Mumbai Court January 1994 Judgments
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State of Maharashtra and Etc. Vs. Laljit Tejshi Shah and Others, Etc.
Court: Mumbai
Decided on: Jan-13-1994
Reported in: 1994CriLJ1813; 1994(1)MhLj452
Ashok Agarwal, J.1. Being unable to see eye to eye with a view expressed by several learned single Judges of this Court namely Rele, J. in the case of 'Rama Niwrutti Shinde v. The State of Maharashtra' in Criminal Revn. Application No. 24 of 1980, Salve, J. in the case of 'Ramrao Patil v. Vasant Ahirrao' (Criminal Application No. 360 of 1987) and Tated, J. in the case of 'Pralhad Shamburao Newale v. State of Maharashtra' '1988 MLJ 161' (All Judges of this Court as they then were), another learned single Judge Chaudhari (a sitting Judge of this Court), in the present proceedings, has referred a question to a larger Bench, and that is how the present proceedings are taken up for hearing by us. 2. The present proceedings arise out of prosecutions filed against the respondents under various offences such as Sections 120-B, 409, 420, 467, 471 and 477-A of the Indian Penal Code, Section 7 and 9 of the Essential Commodities Act and Sections 5(1)(c) and 5(1)(d) read with Section 5(2) of the Pr...
Gnyandeo S/O Duraji Pirange Vs. Pandurang Jyoti Pirange
Court: Mumbai
Decided on: Jan-12-1994
Reported in: AIR1994Bom265; 1994(3)BomCR559; 1994(2)MhLj1174
ORDERKamat, J.1. The petition comes before us on a reference, under the following circumstances :2. The petitioner-Gnyandeo Pirange, being aggrieved by the order dated April 30, 1985, of the Maharashtra Revenue Tribunal, Aurangabad, dismissing the revision application under S. 99A of the Hyderabad Tenancy and Agricultural Lands Act, 1950, has approached this Court. The proceeding before the tenancy authorities arose out of the reference under S. 99A of the said Act as to whether the defendant (the present petitioner) proves that he is a tenant of the suit land on the strength of the lease-deed.3. The lease-deed is dated February 17, 1969. It is a written document between the defendant and the plaintiff in the civil suit. The petitioner-defendant started cultivation of the suit land on the strength of this written lease-deed and consequently his name is recorded to that effect in the record of rights with regard to the lands which are Survey Nos. 95/E and 97/E of village Manzari-Haveli ...
Meena (Kum.) D/O Suryabhan Bhandakkar Vs. S.D. Chacharkar and ors.
Court: Mumbai
Decided on: Jan-12-1994
Reported in: 1994CriLJ2647
B.U. Wahane, J.1. This is an application filed by the petitioner Ku. Meena Bhandakkar on 11/11/1992 for initiating the proceedings of contempt against the respondents under the Contempt of Courts Act, 1971 for wilful disobedience of the judgment and order passed by the learned School Tribunal, Nagpur, dated 8/7/1992 in appeal No. STN/9/1990. 2. The facts leading to the instant contempt petition are in brief as follows : The petitioner Ku. Meena was appointed as Assistant Teacher on 17th November, 1987 on probation for a period of two years by the respondent/contemnors No. 1 and 2. Her services were terminated vide order dt. 6/7/1989 with effect from 7/8/1989. The termination order was issued on the ground that there being reduction of sections and no approval was granted by the Education Officer to her appointment and therefore, her services were no more required. The petitioner Ku. Meena preferred an appeal vide appeal No. STN/9/90 before the School Tribunal, Nagpur. The learned Schoo...
Bharat K. Dattani Vs. Collector of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-11-1994
Reported in: (1994)(74)ELT921Tri(Mum.)bai
1. This Bench, in its interim Order No. 1223/93-WRB, dt 6-7-1993 directed the applicant to deposit Rs. 2,00,000/- as against the penalty of Rs. 10,00,000/- imposed on him vide Order-in-Original No.S/14-5-17/90 Pint dt. 26-9-1991 passed by the Collector of Customs (P) Bombay. This Misc. application seeks to modify the terms of the aforesaid interim order.2. Shri M.A. Wazifdar, the learned advocate, pleads that the financial position of the applicant has not been properly considered, while passing the interim order by this Bench. He is only a Development Officer, working in United India Insurance Co. for the past 13 years.He has no other source of income. The flat and the car purchased by him are on obtaining loan from the Company and they are mortgaged to the Company. His net income during the last 5 years would not make him financially viable for making the deposit ordered by this Bench. He is earning a monthly salary of Rs. 4,500/-. He was also under COFEPOSA for 9 months and his bro...
Municipal Corporation of City of Amravati Vs. Ashok Ramkrishna Kamble ...
Court: Mumbai
Decided on: Jan-11-1994
Reported in: (1998)IIILLJ212Bom; 1994(1)MhLj1004
V.S. Sirpurkar. J.1. Petitioner Municipal Corporation of the City of Amravati (hereinafter called the Corporation) has challenged in this petitioner, the orders passed by the Labour Court, Amravati dated 16.1.1993 and 25.5.1993. By this order firstly the Labour granted the relief of interim nature in favour of respondents 1, 3 and 4 and by the second order i.e. by the order dated 25.5.1993 it refused to reconsider the said order which reconsideration is sought to be challenged by the petitioner Corporation. 2. Respondents Nos. 1, 3 and 4 are the Engineering Graduates. Since respondent No. 2 has already left the job he is not concerned with the present controversy. An advertisement came to be punished inviting applications from the Diploma-holders or the Degree-holders for being appointed to the posts of Junior Engineers in the Corporation. 5 posts were to be filled in under the work charge establishment and it was clearly mentioned therein that as soon as the work under the tender is c...
Vasudev Anant Kulkarni Vs. Executive Engineer, M. S. E. B.
Court: Mumbai
Decided on: Jan-11-1994
Reported in: II(1994)ACC435; 1995ACJ97; (1995)ILLJ496Bom; 1994(1)MhLj960
A.D. Mane, J.1. A twin question of law is raised in this case, first of which relates to the scope and extent of Section 38-A of Bombay Shops and Establishments Act, 1948 (for short, the Bombay Act applies is entitled to claim compensation for a personal injury caused to him by accident arising out of and in the course of his employment from his employer, as workman under the provisions of Workman under the provisions of Workmen's Compensation Act, 1923. 2. The material facts which gave rise to this appeal are as follows : 'The appellant is in employment with the respondent Maharashtra State Electricity Board (for short, the Board) in a clerical cadre at Ahmednagar. On 18-10-1985 he was directed by the Assistant Engineer as well as by Senior Upper Division Clerk to collect ledger books in connection with agricultural electric motor pumps from the office of the Executive Engineer, Rural Division, Ahmednagar. Those ledger books were urgently required in the office of Sub-Division, Pathar...
Devkumar G. Aggarwal Vs. Collector of Customs (Prev.)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-10-1994
Reported in: (1994)(53)LC395Tri(Mum.)bai
1. Both the Appeals are directed against the Order-in-Original No.DRI/BZU/116/41/91 dt. 30.9.1992 followed by the Corrigendum bearing the same number dt. 5.5.1993 of the Collector of Customs (Prev.), Bombay, Ordering confiscation of 65 gold bars vide Section 111(d) of the Customs Act, 1962, and also imposing personal penalty of Rs. 1,25,00,000/- on Devkumar Aggarwal (hereinafter referred to as the Appellant) vide Section 112(a)(i) and 112(b)(i) of the said Act.1.2. The Order-in-Original dt. 30.9.1992 only mentioned imposition of personal penalty on the Appellant and did not specifically Order confiscation of 65 gold bars and hence the corrigendum dt. 5.5.1993 was issued whereunder absolute confiscation of the gold bars was Ordered.2.1. Pursuant to the intimation received from the Income Tax Authorities, to the effect that on their search on 20.2.1991, of a bungalow at Lonawala, owned/occupied by the Appellant, they had recovered 65 gold bars with markings of foreign origin, the office...
Mrs. Saroj Choudhury Vs. Municipal Corporation of Greater Bombay and A ...
Court: Mumbai
Decided on: Jan-10-1994
Reported in: AIR1994Bom223; 1994(4)BomCR212
ORDER1. By this writ petition, the petitioner has challenged the order of the Deputy Assessor and Collector (Octroi) of the Municipal Corporation of Greater Bombay ('Corporation' hereinafter) rejecting her claim for refund of octroi paid by her in respect of goods which were later re-exported from Bombay on the ground that the rate of octroi prescribed under item No. 8 of Schedule 'H' for the goods in question was 'Non-refudable'.2. The petitioner carries on business in the name and style of 'Sun Export Corpotat-ion'. Sometime in August 1989, the petitioner imported from USA a consignment of 880 bags of 'Almonds' which arrived at the Port of Bombay per the vessel 'Sea Vanigarc'. The goods were brought by the petitioner into the limits of Greater Bombay and at that time octroi at the prescribed rate was paid by the. petitioner to the Corporation which amounted to Rs. 47,856/-. Thereafter on or about 23rd August, 1989 the petitioner exported the said consignment of almonds from Bombay to...
Rajan Kinnerkar Vs. Eric Cordeiro and Another
Court: Mumbai
Decided on: Jan-07-1994
Reported in: 1994(3)BomCR634; [1994]80CompCas487(Bom)
Dr. E.S. Da Silva, J.1. This application is directed against the order of the learned J.M.F.C., Panaji, dated August 18, 1993, in Criminal Case No. N.C. 65 of 1993-B, whereby the learned Magistrate, after conducing the verification of the complaint in the aforesaid criminal case, issued process against the petitioner and others for offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). 2. The facts of the case are that the petitioner as one of the authorised signatories of the company, Goa Plast Pvt. Ltd., had signed four cheques favouring the respondent, all allegedly dated July 15, 1992, being three for the sum of Rs. 2,00,000 each bearing Nos. 245964, 245965 and 245966 and the fourth for an amount of Rs. 2,52,809.76 bearing No. 245967. All the cheques were drawn on the Goa Urban Co-operative Bank, Panaji. It is the case of respondent No. 1 that the petitioner was one of the persons in charge of the company and responsible jointly an...
Vishnoo Kamat Tarcar and Others Vs. First Income-tax Officer and Anoth ...
Court: Mumbai
Decided on: Jan-07-1994
Reported in: 1994(3)BomCR637; [1994]207ITR1040(Bom); 1994(1)MhLj771
Dr. E.S. Desilva, J. 1. The applicants have approached this court challenging the order of the learned J. M. F. C., Panaji, dated September 4, 1993, in N. C. Case No. 82 of 1988/C filed by respondent No. 1 against the applicants for offences under section 276CC of the Income-tax Act, 1961, whereby the learned Magistrate had dismissed the prayer made by the applicants that since the case relates to an alleged offence committed by them over ten years back in view of the enormous delay in filing the proceedings, the applicant should be discharged. 2. The facts which are relevant to dispose of this petition can be summarised thus : The applicants were supposed to submit income-tax returns in relation to the assessment year 1979-80 on or before July 31, 1979. However, the said returns were actually submitted by the applicants only on September 14, 1981. It is the applicants' case that criminal proceedings were lodged by the Income-tax Department on account of their delay in filing the retur...
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