Mumbai Court January 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Board of Trustees of the Port of Bombay Vs. Sun Export Corpn.
Court: Mumbai
Decided on: Jan-10-1993
Reported in: 1993(65)ELT4(Bom)
Pendse, J.1. The respondent No. 1 is a sole proprietary concern of respondent No. 2 and imported 10 cases of stainless steel tubes in July, 1974. The import was manifested at Item No. 98 of the Import General Manifest dated July 20, 1974 of vessel s.s. 'JALA VEERA'. The consignment was landed by the ship on July 26/27, 1974 at Indira Docks. The outturn of the consignment was drawn on January 27, 1975 and the consignment remained at warehouse at Indira Docks. In respect of the consignment, the Collector of Customs issued order dated February 28, 1976 confiscating the goods in exercise of powers under Section 111(d) of the Customs Act, 1962 but gave option to clear on payment of penalty. On April 19, 1976, the Bombay Port Trust authorities served notice on respondent No. 1 informing about the fact of confiscation and pointing out that respondent No. 1 is liable for Port Trust charges. On May 24, 1976, respondent No. 1 informed the Port Trust that the bill of entry is being completed and ...
Sidram Narayan Batane Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-10-1993
Reported in: I(1993)DMC204
S.M. Daud, J.1. This appeal takes exception to the conviction and sentence recorded against the appellant for the commission of offence punishable Under Sections 498A. 304B and 302 all of the Indian Penal Code.2. Appellant/accused is the husband of the deceased Suvarna. This girl's parents Limba and Kanta are prosecution witnesses Nos. 6 and 8. The two families i.e. the family of the accused and that of Limba hail from village Sayyad Varvade, Taluka Mohol, District Solapur. Accused was married to Suvarna some 3 years prior to 8-l2-1987. On 8-12-1987, Suvarna was taken from village Varvade to the District Hospital at Solapur. She was found to have 70% burns and her condition kept deteriorating. Eventually on 14-12-1987 the girl died. Her death was due to Septicemia due to 70% burns. The contents of the post-mortem notes which are at Exh. 16 are not seriously questioned.3. The prosecution case was that for some 2 to 2-1/2 years after the marriage, there was no serious discord between the...
Smt. Lata Pimple Vs. the Union of India and Others
Court: Mumbai
Decided on: Jan-08-1993
Reported in: AIR1993Bom255; (1993)95BOMLR311
ORDERKurdukar, J.1. This batch of writ petitions filed under Art. 226 of the Constitution of India raise a common question as regards constitutional validity of Ss. 3 and 13 of the Family Courts Act, 1984 (hereinafter referred to as 'the said Act') and certain rules framed thereunder. In some of the petitions challenge is also made to the impugned orders passed by the learned Judges of the Family Court rejecting applications of the petitioners for allowing them to be represented by an Advocate.2. Before we deal with constitutional challenges, a brief reference to the Statementof Objects of the Act will facilitate to appreciate the rival contentions. The said Act was passed sometime in the year 1984. Statement of Objects and reasons contained in Bill No. XXI of 1984, that several associations of women, other organisations and individuals have urged, from time to time, the necessity of establishing the Family Courts for settlement of family disputes. It was also urged that emphasise shou...
Shri Domingos Caetan Rodrigues (Since Deceased) Through His Legal Repr ...
Court: Mumbai
Decided on: Jan-08-1993
Reported in: 1994(4)BomCR306
A.A. Cazi, J.1. This second appeal is directed against the judgment and order dated 30th April, 1990 of the learned Additional District and Sessions Judge, Panaji, in Regular Civil Appeal No. 64 of 1986 whereby the appeal was allowed and the judgment and decree dated 31st July, 1986 of the learned Civil Judge, Junior Division, Panaji, dismissing the Suit No. 258/76/D was set aside and the 1st respondent's suit was decreed and then defendant No. 1, the predecessor of present appellants, as well as present respondent No. 2 were ordered to deliver to respondent No. 1 vacant possession of the suit house within sixty days from the date of the order.2. Mrs. Preciosa Fornandes had two sons- (i) respondent No. 1 and (ii) Domingos, the original defendant No. 1, who was since died and whose legal representatives are the present appellants. Respondent No. 1 has a daughter by name Eulanda. By a gift deed dated 6th May, 1970 Preciosa gifted the suit property so as to give the corpus or naked proper...
Sadanand Gajanan Mulye Vs. Shri Manka Dipa Pawar
Court: Mumbai
Decided on: Jan-08-1993
Reported in: (1993)95BOMLR1
A.V. Savant, J.1. This is a petition by the original landlord arising out of proceedings initiated by respondent No. 1 tenant for declaration of his tenancy in respect of the suit land Survey No. 4, Hissa No. 4 measuring O-Acre 14.8 gunthas assessed at Rs. 2.51 situate at village Phansavale, Taluka and District : Ratnagiri. The case of the respondent was that he was cultivating the suit land for over 30 years, that is to say prior to April 1, 1957. An application was made before the Tahsildar purporting to be under Section 70(b) of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter, referred to as the 'Tenancy Act') on October 7, 1978. The respondent tenant examined himself and produced two witnesses viz. Shankar Sangare and Govind Pawar, in support of his contention that he was cultivating the suit land for the last several years. He also produced four receipts for payment of land revenue viz. receipts bearing No. 40/3, 35/5, 112/2 and 157/3. They pertain to the years 1964...
Govind Ramchandra Deo Vs. Smt. Ramabai Vasudeo Pandit and ors.
Court: Mumbai
Decided on: Jan-07-1993
Reported in: 1994(2)BomCR300; (1993)95BOMLR290
A.V. Savant, J.1. This is a petition by the original-tenant seeking to challenge the order dated 20th July, 1980 passed by the Appellate Court allowing the appeal of the landlords and directing the tenant's eviction on two grounds viz. (i) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of 6 months immediately preceding the date of the suit-as mentioned in Clause (k) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter, referred to as the 'said Rent Act') and (ii) that the tenant after coming into operation of the said Rent Act has built, acquired vacant possession of or been allotted a suitable residence, as mentioned in Clause (1) of sub-section (1) of section 13 of the said Rent Act. The trial Court had dismissed the landlords' suit, but on appeal a decree for eviction has been passed, which has been challenged in this petition. A few facts may ...
The State of Maharashtra Vs. Chandrakant Annappa Shyanbhag and anr.
Court: Mumbai
Decided on: Jan-06-1993
Reported in: 1993(2)BomCR211
Ashok Agarwal, J.1. By this judgment and order dated 29th of January, 1986, passed by the learned Metropolitan Magistrate, 36th Court, Bombay in Case No. 120/S of 1980, the original accused Nos. 1 and 3 are convicted for an offence under section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to, as the 'said Act'). Original accused No. 2, who was similarly placed as accused Nos. 1 and 3, died pending the trial and hence the prosecution as against him stood abated. For the offence under section 3 of the said Act, the learned Magistrate sentenced accused Nos. 1 and 3 to pay a fine of Rs. 400/- each in default they were directed to suffer simple imprisonment for one month. By the very same order original accused Nos. 4 to 11 were discharged of the offence punishable under section 3 of the said Act. Taking exception to the order of sentence imposed upon accused Nos. 1 and 3 the State has preferred Criminal Appeal No. 248 of 1986 for enhancement of sentence ...
Prithviraj S/O. Ambalal Patel Vs. Bhupendra S/O. Jasubhai Patel and an ...
Court: Mumbai
Decided on: Jan-06-1993
Reported in: 1993(3)BomCR719
M.S. Vaidya, J.1. The respondent No. 1-Bhupendra s/o Ambalal Patel was an employee of the petitioner as his Branch Manager-cum-Chief Accountant for several years prior to the year 1989. In an audit which was concluded on or about 6th of July, 1989, it was discovered that during the period of 3 or 4 years prior to that date, he had misappropriated amounts to the tune of Rs. 10 lakhs approximately. According to the petitioner, the father of the respondent No. 1 also, was in the employment of the petitioner for quite some time and when the matter was referred to him and was discussed with respondent No. 1, the respondent No. 1 had agreed to issue cheques in respect of part of the amount that was found due from him. It is averred in the complaint that cheque No. 6203904 dated 15-7-1989 for a sum of Rs. 3 lakhs was the first cheque issued. Simultaneously, three other cheques bearing Nos. 6203905, 62039906 and 6203907 bearing dates 31st August, 1989, 30th September, 1989 and 31st October, 19...
Pravina Vs. Bharat
Court: Mumbai
Decided on: Jan-06-1993
Reported in: I(1993)DMC185
M.L. Dudhat, J.1. Rule returnable forthwith. Heard Shri Kamalakar, Advocate for the applicant.2. The applicant, who if the wife of non-applicant has filed the present application under Section 24 Civil Procedure Code for transfer of Hindu Marriage Petition No. 46/1992 pending before Civil Judge, Senior Division, Washim, District Akola to Nagpur.3. In her instant application, applicant has contended that hen marriage with non-applicant bad taken place on 26-5-86 at Risod, District Akola. Non-applicant 11 serving in Indian Army and at present he is posted somewhere in the Border area. Out of the laid wed-lock, two sons were born, who are at present 5 years and 3 years old respectively. From the dale of the marriage till November, 1989, relation between her and the non-applicant were cordial. However, since November, 1989, respondent started ill-treating her and, therefore, she had no other alternative than to leave the matrimonial house and return to her widowed mother. Since then, she h...
Rallis India Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Jan-06-1993
Reported in: 1993LC570(Bombay); 2005(182)ELT154(Bom)
V.A. Mohta, J.1. By this petition, the Petitioners, Rallis India Limited and another, challenge the orders passed by the Assistant Collector of Central Excise, DN. K-II, Bombay-I dated 10th September, 1982 and by the Collector of Central Excise (Appeals) Bombay, dated 26th February, 1983, being Exhibits 'O' and T' respectively to the petition by which it has been held that 'Amezole Tablet' manufactured and patented by the Petitioners, is not eligible for concessional rate of duty Under Notification No. 116/69 dated 3rd May, 1969.2. By the said Notification No. 116/69 issued in exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government exempted patent or proprietary medicines falling under Item No. 14E of the First Schedule to the Central Excise and Salt Act, 1944, and containing one or more of the ingredients specified in the Schedule thereto annexed, from the whole of the duty of excise leviable thereon. The material part of th...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »