Mumbai Court January 1994 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.
Shantilal Dayalji Girdhar Vs. Bachhubhai Mohanlal Shah
Court: Mumbai
Decided on: Jan-19-1994
Reported in: 1994(3)BomCR394
M.S. Rane, J.1. None present on behalf of the respondent. Affidavit of service is filed.2. The petition herein has been filed seeking order for the removal of the respondent as an Executor of the estate of late Smt. Manibai widow of Tribhuvandas Girdhar Thakkar and for mandatory order of injunction restraining the respondent from representating himself as an Executor of the estate of the deceased.3. Few relevant facts ;The petitioner is a nephew of Smt. Manibai Tribhuvandas Girdhar Thakkar who died at Bombay on 7th July 1982, and who had left her last will being dated 21st November 1981 appointed the petitioner and the respondent as the executors thereof. It may be stated that the respondent is a practicing Advocate.4. The petition being No. 842 of 1992 was filed by the petitioner and respondent as executors for the grant of probate of the last will of the said deceased and by order dated 12th January 1988 the Court granted the Probate in favour of the petitioner and the respondent.5. ...
Poonvasi and ors. Vs. Crown Silk Weaving Industries and ors.
Court: Mumbai
Decided on: Jan-17-1994
Reported in: 1994(1)MhLj847
Dr. B.P. Saraf, J.1. The writ petition has been filed by the twelve workmen whose services came to an end as a result of closure of the establishment of the respondent No. 1, Crown Silk Weaving Industries. The petitioners and some other workmen had filed an application before the Labour Court challenging the closure of their services and claiming reinstatement in service with full back wages and continuity of service. The Labour Court held the discontinuance of service of the petitioners as illegal and directed the employer to pay each of the twelve workmen token back wages at the rate of Rs. 200/- per month from 15 January, 1980 till the date of order of the Labour Court i.e., 17 April, 1985. It also directed the employer to give the said workmen continuity in service from 15 January 1980 till the date of the above order for the purpose of computing all benefits arising under the service rules like gratuity, retrenchment compensation, leave wages etc. The employer was also directed to...
Mahadeo Sakharam Sasane Vs. Tata Mills Limited and ors.
Court: Mumbai
Decided on: Jan-17-1994
Reported in: 1994(3)BomCR21; [1994(68)FLR795]
B.P. Saraf, J.1. The petitioner, Mahadeo Sakharam Sasane, was in permanent employment of the respondent No. 1. His services came to be terminated by order dated 29th November, 1978 for alleged theft of 3/4 meter of cloth worth about Rs. 5/-. The petitioner approached the Labour Court under section 79 read with section 78 and 42(4) of the Bombay Industrial Relations Act, 1946 ('B.I.R Act'). The Labour Court held the dismissal to be illegal and directed respondent No. 1 to reinstate the petitioner without back wages but with continuity of service for the purpose of gratuity and pension. The petitioner was aggrieved by the denial of back wages. He, therefore, appealed to the Industrial Court, Maharashtra, Bombay. The appeal was dismissed by the Industrial Court by order dated 7th October, 1987 (Exhibit 'C' to the petition). The petitioner has challenged the order of the Industrial Court before this Court by the present writ petition.2. The petitioner contends that under the facts and circ...
Shujaat Z. Dalal and anr. Vs. Muktabai Vitthal Lohar and ors.
Court: Mumbai
Decided on: Jan-17-1994
Reported in: 1995ACJ865
D.R. Dhanuka, J.1. By an order dated 3.12.1992, the Motor Accidents Claims Tribunal, Satara, has directed opponent Nos. 2 and 3 in Motor Accidents Claims Petition No. 300 of 1992 to pay a sum of Rs. 25,000/- to the claimants towards 'no fault liability' within six weeks from the date of the said order. By the said order it was further provided that in default, the amount shall carry interest at the rate of 12 per cent per annum.2. Shujaat Z. Dalai and New India Assurance Co. Ltd. (original opponent Nos. 2 and 3) have filed this First Appeal against the above order directing payment of compensation on account of 'no fault liability' as contemplated under Section 140 of the Motor Vehicles Act, 1988.3. At all material times, the appellant No. 1 was the registered owner of the suit motor vehicle, i.e., Bajaj Chetak scooter No. MH 01/C 7485. The appellant No. 2 had issued an insurance policy in respect of the said vehicle covering, inter alia, the third party risk. It is alleged that on 30....
Oyster Investment and Finance Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-14-1994
Reported in: (1994)51ITD30(Mum.)
1. This appeal arises out of the order dated 1-10-1991 passed by Commissioner (Appeals) (P. Misra) and raises the following ground: On the facts and circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in making addition of Rs. 2,24,868 as interest income accrued on the date when the company changed its method of accounting and shifted to mercantile system from cash system for recognising revenue.2. The relevant facts and the basis on which the Assessing Officer made the addition are stated in the following portion of the assessment order as under : On going through the notes to account attached with profit and loss account, it has been noticed that company has included interest of Rs. 2,24,868 into interest suspense account on liability side of the Balance Sheet. It has been explained in the notes that Rs. 2,24,868 is estimated to be the balance amount of interest receivable on accrual basis in respect of the earlier financial years ended up to...
Mansharam Mirchumal Sangtani and Others Vs. Dhule Nagar Palika (Munici ...
Court: Mumbai
Decided on: Jan-14-1994
Reported in: AIR1994Bom189; (1994)96BOMLR720; 1994(1)MhLj806
ORDER1. All these 73 writ petitions are directed against the common judgment and order of the IIIrd Additional District Judge, Dhule, dated 27th August, 1990, setting aside the order, dated 7, March, 1987, passed by the trial Court Judge, granting temporary injunction in favour of the petitioners.2. The facts of the case, briefly stated are as under:All the 73 Writ Petitioners are possessing tenements belonging to the Municipal Council, Dhule. These tenements are used for carrying on petty business. According to the petitioners, they are in possession of these tenements and are carrying on the business there for the last 20 years. The petitioners also contend that they have got licence from the Municipal Council, Dhule under the shops and Establishments Act for carrying on their business in the tenements in question. It is also submitted that they are paying taxes to the Muncipal Council from time to time. The Petitioners had also obtained loans from banks for their business. On 1st Ma...
Bosco Lourence Fernandes and Others Vs. State
Court: Mumbai
Decided on: Jan-14-1994
Reported in: 1995CriLJ2007
1. This revision is directed against the judgment of the learned Sessions Judge, Margao, dated 26th May, 1993 affirming the conviction imposed on the petitioners by the learned J.M.F.C., Margao, vide judgment and order dated 15-4-92 whereby they were convicted for offences under Sections 324 and 323 read with Section 34 of I.P.C., and each of them cumulatively sentenced to undergo six months simple imprisonment and to pay a fine of Rs. 1,500/- or in default to undergo one month simple imprisonment. This judgment was challenged by the petitioners before the learned Sessions Judge in appeal which was partly allowed and the learned Sessions Judge while upholding the petitioners' conviction however modified the sentence in respect of petitioners Nos. 1 and 2 to the extent that the sentence awarded to them was reduced from six months simple imprisonment and fine to the payment of fine only, while the sentence of the petitioner No. 1 was confirmed to toto. 2. The prosecution case was that on...
Abdul Hamid Haji Mohammed Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-14-1994
Reported in: 1995(2)ALT(Cri)11; 1994(4)BomCR51; (1994)96BOMLR239; 1994CriLJ1447
Ashok Agarwal, J.1. The petitioner in this case is one Abdul Hamid Haji Mohammed @ Hamid Chuva. He has preferred the present Writ Petition invoking the extra ordinary jurisdiction of the High Court under Article 226 of the Constitution of India inter alia praying for quashing the proceedings initiated against him under Terrorist and Disruptive Activities (Prevention) Act (28 of 1987) (hereinafter referred to as 'the TADA Act'), on the ground that the provisions of the said Act are not applicable to the fact which are alleged against him. He has also prayed for grant of bail. On the night between 17/18th April, 1993 three persons, which included the petitioner, came to be arrested. The other two who were arrested were Mohamed Hussein Umer Merchant and Mohamed Farooq Mohamed Yusuf Batki. It was found that the three accused were connected with the property known as Picnic Guest House in Juhu. The accused Mohamed Hussein Umer Merchant is the owner of the said property. Apart from him one I...
Mohamadkhan Navobkhan Pathan Vs. Collr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1994
Reported in: (1994)(71)ELT826Tri(Mum.)bai
1. Both the appeals are against the same order in original Mo. 86/Addl.Collr./1984 (F. No. VHt/10-33/Add. Collr./83) dated 17-1-1985.2. The facts required for disposal of the appeals in so far as the two appellants are concerned can be briefly stated as below : Acting on information, the Police Authorities of Morvi apprehended one truck No. GRW 1130 on 1-11-1983 on National Highway Road at Morvi. Two persons got down from the said truck and disappeared. However, the Police authorities have apprehended the driver of the truck Shri Gul Mohmed Mithakhan Notiar. On search of the truck by the Police officers, the truck was found to have been loaded with the 250 drums of poultry drugs additives consigned by M/s. M.J. International of Gandhidham to M/s. M.J. International, Bombay under receipt No. 2899 dated 31.10.1983 issued by New Gori Transport Co., Gandhidham. Underneath these drums, they also found 30 packages wrapped in gunny covers which contained 60 VCRs made in Japan valued at Rs. 1...
Fakira Ramdas Chaudhary Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-13-1994
Reported in: 1994CriLJ1805
Ashok Agarwal, J.1. This is an application for bail pending the hearing and final disposal of an appeal filed by the State seeking to impugn an order of acquittal passed for offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. At the trial five accused were prosecuted and by judgment and order passed on the 8th of April, 1993 the learned Additional Sessions Judge, Malgaon acquitted all the accused. Being aggrieved by the aforesaid order of acquittal, the State has preferred the instant appeal. By an order passed on the 4th of October, 1993 the aforesaid appeal was admitted and action under S. 390 of the Code of Criminal Procedure as ordered. Accordingly, warrants of arrest of the accused were issued and accused No. 5 was taken in custody by the trial Court. The accused No. 5, thereafter, preferred an application for bail. By an order passed on the 17th of December, 1993 the learned Additional Sessions Judge was pleased to reject the appli...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- Next ›
- Last »