Mumbai Court March 1991 Judgments
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Ashok Pandurang Bhatkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-22-1991
Reported in: 1991(2)BomCR562; 1991(1)MhLj1030
M.F. Saldanha, J.1. The appellant-original accused in this case stands convicted for an offence under section 417 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months. Originally, there was additional charge under section 376 of the Indian Penal Code, but the learned Sessions Judge, Ratnagiri, has acquitted the appellant of that offence.2. This is virtually a sad case of a young village boy and girl, both of whom were employed at the relevant time and who apparently came to know each other because they were distantly related. The admitted position is that the appellant and the complainant Savita were very much in love with each other. The incident in question had taken place at the beginning of the year 1983. It appears that in order to get over the parental resistance to a possible alliance that the two of them mutually agreed to a rather devious plan wh...
Subhash Narayan Ahirrao Vs. Dy. Engineer P.W.D., Sub Division and anr.
Court: Mumbai
Decided on: Mar-22-1991
Reported in: 1991(3)BomCR593
M.F. Saldanha, J.1. This is a petition filed under Article 226 of the Constitution of India and is directed against an order dated 8-3-1988 of the Industrial Court at Nasik. The petitioner was employed as Muster Assistant by the Deputy Engineer, P.W.D. Sub-Division, Dhule, who is the respondent No. 1 to this petition. It is the case of the petitioner that he was appointed on 4-8-1981 as a muster assistant and that he was doing the work of maintaining the muster roll of persons working under the Employment Guarantee Scheme. According to the petitioner, apart from entering the attendance of the workers, the muster assistant had to supervise the workers employed under the EGS, that he was also required to take measurements of the work done by the employees and to assist the Deputy Engineer in measuring the work done. It is his case, that he was continuously employed from 4-8-1981 until 30-6-1986 i.e., for a period of almost five years when his service came to be terminated. On 15-7-1986, ...
Ayesha Mohammad Khan and ors. Vs. Jyoti M. Asawa and anr.
Court: Mumbai
Decided on: Mar-22-1991
Reported in: I(1992)ACC468; 1991ACJ739
M.L. Pendse, J.1. The appellants are the original claimants in Motor Accident Claim Case No. 72 of 1984 filed before the Motor Accidents Claims Tribunal, Raigad, Alibag and the appeal is filed to challenge judgment dated August 17, 1985, whereby the Tribunal determined the total compensation payable to the claimants as Rs. 50,000/- inclusive of Rs. 15,000/- awarded under the 'no fault liability' by order dated March 25, 1985. The facts giving rise to passing of this award are as follows.2. Mohammad Alimuddin Khan, the husband of appellant No. 1 and father of appellant Nos. 2 and 3, was a young man of 29 years and was carrying on business in partnership with his real brother. The business was carried on in the name of M/s. Siglass & Co. The business premises were situated at Prabhadevi in Bombay city. On February 14, 1984, the deceased had gone to Talegaon in Pune District for purchasing glass materials for the factory and was returning on his scooter bearing registration No. MMM 4064. ...
Eimco Elegon (India) Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-21-1991
Reported in: (1994)(74)ELT918Tri(Mum.)bai
1. This is an appeal directed against the order of the Collector (Appeals), bearing No GSM-1823/89-Ahmedabad, dated 8-9-1989 rejecting the appellants' appeal.2. Facts of the case are that the appellants, who are the manufacturers of Dump loaders, also manufacture components such as air motors, wheel rim assembly, pistons. In some cases these components are also cleared as such outside the factory. Two such clearances have taken place under GP 1 No. 67, dated 7-6-1987 and GP 1 No. 45, dated 16-5-1987. However, due to labour trouble the consignment could not be received in the factory of the consignee and they have been received back on 4-1-1988.The appellants filed an intimation before the excise authorities indicating the aforesaid position of the return and also indicating that they are availing of Modvat credit in respect of duty paid on these components. Modvat credit of duty amounting to Rs. 9791.40 was however denied to them on the ground that these are duty paid goods, removed o...
Ahura Chemical Products Pvt. Ltd. Vs. Collr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-21-1991
Reported in: (1995)(80)ELT642Tri(Mum.)bai
1. This appeal is directed against the Order-in-Appeal No. SKM-1945/89 BI dated 20-9-1989 passed by the Collector of Central Excise (Appeals), Bombay, rejecting the appellants' appeal against the provisional assessment made by the Assistant Collector holding that since no final order is passed, no appeal is entertainable.2. The A.C. while approving the classification list thought it necessary to assess the same provisionally and passed the order accordingly and vide his letter dated 27-5-1988 intimated to the assessee that their assessment was being done provisionally. The appellants preferred the appeal against the same before the Collector (Appeals) which has come to be rejected.3. Shri H.S. Joshi, the Ld. Advocate for the appellants submitted that some directions have been issued by the Board for the procedure to be followed for the purpose of provisional assessment and that the Assistant Collector, while ordering the provisional assessment has not followed the said instructions. H...
Buckau Wolf India Ltd. Vs. Collector of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-21-1991
Reported in: (1991)LC117Tri(Mum.)bai
1. Both the appeals are directed against the Order-in-Appeal bearing No. M-385-356/AHD-129-130/86 dated 3-12-1986 passed by the Collector of Customs (Appeals) confirming the Order-in-Original No. 1/1983 [F. No.V-68 (18-16) 82/Rebate dated 15-4-1983] and 68/2/83 [File No. V-68 (18-32) 81/Rebate/2531 dated 15-4-1983] passed by the Assistant Collector of Central Excise, Divn. IV, Ahmedabad rejecting the appellants' claims for refund on the ground that original AR 4 No. 5 dated 27-7-1981 and AR 4 No. 23 dated 24-2-1981 were not received by them and the appellants had failed to produce the same.2. The appellants herein have exported the excisable goods to Bangladesh and have claimed refund of duty admissible to them under the cover of AR 4 No. 5 dated 27-7-1981 and AR 4 No. 23 dated 24-2-1981.The goods were actually manufactured by M/s. S.L. Maneklal Industries Ltd., who had given no objection certificate to the present appellants for claiming the rebate of duty. When the claims were enter...
Madhukar Vishnu SaThe and others Vs. Vithoba Ramji Thorat, (since dece ...
Court: Mumbai
Decided on: Mar-21-1991
Reported in: AIR1992Bom272; 1991(4)BomCR482
ORDER1. In this petition by the plaintiffs-landlords in their suit for eviction against the original tenant Vithoba Thorat on several grounds, submissions as regards the only ground of eviction, being one under Section 13(1)(1) of the Bombay Rents Act, have been made before me by learned Counsel appearing for them. On this position, dehors the other grounds of eviction, I will only consider the said ground of eviction on the basis of the tenant acquiring suitable accommodation with reference to the findings recorded by the fact finding Courts below.2. The suit premises is one room tenanted to Vithoba Thorat, the predecessor-in-title of the present respondents, admeasuring 10 ft. x 12 ft. with monthly rent of Rs. 10/- exclusive of permitted, increases and other cess and taxes, situate on the northern side of a building, being House No. 92/2 on City Survey No. 47, Shukrawar Peth. Pune.3. It is the case of the plaintiffs-landlords that after the suit premises were taken on rent, two prope...
P.S. Offshore Inter Land Services Pvt. Ltd and Another Vs. Bombay Offs ...
Court: Mumbai
Decided on: Mar-21-1991
Reported in: [1992]75CompCas583(Bom)
D.R. Dhanuka, J.1. This is a judge's summons taken out by the petitioners for an interim injunction to restrain the respondents 'from, in any manner, acting in furtherance of the agreements dated 21st May, 1990, and 26th January, 1991, and acting in furtherance of the purported resolution of the board of directors of the 1st respondent company dated 5th February, 1991'. By this judge's summons, the petitioners are also seeking an interim injunction restraining the respondents from selling, dealing with, disposing of, encumbering or alienating the vessel 'Boss Vishwa'. 2. This summons involves a question of interpretation of section 293(1)(a) of the Companies Act, 1956 (1 of 1956), and the word 'under-taking' used therein. Under the aforesaid section, the board of directors of a public company or a private company which is a subsidiary of a public company is prohibited from selling, leasing or otherwise disposing of the whole of the undertaking or substantially the whole of the undertak...
Commissioner of Income-tax Vs. Shobhana Silk Mills
Court: Mumbai
Decided on: Mar-21-1991
Reported in: [1992]196ITR775(Bom)
T.D. Sugla J.1. In this departmental reference relating to the assessee's assessment for the assessment years 1965-66, 1966-67 and 1968-69, the Tribunal has referred to this court the following questions of law under section 256(2) of the Income-tax Act, 1961 : '1. Whether, on the facts and the circumstances of the case, the Tribunal was justified in coming to the conclusion that the division of the development rebate reserve amongst the partners on the dissolution of the firm did not amount to the utilisation thereof for a purpose which was not the purpose of the business of the undertaking within the meaning of section 155(5)(ii)(c) of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal ought to have deemed the development rebate allowed as wrongly allowed and direct the computation of the total income of the assessee for the relevant previous year with the necessary amendment as contemplated under section 155(5) of the Income-tax Ac...
C.J. Shah and Others Vs. Brij Mohan Wadhwa and Another
Court: Mumbai
Decided on: Mar-20-1991
Reported in: 1992(1)BomCR322; 1991CriLJ1906
ORDER1. This is an application under section 482 of the Cr.P.C. in which the petitioners No. 1 to 7 pray for the quashing of the order of issue of process against them under section 204 of the Cr.P.C. for committing the offence of criminal breach of trust under section 406 of the I.P.C. The order impugned reads as under : 'Issue process against accused No. 1 only u/S 406 of I.P.C. Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay. This process came to be issued upon a complaint, the gist of which may be stated as follows : The petitioners No. 1, 2, 3 and 4 are the partners of the firm petitioners No. 5, 6 and 7, all of which have their office at 64, Sahar Road, Andheri (East), Bombay. The petitioners, it was alleged, approached the complainant one Brij Mohan Wadhwa, some time in July 1987 and represented to him that these three firms petitioners No. 5, 6 and 7 had been carrying on business as Builders and Contractors, that the partners of the firms were persons experienced ...
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