Mumbai Court January 1992 Judgments
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Collector of Central Excise Vs. Voltas Ltd.
Court: Mumbai
Decided on: Jan-20-1992
Reported in: 1992(59)ELT44(Bom)
Pendse, J.1. This is an appeal preferred by Union of India to challenge judgment dated March 16, 1988 passed by the learned single Judge in Writ Petition No. 261 of 1981. By the impugned judgment, the learned Judge allowed the petition filed by the respondent-company and set aside the order dated September 26, 1980 passed by Government of India, Ministry of Finance, Department of Revenue, in exercise of powers under Section 36(2) of the Central Excises and Salt Act. 2. The respondent-company is registered under the provisions of the Companies Act and is engaged in manufacture of air-conditioners and water coolers and has a factory at Thane. Some of the essential parts of air-conditioners and water coolers are impellers (alternatively called blowers), motors and propellers. The company purchased the said parts from different suppliers and then these parts and other parts are assembled to bring into existence the end products like air-conditioners and water coolers. The function of the p...
Madhu Deolekar and anr. Vs. Commissioner, Bombay Municipal Corporation
Court: Mumbai
Decided on: Jan-20-1992
Reported in: 1992(2)BomCR201; (1992)94BOMLR740
K. Sukumaran, J.1. The Municipal Corporation of Greater Bombay (we shall hereafter refer to it as 'the Corporation'), is soon to go to the polls, on 21-2-1992 according to the Schedule. The Corporation is one of the oldest amongst the local authorities in India, dating back to 1888 when the Bombay Municipal Corporation Act, 1888 came into force. It has its hoary tradition and glorious history. The Elections were last held in 1985. The terms of the Council (and therefore, of the Councillors) in ordinarily for five years. Fresh elections were due in 1990. For reasons it is unnecessary to probe into, elections did not take place then. The life of the Council has been prolonged from time to time. The Municipal Corporations (Amendment) Acts of 1991, extended the term to 31-12-191 and later to 30t June, 1992. Under Maharashtra Ordinance XII the term comes to an end on 31-3-1992.2. It was an inability in holding the elections at the expiry of the then stipulated period of 31-3-1991 (as felt b...
Smt. Bhaguirati Narayan Borkar and anr. Vs. Smt. Ema Lima Cota Furtado ...
Court: Mumbai
Decided on: Jan-20-1992
Reported in: 1992(2)BomCR39
E.S. Da Silva, J. 1. This Letters Patent Appeal arises out of the Order of the learned Single Judge of this Court dated 29-8-1989 which rejected in limine the Writ Petition No. 295 of 1989 filed by the appellants against the respondents under Articles 226 and 227 of the Constitution seeking for a writ of certiorari of any other writ, direction or order in the nature of certiorari to quash and set aside the Orders dated 30-9-80, 21-8-91 and 27-2-89 of the respondents No. 4, 5 and 6 respectively.2. The appellant No. 1 is the mother of the appellant No. 2 and of the respondent No. 7 and the respondent No. 8 is the wife of respondent No. 7. The case of the appellants is that there exists a property known as 'Tolcai Zor' situated at Aquem, Margao bearing Land Registration No. 35625 and enrolled in the Land Revenue Office under No. 1146 and No. 859. The said property was belonging originally to one Ana Joaquina Elizinha De Sa and her husband Anastasio Justiano De Saude Furtado. By Sale Deed ...
Parashram Bapu Gaikwad and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-19-1992
Reported in: (1992)94BOMLR660; 1992CriLJ2405
Daud, J.1. This appeal takes exception to the conviction and sentence recorded against the appellants for the commission of offences punishable u/Ss. 302 and 201 read with 34 of the Indian Penal Code. 2. Appellant No. 1 Parashram is the husband of P.W. 2 Changunabai and this couple had three sons - two being appellants Gulab and Datta and the third being the victim Daula alias Daulat. The family was residing in one house situated at Lokhandewadi, a village of Taluka Shrigonda in District Ahmednagar. Adjacent to the said house lives complainant P.W. 1 Dadaram with his four sons, a wife and other members of the said family. Gulab and Datta are married while Daula was of marriageable age. P.W. 5 Bapu Bhujbal has a daughter by the name of Changuna and some four months prior to 25-3-1987, a deputation had been despatched to the house of Bapu Bhujbal to negotiate the engagement of Daula to Changuna. The groom's side wanted a dowry of Rs. 15,000/- to Rs. 20,000/- and the farthest that Bapu Bh...
Virsing Anwarsing Naik Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-17-1992
Reported in: 1994(2)BomCR328; 1992CriLJ2369
Daud, J.1. This appeal takes exception to the conviction and sentence recorded against the appellant for the commission of an offence of murder punishable under S. 302 of the Indian Penal Code. 2. The appellant was married to Laxmi about 18 months prior to February 1988. The couple was living at the house of the father of the appellant at Village Ghatani, Taluka Akkalkuwa, District Dhule. On 18-2-1988, the parents of the appellant were not at home and Laxmi was in the kitchen. The sound of a gun shot in the kitchen attracted that attention of P.W. 3 Narpatsing who is the police patil of the village and certain others. When they came running, they saw Laxmi lying dead with a gun shot injury on the left mastoid region. The appellant was standing closely and near her feet lay the gun. The appellant was taken to the Akkalkuwa Police Station which place was reached after midnight. P.S.I. Patil of the said police station recorded a statement of the appellant which is in admissible under S. 2...
Digvijay Textile Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-16-1992
Reported in: (1992)(59)ELT66Tri(Mum.)bai
1. All the three stay applications have been moved by the Public Sector Undertaking against the orders of the authorities below. In terms of the Supreme Court decision in the case of M/s. Oil & Natural Gas Commission and another v. CCE (Civil Appeal No. 2058-59 of 1988), it has been decided by the Supreme Court that the Govt. of India shall set up a committee consisting representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law to monitor disputes between Ministry and Ministries of various Industries and Public Sector Undertaking to ensure that no litigation comes to Court or to a Tribunal without the matter having been first examined by the Committee and its clearance for litigation. In view of the aforesaid directions of the Supreme Court, we are not entertaining the stay applications till the clearance from the committee is produced before us. The Department also should wait the outcome of decision of the committee. If the Department...
Starwars Textiles Pvt. Ltd. Vs. Collector of C. Ex. and Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-16-1992
Reported in: (1992)(60)ELT506Tri(Mum.)bai
1. For hearing the applicants appeal on merits, they are required to deposit a sum of Rs. 39,82,917.80 p towards duty and Rs. 5.00 lacs towards penalty and their plant and machine have been ordered confiscation but allowed the same to be redeemed on payment of fine of Rs. 25,000/-.2. Shri Willingdon Christian, the Ld. Adv. on behalf of the applicants, pleaded that they are processing cotton fabrics without the aid of power but with the help of the machines manually operated. During the visit of the officers, it was noticed that the electric motor with arrangements for coupling with the mercerising machine was found and the photograph was taken and on that basis the goods processed and lying in the factory were seized and the adjudication proceedings were initiated. The aforesaid demand is for the period from 1987-88 to 1989-90. The electric motor of 3 H.P. was no doubt kept near the mercerising machine to be used on the machine for removing the jamming of the machine. With a 3 H.P. el...
Narendra Rajaram Shinde and Others Vs. Smt. Rukminibai and Others
Court: Mumbai
Decided on: Jan-16-1992
Reported in: AIR1992Bom509; 1993(1)BomCR199
ORDER1. This writ petition is directed against an order dated 25th September 1991 passed by the Appellate Bench of the Court of Small Causes, Bombay, ordering for listing the petitioners' appeal for admission.2. Prima facie one would wonder as towhat is all this writ petition about when theorder is only for the appeal to be listed foradmission. It is urged by Shri Pradhan thatthe appeal before the Small Cause Courtshould be straightway admitted and not listedfor admission. 3. In the first place I see no such impropriety in the order as it should give rise to interference by this Court in a writ petition where this Court is concerned with seeing that justice is done. That apart the petitioners' appeal to the Appellate Bench of the Court of Small Causes, Bombay is under the provisions of S. 29 of the Bombay Rent Act. The procedure is governed by. Rules 9 and 13 of the Rules under the said Act. Under those Rules 'the Court shall, as far as may be and with the necessary modifications, foll...
Abdul Wahid Bahadur Ali Shaikh Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-16-1992
Reported in: 1994(2)BomCR339; 1993CriLJ977; 1991(1)MhLj1219
Saldanha, J. 1. The facts of this Criminal Appeal present a rather distressing and unfortunate state of affairs as we shall presently point out. The appellant-father is charged with having committed a sexual assault on his eight year old daughter on the night of 29th December 1985, the incident having taken place in the hut in which the family were residing, which is situated in a slum, at Bandra, Bombay. The appellant stood charged with having committed offences punishable under S. 376 of the I.P.C. as also under S. 57 of the Bombay Children Act. The learned trial Judge has awarded the maximum sentence prescribed under S. 376, which now stands amended, and sentenced him to undergo rigorous imprisonment for life. As far as the conviction under S. 57 of the Bombay Children Act is concerned, no separate sentence has been awarded. It is against this conviction and sentence that the present appeal has been preferred. 2. A few facts that are relevant for the decision of this appeal are set ...
Echbee Corporation Vs. Union of India
Court: Mumbai
Decided on: Jan-16-1992
Reported in: 1992(60)ELT213(Bom)
Srikrishna, J.1. We have heard the Appellant for a considerable length of time and see that there are only two discernible grievances. The first is that the Subsidiary Licences for AM 83 were not granted to him. The second, with regard to Licences for AM 84 to 88, is that when these licences were issued, they were revalidated only for a period of 3 months. Generally such licences are valid for 18 months and the Appellant's grievance is that because of the erroneous view taken by the Respondents, the validity period was curtailed to 3 months and that he was unable to utilise them. 2. Without going into the niceties of the long-winded arguments advanced by the Appellant, we feel that, though the Appellant-original Petitioner succeeded substantially in his Writ Petition, by reason of the extremely short periods of revalidation of the import licences, he was hardly able to utilise them. We also feel that his grievance of not being given the Subsidiary Licences for AM 83 is justified. 3. In...
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