Mumbai Court February 1994 Judgments
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Ramratan Punamchand Upadhyay Vs. Manohar Nilkanth Mahajan and ors.
Court: Mumbai
Decided on: Feb-16-1994
Reported in: 1995(4)BomCR626
V.S. Sirpurkar, J.1. A tenant questions the order passed under the provisions of Clause 28 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order' for the sake of brevity). By the instant order the Rent Controller has restored the respondent in the shop, which is the disputed premises.2. First the factual panorama for understanding the controversy in the petition. The respondent Nilkanth Krishnaji Mahajan claims to be the landlord, while the petitioner claims to be a tenant. Admittedly the present petitioner and the respondent have been operating from a small 6' x 6' shop wherein the respondent was working as a petition writer, while the petitioner was working as a stamp vendor. Though the avocations of both were supplementary to each other, both were not complimentary to each other in the sense that the relations between the two were probably strained. It was, therefore, that the present respondent claiming to be the la...
Atulkamar Natwarlal Kadakia Vs. Jyoti Atulkumar Kadakia
Court: Mumbai
Decided on: Feb-16-1994
Reported in: 1994(4)BomCR219
M.F. Saldanha, J.1. Modern day jurisprudence advocates a benevolent approach in relation to the disposal of matrimonial litigation. This is further reinforced by the fact that a separate forum, namely, the Family Court, has been set up for the expeditious disposal of these proceedings. The first requirement in such situations is that the traditional approach of lengthy and legalistic pleadings requires to be curtailed, and secondly, that the Family Court itself must follow a more easy, relaxed and forthright procedure in the conduct of the proceedings. The object of setting up of a special forum was not in order to add to the number of courts, but in order to provide for a separate machinery where only this class of litigation would be taken up and quickly concluded. Working experience has unfortunately demonstrated that even though the Legislature intended that the parties themselves with the assistance of marriage counsellors and the Presiding Judge should arrive at quick conclusions...
Carew Phipson Limited Vs. Deejay Distilleries Pvt. Limited
Court: Mumbai
Decided on: Feb-15-1994
Reported in: AIR1994Bom231; 1994(3)BomCR495; (1994)96BOMLR749; 1994(2)MhLj1617
ORDER1. In an action for passing off and for infringement of copyright, the plaintiffs have filed the present Notice of Motion for interim reliefs. Briefly, the facts giving rise to the controversy are as follows:-- 2. The plaintiffs are manufacturers of and distribute spirituous liquors such as gin, whisky, brandy and other liquor and alcoholic preparations. The defendants are also manufacturers of and blenders and bottlers of and market Gin and other liquor and alcoholic preparations. The plaintiffs claim that they were the first in the field to come out with the concept and idea to manufacture an alcoholic preparation being a premature of gin and lime. The plaintiffs then got prepared an original artistic work with the intention of it being applied to the bottle label for the said preparation. The trade mark which was given to this preparation was the word 'Duet' as also the trade mark 'Gin N Lime'. The plaintiffs also filed application for registration of their trade mark 'Duet Gin...
Collector of Central Excise Vs. Colour Chem Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-14-1994
Reported in: (1994)LC240Tri(Mum.)bai
1. This is an appeal from the Revenue against the order in Appeal No.PCJ11l/B-III/93, dated 22-1-1993, allowing the appeal of the respondents by setting aside the order in original No. VCH 32(18-45)90/3183, dated 30-6-1992 rejecting 10 refund claims of the respondents. The prayer in the appeal from the Revenue is to restore the order in original passed by the Asstt. Collector.2. Facts in common relating to all the 10 refund claims can be stated as below : 2.1 The respondents filed 10 refund claims under the provisions of Rule 173L of the Central Excise Rules in respect of the duty paid on goods returned by the customers, which were received in their factory, after verification on the basis of D-3 declarations filed.2.2 There is no dispute that the returned goods were taken into form V account and they were stated to be removed with remarks 'blending'. All the same, the materials, obtained after blending are indicated as having been cleared on payment of duty again. (i) Show cause noti...
Adil K. Patel Vs. Tata Iron and Steel Company Ltd. and Others
Court: Mumbai
Decided on: Feb-14-1994
Reported in: 1995(1)BomCR441; (1997)IIILLJ164Bom; 1995(1)MhLj574
1. The question that arises for consideration in this writ petition is whether an employer can ask his employee to forego his employment with it and accept the offer of employment with some other employer and on his refusal to do so, terminate his service. The petitioner was in the employment of Tata Iron And Steel Company Ltd., Respondent No. 1 herein. He was retrenched from service with effect from March 10, 1986. Aggrieved by the order of retrenchment, the petitioner filed a complaint of unfair labour practice against the respondent before the Labour Court which was rejected. The petitioner has challenged the above order by this writ petition. 2. The material of the case, briefly stated, are as follows : The petitioner is a qualified Accountant holding a B. Com degree. He had also passed Intermediate examination of the Institute of Chartered Accountants. On May 15, 1979, the petitioner received an interview call for the post of Accounts Assistant in the Accounts Department of M/s. T...
Kantilal Pitamberdas Vora and ors. Vs. the State of Maharashtra and or ...
Court: Mumbai
Decided on: Feb-14-1994
Reported in: 1994(2)BomCR421
B.P. Saraf, J.1. By this writ petition the petitioners have challenged the notice dated 14th September, 1987 under section 41(1) of the Maharashtra Housing and Area Development Act, 1976 ('the Act') issued by the Deputy Secretary to the Government of Maharashtra, Housing and Special Assistance Department.2. Learned Counsel for the respondents submits that the controversy raised in this case is fully covered by the decision of this Court in Writ Petition No. 2078 of 1990 dated 11th August, 1993 wherein the very same notice was challenged by another party in respect of one of the properties specified therein.3. Learned Counsel for the petitioners does not agree with the above submissions and contends that in the above case, this Court was not concerned with the issues raised in the present case and, as such, the ratio of the decision in that case cannot apply to the present case. In support of this contention, reliance is placed on the decision of the Supreme Court in M/s. Goodyear India...
State Bank of Saurashtra Vs. Hirachand Lala Solanki, Narendrakumar Rat ...
Court: Mumbai
Decided on: Feb-11-1994
Reported in: [1994]80CompCas303(Bom)
G.D. Kamat, J.1. All these civil revision applications can be conveniently disposed of by a common judgment as they arise out of identical orders in identical situations. 2. The petitioners are a body corporate constituted under the State Bank (Amalgamation) Ordinance, 1950, and instituted suits against the respondents for recovery of loans granted against hypothecation of fishing boats, etc. Upon non-recovery of the loan amounts, 10 suits were instituted before the court of the Civil Judge, Senior Division, Panaji. Before trial commenced an application dated April 2, 1987, was instituted in each and every suit seeking leave of the court to produce six documents which were not listed in the list of documents annexed to the plaint. It was contended in the application that when the then manager came with documents prior to the suit for making the proof of evidence, it was realised that several important documents had not been listed in the list annexed to the plaint and which were otherw...
Annoo Shetty Vs. Smt. Aishabai Hamid Khan
Court: Mumbai
Decided on: Feb-11-1994
Reported in: 1995(1)BomCR384
B.P. Saraf, J.1. The petitioner is the defendant in a suit pending in the Small Causes Court at Bombay. He is aggrieved by the judgment and order of the Judge, Small Causes Court, Bombay dated 10 October, 1991 rejecting his application under Order 6, Rule 17 of the Code of Civil Procedure (C.P.C.) for amendment of his written statement.2. A suit was filed by the respondent (original plaintiff) in the Small Causes Court at Bombay against the petitioner for his eviction from certain premises (suit premises) and arrears of compensation. Written statement was filed by the petitioner on 29 February, 1980. On the basis of the pleadings of the parties, issues were framed by the Court on 1 July, 1989. In March, 1990, the petitioner filed an application for amendment of his written statement. It was contended that the amendment was necessitated because of change of circumstances subsequent to the filing of the written statement on 29 February, 1980. The case of the petitioner was that during th...
Dhirubhai N. Sheth Vs. Collector of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-10-1994
Reported in: (1995)(75)ELT697Tri(Mum.)bai
1. This is an appeal directed against the order-in-appeal No.S/49-52/93 TS, dated 16-8-1993.2. The facts of the case are that acting on information received by the officers of Marine and Preventive Wing of the Customs (Preventive) Collec-torate, Bombay to the effect that three consignments imported in the names of buffer companies and were heavily under-invoiced, they took up the investigation. During the course of investigation, statement of Shri Kishore Bhagat, operating on the Custom House Agents licence of M/s. Sunil Shipping Agency, was recorded and it was revealed that in respect of a consignment of 64 cartons of webbing strips imported in the name of Western Sales Corporation, the documents were received by him from one Shri Parasmal Shah and the documents pertained to the consignment were taken over by him. Shri Parasmal Shah in his statement indicated that he handed over the import documents to Shri Kishore Bhagat to file Bill of Entry and these documents were received by him...
Prabodhan Prakashan Vs. Assistant Director of Income-tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-10-1994
Reported in: (1994)50ITD135(Mum.)
1. This is an appeal filed by the assessee against an order of the CIT(A) holding that the assessee is not entitled to exemption of income under Sections 11 and 12. of the Income-tax Act, 1961.2. The assessee is a trust and the deed was drawn up on 20-10-1988.There are 18 objects enumerated in the trust deed but the main object relevant for our purpose is object No. (iv), which is reproduced below: (iv) Promotion and propagation of ideologies, opinions and ideas for furtherance of national interest and for this publishing of books, annuals, magazines, weeklies, dailies and other periodicals as also establishing and running printing presses for the same.3. According to the assessee, a daily newspaper "SAAMANA" was brought out for promotion and propagation of ideologies and opinions of national interest, as per a resolution passed on 20-10-1988 at the meeting of the Board of Trustees, an extract from which is reproduced below: RESOLVED that in order to achieve the objects of the Trust, ...
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