Mumbai Court December 1992 Judgments
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Vishal Electronics Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Dec-03-1992
Reported in: 1993LC536(Bombay); 1993(68)ELT557(Bom)
1. This is an appeal preferred by the original petitioners to challenge legality of judgment dated July 12, 1989 delivered by learned Single Judge in Writ Petition No. 2876 of 1982 filed by the appellants. By the impugned judgment, the petition was dismissed and the claim of the appellants for advantage of notification dated August 8, 1977 was turned down. The facts which gave rise to the litigation are as follows : 2. The appellants are engaged in the manufacture of closed circuit television cameras and for the purpose of manufacture, the appellants are required to import various components including lenses which are optical appliances of a very sophisticated nature. The lenses are liable to payment of excise duty in accordance with Tariff Item No. 90.02 of the Customs Tariff Act, 1975. The relevant entry reads as under : '90.02 Lenses, prices, mirrors and other Rate of duty a optical elements of nay material applicable to the instrumented being parts of or fittings ments or apparatus...
Shaikhlal Gulab Mulla Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-03-1992
Reported in: 1993(1)BomCR640; (1993)95BOMLR876
M.F. Saldanha, J.1. The appellant in this case, a tailor, who was resident alongwith various members of the joint family in a small building situated at village Kapil, Taluka-Karhad, Dist. Satara, was charged with having committed the murder of his wife Sahida. It was alleged that at about 8.30 a.m. on the morning of 6-4-1989, that the accused had inflicted a number of stab injuries principally around the neck area of deceased Sahida with a pair of scissors. Having regard to the fact that the injuries were several and that the blood vessels were ruptured Sahida died instantaneously. The brother of the accused who was at that time in the market, by name Sikandar Mulla was informed of the death of his sister-in-law and he thereupon sent his younger brother to verify the correctness of this news. On coming to know that Sahida had in fact been murdered, he lodged a complaint with the Police which is treated as the F.I.R. The Police thereafter proceeded to the spot, commenced their investig...
Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...
Court: Mumbai
Decided on: Dec-03-1992
Reported in: 1993(2)BomCR329
S.M. Daud, J.1. This is a suit for enforcing rights allegedly conferred under conveyance dated 20th March 1951 - hereinafter referred to as 'Ex.B'.2. Ratanchand Hirachand Doshi was the owner of a fairly large and valuable property comprising land and structures thereon which property was acquired by him on 15-4-1947 for a consideration of Rs. 6,55,580.80 ps. (see Ex. A-95). Certain parcels of vacant land from out of this property were transferred under three different transactions dated 28-11-1947, 18-5-1949 and 27-4-1950. That left Ratanchand with land measuring 6350.40 sq. yds. with various structures thereon. The structures included Ratan Villa also known as 'Ratan Villas' or the 'main bungalow', servants' quarters, out-house/guest-house, Secretary's house and garages. The area on which these structures stood covered 1292 sq. yds. A thousand sq. yds. to the west facing the Arabian Sea was required to be kept vacant as per the Government convenient. The vacant area in bits and pieces...
Bomi Munchershaw Mistry Vs. the Kesharwani Co-operative Housing Societ ...
Court: Mumbai
Decided on: Dec-03-1992
Reported in: 1993(2)BomCR301
S.M. Daud, J.1. This is a suit for a declaration and cancellation vide conveyance marked Ex. J admitted for registration on 30-11-1967 and passed in favour of defendant 1 by defendant 2 in his capacity as the Court appointed Receiver of the estate of his brother, the late Ratanchand Hirachand.2. Ratanchand, the father of defendants 3A and 3B, was the owner of a large piece of land measuring near about 6000 to 7000 sq.yds of land with a bungalow, outhouse, guesthouse, servants quarters and garages thereon on the Nepean Sea Road in Bombay. Out of the vacant portion to the south-coast, an area of less than 600 sq. yds. was sold by Ratanchand to a trust on 20-3-1951--the conveyance being at Ex. B. The settlers of the trust incorporated in a deed of 17-3-1951 were plaintiff's father Munchershaw, his uncle Kekobad and grandmother Dinbai. The deed vested a certain sum in trustees-Munchershaw, Kekobad, Maneckji and Khurshed--the last two, being the full brother and that brother's wife of the f...
Nozer Gustad Commissariat Vs. Central Bank of India and ors.
Court: Mumbai
Decided on: Dec-02-1992
Reported in: 1993(2)BomCR8; (1993)95BOMLR4; (1993)IILLJ98Bom; 1993(1)MhLj228
ORDER1. Notice of Motion is made absolute is terms of prayers (a), (b) No order as to costs. The Prothonotary and Senior Master shall expeditiously take steps for issue of Succession Certificate subject to all office requisitions being complied with by the petitioner the interest of the petitioner minor being properly and adequately safeguarded. 2. The petitioner is a minor. The petitioner is the only son of late Shri Gustad Rustomji Commissariat, hereinafter referred to as 'the deceased'. The deceased had divorced Freny D. Irani, natural mother of the petitioner, sometime in the year 1985. The deceased was an employee of the Central Bank of India. On divorce being obtained as aforesaid, the deceased nominated respondent No. 4, his brother, for purpose of provident fund etc. The petitioner has filed this petition for issue of Succession Certificate in respect of certain debts and assets belonging to the deceased by his next friend, mother and natural guardian the said Freny Irani. Ther...
Association of Chemical Workers Vs. N.A. Kadam and ors.
Court: Mumbai
Decided on: Dec-02-1992
Reported in: (1993)ILLJ1144Bom
1. This Writ Petition challenges an Order of the Industrial Court, Maharashtra, Thane, dated January 31, 1985, made in Complaint (ULP) No. 29 of 1977, a proceeding under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act') 2. The Second Respondent is a Company, which manufactures Polyester Staple Fibre at its factory at Thane. Prior to April 1972, the members of a union, known as 'ICI and Allied Companies Employees' Union', which was recognised by the Management of the Second Respondent under the Code of discipline. This union was extended several facilities extended to a recognised union under the Code of Discipline and also given a room for conducting its office within the premises of the Second Respondent-factory. In April, 1972, the said union withdrew from the scene after informing the Second Respondent that its employees had ceased to be members of the said union. Thereafter the wo...
Caltex Oil Refining (India) Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Dec-01-1992
Reported in: (1993)95BOMLR975; (1993)113CTR(Bom)358; [1993]202ITR375(Bom); 1993(2)MhLj1758
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion at the instance of the assessee : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no appeal lay to the Appellate Assistant Commissioner of Income-tax against the computation of interest under section 214 made by the Income-tax Officer ?' 2. The facts giving rise to this reference, briefly stated, are as follows : For the assessment year 1970-71, by an order dated February 11, 1972, the Income-tax Officer assessed the total income of the assessee at Rs. 82,72,020 and allowed interest under section 214 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), on advance payment of tax in excess of the tax determined on regular assessment. The matter went in appeal up to the Tribunal. In consequence of the order of the Tribunal ...
Smt. Shalini Wd/O Gangadhar Wadodkar and ors. Vs. Prakash S/O Gangadha ...
Court: Mumbai
Decided on: Dec-01-1992
Reported in: 1994(2)BomCR386
H.W. Dhabe, J.1. The appellants had challenged by way of this L.P.A. originally only the order of the learned single Judge dismissing their application for restoration of the writ petition dismissed in default. However, by amendment they have also challenged the order dismissing the writ petition itself in default.2. The facts giving rise to the instant L.P.A. are that the respondent/landlord filed an application before the learned Rent Controller under Clause 13(3)(vi) & (vii) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (for short 'the Act') seeking permission to give quit notice to the original tenant Gangadhar who died after the appellate judgment in the above Rent Control Case. According to the respondent/landlord there was partition of the family house amongst the brothers and the block in possession of the original tenant Gangadhar was allotted to his share in the said family partition. Further, according to him, his brother Sunil in whose block he was livi...
Shri Kisan Mahadeo Hedgire Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-01-1992
Reported in: 1993(1)BomCR631
M.F. Saldanha, J.1. The appellant in this case at the relevant time was employed as Enquiry Officer of the Mangalvedha sub-branch of the Maharashtra State Co-operative Land Development Bank Limited. It is alleged that he demanded a sum of Rs. 100/- from complainant Pandurang on 23-6-1983 and that he had accepted the said amount as a bribe on 6-7-1983 at about 12.40 p.m. The prosecution alleges that Pandurang had applied for a loan from the Bank in connection with the construction of a well. It was the job of the accused to submit a report with regard to the degree of work that had been completed by Pandurang before the next instalment was sanctioned. Pandurang had applied for payment of the next instalment and the accused was processing the requisite papers in connection with which Pandurang had to make several trips to the Bank. At the same time, in identical circumstances one Bhausaheb had also applied for sanction of the third instalment of his loan and the accused was required to d...
Vasant Sudam Patil and anr. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Dec-01-1992
Reported in: (1993)95BOMLR998
V.P. Tipnis, J.1. By this petition the petitioners, who were primary teachers, are challenging the legality and validity of the transfer order passed by the Block Education Officer, Panchayat Samiti Panvel, dated 12.3.1986. The petitioners who are husband and wife respectively are employed as primary teachers in the schools which are under the control of the Raigad Zilla Parishad.2. It is alleged in the petition that the petitioner No. 1 joined as Assistant Primary Teacher on 21.2.1972 at Uran and worked there upto 1981. In 1981 he was transferred to Panvel and since then he has been working as Assistant Teacher at Taloje Panchanad. The petitioner No. 1 married to petitioner No. 2 in the year 1976. On 12.11.1981 petitioner No. 2 joined as Assistant Primary Teacher at village Khidupada in Panvel Taluka. Both the petitioners are residing at a place known as Rod Pali in Panvel and they daily commute to their respective schools. In 1980 the couple gave birth to a son and in 1982 and 1984 r...
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