The matter was investigated by the Deputy Collector of Customs (Preventive), Gold Control, who vide his order dated 5-3-87 rejected the application of the respondent for grant of such a licence on the ground that the respondent had not fulfilled the requirement of Rule 2 (b) of the Gold Control (Licensing of Dealers) Rules, 1969, inasmuch as the respondents did not process the requisite exp...
Kamalabai Khanderao thete (Sou.) and anr. Vs. Khanderao Murlidhar thet ...
Court: Mumbai
Decided on: Jan-24-1989
Reported in: 1989(1)BomCR418; I(1990)DMC303
H. Suresh, J.1. This writ petition is by a wife and a daughter as against the husband of the former and the father of the latter, respondent No. 1, in respect of an order under section 125 of the Criminal Procedure Code granting maintenance of Rs. 100/- per month for the daughter but nothing for the wife, on the ground that she has been able to keep her body and soul alive by selling vegetables in a vegetables market, and earning her livelihood.2. The relevant facts are as follows :Petitioner No. 1 is the wife of respondent No. 1 and she has been living separately since August 27, 1978. She filed this application under section 125 of Cri.P. Code in the Court of the Chief Judicial Magistrate, Nasik, being Miscellaneous Application No. 82 of 1982 on April 13, 1982. It is an admitted position that much before the filing of the application, respondent, No. 1 had taken a second wife. Before the learned Magistrate, it was alleged that she was having a paramour and that she was living in adul...
J.R. Jugele, Rly. Contractor Vs. Smt. Sitabai Atamaram and ors.
Court: Mumbai
Decided on: Jan-23-1989
Reported in: 1989(3)BomCR163; [1989(59)FLR628]; (1991)ILLJ233Bom
Ghodeswar. J.1. The petitioner has challenged the award of Labour Court dated 30th July 1979 on various grounds.2. The petitioner was a Railway Contractor and He had taken contract of loading and unloading of coal and collecting cinder with the South Eastern Railways for a period of one year. The petitioner had engaged labourers for collecting cinder from ashes and he used to supply labourers at the rates fixed by the Railways. The respondent Sitabai Atamaram was working as a coolie with the petitioner the immediate employer. The respondent alleged that her services were terminated on 16th January 1977 by the petitioner and hence she raised industrial dispute regarding her dismissal before the Conciliation Officer, Deputy Commissioner of Labour, Nagpur. Under the powers conferred on him by the Maharashtra Government, the Deputy Commissioner of Labour, Nagpur, referred the following dispute to the Labour Court, Nagpur:'Smt. Nagarare, who has been terminated from the employment of M/s. J...
Amrutlal Weljibhai Rathod Vs. Vishwasrao Deorao Patil
Court: Mumbai
Decided on: Jan-21-1989
Reported in: AIR1989Bom410; 1989(3)BomCR467; (1989)91BOMLR246
ORDER1. A Decree passed by the District Judge, Yavatmal on 29-3-1985 in civil Appeal No. 189/82, setting aside the decree of eviction passed by the 5th Joint Civil Judge, Junior Division, Yavatmal on 26-8-1982 in Regular Civil Suit No. 207/81. Has been assailed in this revision. It was not disputed that the plaintiff Amrutlal was the landlord and the defendant Vishwasrao was his tenant occupying the tenement. The plaintiff obtained the permission to determine the tenancy of the tenant from the Rent Controller. In pursuance of this permission , a notice was issued. The suit for eviction came to be filed which was decreed by the trial Court but that decree has been set aside by the Appellate Court in appeal. The dismissed was based only on ground viz. That the quit notice was never served on the defendant with a view to appreciate the real controversy centering round this point, it will be necessary to state that the plaintiff sent one notice on 9-9-1981 by Registered Post A.D. on the ad...
Ashok Keshoram Agarwal Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-21-1989
Reported in: (1989)91BOMLR150
R.A. Jahagirdar, J.1. This petition under Article 226 of the Constitution of India has been filed by the father of a girl, who was at the relevant time studying in the school of the fourth respondent. She appeared for the 9th standard examination in March 1988 and the fourth respondent declared her as having failed. It was the case of the petitioner that despite having been declared as failed, his daughter was entitled to the benefit of a rule to be found in appendix seven of the Secondary Schools Code. This rule provides for certain grace marks to be given in the case of students who failed. The maximum of the grace marks is also specified in the said rule. According to the petitioner, if this rule is followed, his daughter would have to be declared as having passed the 9th standard examination and would have been entitled to be promoted to the 10th standard.2. There is certain correspondence between the petitioner and the education officer on the one hand and the petitioner and the f...
The Cosmos India Rubber Pvt. Ltd. Vs. Mumbai Mazdoor Sabha and ors.
Court: Mumbai
Decided on: Jan-20-1989
Reported in: [1989(59)FLR33]; (1993)IIILLJ18Bom
Mookerjee, C.J.1. The learned single Judge who initially heard this Writ Petition was of the opinion that it would be more advantageous if the matter be heard by a Bench of two or more Judges. In his order the learned single Judge has referred to two reported decisions of this Court regarding the scope of an inquiry under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.2. One Prabhakar Bhau Patil was the workman of the Petitioner Company, On 20th September 1976 the company had served a charge-sheet upon him. On 4th February 1977 another set of charges were served upon the said Prabhakar Bhau Patil. The Petitioners company caused a departmental inquiry to be held in respect of the said charges. The workman who was represented by a defence representative had participated in the inquiry. On 21st April, 1977 the said domestic inquiry was held ex-parte against the workman and was concluded. The Petitioner company by letter dated ...
Shantilal Misrilal Chhajed Vs. Sadashiv Murlidhar Ratnaparkhi
Court: Mumbai
Decided on: Jan-19-1989
Reported in: (1989)91BOMLR860
A.D Tated, J.1. This writ petition is directed against the judgment and decree dated 27th January, 1981 passed by the Extra Assistant Judge, Nasik (Shri J.G. Chitre), in Civil Appeal No. 242 of 1987 against the Judgment and decree dated 28th August, 1978 passed by the Civil Judge, Junior Division, Nandgaon, in Regular Civil Suit No. 179 of 1974.2. The facts giving rise to the present writ petition are that the respondent-plaintiff owns a house bearing number 464 situate at Nandgaon District Nasik. The petitioner-defendant occupies three rooms on the western side and one room admeasuring 15'x5' on the northern side as tenant of the plaintiff-landlord. He first hired three rooms on monthly rent of Rs,27/- and later on hired one more room on monthly rent of Rs. 13/-. The defendant-tenant paid rent to the father of the plaintiff-landlord and after his death to the plaintiff at the rate of Rs. 40/- per month. The father of the plaintiff did not issue rent receipts to the defendant. He maint...
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