Mumbai Court January 1990 Judgments
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Malik Traders Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-19-1990
Reported in: [1990]77STC411(Bom)
T.D. Sugla, J.1. The Sales Tax Tribunal has referred to this Court the following two questions of law for opinion. The questions read thus : '1. Whether, in the facts and circumstances of the case, the Tribunal was correct in law in holding that there was no implied sale of the packing materials purchased on declaration in form 14, to the foreign buyer 2. If the answer to the above question is in the negative, whether in the facts and circumstances of the case, the Tribunal was right in confirming the levy of purchase tax under section 14 of the Act ?' 2. It is evident that the real question of law to be answered is the first question, the second question being consequential. The assessee is an exporter of footwear. Its purchases are from registered dealers to whom it furnishes undertaking in form 14. The certificate in form 14 is also given when the assessee purchases packing material which is used for packing the footwear for export. The departmental authorities took the view that t...
Rasheed A. Maskati and Others Vs. M. Abbas Ali Hussaini and Another
Court: Mumbai
Decided on: Jan-18-1990
Reported in: [1990(60)FLR776]; (1991)ILLJ78Bom
1. The petitioners, who are the trustees of 'Maskati Charitable Property Trust', have filed this writ petition praying for the issue of a writ of certiorari quashing the Judgment and Order dated 29th October 1986 passed by the Authority under the Minimum Wages Act, Bombay.2. The petitioners herein are the trustees of Maskati Charitable Property Trust' (hereinafter referred to as 'the said Trust'), which owns a building known as 'Maskati Court', situated at Maharshi Karve Road, Churchgate, Bombay. Apart from the Maskati Court Building, the petitioners are also the owners of a few other properties with tenanted flats. Respondents No. 1, M. Abbas Ali Hussaini was employed by the said Trust as a Liftman-cum-water pump operator.Respondent No. 1 contended that the said Trust was a 'commercial establishment' within the meaning of the Minimum Wages Act, 1948 and hence he was entitled to the minimum wages permissible under the said Act.3. Respondent No. 1 filed an application in the Court of th...
Shon Ceramics Private Ltd. Vs. Assistant Collector Central
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-17-1990
Reported in: (1990)(29)LC487Tri(Mum.)bai
1. This is an appeal against Order-in-Original No. ADJ/CL/1989 (F. No v (CL) (3) 511/86/4362) dated 7.7.1989 passed by the Assistant Collector of Central Excise and Customs, Division II, Vadodara. The question involved in this appeal is whether "Glazed Mosaic Tiles" manufactured by the appellants M/s. Shah Ceramics Private Limited are classifiable under sub-heading No. 6807.00 as Mosaic Tiles or these should be classified under sub-heading No. 6906.10 i.e. as glazed tiles.2. The Assistant Collector by the impugned order challenged in this appeal held that the "Glazed Mosaic Tile" is classifiable under sub-heading No. 6906.10 of the Schedule to the Central Excise Tariff Act, 1985 attracting duty at the rate of 50% ad valorem. The Assistant Collector in holding observed that Glazed Tile finds specific entry at Heading No. 6906.10 and as per Note 2 to Chapter 69 it applies only to ceramic products which have been fired after shaping, Glazed Mosaic Tiles are fired after shaping and the Or...
Smt. Alka Bhaskar Bakre Vs. Bhaskar Satchidanand Bakre
Court: Mumbai
Decided on: Jan-17-1990
Reported in: AIR1991Bom164; 1990(2)BomCR388; (1990)92BOMLR255; II(1990)DMC606
1. Being aggrieved by the judgment and decree dated 27th August, 1966, by his Honour Judge S.F. Rego, of the city Civil Court, Bombay decreeing the petitioner-husband's petition for divorce under S. 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, for divorce on the groundof cruelty and desertion, the original respondent-wife has preferred the present appeal. 2. The parties to the marriage hail from a middle class educated family. The father of the wife was the head of the department of Sanskrit in Ruia College, Bombay, whereas the father of the husband was a retired school teacher at Wardha. The wife having passed her M.A. in Sanskrit was employed as a Lecturer in Ruia college. The husband had passed his B.E. (Civil) and was an Assistant Lecturer in the Government Polytechnic at Amravati. The marriage between the parties was solemnised in Bombay on the 18th of March 1967. Soon after the marriage the wife tendered her resignation and accompanied the husband to Wardha where her ...
Ramesh Laxman Shendre Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-17-1990
Reported in: 1991CriLJ1636
B.U. Wahane, J.1. This is a sad tale of an unfortunate young village woman Panchfula - a mother of two children who was subjected to ill-treatment by her husband, the appellant accused, which ultimately culminated into the tragic death in her own house and that too at the hands of her own husband, the appellant accused.2. The appellant accused Ramesh Laxman Shendre was put on trial to face the charge of offence punishable under S. 302 of Penal Code for committing the murder of his wife Panchfula on 8th July 1985 in the evening hours at about 8.30 p.m., in village Ramapur.3. Briefly stated the case set up by the prosecution is that the accused was resident of village Ramapur. He was married with deceased Panchfula. The parents of Panchfula belong to village Ramapur within the jurisdiction of police station, Akot district Akola. Out of the wedlock of the appellant and deceased Panchfula, they had two issues. The eldest son is by name Nandkishore who is the eye-witness of the alleged inci...
State of Maharashtra Vs. M/S. thermo Plastic Industries and Others
Court: Mumbai
Decided on: Jan-17-1990
Reported in: 1990(2)BomCR282; 1990CriLJ2146; 1990(1)MhLj530
1. This appeal raises an interesting question as to the meaning of the phrase 'use in transaction for trade or commerce' occurring in Section 2(ii) of the Bombay Weights and Measures (Enforcement) Act, 1958 hereinafter referred to as the 'Act'.2. Respondents 2 and 3 are the owners of a concern doing business in the name of M/s. Thermo Plastic Industries, arraigned to this appeal as respondent No. 1. Complainant G. B. Pawar was working as an Inspector having been appointed as such under Section 15 of the Act. The premises in which respondent No. 1 is located is at 78, Kalachowki Road, Lalbaug, Bombay 400033. Pawar visited the said premises on 26-6-1981 at about 2.00 p.m. P.W. G. S. Tambe was with him and the two of them had come in a taxi hired from P.W. Mohd. Dawood. When Pawar and Tambe first stepped in the only person present was respondent No. 2. Pawar flourished his identity card and called upon respondent No. 2 to allow him access to the factory. Going inside Pawar found a counter...
Utam Alias Bhadrya and Another Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-16-1990
Reported in: 1991CriLJ1644
M.M. Qazi, J.1. The appellants, in this appeal, have been convicted for the offence punishable under section 376(2)(g) of the IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- each, in default whereof each appellant-accused shall undergo rigorous imprisonment for three months, by the Additional Sessions Judge, Gondia, by his judgment and order dated 4-12-1986.2. The prosecution case, in brief, is that the prosecutrix Puranbai, who was below the age of 16 years at the relevant time, had gone to graze cattle near the lake as usual at about 10 a.m. on 5-11-1984. The appellants seeing the prosecutrix alone came near her. The appellant No. 1 Uttam alias Bhadrya asked Puranbai to let him commit sexual intercourse with her. On her refusal, the appellant No. 1 Bhadrya caught hold of the prosecutrix ' Puranbai and felled her down on the ground, whereas the appellant No. 2 Sanjay untied her underwear and committed rape on her. : Thereafter, the a...
State of Maharashtra Vs. Anand Chintaman Dighe
Court: Mumbai
Decided on: Jan-16-1990
Reported in: 1990(2)BomCR295; (1990)92BOMLR191
M. Fathima Beevi, J.1. By the impugned order dated May 18, 1989 the Designated Court, Pune, directed the respondent to be released on bail. The respondent was accused of having committed offence under Section 3(1) of the Territorist and Disruptive Activities (Prevention) Act, 1987, hereinafter referred to as 'the Act', besides the offences punishable under Sections 148, 149, 120-B and 302 of the Indian Penal Code.2. The respondent was the member of the Shiv Sena Party and the Chief of the Thane District Unit. In consequence of the defeat of the party in Mayoral election held on March 20, 1989 the party felt that there was cross-voting and there were traitors among them. There had been a declaration by the respondent that such traitors would not be spared. The respondent was arrested in connection with the murder of one of the Corporators Shridhar Khopkar on April 21, 1989 on registering Crime No. 1348/89.3. In releasing the respondent on bail while investigation was pending, the Design...
Protos Engineering Co. Pvt. Ltd. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-15-1990
Reported in: [1990]77STC165(Bom)
T.D. Sugla, J.1. The Sales Tax Tribunal has referred a common question of law to this Court opinion in these two references. The question reads thus :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the transactions were sales and not transactions in the course of agency ?'2. The assessee-company is a dealer in electrical motors, pumps, diesel engines, heavy machine parts, etc., holding R.C. No. NIA 1385. The assessments involved are sales tax assessments both under the Bombay Sales Tax Act and the Central Sales Tax Act covering the period from 1st January, 1974 to 30th June, 1975. Exemption from payment of tax was claimed and allowed in respect of transactions amounting to Rs. 15,15,874 as sales in the course of import by the Sales Tax Officer.Subsequently, the Deputy Commissioner of Sales Tax Administration, Bombay, issued a notice in form No. 40 seeking to revise the order of the Sales Tax Officer so as to treat the aforesaid transa...
Bhagwant Vishnu Purandare Since Decd. by His Heirs Vs. Baldevdas Chhag ...
Court: Mumbai
Decided on: Jan-15-1990
Reported in: 1990(1)BomCR479; (1990)92BOMLR133
H.H. Kantharia, J.1. The suit premises in this case described as an open space admeasuring 57 x 33 ' situate at C.T.S. No. 688/89 in Raviwar Peth, Pune City, were owned by one Bhagwant Vishnu Purandare, now represented by his legal heirs and representatives, out of whom his son Govind Bhagwant Purandare also died and, therefore, represented in turn by his legal heirs and representatives (hereinafter referred to has 'the plaintiffs'). The premises were let out originally by Bhagwant to the respondents, respondent No. 1 being a partnership firm and respondent Nos. 2 to 4 being the partners, (hereinafter referred to as 'the defendants') under a registered rent note dated October 19, 1931 at yearly rent of Rs. 451/- initially for a period of five years. According to the plaintiffs, the suit premises were open land on which the defendants constructed a temporary shed for a godown and a stable and used the same yearly for the purpose of their business. They also contended that the yearly ren...
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