Mumbai Court September 1993 Judgments
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Harivilas Madhavprasad Ruia Vs. Viraf Ardeshir Udwadia and Others
Court: Mumbai
Decided on: Sep-29-1993
Reported in: AIR1994Bom38; 1994(1)BomCR366; (1993)95BOMLR592; 1993(2)MhLj1435
1. By an order dated 27th February, 1992 the learned Judge of the Court of Small Causes, Bombay, made the notice partly absolute holding the petitioner guilty of flouting the order of injunction and also passed an order directing the petitioner to be detained in civil prison for a period of one month under the provisions of Order 39, Rule 2-A of the Code of Civil Procedure. 2. Being aggrieved by the said order the petitioner preferred an appeal being Appeal No. 180 of 1992 to the Appellate Bench of the Court of Small Causes, Bombay. The Appellate Bench by its judgment and order dated 4th August, 1993 held that the appeal was not maintainable and on that ground summarily dismissed the appeal. 3. The said order of dismissal of the ' appeal is impugned in this petition. 4. Shri Shah, learned Counsel appearing for the petitioner contended that under the substantive provisions of Section 104 of the Civil Procedure Code, an appeal is clearly maintainable and the Appellate Bench of the Court ...
Bhikaji S/O. Tukaram Darade Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-29-1993
Reported in: 1994(2)BomCR518
N.P. Chapalgaonker, J. 1. This is an application by the complainant in a Criminal Case challenging the order passed in appeal by the convicted person in which the order of the disposal of the property passed by the learned trial Judge was varied. Bhikaji s/o. Tukaram Darade - applicant had filed a report with the Police that electric motor pump owned by him and fixed in a well situated in Survey No. 26 at village Limbala, Taluka : Jintoor, was stolen. Police investigated the complaint and filed a charge-sheet against Nago, Sahebrao, Damodhar and Rama. The learned Judicial Magistrate, First Class, Jintoor, who tried this Criminal Case No. 37 of 1984 was pleased to convict accused No. 2 and sentenced him to suffer Simple Imprisonment till rising of the Court and to pay a fine of Rs. 2,000/-, in default, to suffer Rigorous Imprisonment for 60 days. Accused Nos. 1 and 3 were acquitted. The learned Magistrate was further pleased to order that the electric motor which was already handed over...
Kanta Maggo Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-28-1993
Reported in: (1994)(69)ELT556Tri(Mum.)bai
1. This appeal is directed against the Order-in-Original No.Air-Cus-Cus 49/M-II/6282/90 dated 31-10-1990 of the Additional Collector of Customs, Air Port, Bombay, ordering confiscation of gold bangles and gold chain, vide Section lll(d) of the Customs Act, and imposing personal penalty of Rs. 7,000/- vide Section lll(a) of the Act.2. The appeal was initially filed before the North Regional Bench of the Tribunal, taking benefit of CEGAT Public Notice No. 1 of 1987 dated 23-1-1987 and was registered as Appeal No. C/151/90-NRB. The same is however, vide Order No. Misc-lll/1991/WRB dated 19-3-1991, ordered to be transferred to this Bench. The Id. Advocate for the appellant has made a grievance that the appellant, a housewife, having permanent residence at Delhi, though satisfied on the requirement of the said public notice, and did make specific request for entertaining the appeal by the North Regional Bench, has been denied, for no ostensible reasons, the benefit thereunder, frustrating ...
Bhagwat Baburao Gaikwad and Another Vs. Baburao Bhaiyya Gaikwad and An ...
Court: Mumbai
Decided on: Sep-28-1993
Reported in: 1994(2)BomCR695; 1994CriLJ2393; II(1994)DMC195; 1994(1)MhLj202
ORDER1. This is a petition under section 482 of Code of Criminal Procedure, challenging the orders passed by the Third Additional Sessions Judge, Nagpur, in Criminal Revision Applications Nos. 1550/92, 1551/92 and one unregistered Criminal Revision Application dated 10-2-1993. The proceeding raises really a vitally important question of law which pertains to the right of recovery of maintenance allowance by a person who is entitled to maintenance allowance under the provisions of Section 125 of Code of Criminal Procedure, 1973 by attachment of the salary of the person who is subjected to order of payment of maintenance allowance. 2. Petitioners are the minor sons of respondent No. 1. In Misc. Criminal Application No. 139/98 filed by them under section 125 of the Code of Criminal Procedure, they had applied for maintenance allowance from their father, the respondent No. 1. The matter came to be decided on 20-6-1989. The respondent No. 1 had committed defaults in payment of the maintenan...
Western India Oil Distributing Co. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Sep-28-1993
Reported in: (1994)119CTR(Bom)296; [1994]206ITR359(Bom)
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 two questions of law to this court at the instance of the assessee for opinion : '(i) Whether, on the facts and in the circumstances of the case, the sum of Rs. 1,30,233 was rightly assessed as income of the assessee in the assessment year 1974-75 (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that interest amounting to Rs. 1,30,233 can be waived only in the previous year relevant business (sic) for the assessment year for the purpose of the business of the assessee, otherwise such interest is subject to tax ?' 2. The assessee is a company. It maintains its accounts on the mercantile system of accounting. The controversy pertains to the assessment year 1974-75, the corresponding pervious year being the accounting period ending on December 31, 1973. The assessee submitted its return of i...
Narsinggirji Mills Vs. Abdul Rashid Ladlesab Shaikh and ors.
Court: Mumbai
Decided on: Sep-28-1993
Reported in: (1994)IILLJ152Bom
V.P. Tipnis, J. 1. Rule.Shri S.G. Kudale, waives service on behalf of the 1st respondent. The respondent No. 2 and 3 are not necessary parties being the Members of the Labour Court and Industrial Court respectively.By consent of parties Rules heard forthwith. Heard both sides. Perused the orders impugned.2. By this petition the employer namely The Narsinggirji Mills has challenged the interim order passed by the Labour Court, Solapur directing the Mills to permit the dismissed employee to resume his duties by way of interim order pending the complaint of the employee against the alleged illegal dismissal.3. It appears that after holding departmental inquiry the respondent No. 1 was dismissed from the post of junior clerk in the Rationing Department by an order dated August 10, 1992. The dismissed employee filed a complaint before the Labour Court. He also filed an application for injunction under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labo...
Collector of C. Ex. Vs. Oswal Petrochemicals Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-27-1993
Reported in: (1994)(69)ELT497Tri(Mum.)bai
1. This is an appeal filed by the Collector on the directions of the Board [vide F. No. 199/262/92-Jud. Cell (BMB) Order No. 47/R-93 dated 15-3-1993] against the Order in original No. 30/92 dated 8-4-1992 passed by the Collector of Central Excise, Bombay II.2. Though this appeal canvasses certain points, which call for determination of value and classification and hence normally would call for consideration by the Special Bench, Shri Mondal, the Id. S.D.R.pleads that as per instructions, he only pleads for a remand of the case on certain specific short grounds, which would establish that the Collector has not been fair to the Department and has passed the impugned order, without considering the evidences placed before him and bringing in certain suspect documents, without giving any opportunity to the investigation (department) to enquire into these documents before they are taken on record and they were acted upon for drawing conclusions adverse to the department. He assured that he ...
Ratnakar Tanbaji Itankar Vs. Union of India
Court: Mumbai
Decided on: Sep-27-1993
Reported in: 1994ACJ762; AIR1994Bom132; 1994(4)BomCR12
ORDERH. W. Dhabe, J. 1. This is appeal against the judgment of the Railway Claims Tribunal in Appeal No. 16/E/RCT/NGP/92 decided on 16-3-1992 by which the Railway Claims Tribunal, Nagpur Bench, Nagpur (for short, 'The Claims Tribunal') has held that it has no jurisdiction to entertain the application preferred by the appellant in regard to the claim made by him before it.2. Briefly, the facts are that the appellant is the husband of the deceased Shakuntalabai who was travelling from Wardha to Shegaon on 3-4-1990 by 7384 UP Maharashtra Express along with the appellant and the other relations. According to the appellant, when the train reached Badnera, the Railway Conductor insisted that Shakuntalabai and her companion passengers should leave the bogie in which they were sitting and should sit in some other bogie. They were thus required to leave the said bogie and hurriedly enter another bogie in which there was a great rush. After they had entered another bogie just at the time when th...
Commissioner of Income-tax Vs. Radomir Dzelatovic
Court: Mumbai
Decided on: Sep-27-1993
Reported in: [1994]206ITR320(Bom)
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 at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee, a foreign technician, was entitled to the relief under section 10(6)(viia)(I)(B) for the assessment year 1975-76 ?'2. The controversy in this case is in a narrow compass. The assessee is a foreign technician. He came to India in February, 1972, to work with Ivan Milutinovic PIM (hereinafter referred to as 'the company'). The said company carried on the business of construction of ports and harbours, dredging and reclamation and marine construction. The head office of the said company was situated in Yugoslavia with a branch in India. The assessee is an experienced technician with practical knowledge of electrical installation. The probable duration of hi...
Gangabai W/O Bala Kada by Jer Jeors and Legal Representative Vs. Jagan ...
Court: Mumbai
Decided on: Sep-27-1993
Reported in: 1994(3)BomCR321
V.A. Mohta, J.1. Gangabai Kadam, an aged widow (since deceased) filed a civil suit in the year 1976 for (i) a declaration of title to half portion of the house property where she was residing and three acres of agricultural land which was in her cultivating possession and (ii) permanent injunction restraining the defendants from interfering with her possession.The suit was decreed by the trial Court and dismissed by the Appellate Court. Hence this Second Appeal, by her legal heirs.2. The following facts are either duly established or are undisputed. Gangabai was a widow of Bala who died on 18-4-1924 leaving behind Gangabai, Gunabai, wife of a pre-deceased son Shripat and adopted son Parashram. Parashram died in 1962 leaving behind two widows and two sons (the defendants). Parashram had filed a civil suit, being Regular Civil Suit No. 912 of 1928, against Gangabai and Gunabai for a declaration that he was a validly adopted son of Bala The said suit was decreed on 11-3-1929 in which pre-...
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