Mumbai Court July 1989 Judgments
Rajesh Arjunbhai Patel Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-31-1989
Reported in: AIR1990Bom114; 1990(1)BomCR68; 1990(1)MhLj55
ORDER1. This petition under Art. 226 of the Constitution of India impugns parts of G.R: No. CBC-1083. 103591 R-11 dated March 13, 1985 (Ex.9) and certificate dated 25-6-1987 (Ex. R) based on the said Government Resolution.2. Petitioner's father Arjunbhai and mother Meenabehn hail from Village Vir-pore, Taluka Nanded, District Broach, Gujarat State. Arjunbliai is from the Bhil tribe which tribe is to be found in a number of States of India including Gujarat and Maharashtra. The founding fathers being aware of the disabilities from which certain sections of the people suffered, took care to incorporate in the Constitution provisions desinged to provide compensatory discrimination in favour of these sections. The disabled include Scheduled tribes, Groupes to be recognised as such tribes have to figure in a notification which the President issued in consultation with the Governor where the specification is in relation to a State. Parliament can by law amend this notification whether by inc...
Tag this Judgment!Satyabhamabai (Deceased by Lr) and Etc. Vs. Pandurang Marotrao Pawar
Court: Mumbai
Decided on: Jul-31-1989
Reported in: AIR1990Bom134; 1990(1)BomCR99; [1990]183ITR290(Bom)
1. These appeals raise a question as to what is the extent and nature of a right, interest and title of an ostensible owner vis-a-vis a real owner of benami propertyFacts involved in these appeals, to some extent, are inter-linked. They are heard together and being disposed of by this common judgment.2. One Satyabhamabai widow of Balaji Kitey, the original plaintiff, claimed to be an owner of the suit house. She stated to have purchased the suit house vide sale-deed Exh.C-1 dated 7-1-1936 by making the payment of a consideration of Rs. 1600/-. She had three brothers; (i) Yeshwantrao, (ii) Laxmanrao and (iii) Marotrao. The defendant Pandurang is a son of Marotrao. According to her, she intended to execute a Will bequeathing the suit house to the sons of her brothers. She instructed defendant Pandurang to prepare a Will, She alleged that defendant presented Exh. 35 dated 21-6-1966 representing her as a Will drafted according to her instructions and wishes. She being an illiterate and old...
Tag this Judgment!Harish Silk Mills Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-31-1989
Reported in: 1989(25)LC227(Bombay); 1989(43)ELT614(Bom)
1. The petitioners imported three consignments of Nonyl Phenol Ethylene Oxide in October-November 1981 and cleared the same to the bonded warehouse of the Bombay Port Trust. In December 1981 they imported one consignment of Methylene Chloride and cleared the same to the bonded warehouse of the Bombay Port Trust advising them that the goods would be sold if not cleared within 10 days. Accordingly, the petitioners arranged for pay orders for payment of Customs duty upon the said goods. The Customs duty, in the sum of Rs. 6,51,708.43, was paid on 28th February 1983 at about 2.30 P.M. under six bills of entry for home consumption. The six bills of entry were thereupon endorsed, 'Passed out of Custom charges'. The petitioners also paid on the same day demurrage upon the said goods in the sum of Rs. 1,18,900.90 to the Bombay Port Trust. After making these payments the petitioners, at 4 p.m. on the very day, approached the Superintendent of the bonded warehouse and requested him to allow them...
Tag this Judgment!Vinayak Dashrath Sontakkey (Dr.) Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-31-1989
Reported in: 1990(1)BomCR280
S.M. Daud, J.1. Petitioner, a Deputy Director of Health Services, invokes Article 226 to protect and further his career in the Public Health Department of the State of Maharashtra.2. Petitioner and three others while holding different posts were appointed as Deputy Directors on a recommendation of the Maharashtra Public Service Commission. This was under Government Resolution dated 2-11-1981 which is at Ex.A. The clause in regard to probation therein reads thus :'All the officers will be on probation for a period of 2 years from the date they take over a charge of the post. In case they do not complete the period of probation of 2 years satisfactorily the same may be extended by Government by such period as it may consider proper. If during the extended period, their performance remains unsatisfactory, their services are liable to be terminated without notice and they are liable to be posted back to their substantive appointments as the case may be.'He was selected for a W.H.O. fellows...
Tag this Judgment!Suman Vs. Jaikumar
Court: Mumbai
Decided on: Jul-30-1989
Reported in: I(1990)DMC446
A.A. Desai, J.1. By this appeal, appellant wife has questioned the decree of divorce granted by the trial Court in favour of respondent.2. Appellant Suman in 1962 married with respondent-Jaikumar. After the marriage, she started living with respondent at Kalamb, district Yavatmal where he was serving as a teacher. In 1964, she was blessed with son Chandrakant. In 1966, she was blessed with daughter. However, she did not survive. In 1967, respondent-Jaikumar shifted his residence from Kalamb to his parental house at Venikota which is about 7 miles away from Kalamb. Appellant Suman stayed with him at Venikota for 3 to 4 days. She left Venikota on 15-1-1967 and started residing with her mother at Nagpur. Respondent husband wrote letters but she did not come back. He, therefore, on 3-5-1967 issued notice. However, the appellant Suman did not respond.3. Respondent-Jaikumar, therefore, filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. His clai...
Tag this Judgment!Sesa Goa Ltd. Vs. First Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-28-1989
Reported in: (1989)31ITD209(Mum.)
1. The only point involved in these appeals is as to whether the assessee would be entitled to deduction under Section 80-J of the Act in respect of Barges owned by it.2. The assessee is a company. The assessment years are 1980-81 and 1981-82 and the relevant previous years are the financial years ended on 31st March, 1980 and 31st March, 1981 respectively.3. The facts in brief are that the assessee is carrying on mining operations and shipping the ore with the help of barges owned by it.The assessee also hires out barges to other parties. These barges are ranging between 750 and 1000 dwt. and are self-propelled.4. On the aforesaid facts, the assessee claimed deduction Under Section 80-J of the Act in respect of the barges owned by it which the I.T.O.had accepted in the assessments framed Under Section 143(3) read with Section 144B of the Act. However, the only dispute between the assessee and the I.T.O. was in respect of the treatment to be given to liabilities in working out the 'ca...
Tag this Judgment!RobIn Alias Robert Sanna Joseph Vs. V.K. Saraf, Commissioner of Police ...
Court: Mumbai
Decided on: Jul-28-1989
Reported in: 1990CriLJ342
Kurdukar, J.1. One Robin alias Robert Sanna Joseph came to be detained pursuant to the order of detention dated 20th January, 1989 issued under S. 3(2) of the National Security Act, 1980 by the 1st respondent - the Detaining Authority. This detention order was served on the detenu on 31st January, 1989.2. The 1st respondent is the Detaining Authority - Commissioner of Police, Greater Bombay. The 2nd respondent is the State of Maharashtra and the 3rd respondent is the Union of India. At the outset, it must be stated that this writ petition is filed by the detenu himself under Article 226 of the Constitution of India. The Vakalatnama which is on record is signed by the detenu. But, however, the writ petition has been sworn by one Mohan Gangadhar Mohite, who claims to be next friend of the detenu. The writ petition, therefore, is not sworn by the detenu himself. In the body of the writ petition, no-where the next friend has set out as to what is the source of his knowledge to state that c...
Tag this Judgment!insurance Company of the Ussr (ingosstrakh) Ltd. Vs. U.O.i.
Court: Mumbai
Decided on: Jul-27-1989
Reported in: 1989(25)LC563(Bombay); 1989(43)ELT624(Bom)
1. The petitioners are an insurance company incorporated under U.S.S.R. laws. The petitioners had insured the transaction in petition, namely, the export by the National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED) to VIO Export Khleb, an organisation of the U.S.S.R. Government, of HPS Kernels in bags. Between 1st and 21st March 1980 a part of the consignment was loaded at Bedibunder on the vessel n.v. 'ROREIN ROLLAND', 1754 metric tonnes being loaded in to Hatch No. 3. On 22nd March, 1980 the vessel sailed to Porbunder enroute to Odesa-a and the balance of the consignment was loaded there. On the same day a fire broke out in Hatch No. 3 and it was brought under control after some days by the use of carbon dioxide gas and sea water. The part of the consignment that was loaded in Hatch No. 3 was damaged. On 28th March 1980 permission was sought from the Customs authorities to unload the damaged cargo because it was swelling and rotting within the vessel. Permissi...
Tag this Judgment!Dr. Sanjay Manmal Sanghavi Vs. State of Maharashtra Adn Others
Court: Mumbai
Decided on: Jul-26-1989
Reported in: AIR1990Bom232
ORDERDeshpande, J.1. By this petition under Art. 226 of the Constitution, the petitioner seeks a direction for quashing the selection of the respondents 4 & 5 for the Post Graduate three-year Degree course in Orthopaedics and to admit him for the postgraduate three-year degree course in Orthopaedics in the Govt. Medical College, Nagpur.2. The petitioner passed M.B.B.S. examination in May 1989 securing 264 out of 400 marks in General Surgery. His internship commenced in July 1987 and was completed in June 1988. The respondent No. 2 Dean of the Govt. Medical College, Nagpur issued a notice on 16-8-1988 inviting applications for Post Graduate registration for three year Degree course and also for 2 year Diploma courses from August 1988 term, stating therein the seats available in open and reserved categories in different subjects, the reservation being 34% for all the reserved categories in pursuance of the Govt. Resolutions dated 18-6-1971 and 20-8-1983. Simultaneously a notice was also ...
Tag this Judgment!Mrs. Mangal Sarjerao Bharate Vs. A.B. Bhangre and Others
Court: Mumbai
Decided on: Jul-26-1989
Reported in: 1990CriLJ131
Ashok Agarwal, J.1. An attitutde of avoidable confrontation has been taken by the Sub-Divisional Forest Officer, Palghar, in the matter of seizure of a tempo in respect of a forest offence which was allegedly committed on the 18th of April, 1989. On the said date at about 8.00 p.m. the said tempo bearing Registration No. MRQ/3305 was seized by the Sub-Divisiotaal Forest Officer. This was on the Ahmedabad National Highway at some place between Virar and Manor. The said tempo was empty at that time. The Driver and the Cleaner of the said tempo came to be arrested. Two other persons were also apprehended from a nearby village. All the four along with the tempo were produced before the learned Judicial Magistrate, Class, Vasai, at 6.00 p.m. on the 20th of April, 1989 along with a remand application and the learned Magistrate was pleased to remand the four accused to magisterial custody till the 29th of April, 1989.2. On the 25th of April, 1989, the owner of the tempo, who was not present a...
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