Mumbai Court June 1993 Judgments
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Vinaykumar S/O Trilokchand Karnawat Vs. the State of Maharashtra and o ...
Court: Mumbai
Decided on: Jun-16-1993
Reported in: 1994(1)BomCR687
M.S. Vaidya, J.1. The petitioner in this case has moved this Court under Articles 226 and 227 of the Constitution of India for a direction to respondents Nos. 1 to 3 directing them to allot to him the seat for M.S. (General Surgery) for the batch commencing from January, 1990 on the ground that he was the most eligible candidate being the highest scorer of marks in merit. He has also sought a direction for quashing and setting aside the merit list prepared by the authorities as at Exhibit 'C' insofar as it pertains to the subject of M.S. (General Surgery) for the batch commencing from January, 1990.2. On considering the facts and the law on the point, we think that the petitioner is entitled to be considered for allotment of the seat in the subject of M.S. (General Surgery), which had reverted from the All India Entrance Examination.3. It may be noted at the outset that respondents Nos. 5 to 50 were added to the petition, because they were the candidates in the merit list of the candid...
Sawaleram Sakharam Datir and ors. Vs. Karbhari Ahilaji Choudhari and o ...
Court: Mumbai
Decided on: Jun-16-1993
Reported in: 1993(3)BomCR700
N.P. Chapalgaonker, J.1. Elections to elect Directors of respondent No. 19 - Karkhana was held on 10th May, 1989. Results were announced two days thereafter and respondent Nos. 1 to 18 were elected as Director of respondent No. 19 - Karkhana. This election came to be challenged under the provisions of section 144D of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'Co-operative Societies Act' for the purpose of brevity), before the Additional Commissioner, Nasik Division, Nasik, in Election Petition No. 308/1989 and by his judgment and order dated 11th July, 1990, he was pleased to dismiss the Election Petition. This judgment and order has been challenged before this Court in this writ petition under Article 227 of the Constitution of India in its powers of superintendance.2. Though several points were raised in the Election Petition, Shri A.H. Kasliwal, learned Counsel appearing for petitioners, was fair enough to limit his contention to only three points....
B.K. Gupta Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jun-16-1993
Reported in: 1993(48)LC377(Bombay)
M.L. Pendse, J.1. By order dated August 18, 1983 passed by the learned single Judge, the petition was admitted and the respondents were directed to permit the petitioners to clear the consignment of Dextrose Anyhydrous on condition that the petitioners shall pay customs duty at 60% ad valorem, auxiliary customs duty at 25% ad valorem. It was further directed that the petitioners are not liable to pay any additional duty but the petitioners should give a bank guarantee for 100% of differential amount due in favour of the Collector of Customs. In pursuance of the order, the petitioners have cleared the consignment.2. Shri Kantawala, learned Counsel appearing on behalf of the petitioners, submitted that the issue raised in the petition stands concluded by decision of the single Judge reported in : 1989(43)ELT245(Bom) (Tata Exports Ltd. v. Union of India). The learned Counsel submitted that the decision has become final and the department has not filed any appeal. In view of the decision, ...
Mrs. Khan Rukhsena Banoo Vs. B.S. Rawat, Assistant Collector of Custom ...
Court: Mumbai
Decided on: Jun-15-1993
Reported in: 1994(2)BomCR414; 1994CriLJ785
Saldanha, J.1. The appellant, a young lady, who hails from South Africa was charged with having committed offences under the N.D.P.S. Act and the Customs Act in so far as it was alleged that on 20th January, 1989, she had checked in at Sahar International Airport, Bombay, for an Air Mauritius Flight No. M.K. 745 which flight was bound for Durban via. Mauritius. She had checked in three suit cases which are the subject-matter of the present prosecution and which, on examination were found to contain women's clothing, principally maxis. The defence, however, disputes this fact and maintains that the accused only had hand-baggage, that the owner of the 3 suit cases could not be traced and that the officers have falsely alleged that they were checked in by the accused. Concealed within the folds of these maxis and wrapped in cotton were as many as 49 packages, each one containing 1000 tablets of Mandrax. 2. The Appellant had gone to the Airport on that day and was required to get the check...
LyphIn Chemicals Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jun-15-1993
Reported in: 1993LC21(Bombay); 1993(66)ELT572(Bom)
Pendse, J.1. The petitioner are a private limited company and on September 28, 1981, imported 1980 kgs. of D2- amino-1 Butane air. The petitioner initially filed bill of entry for home consumption but could not make arrangement for payment of Customs duty which was at the rate of 25% ad valorem on duty differential bond. Subsequently, the petitioner applied for transfer of bill of entry to warehousing. The rate of duty was increased on November 27, 1981 and thereafter the petitioners sought substitution of bill of entry for home consumption in respect of warehousing. The request made by the petitioners by letter dated March 22, 1982 was turned down by the Assistant Collector of Customs, Air Cargo Complex, Sahar, Bombay reply dated March 27, 1982. The reply recites that the bond bill of entry was completed on November 26, 1981 and registered with Bond Department on December 3, 1981. The letter further recites that the interests of revenue are prejudicially affected and the substitution ...
J.S. Sydney Vs. Union of India
Court: Mumbai
Decided on: Jun-15-1993
Reported in: 1993(67)ELT51(Bom)
Pendse, J. 1. The short question which falls for determination in this petition filed under Article 226 of the Constitution of India is whether the authorities below were right in declining benefit of the Baggage (Condition) of Exemption Rules, 1975 to the petitioner. Only few facts are required to be stated to appreciate the grievance of the petitioner. 2. The petitioner is resident of Andhra Pradesh and proceeded to Kuwait to work as a Driver with effect from January 26,1980. The petitioner resided at Kuwait for a duration of 2 Years 4 months and 16 days continuously. It is the claim of the petitioner that during his stay, a colour T. V. and V. C. R. were purchased for personal use on January 4,1981 and in respect of which the petitioner holds a receipt executed by the vendor. The petitioner returned back to India and sought clearance of T. V. and V. C. R. in accordance with Rule 3 of the Baggage (Condition) of Exemption Rules. The rule, inter alia, provides that the personal and hou...
R.K. Chemicals Vs. Union of India
Court: Mumbai
Decided on: Jun-15-1993
Reported in: 1993LC380(Bombay); 1993(67)ELT79(Bom)
Pendse, J.1. The petitioner are carrying on business of import and exports in varieties of goods. The petitioners imported goods known as Glyoxalin 40% in pursuance of three R. E. P. licences, all dated March 26,1982. The three import licences permit import of synthetic tanning agent. On import, the petitioners filed bills of entry for clearance for home consumption, but the respondents declined to permit clearance as the petitioners were claiming advantages of Exemption Notification dated February 10,1979 issued in exercise of powers conferred by sub-section (1) of Section 25 of the Customs Act. The refusal of the Department gave rise to the filing of the petition. 2. The learned Single Judge while admitting the petition relied upon the report of the Deputy Chief Chemist which was, inter alia, in favour of the claim of the petitioners in respect of the nature of the goods imported and then granted clearance unconditionally. Shri Mehta, learned Counsel appearing on behalf of the petiti...
Khatabai and ors. Vs. Babulal Gambhir Badgujar and anr.
Court: Mumbai
Decided on: Jun-15-1993
Reported in: II(1993)DMC540
A.D. Mane, J.1. In this Criminal Write Petition, the only question relates to the quantum of monthly maintenance allowance. The petitioner No. 1 is the wife, whereas petitioner Nos. 2 to 5 are the children of respondent No. 1-husband of petitioner No. 1. The petitioners were granted monthly maintenance allowance on 26.2.1982 in Misc. Criminal Application No. 60/1978 by the learned trial Magistrate @ Rs. 125/- per month to the petitioner-wife and Rs. 43.75 paise per month to each of the applicant Nos. 2 to 5. The petitioners filed their application being Cri. Misc. Application No. 77/1985 under Section 127 of the Criminal Procedure Code for enhancement of the monthly maintenance allowance and the learned trial Magistrate vide his judgment and order dated 16-5-1986 increased the monthly maintenance and directed the respondent No. 1 to pay an amount of Rs. 150/-per month to the petitioner No. 1 and Rs. 75/- to each of the applicant Nos. 2 to 5, totalling to Rs. 300/-. That was not accepte...
Abdul Wahab Galadari Vs. Indian Express Newspaper (Bombay) Ltd. and Ot ...
Court: Mumbai
Decided on: Jun-14-1993
Reported in: AIR1994Bom69; 1994(1)BomCR41; (1993)95BOMLR648
1. In a suit for damages filed against the Publisher, Editor, Printer and Author of three articles published in the newspaper Indian Express alleged to be defamatory of the plaintiff, an application for an interim injunction, pending the determination of the suit, restraining the defendants, their servants and agents from writing, publishing or re-publishing or printing any article alleging that the plaintiff is a smuggler of arms to India or an agent of association of ISI (i.e. Pakistan's Inter-Service Intelligence) etc. and also requiring the defendants to publish apology and retracting the allegations made in the articles.2. It is necessary to advert to the facts in the background of the suit claim.3. The plaintiff who claims to be a citizen of United Arab Emirates (in short UAE) and carries on business as a developer of real estate and hotel at Dubai has caused this suit instituted through his Constituted Attorney Shri Amolsen Indrasen Navalkar, serving as Assistant Managing Clerk ...
Harinagar Sugar Mills Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jun-14-1993
Reported in: [1994]207ITR901(Bom)
U.T. Shah, J.1. The assessee is a company and is engaged in the sugar industry. The assessment year is 1974-75 and the relevant previous year ended on September 30, 1973. 2. The facts leading to the stage of the Tribunal could be gathered from paragraph 9 of the order of the Tribunal under reference which reads as under : 'The assessee is a limited company manufacturing sugar. In the past, closing stock was being valued at market rate. This year, however, it valued the closing stock after bifurcating the stock into levy sugar and free sugar. Under Government regulations, a part of the sugar produced by the assessee, as may be prescribed from time to time, has to be surrendered in levy, while the assessee is free to sell the balance in open market. Payment for sugar acquired as levy was Rs. 167 per bag, while the ruling rate for free sugar in the open market was Rs. 270 per bag. The cost price was worked out at Rs. 177.90 per bag. This year, the assessee noted that out of the stock of a...
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