Mumbai Court February 1989 Judgments
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Vysya Bank Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-06-1989
Reported in: (1989)(41)ELT441Tri(Mum.)bai
1. This is an appeal directed against the order of the Collector of Customs (Appeals) bearing No.595/88-BOM dated 28/1/88 upholding the order of the Dy. Collector of Customs confiscating the goods and allowing the appellants, the Vysya Bank Ltd. to redeem the goods on payment of a fine of Rs. 50,000/- in respect of each Bill of Entry.2. The brief facts of the case for the purpose of disposal of the appeal can be stated as below: M/s Vandana Enterprises, Bombay imported two consignments of Dodecyl Benzene in the capacity of letter of authority holder of M/s Alam Tanneries Pvt. Ltd. Calcutta. These two consignments were sought to be cleared against six .licences issued to M/s Alam Tanneries Pvt. Ltd. The said six licences have been endorsed umier the provisions of para 148(2) of the Import Policy 1983-84 and are subjected to the condition that the items as per the list attached to the licences, should be the items which are required by the manufacturer exporter for the production in his...
Tukaram s/o Laxman Gandewar Vs. Piraji s/o Dharmaji Sidarwar Died thro ...
Court: Mumbai
Decided on: Feb-06-1989
Reported in: 1989(3)BomCR156; (1989)338BOMLR91; 1989MhLJ815
B.N. Deshmukh, J.1. The petitioner challenges the orders passed against him for restoration of possession of agricultural land bearing Survey No. 56/AA admeasuring 11 acres 37 gunthas of village walki-Buj Taluka Kinwat, in favour of deceased respondent Piraji who is now represented by respondents Nos. 1 to 3.2. The land originally belonged to one Sakharam Bhumayya Gandewar, a non tribal from whom deceased Piraji purchased under a sale deed dated 24-4-1974. Later on deceased Piraji sold this land to petitioner under a sale deed dated 9-9-1974.3. The proceedings under section 36-A were initiated for restoration of possession of this land to deceased respondent Piraji on the ground that the sale is in contravention of provisions of section 36-A of Maharashtra Land Revenue Code.4. The authorities granted restoration in favour of deceased Piraji on the ground that Piraji is a tribal and occupancy of the tribal is transferred in favour of the petitioner who is non-tribal after provisions of ...
Namdeo S/O Maroti Gabhane Vs. Monabai (Smt.) W/O Laxman Jadhao and anr ...
Court: Mumbai
Decided on: Feb-03-1989
Reported in: 1990(2)BomCR168; 1991(1)MhLj906
M.S. Ratnaparkhi, J.1. The decree passed by the Joint, Judge Akola on 20-12-1984 in Regular Civil Appeal No. 303/82, allowing the appeal and remanding the matter to the trial Court for decision according to law, has been challenged in this revision.2. The facts giving rise to this revision may be briefly stated as follows:Monabai and Ramkrishna (the present respondent Nos. 1 and 2), instituted Regular Civil Suit No. 98/76 before the Joint Civil Judge, Junior Division, Washim for injunction restraining the defendant (present petitioner) from obstructing their possession over Survey Nos. 347/1 and 462. This suit came to be opposed by the defendant on various grounds with which we are not concerned at this stage. The trial went on. Two witnesses of the plaintiffs were examined on 1-4-1981 and the case was placed for further evidence on 2-4-1981. On 2-4-1981, both the parties filed an application Ex. 63 stating that they are proposing to settle the matter amicably. They requested time from...
Prakash Mansukhlal Turakhia Vs. Naren T. Shah and ors.
Court: Mumbai
Decided on: Feb-03-1989
Reported in: 1989(1)BomCR518
H. Suresh, J.1. This petition is to quash a process issued on a complaint filed by respondent No. 1 in the Court of the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, in Case No. 26/S/85.2. The petitioner and respondent No. 2 were partners in a firm known as M/s. N. Rajnikant & Co. Respondent No. 1 is the husband of respondent No. 2. According to the complaint, the petitioner-accused was looking after the business till about 1980 and was maintaining accounts. In 1980, the petitioner started his own firm of Messrs. K. Manusukhlal & Co. and was doing the same business. According to the complainant when the accused started his own business, he handed over the partnership business, of Messrs, N. Rajnikant & Co. To his wife (Respondent No. 2) and their son Ketan and since then the complainant looked after that affairs of the firm.3. It appears that one Messrs. Revers Remedies Pvt. Ltd. were one of their customers to whom goods were supplied. On going through the ac...
Surekha Ramchandrarao Sheshgir (Dr.) Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-03-1989
Reported in: 1989(3)BomCR508; 1989MhLJ915
S.M. Daud, J.1. These are cross-petitions under Article 226 of the Constitution-the prize being registration in M.D. Radiology.2. The Medical College at Ambejogai (whose Dean is a respondent to the petitions along with the State and the Director of Medical Education & Research) is a Government institution. Dr. Chavan-the petitioner in Writ Petition No. 1462 of 1988 and respondent No. 5 in the other petition is serving as a Lecturer in the Department of Radiology in the aforementioned College. He and Dr. Sheehgir-the petitioner in Writ Petition No. 223 of 1988 responded to the advertisement dated 25-1-1988 calling for applications for registration for M D. in Radiology in the faculty of Medicine of the Marathwada University for the session commencing in January 1988. That University and the State Government have framed rules to regulate admissions to graduate and post-graduate courses in the Medical Colleges. In regard to reserved seats, the two specifications laid down by the rules is ...
B.S. Rawant Vs. Shaikh Abdul Karim and Another
Court: Mumbai
Decided on: Feb-02-1989
Reported in: 1989(2)BomCR209
ORDER1. On August 31, 1987 the Bombay Customs, intercepted a taxi bearing registration No. MMO 2649 at the junction of Keshavji Naik Path and S.V. Road, Bombay-400009. One Taj Mohd. Jan Mohd. Pathan was the driver and the sole occupant of the taxi, at the time of interception. It was found that the taxi was being used for carrying six packages weighing about 76 kgs. containing brown powder purported to be brown sugar and 18 kgs. of white powder purported to be Heroin. The said person was arrested and the taxi was seized under a panchanama. The accused has been charged under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and the case is pending.2. In the meanwhile on Janaury 29, 1988 the present respondent 1 made an application before the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, for return of the said taxi, on the basis that he is the owner of the said taxi, and that he has a t...
Assistant Collector of Customs Vs. Shaikh Abdul Karim
Court: Mumbai
Decided on: Feb-02-1989
Reported in: 1990(47)ELT505(Bom)
1. On August 31, 1987 the Bombay Customs, intercepted a taxi bearing registration No. MMO 2649 at the junction of Keshavji Naik Path and S.V. Road, Bombay - 400 009. One Taj Mohd. Jan Mohd. Pathan was the driver and the sole occupant of the taxi, at the time of interception. It was found that the taxi was being used for carrying six packages weighing about 76 kgs. containing brown powder purported to be brown sugar and 18 kgs. of white power purported to be Heroin. The said person was arrested and the taxi was seized under a panchanama. The accused has been charged under the provisions of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the ('NDPS Act') and the case is pending.2. In the meanwhile on January 29, 1988 the present respondent No. 1 made an application before the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, for return of the said taxi, on the basis that he is the owner of the said taxi, and that he has a...
Deccan Embroidery Manufacturing Co. and anr. Vs. Municipal Corporation ...
Court: Mumbai
Decided on: Feb-01-1989
Reported in: 1989(1)BomCR455; (1989)91BOMLR620
V.S. Kotwal, J.1. A Small Scale Industry for processing grey yarn by bleaching and mercerising the same is being owned and run by the 1st Petitioner partnership firm known as Deccan Embroidery Manufacturing Company, operating from Pune, and the 2nd petitioner is the partner of the same. The said firm by itself does not deal in the manufacture of any yarn as such, but grey yarn of different types is imported within the limits of Municipal Corporation of the City of Pune from various places in India and after processing on the same yarn, the finished yarn is packed in shape of bales and bundles and then marketed to the customers outside the limits of the said Corporation which are impleaded as the 1st respondents. The export out side they city limits of Pune is either directly to the customers or to various branches of the petitioners firm located at different places like Bombay, Hyderabad, Delhi and Calcutta. The ownership of the yarns rests with the firm till delivery is taken by the c...
Gajanan S/O Jairamas Andhare Vs. Commandant General, Home Guards and o ...
Court: Mumbai
Decided on: Feb-01-1989
Reported in: 1989(3)BomCR61; 1989MhLJ296
H.W. Dhabe, J.1. The grievance of the petitioner in the instant writ petition is that he is illegally superseded by the respondents 2 to 13 in promotion to the post of Paltan Naik and other equivalent posts to which the aforesaid respondents were promoted by the order dated 22-6-1984.2. Briefly, the facts are that by the order dated 3-2-1977, the petitioner was appointed as Havildar instructor by the respondents No.1 on purely temporary basis, pending availability of the candidates selected by the Maharashtra Public Services (Subordinate) Selection Board (for short,'MPSSB') or any of the candidates from the Surplus Cadre Cell available with the Collector or in the General Administration Department of the Mantralaya. It is his case that the respondents 2 to 13 were also appointed likewise on purely temporary basis, after he was appointed as per the aforesaid order dated 3-2-1977. Thus according to him, on the basis of the initial order of appointment the respondents 2 to 13 were junior ...
Zilla Parishad Vs. Vilas Gonaji Kamble and ors.
Court: Mumbai
Decided on: Feb-01-1989
Reported in: I(1990)ACC238
P.V. Nirgudkar, J. 1. This judgment would dispose of the appeal as well as the cross-objections arriving out of judgment, passed in Motor Accident Claim Petition No. 10/82, by Ex-Officio Member of the Tribunal, Nanded, in an application filed before him under Section 110-A of the Motor Vehicle Act claiming compensation for Rs. 1,00,000/-for the death of Kondabai Kamble, who died as a result of injury she suffered and sustained in Motor Accident,2. Kondabai Kamble, the victim, was a Sweeper working in Nanded Municipal Council and at about 10.30 a.m. on 5th December, 1981, she was returning home perhaps not knowing that it was her last journey towards the house. Her house is situated in New Mondha, which is beyond the Railway Station and there is a foot-path at about 4 to 5 ft. in width, leading to that house. When she was on the foot-path, a vehicle dashed against her, so severe was the impact and so forcible was the dash of the tractor that because of the injuries she sustained, she di...
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