Mumbai Court April 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.
Vinayak Gururao Inamdar and Others Vs. Bhaskar Vasudeo Shirsat and Oth ...
Court: Mumbai
Decided on: Apr-28-1993
Reported in: 1993CriLJ3594
V.A. Mohta, J.1. Since these two Writ Petitions arise out of a common order, they are heard together and disposed of by this judgment. 2. Upon receipt of information that certain contraband goods have been received by Respondent No. 1 - Bhaskar - who carries on business of running a video parlour in the town of Kudal in Ratnagiri district, certain officers of the customs department visited his premises on 18th May, 1985, searched them and seized a foreign made V.C.R. and demonstration cassette. On 12th July, 1985, Respondent No. 1 filed a private complaint against Petitioners - Vinayak Inamdar and Deepak Karadkar - under Sections 380, 451, 452, 504, 506(2), 323 read with Section 34 of the I.P.C. before the Judicial Magistrate First Class, Kudal and applied for release of the V.C.R. on 'supurtnama'. The learned Magistrate did not register the complaint, ordered inquiry under Section 202 Cr.P.C. and without issuing any notice to the Customs Department, sent a communication ordering relea...
Vidya Vikas Khandekar and ors. Vs. Bal Mandir Sanstha and ors.
Court: Mumbai
Decided on: Apr-28-1993
Reported in: (1993)95BOMLR934; 1993(2)MhLj1467
H.W. Dhabe, J. 1. These three writ petitions can be conveniently disposed of by this Common Judgment. 2. The petitioners in these writ petitions are the teachers working in the Secondary Schools of the respondent No. 1. The respondent No. 1 runs the Secondary school in Bajaj Nagar, where there are classes from 1st Standard to 10th Standard in English as well as in Marathi Medium. There is also school run by the respondent No. 1 at Neeri in Nagpur where classes from 1st Standard to Xth Standard exclusively in English medium are conducted. It is the case of the respondent No. 1 that this is not a different school, but the extension of the school in Bajaj Nagar, where there was no adequate accommodation for housing all its classes. 3. Originally, the above school of the respondent No. 1 were unaided schools. It is not in dispute that a teacher appointed in one School could be transferred to its another school by the respondent No. 1, when its above schools were unaided. It is further not ...
Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...
Court: Mumbai
Decided on: Apr-28-1993
Reported in: 1994(4)BomCR237
S.N. Variava, J.1. This is a private complaint filed by the Standard Chartered Bank (hereinafter for brevity's sake referred to as 'the said Bank) through its Director one Mr.Bratindranath Banerjee against the accused Mr. Hiten P. Dalal alleging an offence under section 138 of Negotiable Instruments Act. It is the case of the prosecution that the accused had issued to the said Bank four cheques, viz., (1) cheque No.985203 dated 24th December, 1991 for Rs. 27 crores (Ex. B); (2) cheque No. 985204 dated 26th December, 1991 for Rs. 14.50 crores (Ex. C); (3) cheque No. 989897 dated 17th February, 1992 for Rs. 17 crores (Ex.D); and (4) cheque No. 023423 dated 27th March, 1992 for Rs. 19,95,75,000/- (Ex. E). It is the case of the prosecution that these cheques were given in discharge of the liability of the accused to the said Bank arising from differences in the Contract Rates and Delivery Rates in transactions undertaken at the instance of the accused. It is the case of the prosecution tha...
New India Assurance Co. Ltd. and anr. Vs. Kamalabai and ors.
Court: Mumbai
Decided on: Apr-28-1993
Reported in: II(1993)ACC383; 1994ACJ519
H.D. Patel, J. 1. All the aforesaid appeals are being disposed of by this judgment. They arise from the common judgment delivered by the Member, Motor Accidents Claims Tribunal, on 28.12.1989 in Motor Accident Case Nos. 57 of 1982,58 of 1982,4 of 1983, 14 of 1983 and 54 of 1986. The claims preferred by the respective claimants arise from one and the same accident, which occurred on 18.6.1982 in which several persons died and some were injured. The facts giving rise to the claim petitions are as follows:2. On 18.6.1982 at about 8.30 p.m. several persons boarded the Matador van No. MTR 4391 at Akola. The said Matador was on its way to Khamgaon. In between Ridhora and Vyala the truck bearing No. MPT 9315 came from the opposite direction. Both the vehicles were proceeding with immense speed. A head-on collision took place between the Matador and the truck. The Matador was completely smashed. The truck was also damaged inasmuch the bumper was broken. Out of the several passengers who were t...
A.L. Ranjane and Others Vs. Ravindra Ishwardas Sethana and Others
Court: Mumbai
Decided on: Apr-26-1993
Reported in: AIR1994Bom106; (1993)95BOMLR168
1. First Appeal No. 1086 of 1991 and First Appeal No. 121 of 1993 have been filed against the judgment and decree dated 29th/30th August, 1988 passed by the City Civil Court at Bombay, in Short Cause Suit No. 948 of 1983. Against the first appeal preferred by the Municipal Corporation, respondent No. 1 has preferred cross-objections. I am disposing of both the aforesaid first appeals and cross-objections by this common judgment.2. Few facts which are material for the purpose of disposing of these first appeals are as under:-- Respondent No. 1 in First Appeal No. 1086 of 1991 who is the original plaintiff, is the owner of the property house bearing No. 535, Kalbadevi Road, Bombay, known as Kanta Terrace. The plaintiff is residing in the said property on the 3rd floor and part of 4th floor. On the ground floor of the said property there are shops. This building faces Kalbadevi Road and adjoining to the northern side of this building is a street called Jambulwadi. Kalbadevi road is runnin...
Dena Bank, Ahmednagar Vs. Prakash Birbhan Kataria and Others
Court: Mumbai
Decided on: Apr-26-1993
Reported in: AIR1994Bom343; 1994(1)BomCR537; 1994(1)MhLj198
ORDERDeshmukh, J.1. This first appeal raises a point of interest, and, importance.2. A suit was filed for the recovery of Loan advance to the defendants 1 and 2 for which the defendants 2 and 3 are the guarantors.3. The suit of the plaintiff-bank is decree with costs. The defendants therein are directed to pay the amount due in instalments with future interest at the rate of 6 per cent p.a. from the date of the suit.4. Even though the suit is decreed, theplaintiff bank aggrieved by the rate of interestas awarded is at the rate of 6 per cent p.a. thisfirst appeal challenging the decree. Shri B.M.Agarwal, learned counsel for the plaintiff-Bank, has contended that the rate of interestgranted by the learned trial Judge is contraryto the provisions of Section 34 of C.P.C. asthe loan advanced was for the commercialpurpose and as such the rate of interest shouldhave been to the extent of 15 per cent p.a. isdemanded by the bank. On the contrary, ShriJoydeep Chatterji, learned counsel for there...
State of Maharashtra Vs. Madhusudan and ors.
Court: Mumbai
Decided on: Apr-26-1993
Reported in: II(1993)DMC10
B.U. Wahane, J.1. The appellant/State preferred this appeal against the Judgment and Order dated 19-4-1990 passed by the 7th Additional Sessions Judge, Nagpur in a Sessions Trial No. 6 of 1987 recording the findings of acquittal against the respondents/accused for the offences punishable under Section 306 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act, According to the learned Counsel for the appellant/State, the learned trial Judge has not appreciated the facts and circumstances, as also the legal provisions in true and correct perspective and, therefore, the findings are perverse and erroneous. On the contrary, Shri Khapre, the learned Counsel for the respondents/accused supported the findings of acquittal of the respondents/accused and submitted that normally the findings of acquittal are not to be disturbed by the appellate Court unless the findings are perverse and illegal.2. We heard Shri Akhani, the learned A.P.P. and Shri Khapre, the learned Counsel f...
Netaji Purshottam Bahire Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-26-1993
Reported in: (1993)95BOMLR918
V.A. Mohta, J.1. The petitioner Netaji Bahire is undergoing life imprisonment in Yerawada Central Jail, Pune. In Sessions Trial No. 1 of 1977 decided on 31st May, 1978 by the Sessions Judge, Ratnagiri, he was convicted for an offence under Section 302 read with Section 303 of the Indian Penal Code and sentenced to life imprisonment and rigorous imprisonment for one year.2. The petitioner is a resident of village Kuveshi, Taluka Rajapur, district Ratnagiri. He had applied for parole leave, which was granted. He was released for 10 days on 23rd October, 1981 and upon his request the said leave was extended twice for the same period. He did not surrender in time. After a lapse of period of little more than two years - to be exact on 4th January, 1984 he was arrested by Yellow Gate Police Station, Bombay for an offence under sections 380 and 447, Indian Penal Code for which he was sentenced to rigorous imprisonment for one month by the Metropolitan Magistrate, Bombay. For not surrendering ...
Ms. Nancy Jamshed Adajania and Etc. Vs. State of Maharashtra and Etc.
Court: Mumbai
Decided on: Apr-23-1993
Reported in: 1993(3)BomCR68; 1993CriLJ3465
ORDER1. Rule. Heard Counsel. Distressing, misguided and misdirected is the only apt description for the action contemplated against the petitioners in these two cases. In Criminal Application No. 1062 of 1993, the Petitioner, Ms. Nancy Jamshed Adajania, is a young journalist aged 21 years, who is a student of English literature. She is a graduate in politics from the Bombay University and has also been doing her M.A. in English literature. She is the author of an article published in the Illustrated Weekly of India titled 'Myth and Supermyth', published in the issues dated 10th/16th April, 1993. She has pointed out that the article consists of a critical analysis of historical facts done as a matter or intellectual interest. She has extolled the great human qualities of Shivaji Maharaj, such as his courage, kindness and ingenuity. It is relevant to point out that the article purports to be a well-researched piece of literature and the petitioner has relied upon standard books of histor...
Swan Kher Gulsan and Others Vs. Assistant Collector of Customs and Ano ...
Court: Mumbai
Decided on: Apr-23-1993
Reported in: 1993(3)BomCR546; 1993CriLJ3569; 1993(1)MhLj888
ORDER1. A controversy has been projected by learned Counsel in this case, who has within a very short time re-applied to this Court for reconsideration of the quantum of bail granted by the learned Chief Metropolitan Magistrate of Bombay. The four applicants, who are students, were arrested on 19-2-1993 by the Airport Police on charges of having been found in possession of gold worth approximately Rs. 16,00,000/- to Rs. 18,00,000/- each. Accused Nos. 1, 3 and 4, who are Indian Nationals and students studying in Pune were granted bail in the sum of Rs. 2,00,000/- and cash deposit of Rupees 1,00,000/-; whereas accused No. 2, who is from Burma, was granted bail of Rupees 3,00,000/- with surety and in the alternative Rs. 2,00,000/- cash deposit. The applicants approached the High Court for reduction of bail amount, but this Court declined to interfere with the order dated 8-4-1993 and granted liberty to the applicants to re-apply to the trial Court. On 16-4-1993, they filed an application ...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »