Mumbai Court April 1989 Judgments
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Maharashtra State Road Transport Corporation, Bombay Vs. Pushpaben Raj ...
Court: Mumbai
Decided on: Apr-25-1989
Reported in: II(1990)ACC139; AIR1990Bom214; 1989(3)BomCR415; (1989)91BOMLR434; 1989MhLJ852
ORDERDharmadhikari, J.1. This appeal is filed by the Maharashtra State Road Transport Corporation against the award passed by the District Judge and Member of the Motor Accident Claims Tribunal, Dhule dt. 28th of April, 1984 granting to the claimants an amount of Rs. 1,02,937/- as compensation with interest at the rate of 6% p.a. from the date of application till its realisation.2. On the morning of 26th November, 1982 at about 9.30 a.m. Rajarambhai the deceased was going on motor cycle No. MTC-2546 from Pimpalod to Nadurbar. Purshottambhai was sitting on the pillion seat and Rajarambhai was driving the vehicle. The deceased Rajarambhai was holding a valid driving licence. The accident took place in the out-skirts of Nandurbar town on Nandurbar Korit Road. S. T. Bus No. MTB 5147 owned by the appellants and driven by its employee Pandurang came from the opposite side. At the spot of the accident there is a turn and while the bus was negotiating the turn, it is alleged that it came on th...
D. Navinchandra and Co. Vs. Union of India
Court: Mumbai
Decided on: Apr-25-1989
Reported in: 1991LC386(Bombay); 1989(43)ELT266(Bom)
A.C. Agarwal, J.1. The Petitioners along with two other parties viz. M/s. B. Vijaykumar & Co. and M/s. Star Diamond Company (India) had challenged the order dated 30-10-1986 of confiscation and the fine levied in lieu of confiscation passed by the Collector. The Customs, Excise and Gold Control Appellate Tribunal by its order dated 10th August 1987 confirmed the order of the Collector. M/s. B. Vijaykumar & Co. and M/s. Star Diamond Company challenged that order by filing Civil Appeal Nos. 4445 and 4446 of 1988 in the Supreme Court. By order dated 16th December 1988 the Supreme Court allowed the aforesaid appeals and set aside the order of the Collector and the Tribunal with reguard to the confiscation of the goods and imposition of redemption fine and directed the Custom authorities to refund the amount of redemption. The Petitioners in the present petition though governed by facts identical to the facts of M/s. B. Vijaykumar & Co. and M/s. Star Diamond Company, had not approached the ...
Khushal Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-25-1989
Reported in: (1989)91BOMLR801; I(1990)DMC75
M.S. Ratnaparkhi, J.1. The order of conviction and sentence recorded by the Additional Sessions Judge, Chandrapur, on 19-12-85 in Sessions Trial No. 114/84, convicting the accused No. 1 (present appellant) for the offence punishable under Section 498-A of Indian Penal Code and sentencing him to suffering rigorous imprisonment for 6 months and fine of Rs. 200/- or in default further rigorous imprisonment for two months, has been challenged in this appeal.2. The present appellant along with his father and mother were prosecuted for the offence punishable under Section 306 and 498-A of Indian Penal Code. According to the prosecution, the deceased Antkala @ Suman was married to the present appellant. The appellant along with his wife (the deceased), father Maroti (original accused No. 2) and mother Bhiwarabai (original accused No. 3) were staying under the same shelter, It is the case of the prosecution that the accused No. 1 (present appellant) at the instance of accused Nos. 2 and 3 used...
Maharashtra State Road Trans. Corpn. Vs. Pushpaben Rajarambhai Patel a ...
Court: Mumbai
Decided on: Apr-25-1989
Reported in: 1990ACJ196
C.S. Dharmadhikari, J.1. This appeal is filed by the Maharashtra State Road Transport Corporation against the award passed by the District Judge and Member of the Motor Accidents Claims Tribunal, Dhule dated 28th April, 1984 granting to the claimants an amount of Rs. 1,02,937/- as compensation with interest at the rate of 6 per cent per annum from the date of application till its realisation.2. On the morning of 26th November, 1982 at about 9.30 a.m. Rajarambhai, the deceased, was going on motor cycle No. MTC 2546 from Pimpalod to Nandurbar. Purshottambhai was sitting on the pillion seat and Rajarambhai was driving the vehicle. The deceased Rajarambhai was holding a valid driving licence. The accident took place in the outskirts of Nandurbar town on Nandurbar-Korit Road. S.T. bus No. MTB 5147 owned by the appellants and driven by its employee Pandurang came from the opposite side. At the spot of the accident there is a turn and while the bus was negotiating the turn, it is alleged that...
Zulekhabi Saifulla Chaudhary and ors. Vs. Madhav Pandharinath Jadhav a ...
Court: Mumbai
Decided on: Apr-25-1989
Reported in: 1990ACJ329
Sujata V. Manohar, J.1. The appellants are the original applicants in Motor Accident Claim No. 317 of 1983 filed by them in the court of the Motor Accidents Claims Tribunal, Thane. The appellants are the widow and 5 children of the deceased Saifulla Riyasat Chaudhary who died in an accident on 7th May, 1983.2. It seems that at about 11 a.m. on 7th May, 1983 Saifulla was travelling on the road from Nasik to Thane on his motor cycle. The original opponent No. 1 was the driver of a truck belonging to opponent No. 2 company which was coming from the opposite direction. There was a collision between the motor cycle driven by Saifulla and the truck driven by opponent No. 1 near village Kalher. Though it is a regular highway, the road was only 12 ft. wide at the spot of the accident. The accident took place at where there was an 'S' shaped curve on this road. According to Arjun Sitaram Goil, who was a security guard present at a distance of 15 ft. from the turning where the accident took plac...
Zulekha Bai Saifulla Chaudhary and ors. Vs. Madhav Pardharivath Jadhav ...
Court: Mumbai
Decided on: Apr-25-1989
Reported in: II(1990)ACC134
Sujata Manohar, J.1. The appellants are the original applicants in Motor Accident claim No. 317 of 1983 filed by them in the court of the Motor Accidents Claims Tribunal, Thane. The appellants are the widow and 5 children of the deceased Saifulia Riyasat Chaudhary who died in an accident on 7th May, 1983.2. It seems that at about 11 a.m. on 7th May, 1983 Saifulia was travelling on the road from Nasik to Thane on his motor cycle. The original opponent No. 1 was the driver of a truck belonging to opponent No. 2 Company which was coming from the opposite direction. There was a collision between the motor cycle driven by Saifulia and the truck driven by opponent No. 1 near village Kalher. Though it is a regular highway, the road was only 12ft. wide at the spot of the accident. The accident took place at where there was an 'S' shaped curve on this road. According to Arjun Sitaram Goil, who was a security guard present at a distance of 15 ft. from the turning where the accident took place, h...
R.K. Synthetics and Fibres Pvt. Ltd. Vs. Asstt. Collector of Customs
Court: Mumbai
Decided on: Apr-24-1989
Reported in: 1991(31)ECC84; 1989(24)LC13(Bombay); 1989(43)ELT223(Bom)
1. The conduct of the Respondent No. 1 in this case, to say the least, is most reprehensible. He has realised a large sum of Rs. 2,63,967.75 p. illegally and is refusing to refund the same on the spacious ground that the Petitioners' application for refund is barred by limitation.2. The Petitioners in November, 1983 and January, 1984 had imported various consignments of Synthetic Waste. The Customs Department sought to impose countervailing duty on these goods. It being the claim of the Petitioners that no duty was payable, they filed in this Court Writ Petition No. 588 of 1984. On the 19th March 1984, Rule on the Petition was issued and interim relief in terms of prayer clause (d) therein was granted and it was ordered -'3. The Respondents will permit the Petitioners to clear the goods, viz., synthetic wastes covered by Bills of Entry at Ex. 'C' and 'D' without levying or collecting thereon an additional duty, i.e., countervailing duty, upon the first petitioner furnishing a guarantee...
Pyari Ambalal Dave Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-24-1989
Reported in: 1989(25)LC33(Bombay)
S.K. Desai, Acting C.J.1. The detenu will have to be released, in our opinion, on the simple ground of delay in passing the order of detention.2. The incident, which resulted in the detention order, occurred on 19th December, 1987 on which date the detenu was accosted near Chandanwadi Cremtorium, and from a cloth bag he was carrying, six gold biscuits were recovered. According to the detenu, these six gold biscuits had been given to the detenu by one Bipin for transporting them from Ghatkopar to Sonapur Lane. This Bipin was to travel behind the detenu and was subsequently to meet the detenu at Sonapur Lane where he was to collect the cloth bag with its contents. Needless to say that no further particulars about Bipin were made available by the detenu and Bipin could not, therefore, be detained. The order of detention is dated 12th September 1988. It was served on the detenu on 27th September 1988.3. It has been pointed out by the learned Counsel for the petitioner, who is the wife of t...
First Income-tax Officer Vs. Automobile Peuggeot.
Court: Mumbai
Decided on: Apr-24-1989
Reported in: [1989]30ITD329(Mum)
ORDERPer N. R. Prabhu, A.M. - These are departmental appeals relating to assessment years 1981-82 and 1982-83. We shall deal with the appeal for the assessment year 1981-82. The grounds of appeal are as under :(1) The CIT (A) erred in holding that the amount of Rs. 94,77,784 received by the assessee-company from M/s. Mahindra & Mahindra Ltd. in terms of agreements dt. 6-11-1979 and 6-3-1980 for supply of technical know-how for manufacture of PEUG-EOT engine XDP 4.90 cannot be brought to tax under the heed royalty ?(2) The CIT (A) erred in holding that even if the payment is in the nature of royalty, the source cannot be said to be in India and hence cannot be subjected to tax as royalty in India (3) The CIT (A) erred in holding that the payment represents fees for technical services, that services were rendered outside India and that the income would accrue outside India, and on that ground further holding that the amount cannot be brought to tax ?(4) The CIT (A) erred in directing the...
Shrawan Kumar Ubhale Vs. Sau. Durga Shrawan Ubhale and ors.
Court: Mumbai
Decided on: Apr-22-1989
Reported in: I(1990)DMC299
V.A. Mohta, J.1. Applicant Shravan Ubhale married non-applicant No. 1 Sau. Durga on 2nd May, 1982. Very soon misunderstanding developed between the two and relations got strained. There was exchange of correspondence. All attempts at reconciliation failed. On 13-6-1983 there was a divorce between the two by mutual consent. Two documents Divorce Deed (Ex. 15) and Consent Deed (Ex 10) were executed by both. Thereafter both started residing separately. Sau. Durga was pregnant at the time of Divorce. She delivered a male child Kailash (non-applicant No. 2) after a month or two. When Kailash attained the age of about 1-1/2 years, Sau. Durga filed an application for maintenance under Section 125 of the Code of Criminal Procedure for herself as well as Kailash. Shravan resisted the application inter alia on the ground that Sau. Durga had specifically - relinquished her right to claim past and future maintenance.2. The learned Judicial Magistrate repelling the defence, granted maintenance to D...
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