Mumbai Court July 1989 Judgments
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L.N. Pareira and ors. Vs. Ramesh Mahadev Gaikwad and anr.
Court: Mumbai
Decided on: Jul-26-1989
Reported in: 1989(3)BomCR659
H. Suresh, J.1. Applicant Nos. 1 and 2 are Preventive Officers of Customs and applicant No. 3 is the Superintendant of Customs. They detected a case of carriage of Mandrax tablets valued at Rs. 1,00,000/- to Lusaka, Japan. In the course of investigation, they arrested respondent No. 1, who along with others was produced before the learned Chief Metropolitan Magistrate, Esplanade Court, Bombay, on November 14, 1986. The accused were remanded to jail custody pending investigation and their prayer for bail was rejected. However, Respondent No. 1 complained to the leaned Magistrate, that he had been assaulted by applicant No. 1. His statement was recorded and the medical report was called for from the jail hospital. Respondent No. 1 remained in custody for some time After his release on December 24, 1986 he filed a complaint in the Court of the Additional Chief Metroplitan Magistrate, 37th Court Esplanade, Bombay, as against the presents applicants charging them under section 323 and 506 r...
B.N. Jadeja Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-25-1989
Reported in: (1989)(44)ELT736Tri(Mum.)bai
1. This appeal is directed against the Order-in-Original bearing No.52/Addl. Collr./l985, dated 2-8-1985 so far as it relates to imposition of personal penalty of Rs. 2500/- under Section 112(b)(i) of the Customs Act, 1962 on the present appellant.2. The appellant, who at the relevant period, was Police Sub-Inspector at Bagvadar Police Station, in Junagadh District of Gujarat, has, vide Notice to show cause dated 22-11-1985, been charged to have been concerned in acquiring, removing, possessing, transporting, keeping, concealing 7 VCRs made in Japan, which were found on 13-4-1983, from an open room near Palakhada Bus Stand. The facts leading to levelling of the aforesaid charge, as narrated in the aforesaid show cause notice are, that on 3-4-1983, at about 9.00 p.m., when the appellant with his party was on patrolling on Ketela -Ratdi Road he spotted one oil tanker bearing registration No. MTS 3406 and when signalled to stop, it did not stop, hence it was chased, and was ultimately fo...
Dilip Hanumantrao Shirke and Others Vs. Zilla Parishad Yavatmal and Ot ...
Court: Mumbai
Decided on: Jul-25-1989
Reported in: 1989(2)BomCR661; (1990)ILLJ445Bom; 1989MhLJ794
1. This petition is directed against the interim order passed by the Labour Court, Amaravathi in U.L.P. Case No. 54 of 1987 and other similar cases rejecting the application filed by each of the petitioners in their respective complaints for interim relief claimed under sub-section (2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act No. I of the 1972')2. Each of the petitioners claiming themselves to be qualified for appointment to the post of Sanitary Inspectors, got themselves registered with the District Employment Exchange, Yavatmal. The first respondent submitted a requisition to the Employment Exchange for sponsoring eligible candidates for consideration of appointment to the post of Sanitary Inspector against the then existing vacancies and in pursuance whereof, after complying with the normal formalities pertaining to recruitment, appointed the petitioners to the posts of Sanitary Inspectors...
Association of Maharashtra Education Service Class Ii Officers Vs. Sta ...
Court: Mumbai
Decided on: Jul-24-1989
Reported in: (1991)IILLJ14Bom
Deshpande, J.1. By this petition under Art. 226 of the Constitution, the petitioners seek - (i) a declaration that the petitioners belong to Maharashtra Education Class-I (Collegiate Branch) designated as Professors, (ii) their equation with Lecturers (Junior Scale) under the Government Resolution, dated 25th October 1977, and their superannuation before completing the age of 60 years, be quashed, (iii) to equate the pay scales of the petitioners with those of Readers in the Universities and Principals in the affiliated colleges and give consequential benefits to the petitioners as stipulated by the Government Resolution dated 27th February 1989, (iv) to superannuate the petitioners at the age of 60 years without subjecting them to a review at the age of 50 and 55 years as required by Rule 161(C-a) of the Bombay Civil Services Rules ('BCSR' for short), by Clause 26 of the Government Resolution dated 27th February 1989, and (v) to quash Rule 161 of the BCSR as ultra vires Articles 14 an...
Navabharat Press Vs. Nagpur Union Working Journalists and ors.
Court: Mumbai
Decided on: Jul-21-1989
Reported in: [1989(59)FLR850]; (1995)IIILLJ103Bom
Patel, J.1. The above three petitions under Article 226 of the Constitution of India are directed against an Award dated 29th November, 1978 made by Industrial Tribunal, Nagpur in connection with disputes relating to payment of bonus arising from three separate references made by the Government of Maharashtra under Sections 10(1)(d) read with Section 12(5) of the Industrial Disputes Act, 1947 between the petitioner Navabharat and the workmen employed under them.2. The petitioner Navabharat is a partnership firm duly constituted under the Partnership Act. The management of Navabharat Press publishes a Hindi daily called 'Navabharat'. The Nagpur Union of Working Journalists claimed bonus at the rate of 20% for Working Journalists employed under the petitioner Navabharat for the years 1969 and 1970 in reference (IT.) No. 1/72 and for the year 1971 in reference (IT.) No. 2/73. The third dispute i.e., Ref. (IT.) No. 3/73 was for payment of bonus for the years 1965 to 1971 at the rate of 20%...
Narayandas S/O Gopikisan Sarda Vs. Indian Bank and ors.
Court: Mumbai
Decided on: Jul-21-1989
Reported in: 1989(3)BomCR683; (1989)91BOMLR308
B.G. Deo, J.1. This is an application filed under section 482 of the Criminal Procedure Code by the original accused No. 4, the present applicant Narayandas son of Gopikisan Sarda, Proprietor of M/s. Sarda Goods Transport, Bhandara Road, Bagadganj, Nagpur, for quashing the proceedings against him and others in Criminal Case No. 191 of 1978, pending on the file of the 7th Judicial Magistrate, First Class, Nagpur.2. The challenge to the aforesaid proceedings is mainly on two grounds. Firstly, according to the applicant Narayandas Sarda (original accused no. 4), there was no prima facie case against him and the order passed against him for issuing process under sections 467, 471, 407 read with section 34 of the Indian Penal Code, was an abuse of the process of law. The second and the most important challenge to these proceedings is on the ground that the proceedings in Criminal Case No. 191 of 1978 instituted in the year 1978 (the complaint having been filed on 13-2-1978 before C.J.M. who...
Government of Goa Vs. Ascanio Costa Martins (Deceased) though L.R'S an ...
Court: Mumbai
Decided on: Jul-21-1989
Reported in: (1989)91BOMLR792
G.F. Couto, J.1. This revision application is directed against order dated 21st November, 1988 whereby the learned Distt. Judge,South Goa, substantially dismissed the objections raised by the petitioner in the execution proceedings instituted by the respondents.2. Proceedings for acquisition of land had been initiated by the petitioner, inter alia, in respect of a plant of land with an area of 28,351 sq. mts. belonging to the respondents. The Land Acquisition Officer made his award and the respondents being dissatisfied with the compensation awarded to them, filed an application under Section 18 of the Land Acquisition Act to the District Court, Margao. By his award, dated 1st September, 1982, the learned District Judge, Margao, enhanced the compensation to Rs. 9.50 per sq. mt. as well as gave a compensation of Rs. 2 lakhs towards severance of the land. He also awarded 15% on account of solatium. After the award was made, the petitioner did not challenge it and, on the contrary, deposi...
Chotalal Panachand Bhimani Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-20-1989
Reported in: (1989)(24)LC723Tri(Mum.)bai
1. This is an appeal directed against the Order-in-Appeal bearing No.S/49-28/84.G.C. dated 28-8-1984 passed by the Collector of Customs (Appeals), Bombay, confirming the order-in-original bearing No. 25/83 (D.C) dated 30-11-1983 confiscating 293.100 gms of primary gold found from the residential premises of the appellant with an option to redeem the same on payment of a fine of Rs. 20,000/- and imposition of penalty of Rs. 5000/- on the appellant.2. On 22-10-1982, the residential premises of the appellant were searched, where 293.100 gms of primary gold and 1976.000 gms of gold ornaments were found. The appellant is a licensed goldsmith. The authorities found that there were no registers maintained by him and it appears that he has suspended the business since 1979. So far as the gold ornaments of 1976.000 gms were concerned, they were claimed to be the family ornaments, which on verification, was found to be correct and those ornaments were returned. As regards 293.100 gms of primary...
Hargundas Dayaldas Chugh Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-20-1989
Reported in: 1989(25)LC51(Bombay)
Kurdukar, J.1. The Petitioner is the father of one Rojal Hargundas Chugh, the Detenu, who came to be detained under Section 3(I) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, Act, 1974, pursuant to the order dated October 14, 1988, issued by the Joint Secretary to the Government of India. The impugned order of detention is sought to be challenged mainly on the ground of delay in issuing the same.2. The incident, which led to the proceedings under the Customs Act, took place on April 5, 1988, and according to the grounds of detention the detenu has brought into India a substantial quantity of gold from Singapore, which is liable to confiscation under the Customs Act. The investigation was completed on April 6, 1988. Show Cause Notice under the Customs Act was issued on September 13, 1988. The impugned detention order came to be passed on October 14, 1988. Relying upon these few dates Mr. Barday, the learned Counsel for the petitioner, draw our attention...
Mahendra Chandrakant Kasat Vs. Union of India (Uoi) and Collector of C ...
Court: Mumbai
Decided on: Jul-20-1989
Reported in: 1990(28)LC31(Bombay)
Bharucha, J.1. The petitioners imported Polyvinyl Alcohol GR 17 from Japan. The goods arrived in Bombay on 22nd February 1983 and 4 bills of entry were filed for home consumption. This petition was filed and the goods were cleared on the basis of the interim order dated 25th February 1983.2. The contention that was originally taken in the petition was that customs duty could not be levied on the c.i.f. value of the goods while determining the assessable value for the purposes of countervailing duly. This contention can no longer be urged. It has been rejected by a Division Bench of this Court by the judgment in Ashok Traders v. Union of India 32 ELT 262 : 1988 (14) ECR 12.3. What is urged after an amendment of the petition is an ingenious argument based upon the construction of the applicable exemption notification dated 28th February, 1982.4. The goods are covered by Item No. 39.01/06 of the First Schedule to the Customs Tariff Act. They are liable under that item to customs duty at t...
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