Mumbai Court September 1991 Judgments
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Ramchandra Zinguji Gadekar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-10-1991
Reported in: 1993(3)BomCR620
B.U. Wahane, J.1. This is an application by the protector of law - a Police Head Constable, seeking anticipatory bail, as he has been charged for the offence of rape and that too on a Adiwasi Korku Woman.2. Admittedly, the applicant, the Police Head Constable, was attached to the Police Station, Chikhaldara.3. Police Outpost, Katkumbh is within the jurisdiction of Police Station, Chikhaldara. At the relevant time, Constable Thakur was posted at the Police Outpost, Katkumbh. On or about 16th August, 1991, Shalikram, the nephew of Tanu Darshimbe, reported the matter to the Police Outpost, Katkumbh that his uncle Tanu extended threats to him and, therefore, P.C. Thakur along with reporter Shalikram, went to the village Turanwadi which is hardly 3 kms. P.C. Thakur was highly intoxicated. He enquired about Tanu. Only inmates then present in the house was Smt. Munnibai, the wife of Sukhdeo, i.e. the daughter-in-law of Tanu Darshimbe. Instead of this, P.C. Thakur entered in the house of Smt. ...
Union of India (Uoi) and ors. Vs. Suresh Trading Company
Court: Mumbai
Decided on: Sep-10-1991
Reported in: 1992(42)LC722(Bombay)
S.P. Bharucha, J.1. This is an appeal filed by the Union of India and the Customs authorities against an order directing refund of Customs duty to the writ petitioners.2. The writ petition is filed by M/s. Suresh Trading Co., a partnership firm, having its office at 115, Mittal Chambers, Nariman Point, Bombay. The petition is declared by one Harish Sakharam Savardekar, who gives his address as Mittal Tower, Nariman Point, Bombay-21.3. We think it necessary to mention that the petitioners' advocate on record is Dr. Nitin Kantawala.4. An affidavit has been placed before us on behalf of the appellants. It is made by Yudhvir Singh Shahrawat, Assistant Collector of Customs. It notes that the petition is filed and declared as aforementioned. Enquiries had been made by the Customs with M/s. Suresh Trading Co. They stated that they had only three partners namely, Mansukhlal M. Vora, Praful Mansukhlal Vora and Aswin Mansukhlal Vora. Harish Sakharam Savardekar was not a partner. They had not fil...
Gold Seal Engineering Product Pvt. Ltd. and Others Vs. Hindustan Manuf ...
Court: Mumbai
Decided on: Sep-09-1991
Reported in: AIR1992Bom144; 1992(2)BomCR321
1. By my order dated 29th August, 1991, I have dismissed the notice of motion for the reasons to be dictated separately. I now proceed to dictate the reasons formy said order.2. The plaintiffs have filed this suit against the defendants for a permanent injunction restraining the defendants from in any manner infringing the plaintiffs' registered trade mark bearing No.28457 and/or 264759B and/or 356125B and/or 386130B and/or 386131B and/or from using the mark 'Gold Star' or the 'Seal' device or the caricature of a mechanic boy with or without the words 'Kartik Mistry' so as to infringe the marks set out in prayer (a) of the plaint. The plaintiffs have also prayed for a permanent injunction restraining the defendants from using the impugned label Exhibit 'K' to the plaint or any other mark or label deceptively similar to the plaintiffs' trade marks or labels so as to pass off or enable others to pass off the defendants' goods as and for the goods of the plaintiffs, By prayer (c) of the p...
Hindustan Lever Limited, Vs. Nirma Private Limited, Ahmedabad
Court: Mumbai
Decided on: Sep-09-1991
Reported in: AIR1992Bom195
1. Hindustan Lever Ltd., has filed this suit against Nirma Private Ltd., seeking permanent injunction restraining the defendant from using in relation to soaps or detergent powder the impugned carton, a photograph of which is annexed as Exhibit 'O' to the plaint, or any other deceptively similar carton. Both the plaintiff and the defendant manufacture various products inter alia, the detergent powder known in the trade as 'Surf and 'Nirma' respectively. The plaintiff claims to be registered proprietor of various trade marks referred to in the plaint since decades. The plaintiff also claims to be owner of copyrights in various labels --artistic works used by the plaintiff on their cartons in relation to its product 'Surf'. The plaintiff contends that since about March 1991, the defendant is indulging in colourable imitation of the plaintiffs trade mark and artistic labels and is passing off their product as if associated with the plaintiff. The plaintiff has framed its cause of action i...
Narendra Govind Mangela Vs. the Inspector of Police, Virar Police Stat ...
Court: Mumbai
Decided on: Sep-09-1991
Reported in: 1992(2)BomCR478; 1992CriLJ2711
Pendse, J. 1. On November 20, 1990 at about 2.30 a.m. police party attached to Virar police station proceeded towards Kopari to arrest some of the absconding accused in respect of a crime registered under Section 302 read with Section 34 of the Indian Penal Code. The police party could not trace the suspects and while returning noticed three persons standing in dark on Narangi Road. On being intercepted, all the three started running away, but the police chased them and on search found that the petitioner Narendra govind Mangela was carrying a country revolver and three live cartridges in a rexin cloth pouch. The pouch was found on the person of the petitioner. The petitioner could not disclose any authority to possess the revolver. The police then brought the petitioner and his two associates to the police station and filed F.I.R. and registered an offence under section 25(1)(c) of the Indian Arms Act, 1960. The petitioner was produced before the Judicial Magistrate, First Class, Vasa...
Cock Brand Sinnar Bidis Ltd, Nasik Vs. Shakuntalabai Dashrath Khandare
Court: Mumbai
Decided on: Sep-09-1991
Reported in: (1992)IILLJ420Bom
1. This writ petition impugns an order of the appellate authority-under the Bidi and Cigar Workers (Conditions of Employment) Act 1966, Nasik, made in Appeal No. 1 of 1979 under Section 31(2)(a) of the Bidi and Cigar Workers (Conditions of Employment) Act, 1966 (hereinafter referred to as the Act). 2. The respondent was employed in the service of the petitioner, which owns an establishment manufacturing Bidis. The respondent filed an appeal under Section 31(2)(a) of the Act before the appellate authority at Nasik alleging, inter alia, that she was employed as a Tarai Kamgar (Bidi Checker) in the Sinnar Branch of the petitioner's establishment and that she was serving as such continuously for four years, till she was illegally dismissed on April 4, 1979. She also claimed that she was paid wages of Rs. 120/- per month. It was the case of respondent before the appellate authority that on March 8, 1979 one Jagannath Ramakant Chandak, Managing Director of the petitioner, told her not to rep...
Pedro Santan Braganza Vs. Zacharias Manuel Jorge and anr.
Court: Mumbai
Decided on: Sep-09-1991
Reported in: 1992(1)BomCR707; (1992)94BOMLR859
K. Sukumaran, J.1. Pedro Santan Braganza was a baker. He had his humble abode confined to 125 square metres on the ground floor of a building situate at Nagvaddo. The lease arrangement was subsisting even from the time of his ancestors. A formal lease deed had been executed on 15-10-1948. The short space was used both for his bakery and as his family residence.2. The landlord instituted a suit, being Suit No. 192 of 1969, for eviction. Violation of the lease conditions and the intention of the landlord to reconstruct the building were some among the contentions urged. A suit of that nature was governed by the provisions of the Portuguese Law Regulation Rent & Leases of Buildings Decree No. 43.525 dated 2-6-1961. The right of tenant to be intimated about the completion of the reconstruction by the landlord, following a decree for eviction, was one such important right guaranteed under the law which governed the parties at that time. The suit was decreed on 12-1-1972. It taken up in appe...
Collector of Customs Vs. R.K. Chemicals
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-06-1991
Reported in: (1992)(43)LC516Tri(Mum.)bai
1. All the aforesaid five appeals are from the Revenue against the common order of Collector (Appeals) bearing No. 36/86 BCH (File No.S/49-382, 383, 455, 456 & 457/85-L) dated 23.1.1986, allowing five appeals from the respondents and setting aside the concerned adjudication orders passed by the Dy. Collector. Since all the five appeals involve in consideration of the same issue, they were heard together and are proposed to be disposed of by this common order.2. The prayer in the appeals from the Collector of Customs, Bombay is to set aside the common order of the Collector (Appeals) and to restore the orders of confiscation passed by the Dy. Collector.3. The respondents imported zips in coil form and claimed clearance against REP licences issued against D. 2.2. product group of Appx. 17 of AM. 1983 Policy. The list attached to the licence showed the restriction of 5% of the face value being applicable to zip fasteners.The licences were sought to be utilised for values exceeding 5%...
Assistant Commissioner of Vs. Miss Shalini K. Meh
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-06-1991
Reported in: (1992)40ITD9(Mum.)
1. These two cross appeals, one by the Revenue and the other by the assessee against the orders of two different Deputy Commissioners of Income-tax (D.C.) involving common point of dispute are disposed of together for the sake of convenience.2. The assessee is a individual and a beneficiary of R.P. Mehra Family Trust having a specified and determinate share therein, along with certain other beneficiaries. The assessment years are 1985-86 and 1987-88 and the relevant previous years are the corresponding financial years ended on 31-3-1985 and 1987 respectively.3. The common issue involved is whether or not the share of income of the assessee in the said trust is to be considered in her total income for the rate purposes. The assessee's share in the income of the trust was taken at Rs. 964 in the first year and Rs. 28,864 in the second year under appeal by the ITO and the same was included in the total income of the assessee under Section 86(v) of the Act for rate purposes, after overrul...
Crystal Oil (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-06-1991
Reported in: (1992)40ITD15(Mum.)
1. The business of the assessee-company is that of processing of deteriorated lubricating oil, refining the same and making it marketable once again.3. Considering it to be erroneous in so far as it was prejudicial to the interest of the Revenue, the learned Commissioner of Income-tax (in short 'CIT') initiated action under Section 263 of the Income-tax Act, 1961.4. In response to the notice it was contended by the assessee before the CIT that their activity of refining of waste lubricating oil amounted to manufacture of a new marketable product, which was different than mere processing. Explaining, it was submitted that the waste raw material was called "black oil", which had lost its quality of serving as an affecting lubricant. It had absorbed in it certain impurities. This raw material by the process of dehydration, treatment with acids, distillation and filtration was converted into an efficient lubricant again. It required the use of plant and machinery like kettle, meter, acid ...
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