Mumbai Court December 1995 Judgments
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indu Nimba Pawar Vs. Sou Sumanbai Kadu Pawar and ors.
Court: Mumbai
Decided on: Dec-14-1995
Reported in: 1996(3)BomCR606; II(1997)DMC33
R.G. Vaidyanatha, J.1. This is a husband's petition challenging the order granting maintenance dated 30-3-1988 in Criminal Revision Application No. 250 of 1987 on the file of 3rd Additional Sessions Judge, Nashik. Heard both the sides.2. The first respondent-wife and two minor children, respondents 2 and 3, filed a petition for maintenance against the petitioner under section 125 Cr.P.C. in Maintenance Application No. 34 of 1985 in the Court of Judicial Magistrate, First Class, Satana. After recording evidence, the learned Magistrate held that the marriage between the parties is not proved and accordingly dismissed the petition by his order dated 22-5-1987.Then the wife and children carried the matter in revision before the learned Sessions Judge. After reappreciating the evidence, the learned Sessions Judge came to the conclusion that the marriage between the parties has been duly proved and that the present respondents 2 and 3 are the children born to petitioner and first respondent....
Jagmohan Aggarwal and ors. Vs. B.S. Hebbar, Assistant Collector of Cus ...
Court: Mumbai
Decided on: Dec-14-1995
Reported in: 1996(5)BomCR400
R.G. Vaidyanatha, J.1. This is a petition directed against the order dated 27th June, 1988 in Criminal Revision Application No. 18 of 1987 on the file of the Additional Session Judge, Greater Bombay. Heard both the sides.2. Few facts which are necessary for the disposal of this petition are as follows:The Assistant Collect of Customs filed a complaint in the Court of the learned Magistrate in Criminal Case No. 33/CW of 1985 against the petitioner and other accused for an offence under Customs Act. The allegation is about non-payment of customs duty on imported yarn.The accused contested the case. The case was being posted for evidence before charge since it was a warrant case on the basis of a private complaint. On 19-8-1986 the learned Magistrate found that no witnesses were present inspite of number of opportunities and accordingly dismissed the complaint and discharged the accused.It appears the prosecution did not challenge the said order by approaching the Sessions Judge or the Hi...
Chandrakant Gangaram Gawade Vs. Sulochana Chandrakant Gawade and Other ...
Court: Mumbai
Decided on: Dec-13-1995
Reported in: 1996(3)BomCR603; 1997CriLJ520; 1996(2)MhLj341
ORDER1. This is a petition directed against the order dated 7-10-1988 on Exh. 1 in Criminal Application No. 50 of 1988 on the file of the Chief Judicial Magistrate, Sawantwadi, Dist. Sindhudurg. Heard both the sides. 2. The first respondent-wife filed a petition for maintenance in the Court below under Section 125 of the Code of Criminal Procedure. The petitioner-husband filed an application Exh. 1 stating that the application is not maintainable since the marriage between him and the wife has been dissolved by a decree of divorce on the ground of adultery as per order dated 31-3-1986 in M.J. Petition No. 1132 of 1986 on the file of City Civil Court. Bombay. In view of the finding in that case that the wife is living in adultery, the wife is not entitled to maintenance. After hearing both the sides, the learned Magistrate held that no order can be passed on the application till the parties adduce evidence regarding adulterous conduct of the wife and therefore, directed the husband to f...
Tata Engineering and Locomotive Co. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Dec-13-1995
Reported in: 1997(89)ELT463(Bom)
N.D. Vyas J. 1. By the present writ petition under Article 226 of the Constitution of India, the Petitioners have inter alia challenged the legality of Trade Notice No. 15 of 1988 dated 8th February 1988 and the Order dated 22nd March 1988 passed by the Assistant Collector of Central Excise, Pune II Division, Pune and have asked for the same to be quashed and set aside. Although in the petition, the Petitioners have also asked for a declaration that the provisions of Heading No. 73.08 of the Schedule to the Tariff Act are unconstitutional, invalid and void, at the time of arguments this prayer has not been pressed. 2. The short question that requires determination in the present Petition is whether 'Columns', 'Girders', 'Trusses' and 'Purlins' of a structure are exigible to excise duty. 3. Briefly stated the facts giving rise to the present Petition are as follows :- (a) The Petitioner No. 1 Company is engaged in the manufacture of commercial motor vehicles and the Petitioner No. 2 is ...
Arvinder Kaur Kohli Vs. Sister Ita Fernandes and ors.
Court: Mumbai
Decided on: Dec-13-1995
Reported in: 1996(3)BomCR1; (1996)98BOMLR266
D.R. Dhanuka, J.1. This notice of motion is taken out by the defendants for an order of the Court to the effect that the Consent Order dated 7th April, 1992, Copy whereof is Exhibit 1 to the Affidavit in support of the motion herein be vacated and the defendants be granted permission to construct the extension building of their existing school i.e. Canossian High School etc. upon the suit plot bearing Survey No. 47, Hissa No. 5 or C.T.S. No. 22 in village Mulgaon, Taluka Andheri of Bombay Suburban District admeasuring 1006.5 sq. metres. The material facts having bearing on this subject matter of this notice of motion are briefly summarised hereinafter.2. One Mr. Joseph Anthony Nunes was the owner of the above referred plot of land, more particularly described in Exhibit 'A' to the plaint i.e. plot bearing City Survey No. 22 admeasuring about 1103 sq. yards or thereabouts. It is the plaintiff's case as set out in the plaint that by an agreement of sale dated 30th July, 1981, the said Mr...
Vijaykumar Satishchandra and Co. and anr. Vs. Rajgopal Badrinarayan Ma ...
Court: Mumbai
Decided on: Dec-13-1995
Reported in: 1996(3)BomCR176; (1996)98BOMLR425
V. H. Bhairavia, J.1. This appeal is directed against the judgment and decree dated 27th April, 1987 passed by the learned Joint Civil Judge, Senior Division, Solapur, in Special Civil Suit No. 119 of 1981.2. The suit was filed by the respondents-plaintiff for recovery of a sum of Rs. 61,357.50 with future interest. It is submitted that the plaintiff is a registered firm dealing in trading in cloth as a commission agent. Defendant No.1 is a registered partnership firm and defendant Nos. 2 and 3 were its partners. The defendants were doing the trade business in cloth. It is submitted that the appellant No. 1 defendant No. 1 firm had kept a khata with the plaintiff-firm at Solapur for purchasing cloth on credit. Accordingly, clothes were purchased on credit at Solapur and also took delivery of the same at Solapur. They promised to pay the amount of the goods purchased by them at Solapur from time to time. The vasul paid by the defendants came to be credited in the khata and the balance v...
Dr. Balmukund Prabhulal Parikh Vs. the Administrative Council of Mahar ...
Court: Mumbai
Decided on: Dec-13-1995
Reported in: (1996)98BOMLR994
K.G. Shah and N.D. Vyas, JJ.1. These two writ petitions are filed by the same petitioner. They involve common questions. Therefore, it will be convenient to dispose them of by this common judgment and they shall accordingly stand disposed of by this common judgment.2. The petitioner is a highly qualified person in engineering Science. He obtained a B.E. degree from Gujarat University. Then he passed his M.S.E. [Civil] from the University of Michigan Ann Arbor [Michigan] U.S.A. He secured Ph.D. [Civil] with specialisation in structural Engineering from the Le High University Bethleham. Pa. U.S.A. He first joined the service as Assistant professor in Applied Mechanics Department of S.V. Regional College of Engineering and Technology in Surat, Gujarat. Thereafter on January 30, 1973, he came to be appointed as professor of Structural Engineering in the College of Engineering at Sangli run by Respondent No. 1, and he took the charge of that post on May 31, 1973. He came to be confirmed on ...
Gujarat Ambuja Cement Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-12-1995
Reported in: (1996)(85)ELT154Tri(Mum.)bai
1. Though, this day, only stay petitions were listed for hearing, since the matter calls for a remand on the duty demand, we are taking up the appeals themselves for disposal.2. The appeal is against the Order-in-Original No. 3/Collr/95, dated 28-2-1995.3. The appellants are alleged to have manufactured tetrapods of cement, which were used in the construction of break water for protecting the Jetty. They have entrusted the construction of break water Jetty to a contractor. They supplied cement and tetrapods are manufactured at the site on which no excise duty was paid. In view of the aforesaid position, proceedings were initiated against the appellants and in the adjudication order passed by the Collector, he confirmed a demand for a sum of Rs. 39,64,744/- and imposed a penalty of Rs. 4 lakhs. An individual penalty of Rs. 10,000/- was also imposed on Shri Pradip Sharma who is the person in charge of the Excise matters in the Company.4. Shri PM Dave, the ld. advocate mainly pleaded on ...
Ramkumar Jalan Vs. Income Tax Officer.
Court: Mumbai
Decided on: Dec-12-1995
Reported in: (1996)56TTJ(Mumbai)545
ORDERI. S. VERMA, J. M. :All these five appeals are by the assessee against the consolidated order of the CIT(A), dt. 31st March, 1986, common for all these periods. In the memorandum of appeal, the assessee has taken as much as 21 grounds. As the ground Nos. (6) to (21) were not pressed during the hearing, so it is not necessary to reproduce them. The amounts of cash credits as per grounds of appeal for the asst. yr. 1976-77 are Rs. 25.49 lakhs; asst. yr. 1977-78 Rs. 119.00 lakhs; asst. yr. 1978-79 Rs. 113.00 lakhs; asst. yr. 1979-80 Rs. 36.00 lakhs and asst. yr. 1980-81 - Rs. 15.00 lakhs, but while reproducing the grounds, only the figure of Rs. 25.49 lakhs for the asst. yr. 1976-77 (as a sample) has been mentioned. Ground Nos. (1) to (5) are as under :1. The CIT(A) erred in holding that the appellant had not established its case that the source of the sum of Rs. 25.49 lakhs was 'Lohia Agricultural Farm' (LAF).2. The CIT(A) ought to have held that once the appellant had established t...
Amruta Gunda Shinde Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-11-1995
Reported in: 1996CriLJ1416
Majithia, J.1. Amruta Gunda Shinde, accused-appellant, was charged for intentionally causing the death of Dattatraya Jadhav and thereby committed an offence punishable under Section 302 of Indian Penal Code and thereafter attempted to commit suicide by stabbing himself by means of a broken bottle and also dashing his head against one stonary substance and thereby committed an offence punishable under Section 309 of Indian Penal Code. The charges having been proved he was convicted for the offences under Sections 302 and 309 I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for one month and to suffer rigorous imprisonment for six months respectively by 2nd Additional Sessions Judge, Kolhapur by judgment and order dated March 11, 1993. The substantive sentences were to run concurrently.2. The prosecution story lies in a narrow compass.PW-8, Laxman Narasu Koli was working as Police Patil of village Taka...
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