Mumbai Court April 1989 Judgments
T.K. Sethuraman Vs. Collector of Customs (Prev.)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-28-1989
Reported in: (1989)(25)LC507Tri(Mum.)bai
1. The aforesaid 12 appeals arise out of the common order passed by the Collector of Customs (Prev.) Bombay bearing F.No. XVII (GC) 8-12/88 dated 1-2-1989, ordering confiscation of primary gold weighing 2325.400 gms valued at Rs. 7,32,500/- under Section 111(d) of the Customs Act and Section 71(1) of the Gold (Control) Act.2. Since all these appeals are against the order of absolute confiscation of the gold and they are from the persons connected with the Tirumala Tirupathi Devasthanams, whose gold was ordered absolute confiscation, common arguments were advanced and they were heard together and hence this common order.3. The brief facts for the purpose of disposal of these appeals can be stated as under: Tirumala Tirupathi Devasthanamas in Andhra Pradesh receive offerings in Hundis at the temple. These offerings include inter alia primary gold, articles of gold, gold ornaments etc. These offerings of gold are entered in the prescribed records and declared to the Gold Control authorit...
Tag this Judgment!Manik Shrirang Gaikwad and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-28-1989
Reported in: 1989(2)BomCR596
1. This Appeal arises out of the order of conviction and sentence passed by the Special Judge, Solapur, in Special Case No. 3 of 1980 convicting the present Appellant No. 1 (Accused No. 1) of offence under S. 161 of the Indian Penal Code and as also under S. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act 1947 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 300/- and an order of sentence in default of payment of fine.Appellant No. 2 (accused No. 2) is convicted for offence under S. 165A of the I.P.C. and he is also sentenced to suffer R.I. for one year and to pay a fine of Rs. 300/- together with sentence in default of payment of fine.The prosecution case has been fully stated by the lower Court in paragraphs 2 to 12 of its judgment and, hence, it is unnecessary to recount the various facts which are unfolded by the prosecution case. I will, therefore, state the prosecution case very briefly as follows :It is useful setting out the...
Tag this Judgment!Nazamunnissa Shaukat Ali and Another Vs. Municipal Corporation of Grea ...
Court: Mumbai
Decided on: Apr-28-1989
Reported in: 1989(3)BomCR267; 1990CriLJ619
ORDER1. The petitioners are pavement dwellers of Sophia Zuber Road, Nagpada, Bombay-400008. On 3rd November, 1988 their huts along the pavement of Sophia Zuber Road and 1st Peerkhan Street were demolished by the municipal Corporation or Greater Bombay. The Ward Officer of 'E' Ward and the Ward Officer, Removal of Encroachments, were in charge of the demolition. It is the case of the petitioner that while demolishing their hutments the officers and workers of the Bombay Municipal Corporation also took away some of their belongings.2. A Voluntary Social Work Agency known as the Society for the Promotion of Area Resourves Center (SPARC) works amongst the pavement dwellers in 'E' Ward and in some other areas of Bombay. Sparc has an allied organisation known as Mahila Milan which works among women pavement dwellers. They help pavement dwellers in various ways such as obtaining ration cards, encouraging them to have savings and opening Savings Bank accounts for them etc. SPARC has an office ...
Tag this Judgment!The Oriental Fire and General Insurance Company Ltd. Vs. Rajrani Suren ...
Court: Mumbai
Decided on: Apr-28-1989
Reported in: 1990ACJ60; AIR1989Bom378; 1989(3)BomCR326; 1989MhLJ735
Sujata Manohar, J.1. The original petitioners who are the respondents in the present appeal are the wife and seven children of Surendrakumar Sharma who died in an accident on the night of 21 st June 1980 and /or early morning of 22nd June 1980. The accident occurred in the morning at 0.30. hrs. of 22nd June 1980. It seems that late at night on 21st June 1980./22nd June 1980 Surendrakumar Sharma was proceeding on his motor cycle along Bombay Agra Road within the Municipal limits of Nasik. Between Dwaraka Hotel and Inayat Cafe on the National Highway No. 3 by which Surendrakumar was proceeding on his motor bike, there was a stationary tanker bearing No. MHL 4179 which was tail kept on the road unattended. There were no tail lamps on this vehicle which was kept on a jack. Surendrakumar dashed again this tanker and was killed on the spot. The petitioners filed Motor Accident Claims Petition No. 12 of 1981 before the Motor Accident claims Tribunal at Nasik. Opponents 1 and 2 were the driver...
Tag this Judgment!Kamat Holiday Resorts Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Apr-28-1989
Reported in: 1989(2)BomCR261; (1989)91BOMLR587
V.S. Kotwal, J.1. Greenery, pleasant environment, sea breeze and gay relaxed mood furnish the setting for an ideal health and holiday resort. One such location is discovered at Daman which the authorities desired to develop into a prosperous tourists attraction so as to increase the flow of tourists and to accelerate the growth of tourism. It is with that object that the authorities concerned desired to have a restaurant to cater the needs of tourists in all respects and in pursuance of which tender were invited from the various parties interested in the project. The petitioners herein are Private Limited Company Incorporated under the provisions of the Companies Act and are dealing in the business of running and managing hotels, restaurants and holiday resorts at various places through out the Territory of India. The petitioners who have a chain of project such projects at different places intended to accept and undertake this project also and therefore filled in the tender in respons...
Tag this Judgment!Oriental Fire and General Insurance Company Ltd. Vs. Rajranisurendra K ...
Court: Mumbai
Decided on: Apr-28-1989
Reported in: I(1990)ACC114
Sujata Manohar, J. 1. The original petitioners who are the respondents in the present appeal are the wife and seven children of Surendrakumar Sharma who died in an accident on the night of 21st June 1980 and /or early morning of 22nd June 1980.2. The accident occurred in the morning at 0.30 hrs. of 22nd June 1980. It seems that, late at night on 21st June 1980/22nd June 1980, Surendrakumar Sharma was proceeding on his motor cycle along Bombay-Agra Road within the Municipal limits of Nasik. Between Dwarka Hotel and Inayat Cafe on the National Highway No. 3 by which Surendrakumar was proceeding on his motor bike, there was a stationary tanker bearing No. MHL 4179 which was kept on the road unattended. There were no tail lamps on this vehicle which was kept on a jack. Surendrakumar dashed against this tanker and was killed on the spot. The petitioners filed Motor Accident Claims Petition No. 12 of 1981 before the Motor Accident Claims Tribunal at Nasik. Opponents 1 and 2 were the drivers ...
Tag this Judgment!Vinod Dulerai Mehta Vs. Kanak Vinod Mehta
Court: Mumbai
Decided on: Apr-27-1989
Reported in: AIR1990Bom120; 1989(2)BomCR217; (1989)91BOMLR279; I(1990)DMC372; 1989MhLJ600
ORDERSawant J.1. This is an application for review of the order passed on April 24, 1989. Mr. Dwarkad as for the Respondents raised a preliminary objection to the maintainability of the review application, on the ground that sine the Appellant, i.e. the Review Applicant: had withdrawn the appeal no review lies. We are not inclined to accept this contention since as is evident from the order itself, the appeal was withdrawn because at that stage the appellant was advised that no appeal was maintainable against the impugned decision.2. It is now contended, relying on the following judgments that a Letters Patent appeal is maintainable even against an order of interim maintence in a suit for maintenance. We do into see anything in the said judgment to support this contention. The first judgment relied on is of a Division Bench of this Court : AIR1979Bom173 Dinesh Gijubhai Mehta v. Smt. Usha Dinesh Mehta. This was a petition under the Hindu Marriage. Act filed for restitution of conjugal r...
Tag this Judgment!Arun B. Toshniwal Vs. Asstt. Collector of Customs and C. Ex.
Court: Mumbai
Decided on: Apr-27-1989
Reported in: 1991LC121(Bombay); 1989(43)ELT621(Bom)
1. The petitioners are the Directors of a Company known as Messrs Toshniwal Instruments (Bom.) Pvt. Ltd., who is Respondent No. 2 in this petition. The Company manufactures various types of instruments and meters subject to excisable duty.2. Respondent No. 1, an Assistant Collector of Customs, filed a Criminal Case No. 95/85 against the said Company as also the petitioners charging them with the offences under Sections 9(1)(b), 9(1)(bb), 9(1)(bbb), 9(1)(c), 9(1)(d) and Section 17 of the Central Excises and Salt Act, 1944. The allegation is that the accused were clearing excisable goods, namely, meters and instruments manufactured by them, outside the factory on returnable challans without payment of Central Excise duty thereon and without following Central Excise procedures applicable in respect of fully manufactured excisable goods to be cleared outside the factory premises and without any permission from the proper officer to allow them to deviate from the procedure prescribed under ...
Tag this Judgment!Swan Mills Limited Vs. Union of India
Court: Mumbai
Decided on: Apr-27-1989
Reported in: 1989(25)LC18(Bombay); 1989(44)ELT601(Bom)
Sawant, J.1. Appeal No. 227 of 1989. - Appeal admitted. Mr. Dhanuka waives service on behalf of the respondents.Appeal No. 285 of 1989. - Appeal admitted Mr. Andhyarujina waives service on behalf of the respondents.Appeals called our for hearing forthwith.2. These two Appeals arise cut of the interlocutory order passed by the learned Single Judge on February 14, 1989 in Writ Petition No. 202 of 1989. The petitions is filed by the Swan Mills Limited who are the Appellants in Appeal No. 227 of 1989 against the Union of India and who are the Appellants in Appeal No. 285 of 1989. Both the Swan Mills as well as the Union of India are aggrieved by the impugned order. Hence their respective appeals.3. Top appreciate the contentions, be may briefly narrate the facts leading to the appeals. It appears that Messrs Swan Mills, the petitioners in the original petition and the Appellants in Appeal No. 227 of 1989 had filed a petition in this Court in the year 1979 challenging the levy of excise dut...
Tag this Judgment!The Div. Commissioner, M.S.R.T.C. Wardha Div. Vs. Presiding Officer In ...
Court: Mumbai
Decided on: Apr-27-1989
Reported in: [1989(59)FLR499]; (1994)IIILLJ314Bom; 1989MhLJ798
A.A. Desai, J. 1. This petition raises a question as to whether a contemplated action for dismissal or discharge amounts to an Unfair Labour Practice, cognisable under Section 28 read with Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'The Act').2. The petitioner Divisional Controller as a Competent authority held departmental enquiry into the conduct of respondent no. 2 leading to an accident on 8.7.1984 while driving State Transport Bus No. MHQ 8326 resulting in death of a Luna Moped driver. In departmental enquiry, the charges were held to have been proved. The petitioner, therefore, taking into account the previous record and seriousness of misconduct on 25.3.1988 issued show-cause notice proposing punishment of dismissal. The respondent No. 2 thereunder was called upon to submit his say within 3 days.3. The respondent No. 2 instead of submitting his explanation to show-cause noti...
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