Mumbai Court October 1990 Judgments
Mansinh L. Bhakta Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-26-1990
Reported in: 1991(2)BomCR1; [1991(63)FLR740]; (1995)IIILLJ867Bom
M.L. Dudhat, J.1. The petitioners in Writ Petition Nos. 19 of 1985, 20 of 1985, 21 of 1985,22 of 1985 and 228 of 1985 have filed these writ petitions against the impugned notices dated 28th November, 1984 issued by respondent nos. 1 to 3 on the instructions of and at the behest of respondent no. 4. In the said notices, the petitioners were called upon to pay an aggregate sum of Rs. 9,48,805.50 ps. as a due payable by a Company 'The Elphinstone Spinning and Weaving Mills Co. Limited' as employer's contribution to the Employees State Insurance Fund, being the Directors of the said Company at the relevant time. By the said notices, the petitioners were also threatened that failure on the part of the petitioners to pay the aforesaid amount mentioned in the said notices, the said amount shall be recovered from the petitioners' personal assets as arrears of land revenue. Since all these demands are common demands and made against the present petitioners being the Directors of the Company, al...
Tag this Judgment!Ravindra Janardhan Nair Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-25-1990
Reported in: 1991(52)ELT524(Bom)
1. The Petitioner herein, Ravindra Janardhan Nair, has filed this Criminal Revision Application impugning the Judgment and Order dated 31-8-1988 passed by the learned Additional Sessions Judge, Greater Bombay, in Criminal Appeal No. 209 of 1988, whereunder the learned Additional Sessions Judge set aside the conviction of the Petitioner under Section 135(1)(b) of the Customs Act, 1962 as also the sentence passed thereunder. The learned Additional Sessions Judge, however, confirmed the conviction and sentence passed against the Petitioner under Section 135(1)(a) of the Customs Act as also the conviction and sentence under Section 5 of the Imports and Exports (Control) Act, 1947. The learned Additional Sessions Judge, however, was pleased to reduce the sentence passed under Section 5 of the Imports and Exports (Control) Act to a period of one month's rigorous imprisonment from a sentence of six months' rigorous imprisonment imposed by the learned Additional Chief Metropolitan Magistrate, ...
Tag this Judgment!P.M.D. Thackersey Vs. Assistant Collector of C. Ex.
Court: Mumbai
Decided on: Oct-25-1990
Reported in: 1991(52)ELT497(Bom)
1. By this petition the original accused No. 5 Shri P. M. D. Thakersey challenges the issue of process dated 11th March, 1986 on a complaint filed before the Chief Metropolitan Magistrate, Bombay on 28th February, 1986 by the Assistant Collector, Central Excise, Division G.I., Bombay-1. The learned Magistrate, called upon the present petitioner who was one of the 11 accused persons named in that complaint, to appear in person or by a pleader as the case may be before him to answer the change under Central Excise Act. The complainant had requested the learned Magistrate to deal with the petitioner and others under Sections 9(1)(b), 9(1)(bb), 9(1)(bbb), 9(1)(c), 9(1)(d) read with Section 9(1)(i) of the Central Excises and Salt Act, 1944, hereinafter called the said Act, which are made punishable under Section 9(1)(i) of the said Act.2. The facts of the case briefly narrated would be that on 21st April, 1979 a hand cart belonging to the Company of accused No. 1 and carrying some yarn was ...
Tag this Judgment!Chintaman S/o Raoji Meshram Vs. District Deputy Registrar' Co-operativ ...
Court: Mumbai
Decided on: Oct-25-1990
Reported in: 1991(1)BomCR465
V.A. Mohta, J.1. Against the following factual backdrop, the point is whether respondent No. 3 is qualified to contest the election of Chairman of the Agricultural Committee (APMC), Tumsar District Bhandara under section 19 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (the Act).2. Respondent No. 3 is an 'agriculturist' as defined under the Act. He is a Chairman of one of the Co-operative Societies doing business of processing/marketing of agricultural produce in the market area of the APMC. Since there are more than one such Societies in the market area, election for the membership of the APMC took place under the proviso to section 13(1) and he was duly elected.3. Section 19 qualifies only 'elected Agriculturist members' for the posts of Chairman and Vice-Chairman of the APMC. The Act defines the words 'agriculturist' and 'member' separately but not the term 'agriculturist member'. The word 'elected' is also not defined.4. Section 13 deals with the constitu...
Tag this Judgment!Anusayabai Vasudev Adkar Vs. Vasudev Sambhu Adkar and anr.
Court: Mumbai
Decided on: Oct-25-1990
Reported in: 1991(2)BomCR92; 1991(1)MhLj458
M.F. Saldanha, J.1. This petition is preferred by the petitioner wife against the respondent-husband. The petitioner had originally filed Criminal Miscellaneous Application No. 117 of 1985 in the Court of the Judicial Magistrate, First Class, Madha under section 125 of the Code of Criminal Procedure praying for maintenance to be awarded to her @ Rs. 400/- per month. The respondent-husband contested the application on merits, his basic contention being that the petitioner was not his wife in so far as he had not gone through any ceremony of marriage with her. The respondent had disputed the status of the applicant and had also contended that under these circumstances, she was wholly disentitled to prefer an application under section 125 of the Code of Criminal Procedure. The learned Magistrate, after recording evidence of the parties accepted the applicant's contention that she was the wife of the respondent and having regard to the facts and circumstances of the case, passed an order d...
Tag this Judgment!Gunda Tuka Shinde Since Deceased by His Heir Vs. Pandharinath Ramrao S ...
Court: Mumbai
Decided on: Oct-25-1990
Reported in: 1991(2)BomCR650; (1991)93BOMLR832; 1991(1)MhLj669
Sujata Manohar, J.1. This petition relates to lands at village Ambheri, Taluka Khatav, District Satara bearing original Survey No. 112/1 to 7 and Survey No. 121/40 to 46 & 51 to 56 as also original Survey No 117/5. The petitioner, respondent No. 1 and one Nana Shinde and his brother (as one group) had each 1/3rd share in these joint family properties which were in their separate possession and vahiwat. In the year 1976 under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 a Consolidation Scheme was made applicable to this village. A draft consolidation scheme was finalised by the Consolidation Officer after calling for objections from the holders of lands. As far as the petitioners the 1st respondent and Nana Shinde and others were concerned, they agreed to the formation of blocks in respect of their lands by mutual consent. They have filed a writing before the Consolidation Officer dated 7th August, 1976, which is signed by all the conc...
Tag this Judgment!Joao Cabral Vs. Smt. Mira Namdev Naik and Others
Court: Mumbai
Decided on: Oct-24-1990
Reported in: [1991]70CompCas471(Bom)
H. Suresh, J. 1. The appellant was riding his motor cycle No. GDD 4073 on July 13, 1989, at about 9 p.m. near the bus stand of Vasco-da-Gama. While he was so riding, he knocked down the deceased, Namdev Naik, the husband of respondent No. 1 and father of the other respondents. The said deceased, Namdev, died in consequence of the injuries sustained by him in the accident. The respondents preferred their claims before the Motor Accidents Claims Tribunal, South Goa, Margao. In fact, they made two applications, one under section 166 of the Motor Vehicles Act and the other under section 140 of the Act for compensation of Rs. 25,000 on no fault claim basis. 2. The petitioner contended that his motor cycle had not at all touched the deceased. According to him, he was driving the motor cycle in the semi-circle at the traffic junction in front of the court building of Vasco-da-Gama. He met some of his friends, he spoke to them for a while and, thereafter, went, towards the east. He saw the dec...
Tag this Judgment!Dinesh T. Shah Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-23-1990
Reported in: (1991)(55)ELT547Tri(Mum.)bai
1. The present appeal is directed against the Order-in-Appeal No. 7/90 BP issued on 6-2-1990 by the Collector of Customs (Appeals) Bombay, confirming the Order-in-Original No. DRI/BZU/122/13/88 / S/14-4-228/88 dated 19-4-1989 by the Deputy Collector of Customs (P), Bombay, ordering absolute confiscation of Mercedes Benz Motor car bearing registration number MAR 5565, recovered from the Appellant, vide Section lll(d) of the Customs Act.2. Pursuant to the information that the subject car imported into India under Carnet facility in the year 1982-83, was not duly re-exported, and was in possession and use of the appellant, the. same was ordered detention on 27-3-1989. The said car at that time stood registered in the name of the appellant with the Regional Transport Authorities at Bombay. The investigations however revealed that originally, the said car was shown as registered with RTO Hyderabad in the name of one Hanif Kaifiji Sheikh of Hyderabad, under Registration No. ABR 5371. Howeve...
Tag this Judgment!Ralli Machines Ltd. Vs. Collector
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-23-1990
Reported in: (1991)LC57Tri(Mum.)bai
1. This is an appeal directed against the Order-in-Original No.10/MP/85 dated 26-4-1985 demanding duty to the extent of Rs. 93,42,696.86 in respect of wrongly availed of the proforma credit on Stators and Rotors manufactured in the appellants factory and used by them as component parts in the manufacture of "Electric Fans". The Collector has also imposed a penalty of Rs. 5.00 laps under Rule 173Q(1) of the Central Excise Rules on the appellant. He has also imposed another penalty of Rs. 2000/- under Rule 9(2) and Rs.1000/- under Rule 210 of the said Rules.3. The appellants are the manufacturers of Electric Fans. They applied for Proforma Credit vide an application dated 4-8-1979 for bringing duty paid stampings and laminations for the manufacture of Stators and Rotors which in turn were fitted to the electric fans. The appellants were paying duty on stators and rotors, though at the intermediate stage. The Assistant Collector, under his letter dated 8-11-1980 granted permission in res...
Tag this Judgment!Ulhas Ramchandra Kulkarni and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-23-1990
Reported in: 1991(1)BomCR557; (1991)93BOMLR542; 1991CriLJ763; 1991(1)MhLj176
ORDER1. These three petitions arise out of orders passed in two criminal cases bearing Nos. 1823 and 1824 of 1984 on the file of the Chief Judicial Magistrate, Nasik. By these orders he directed framing of charges against accused Nos. 1 and 4 u/S. 246 of the Code of Criminal Procedure as he was of the view that prima facie case was made out against them. He discharged accused Nos. 2 and 3. It is these orders of directing framing of charge that are impugned in these applications u/S. 482 of the Code of Criminal Procedure.2. The facts of the case, briefly stated, would be as follows :-3. On 13th January 1982 Mr. Acharya, Food Inspector went to the factory manufacturing biscuits at Nasik and Shri Acharya took 7 samples. Sample Nos. 1, 5, 6 and 7 are samples of biscuits while sample Nos. 2, 3 and 4 are samples of material that went into the production of biscuits. Sample No. 2 being maida, sample No. 3 being sugar and sample No. 4 being bakery shortening. The Food Inspector followed the re...
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