Mumbai Court July 1994 Judgments
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Domingos Estevam V. Monteiro Vs. Comunidade of Santo Estevam and ors.
Court: Mumbai
Decided on: Jul-04-1994
Reported in: 1995(1)BomCR580
E.S. Da Silva, J1. This writ petition under Articles 226 and 227 of the Constitution raises an interesting question as to who, under Article 14 of the Agricultural Tenancy Act, inherits the tenancy.2. The petitioner claims to be the son of late Maria Angelica Silveira who expired on 10-11-1980. The petitioner had a sister by name Smt. Maria Vidhentia Monteiro who was murdered by her son, respondent No. 2 after about 8 or 10 days of the death of the petitioner's mother and now the said respondent No. 2 is undergoing life sentence. The respondent No. 3 is the brother-in-law of respondent No. 2, i.e. husband of Vidhentia's daughter and after the murder of his wife by respondent No. 2, the respondent No. 3 got married second time to one Mrs. Filomena Fernandes.It is the case of the petitioner that his late mother Maria Angelica was lawful tenant of the comunidade of St. Estevam (respondent No. 1) and till her death she was also a member of the Tenants Association in the village in respect ...
Oriental Machine Tools Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-01-1994
Reported in: (1995)LC170Tri(Mum.)bai
1. This is an appeal against the Order-in-Appeal No. 3717/87-BCH, dated 30-8-1987.2. The facts of the case are that the appellants, who are letter of authority holders on behalf of Sri Ram Filteration & Eng. Co. imported a consignment of Gear shape cutters and Hob cutters. They produced import licence which are valid for import of Appendix 3 items with Actual User condition. Such items which are necessary for the production of product manufactured by the Actual User are permitted import under the provisions of Para 31(2) of the Policy AM 84. However, the deptt. objected to their clearance on the ground that the goods are gear shape cutters and hob cutters and they are used on a specific type of machine and these are normally used by gear manufacturers. The line of manufacturers of the licence holder is wire netting, industrial fitters, sieves, etc. and hence these items are not needed for the manufacture of the final products manufactured by the licence holder and in that view, ad...
Smt. Mangala Pralhad Awad Vs. Pralhad Haribhau Awad
Court: Mumbai
Decided on: Jul-01-1994
Reported in: 1994CriLJ2643; I(1995)DMC281; 1994(2)MhLj1443
A.M. Bhattacharjee, C.J.1. The Family Court having disposed of the application under S. 125 of the Code of Criminal Procedure by its order dated 5th November, 1990 before the commencement of the Family Courts (Amendment) Act 1991 amending S. 19 of the Parent Act of 1984, the present appeal is maintainable. It is not, as it cannot be disputed that the right to appeal has been taken away only in respect of such orders as are passed by the Family Courts under S. 125 of the Code after the commencement of the Amendment Act of 1991 amending S. 19 and since then such orders can only be challenged in the revisional jurisdiction of this Court under S. 19(4) of the Act as it now stands. 2. The only question of law involved in this case is whether a woman married to a man during the subsistence of the latter's former marriage can successfully invoke the provisions of S. 125 of the Code of Criminal Procedure and maintain an application for maintenance. The parties are Hindus and the marriage in qu...
Joint Regional Dir., Employees' State Insurance Corporation Vs. Shri G ...
Court: Mumbai
Decided on: Jul-01-1994
Reported in: (1995)ILLJ189Bom
D.R. Dhanuka, J.1. This appeal involves consideration of an important question of law as to interpretation and application of Section 85(B) of Employee's State Insurance Act, 1948 as it stood prior to its amendment by Amending Act No. 29 of 1989. 2. The Employee's State Insurance Corporation has preferred this appeal against an order dated 30th June, 1979 passed by Employees' State Insurance Court. Pune, in application (ESI/ICP) No. 4 of 1979. By the impugned order, the trial Court declared that the Employees' State Insurance Corporation was not entitled to recover a sum of Rs. 905/- from M/s. Shri Ganesh Foundry Pvt. Ltd. as demanded by the impugned notice No. 33, 3721 dated 14th January, 1977. The relevant facts are briefly summarised hereinafter : 3. It is not in dispute that the Respondent in this Appeal i.e. Shri Ganesh Foundry Private Ltd., is covered by and under the provisions of the Employees' State Insurance Corporation Act, 1948. It is not in dispute that the respondent was ...
Mrs. Francisca Ana Marques Pereira E. Silveira and anr. Vs. Revenue Se ...
Court: Mumbai
Decided on: Jul-01-1994
Reported in: 1995(1)BomCR494
E.S. DA Silva, J.1. This writ petition under articles 226 and 227 of the Constitution of India is challenging the order of the Revenue secretary dated 21-7-1989 which has affirmed the order of the Mamlatdar of Tiswadi taluka dated 16-8-1988 whereby the learned Mamlatdar in exercise of the powers vested on him under sub-section (3)-A(c) of section 26 of the Goa, Daman and diu agricultural Tenancy Act, 1964 (hereinafter called 'the Act') declared the petitioners along with the respondent No. 3 as beneficiaries of the bund 'Sancorla', situated at Naroa. 2. The petitioners' case is that the respondent No. 3 is the owner of a paddy field known as owners in possession of a garden property coconut trees, mango trees, jackfruit trees and teak trees situated to the west of the said paddy field of respondent No.3 The said property which is known as 'Ambrem', Kharadi' and 'Ponta' is bearing survey Nos. 3/1 46/3 and 5/1. The paddy field 'sancorla' has a protective bund running marginal to the rive...
State of Maharashtra, Through P.S.O. Chandur Bazar Vs. Arun S/O. Fakir ...
Court: Mumbai
Decided on: Jul-01-1994
Reported in: 1995(4)BomCR398
V.S. Sirpurkar, J.1. These are the two applications under section 482 of the Criminal Procedure Code filed by the State of Maharashtra challenging the orders passed by the Judicial Magistrate, First Class, Achalpur. Since the nature of the order is common, both the applications are being disposed of by this common judgment.2. Two charge-sheets came to be filed before the trial Court alleging that the accused persons had committed offences under sections 17, 19 and 43 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971 (hereinafter referred to as 'the Act'). The allegations in both the cases are almost to the same effect suggesting that the accused persons had committed the offences of illegally transporting the cotton from Maharashtra to Madhya Pradesh in contravention of section 17 and 19 punishable under section 43 of the Act. It is a common ground in both the charge-sheets that the concerned cotton was seized in the State of Madhya Pradesh. When the charg...
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