Mumbai Court July 1994 Judgments

Rauji Murarao Rane Vs. Kum. Sushile V. Hirve

Court: Mumbai

Reported in: II(1995)ACC51

G.D. Kamat, J.1. This appeal challenges the Award dated 31st March, 1989, made in Claim Petition No. 10/86. The Claim Petition was instituted by Sushila U. Hirve, present respondent No. 1, who was a young girl anywhere about seven years old at the time of the accident.The story of the accident is that on 28th October, 1985,shegotoutoftheschoolatabout 18 hours and came in the open and while waiting for her brother to come out from the school, a truck bearing registration No. MWV 8577 driven and owned by the appellant came in a reverse and collided against her, as a result of which Sushila suffered injury to her left leg.2. The Tribunal based on the evidence led, came to a clear-cut finding that the appellant was negligent while reversing his truck and, as a result of which, Sushila suffered fracture injury to the ankle of her left foot. Upon consideration that Sushila was required to be hospitalised for surgical intervention etc. be way of compensation, a sum of Rs. 60,000/- was awarded...

The Communist Party of India (Marxist), Maharashtra Unit and Another V ...

Court: Mumbai

Reported in: AIR1995Bom136

ORDERDr. B. P. Saraf, J.1. Writ petitioner, the Communist Party of India (Marxist), is a political party recognised by the Election Commission under S. 29A of the Representation of the People Act, 1951 as an All India Political Party. Sometimes in March, 1993, the petitioner noticed that various postal articles received by it were opened on both ends and tied with a string and that delivery thereof was unduly delayed. The petitioner suspected interception of its mail and made a complaint to the Post Master, Delisle Road Post Office at Delisle Road, Bombay 400 013 by letter dated 18-3-1993. In the said letter,the petitioner gave specific instances of delayed delivery of postal articles and complained that the postal articles received by it were found to have been opened on both ends and tied with a string. It was alleged that its mail was being tampered with by the postal authorities. The Post Master concerned was asked to see that no such things happen in future. Having received no rep...

National Rayon Corporation Ltd. Vs. E.S.i. Corporation and Others

Court: Mumbai

Reported in: (1997)IIILLJ515Bom

1. The National Rayon Corporation Ltd. has preferred this appeal against Order, dated January 9, 1980 passed by Employees Insurance Court, Bombay in Application No. 61 of 1973. By the impugned order, the Corporation was directed to recover the employer's special contribution and employees' contribution on the amount of Rs. 33,34,102.43 for the period between January, 1970 and December, 1970 with interest at the rate of six per cent per annum from the date on which the said amount became payable. By the said order, the employer company was also directed to pay cost of Rs. 250 to the Corporation of the proceeding. 2. The appellant carries on business of manufacturing and selling Rayon threads. The appellant employed more than 6000 workers in its factory. The appellant employed about 40 to 41 contractors for carrying out various categories of work for the appellant on the premises of the factory. The said contractors employed various employees. The nature of contracts differed. 3. Sometim...

Yeshwant Pahuji Khandwi Vs. State of Maharashtra

Court: Mumbai

Reported in: 1995(1)BomCR565; 1994CriLJ3647; 1994(2)MhLj1652

1. The appellant aggrieved by the order dated 12-10-1987 passed by the Special Judge, under the Essential Commodities Act Nasik, in E.C. Criminal Case No. 3 of 1985 convicting and sentencing him to suffer 3 months R.I. under section 3 read with Section 7 of the Essential Commodities Act, 1955 has come up in appeal before me. 2. The prosecution case in brief is that on 31-1-1985 at about 2.00 p.m. in the village Ghagbari, Taluka Surgana, the appellant was found selling kerosene oil and had no licence for its sale. This information was conveyed to P.S.I. to Dinkar Chavan who thereafter arranged a raid on the shop of the appellant in the presence of panchas and police patil Suryaji Gaikwad. In that raid 30 litres of kerosene oil was recovered. 3. Thereafter at Police Station Surgana F.I.R. under section 3 read with Section 7 of the Essential Commodities Act was lodged against the appellant for having contravened the Maharashtra Kerosene Dealers' Licensing Orders, 1966. 4. After the usual ...

The State of Maharashtra Vs. Subhashsing S/O Shalikramsingh Raghuwansh ...

Court: Mumbai

Reported in: 1996(1)BomCR102

V.S. Sirpurkar, J.1. In this un-usual revision at the instance of State Government, order passed by the Additional Sessions Judge, Amravati, releasing the accused and cancelling his bail bonds, vide his judgment of acquittal is in challenge to a limited extent. The following facts will highlight the grievance of the State.2. The accused was tried for offence under section 302 I.P.C. for committing murder of his son Sachin, who was about 10 to 12 years of age. The accused raised defence under section 84 I.P.C. in the sense that he feigned ignorance about the act done but pleaded that he was lunatic at the time when the act was committed and he was incapable of knowing anything. In fact, he did not even know that he really had killed his son. The accused was tried. The accused was not found to be lunatic at the time when trial went on. Therefore, there was no question of proceeding under section 329 and 330 Cr. P.C. The learned Additional Sessions Judge recorded finding that it was prove...

Dr. Deepak S/O Vijay Herlekar Vs. Nagpur University, Nagpur Through It ...

Court: Mumbai

Reported in: 1996(1)BomCR628

H.W. Dhabe, J.1. The petitioner claims in this writ petition that since he has done the house job of six months in General Surgery prior to seeking registration in the Post-Graduate degree course in Orthopaedics, his period of study should be reduced by six months according to the relevant Rules of the respondent University.2. The petitioner was granted registration in M.S. Orthopaedics in July/August, 1992. The instant writ petition is preferred on 7-6-1994 after making representation to the University that the period of study of the petitioner should be reduced by six months, since he has done one house job in General Surgery. According to the petitioner, his application/representation to the respondent University is recommended by the respondent No. 3 i.e. Dean, Government Medical College, Nagpur.3. The question whether the period of study of the petitioner should be reduced by six months has to be considered in the light of the provisions of Ordinance No. 57 passed by the Nagpur Un...

Dnyandeo Ranganath Aaher Vs. the State of Maharashtra

Court: Mumbai

Reported in: 1995(2)BomCR331

A.D. Mane, J. 1. This is an appeal filed by the accused challenging the judgment and order passed by the learned Special Judge, Ahmednagar, convicting him under section 161 of Indian Penal Code and also under sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 (for short, the Act) amd sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- in default, further to suffer rigorous imprisonment for six months as a substantive sentences.2. The main accusation levelled against the accused has been founded on the following allegation. The complainant - Gopinath, as a representative of his family members, obtained an extract of record of rights of the land bearing Gut Nos. 101, 104, 111 and 251 of village Kanoli, Tq. Sangamner, District Ahmednagar on 9-7-1988. He found that bogus names of five persons were shown in other rights column in record of rights in respect of the said lands. He, therefore, requested the accused, who at the relev...

Bhupal Kallapa Sangave and anr. Vs. the State of Maharashtra

Court: Mumbai

Reported in: 1994(4)BomCR579

Vishnu Sahai, J.1. Vide order dated 27-12-1987 the learned Additional Sessions Judge, Sangli, in Sessions Case No. 48/1985 convicted the appellant No. 2 Ragunath Shripati Kolekar under section 307 I.P.C. and appellant No. 1 Bhupal Kallapa Sangave under section 307 read with 34 I.P.C. and sentenced each one of them to undergo 3 years' rigorous imprisonment and to pay a fine of Rs. 3000/- and in default to further undergo 6 months rigorous imprisonment. In addition to appellant No. 2 was convicted and sentenced to 1 year R.I. under section 27 Arms Act. Along with the appellants 7 other persons, namely, Jinnapa Goura Kamble, Madhu Mortyappa Tambgoli, Nomgonda Malgonda Patil, Rama Krishna Naikavade, Prabhakar Biraji Kamble, Shivyogi Tippanna Birajaar and Saning Bharnappa Pujari were also tried but they have been acquitted by the aforesaid order.2. According to the prosecution on 31-1-1985 at about 8.30 p.m. the appellants along with 7 acquitted accused persons participated in a incident in...

Abdul Samad Bara Vs. Collector of Customs (P)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1995)LC135Tri(Mum.)bai

VIII(B)10(73)CUS/85/2546, dated 5-11-1985 of the Additional Collector of Customs (Prev.), Bombay, ordering confiscation vide Section 121 of the Customs Act, of the Indian currency amounting to Rs. 5,50,000/- and imposing personal penalty of Rs. 50,000/- on the appellant, vide Section 112 of the Customs Act.2. Acting on the information received, the officers of the preventive section apprehended the appellant on 20-3-1985, at a fruit stall in the Phule market, while he was packing Indian currency amounting to Rs. 5,50,000/- and foreign currency equivalent to Rs. 2,970/- by wrapping them in paper packing and putting them in the basket. On enquiry the appellant stated that he had collected the same from an unknown person at some place near Jama Masjid, at the instance of one Arif Bhai, who had told him that the said amounts were the sale proceeds of smuggled wrist watches. The said currency was therefore, seized under a reasonable belief as liable to confiscation under the Customs Act.2....

income-tax Officer, C-ward Vs. Bhoir Dredging Co. Pvt. Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This is a Revenue's appeal against the order of the Commissioner of Income-tax (Appeals), Pune, dated December 29, 1987, on three grounds.All the grounds raised in this appeal relate to the only one issue against the Commissioner of Income-tax (Appeals') direction to the Income-tax Officer to allow investment allowance on a dredger.2. We have heard the learned Departmental Representative, Shri Prashant Gupta, and learned counsel for the assessee, Shri Y.P. Trivedi. Their arguments are taken into consideration.3. At the outset, the learned Departmental Representative has pointed out that the issue involved in this appeal is already covered by the decision of the Bombay Bench 'B' of the Tribunal in the case of Thane Reti Vita Utpadah Sahakari Society Ltd. v. ITO [1991] 39 ITD 163. Shri Gupta pointed out that the Bombay Bench of the Tribunal held in that case that from the activity carried on by the assessee in removing the sand from the sea/ river bed and washing and cleaning it, it ...