Mumbai Court April 1990 Judgments
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Mrs. Sejal Rikeen Dalal and Others Vs. the Stock Exchange, Bombay and ...
Court: Mumbai
Decided on: Apr-12-1990
Reported in: AIR1991Bom30; 1990(2)BomCR557
1. Pradip Harkisondas Dalai was a member of the Stock Exchange, Bombay. He died in an Air crash at Ahmedabad on 19th October 1988. The 1st petitioner Sejal Dalai is the daughter-in-law of Pradip. The 3rd petitioner is the widow of Pradip. Petitioner No. 2 is the son of Pradip and petitioner No. 4 is the daughter of Pradip, 1st petitioner Sejal is the wife of the 2nd petitioner. On 6th December 1988 petitioners Nos. 2 to 4 as the heirs and close relatives of Pradip nominated the 1st petitioner Sejal for being made a member of the Stock Exchange, Bombay. Accordingly on 15th December 1988 the 1st petitioner applied for membership of the Stock Exchange, Bombay supported by this nomination. Her application was seconded by two members of the Stock Exchange as per requisite rules. On 2nd March 1989 the Stock Exchange addressed a letter to petitioner No. 1 enquiring whether late Pradeep Harkisondas Dalai had made any payment in respect of the outstanding liabilities of M/s Harkisondas Laxmidas...
M/S. National Chemicals and Colour Co. and Others Vs. Reckitt and Colm ...
Court: Mumbai
Decided on: Apr-12-1990
Reported in: AIR1991Bom76; 1990(3)BomCR379
1. Messrs National Chemicals and Colour Company and its two partners are the appellants in this appeal. Messrs Reckitt and Colman of India Limited are the first respondents. Messrs National Chemicals and Colour Company carry on the business, inter alia, of manufacturing and selling colouring material and colours. Reckitt and Colman of India are manufacturers and dealers in Ultra Marine Blue, Colours, etc.2. Reckitt and Colman are proprietors of registered trade marks in respect of goods falling in Cls. (1), (2) and 3 of Schedule IV of the Trade and Merchandise Marks Rules, 1959. One of their registered trade marks consists of a picture of a bird sitting on a twig surrounded by a circle with lines in the background, somewhat like the rays of thesun. The trade mark has the words 'Robin Ultra Marine Blue' on it. Another registered trade mark of Reckitt and Colman consists of a bird sitting on a twig. MARK These trade marks have been registered as far back as 1940 and 1946. These trade mar...
Mrs. Sejal Rikeeh Dalal and Others Vs. Stock Exchange, Bombay, and Ano ...
Court: Mumbai
Decided on: Apr-12-1990
Reported in: [1990]69CompCas709(Bom)
Mrs. Sujata Manohar, J.1. Pradip Harkishondas Dalal was a member of the Stock exchange, Bombay. He died in an air crash at Ahmedabad on October 19, 1988. The first petitioner, Sejal Dalal, is the daughter-in-law of Pradip. The third petitioner is the widow of Pradip. Petitioner No. 2 is son of Pradip and petitioner No. 4 is daughter of Pradip. The first petitioner, Sejal is the wife of second petitioner. On December 6, 1988, petitioners Nos. 2 to 4 as the heirs and close relatives of Pradip nominated the first petitioner, Sejal, for being made a member of stock exchange, Bombay. Accordingly, on December 15, 1988, the first petitioner applied for membership of the stock exchange, Bombay, supported by this nomination. Her application was seconded by two members of the stock exchange as per requisite rules. On march 2, 1989, the stock exchange addressed a letter to petitioner No. 1 enquiring whether late Pradip Harkisondas Dalal had made any payment in respect of the outstanding liabiliti...
Smt. Madhuri Mukund Chitnis Vs. Mukund Martand Chitnis and Another
Court: Mumbai
Decided on: Apr-12-1990
Reported in: 1990CriLJ2084; 1989MhLJ58
1. The original complainant in Criminal Cases Nos. 1031/86 and 695/85 on the file of the J.M.F.C. Court No. 4, Pune, has preferred these two appeals to challenge the order of acquittal passed in favour of respondent No. 1.2. Briefly stated that the facts giving rise to these two appeals are as under :-The complainant is the divorced wife of the respondent No. 1 - the original accused. Their marriage took place on 15-7-1983. But the marriage somehow was not successful and the complainant-wife, it appears, was thrown out of the house by the husband on 6-10-1983. Several civil as well as criminal cases were lodged against each other. The present respondent No. 1 also filed Criminal Case No. 494/83 against the present appellant and her maternal uncle and brother alleging that they had committed the offences of cheating and theft. In the complaint filed by the present respondent No. 1, it was alleged in para 4 of the complaint as under :- 'The complainant (Mr. Mukund Chitnis) experienced on...
United India Insurance Co. Ltd. Vs. Smt Gangu Potu Naik and Others
Court: Mumbai
Decided on: Apr-11-1990
Reported in: [1991]70CompCas410(Bom)
Kamat J.1. This appeal challenges the award dated June 30, 1986, made in favour of the original claimant, Smt. Gangu Putu Naik, in Claim Petition No.30 of 1981 by the Motor accidents Claims Tribunal at Panaji. Regard being had to the short controversy involved in this appeal, a brief reference to the facts may be useful. 2. Respondent No.1, Smt. Gangu (original claimant), instituted a claim petition on the averment that her son. Yoganand, aged about 28 years, died in an accident on the night of March 25, 1981. It is her case that the truck bearing registration number plate GDS 4020 was taken to Bombay a few days earlier for transportation of goods and the accident occurred on its return trip to Goa at a place called Ladfam, a village between Bicholim and Dodomarg. On a culvert, the truck dashed against the railings and then turned on its side with the result that the deceased, Yoganand, who was in the suffered injuries as a result of which he died instantaneously in the cabin itself. T...
Deva Alias Devraj S/O. Sherbahadur Sharma Vs. State of Maharashtra and ...
Court: Mumbai
Decided on: Apr-11-1990
Reported in: 1990(3)BomCR267
V.A. Mohta, J.1. Dewa Sharma, a detenu has, by this habeas corpus petition, assailed the order of his detention under section 3(2) of the National Security Act (the N.S. Act) and his continued detention.2. The detention order was passed on 24-10-1989 by the Commissioner of police, Nagpur and grounds of detention also served on the same day. It was approved by the State Government on 1-11-1989, after which reference was made to the Advisory Board on 4-11-1989. Report of the Advisory Board was received on 5-12-1989 and the detention order was confirmed on 7-12-1989. The detenu had sent a representation against his detention, on 6-11-1989 to the Advisory Board. The copies of the representation were sent to the State Government through the Jailor. The said representation was not separately considered as, according to the State Government, it was not addressed to it. However, it was taken into consideration while confirming the order of detention alongwith the report of the Advisory Board; ...
Hematic Motors Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-10-1990
Reported in: (1991)LC263Tri(Mum.)bai
1. This is an appeal directed against the order of the Collector of Cen. Ex. (Appeals) bearing No. V-2(85)106/R/88 R. 496/PN/89 dated 11-9-1989.2. The brief facts for the purpose of disposal of the appeal can be stated as below: The appellants are the manufacturers of stators and rotors. They are importing CRNGO sheets. Part of this sheets were supplied to M/s. Kelvinator of India Limited. M/s. Kelvinator of India availing of proforma credit in respect of the duty paid on the sheets and utilising the said sheets in the manufacture of laminations. Even the laminations were cleared on payment of duty on the basis of the value worked out on costing inclusive of raw materials and labour charges. The duty paid sheets and laminations received by the appellants for use in the manufacture of stators and rotors was under Rule 56A of the Central Excise Rules and credit of the duty on sheets and laminations was taken in the proforma account. This was the position upto 1-3-1986 when in the 1986 B...
Arvind S. Bobde Vs. Santramdas Lilaram Bhojwani and Others
Court: Mumbai
Decided on: Apr-10-1990
Reported in: AIR1991Bom83; 1991(2)BomCR422
ORDERPendse, J.1. These proceedings are commenced by the Advocate-General under Section 2(1) of the Maharashtra Vexatious Litigation (Prevention) Act, 1971. The relief claimed is that the proceedings instituted by respondents 1 and 2 in Civil, Criminal and Co-operative Courts should be stayed and the respondents should be prevented from instituting any further proceedings. The facts set out in the application for seeking the relief are as follows:2. The Advocate-General claims that one Smt. Madhubala Sharma, Advocate, instructed the Advocate-General that the respondents are habitually and without any reasonable ground instituting vexatious proceedings in diverse courts against Haresh, who is elder son of respondents 1 and 2. Respondent No. 3 is a younger brother of Haresh. The Advocate-General claims that respondent No. 1 and Haresh are partners in firm, Messrs Lilaram Shewaram and the firm is carrying on business in money-lending. Haresh and respondent No. 1 are also carrying on busin...
Mateus Silveira Vs. Sub-division Magistrate and anr.
Court: Mumbai
Decided on: Apr-10-1990
Reported in: 1991(1)BomCR526
Sharad Manohar, J.1. Introductory : The petition ostensibly arises out of the purported action under section 18 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereafter 'the Act'), but the petitioner's allegation is that it is the result of the success of the present respondent No. 3, the newly added respondent in noseleading the first respondent, Sub-Divisional Magistrate, South Goa, to pursue with the Show Cause Notice under the Act which Show Cause Notice has no legal, existence.As will be presently pointed out, in our view, the show cause in question which is sought to be perused probably does not have any subsisting legal existence but, in the alternative, even assuming that technically speaking it has got some existence in law, the impugned proceedings purporting to have been taken pursuant to the Show Cause Notice have no legal justification.2. The relevant facts, some admitted, some asserted : The relevant facts, some admitted, some asserted, may be briefly...
Geeta Bhaskar Pendse (Mrs.) Vs. Principal, Ayurved College Sion and or ...
Court: Mumbai
Decided on: Apr-10-1990
Reported in: 1990(2)BomCR586
G.H. Guttal, J.1. The petitioner who was a lecturer in Sanskrit in Ayurved College, Sion, Bombay, impugns the legality of the Order dated 9th December, 1986, made by the College Tribunal, Bombay, in Appeal No. 28 of 1986, confirming the termination of her services by the respondents Nos. 1 & 2 who are, respectively, the Principal and the Management of the College. The respondents Nos. 3, 4 & 5 are respectively the University of Bombay, the Director of Ayurved, Maharashtra State, and the State of Maharashtra. The respondent No. 6 is a lecturer in Sanskrit appointed in the place of the petitioner.2. The admitted facts may be, briefly, set out :Pursuant to the advertisement dated 13th October, 1983, and after interviewing the petitioner, the respondents Nos. 1 & 2 appointed her as lecturer in Sanskrit. She worked from 19-3-1984 to 30-4-1984, as her appointment was specifically for this duration. A second advertisement was published on 12-11-1983 for the year 1984-85 inviting applications ...
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