Mumbai Court February 1995 Judgments
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The State Industrial and Investment Corporation of Maharashtra Ltd. Vs ...
Court: Mumbai
Decided on: Feb-06-1995
Reported in: AIR1995Bom275
1. The State Industrial and Investment Corporation of Maharashtra Ltd., has filed this suit against Narang Metals Private Limited for refund of a sum of Rs. 13,26,236.82 along with further interest at the rate of 12% per annum on Rs. 6,59,700/-from the date of filing of the suit till payment inter alia on the ground that a sum of Rs. 6,59,700/- was erroneously disbursed to defendant No. 1 as subsidy for setting up a hotel project at Aurangabad, a backward area in the State of Maharashtra, even though the hotel project was not covered under Central Subsidy Scheme 1971. Prior to disbursement of the said amount, two agreements were entered into between President of India and defendant No. I on 22nd November, 1973 and 14th February, 1974 for disbursement of subsidy to defendant No. 1. The plaintiff was the agent of defendant No. 2 for disbursementof Central Govt. Subsidy under the Scheme propounded by defendant No. 2. The plaintiffs have impleaded Union of India as defendant No. 2 in this ...
Priya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...
Court: Mumbai
Decided on: Feb-06-1995
Reported in: 1995CriLJ3683
ORDER1. Certain qualities of heart and mind excel men from others, because of their mesmerising effect on ordinary masses; reverence, high esteem, they are held elevate those mortal to honoured title of Saints. Saints like to see others happy because a saint is happy if he can make others happy. Our past culture, tradition, religion, social habits have taught us to be friendly with fellow passengers in a bus or train and respect religious men, saint and Sadhus. Bus blind faith sometimes lands us in trouble. History is replete with deeds of Saints, recollections of which instills great solace and soccur to oppressed mankind; exceptions; however, mars the cosmic horizon of effulgence to one of reprehension and censure. Intermittently, media published stories under the captions viz. 'Saint or Saitan', 'From Sinner to Saint', 'Sex fiend in Saffron' etc. Traversity of truth enacted thus dilutes the excellence and severely damages moral fibre of the society of mankind in their civic grandeou...
Harishchandra Haqiqatrai Chhabra and ors. Vs. Chamraj Subhukrishna Kri ...
Court: Mumbai
Decided on: Feb-06-1995
Reported in: [1995(71)FLR1110]; (1996)IIILLJ587Bom
1. This writ petition under Article 227 of the Constitution of India is directed against an order of the Industrial Court dated November 28, 1986 made in Complaint (ULP) Nos. 404 to 407 of 1985 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act') and typifies the jeopardy, into which the workmen are thrown when brothers in business quarrel and bring the business crashing down. 2. The present petitioners are the legal heirs of Harishchandra Hagigatrai Chhabra, who is now deceased. (For the sake of brevity, and convenience. deceased Harishchandra Hagigatrai Chhabra will be referred to as 'the petitioner' in this judgment. The petitioner and Respondent No. 6 are brothers in full blood. They were partners in several businesses and were also running some businesses in their own respective rights as sole proprietors. Respondent No. 5, M/s. Ball and Roller Bearing Company, was one of such...
Padma K. Gokul Gandhi Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-03-1995
Reported in: (1995)(78)ELT265Tri(Mum.)bai
1. This is an appeal directed against the order in original passed by the Addl. Collector of Customs, Bombay bearing No. S/14-UB-210/87-88P, dated 10-3-1988. Earlier, the appellant construed it to be an order of the Dy. Collector and filed an appeal before the Collector (Appeals) who directed the appellant to file the appeal before the Tribunal.2. The appellant is the widow of Shri Gokul K. Gandhi who died on 8-8-1987. He was staying in Dubai since 1963 and as per the certificate from the firm, where he was the managing partner, he was working in the firm from 1980 onwards till his demise. Unfortunately, when he came on a short visit in India, he died on 8-8-1987 in an accident. On the death of her husband, a death certificate was obtained by the appellant and efforts were made to get the personal effects by the appellant.There is a letter dated 9-12-1987 from the Embassy indicating that the deceased person was working as Director with M/s. Mechanical Parts Establishment in Dubai and ...
Ramdas S/O Zaparaji Shahane Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-03-1995
Reported in: 1996CriLJ1848
1. This appeal is directed against the conviction of the appellant for an offence under Section 161 of the Indian Penal Code, Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The accused/appellant a the relevant time, i.e. in the month of May, 1984, was working as Head Constable attached to Selu Police Station of Wardha district and was such a public servant. 2. The prosecution story is that the complainant Yashwant Ganjare made a report in the police station on 4-5-1984, suggesting that his crop was burnt by one Rambhau Surkar. He claimed in the report that this was told to him by one Shamrao Wanode. He also claimed that he had actually seen Rambhau Surkar in the light of the said blaze. This report was registered as Crime No. 49/84 under Section 435 of the Indian Penal Code. One Head Constable Gulabrao bearing buckle No. 599 registered this offence against Rambhau Surkar. It was investigated by P.W. 4 Rupchand Tiwari who prepared a panchanama of the s...
Niranjan Mills Ltd. Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-03-1995
Reported in: 1996(1)BomCR259
Dr. B.P. Saraf, J. 1. By this reference under section 61(1) of the Bombay Sales Tax Act, 1959, made at the instance of the assessee, the Maharashtra Sales Tax Tribunal has referred the following question of law to this Court for opinion : 'Whether, on the facts and circumstances of the case and on a true and correct interpretation of the provisions of sections 37 and 46 of the Bombay Sales Tax Act, 1959, the Tribunal was justified in law in upholding the forfeiture of tax collected by the applicants during in unregistered period ?' 2. The assessee, M/s. Niranjan Mills Ltd., was carrying on business in Bombay. Initially, it had no fixed place of business in Bombay. It was carrying on its business activities in Bombay from its Delhi office. In respect of its business in Bombay, it was, therefore, registered under the Bombay Sales Tax Act, 1959 ('the Act') as a 'non-resident dealer' with effect from April 20, 1966. Subsequently, it opened a place of business in Bombay. Soon thereafter, it...
Mohammed Mumtaz S/O. Mohammad Darwesh Vs. Ishwar Kaur W/O. Jogindarsin ...
Court: Mumbai
Decided on: Feb-03-1995
Reported in: 1996(5)BomCR313
A.D. Mane, J.1. These civil revision applications raise a common question of facts and law and therefore, they are disposed of by common judgment.2. In the proceedings for eviction under the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (for short, the Act), the Rent Controller passed final order on 31-1-1993. It is the case of both the petitioners that they were not aware about passing of the said order. They came to know about it immediately before they applied for certified copy of the order. They filed the appeal before the District Court accompanied with the applications for condonation of delay in filing the appeals. Their applications were registered as MRJI Nos. 316 and 593 of 1993. The learned District Judge dismissed those applications. It is against these orders that these revision have been filed.3. Each of the applications came to be rejected on a two-fold grounds, firstly; the official record shows that the final order in each rent case has been duly commu...
Prakash Dattatraya Tilak Vs. Shamlabai Dattatraya Karde (Deceased) Thr ...
Court: Mumbai
Decided on: Feb-03-1995
Reported in: (1995)97BOMLR610
N.D. Vyas, J.1. This is an appeal preferred by the original plaintiff against the judgment and order dated 31st October, 1985 passed by Civil Judge, Senior Division, Pune whereby the Trial Court dismissed the suit filed by the appellant. The Trial Judge directed the defendants to pay a sum of Rs. 11,000/- with interest to the plaintiff, but dismissed the suit for specific performance of agreement of sale dated 8th April, 1978. The Agreement for sale was in respect of the Government property situated at C.T.S. No. 105, Erandavana, Pune agreed to be sold for a price of Rs. 1,75,000/- out of which the appellant had, before the execution of the agreement of sale, paid Rs. 5,000/- and after the execution of agreement of sale Rs. 6.000/- on 14th April 1978. It was the plaintiff's case that under the said agreement for sale, the 1st defendant, the owner of the said immovable property, had agreed to sell the said immovable property and the conveyance was agreed to be completed within six month...
Rallis India Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-02-1995
Reported in: (1995)(78)ELT86Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. S/10-134/87-11, dated 7-9-1987 of the Collector of Customs, Bombay, ordering confiscation of ammo acid chelate which is a plant nutrient but allowing redemption of the same on payment of fine of Rs. 8.00 lacs and also imposing a penalty of Rs. 2.00 lacs on the appellants.2. Shri R.J. Gagrat, the Ld. Advocate does not dispute that the item imported is in consumer packing ready for consumption as such by the agriculturists by mixing with water for application on the plant.However, they have not imported this as consumer product and this item is required for use in their Research and Development activities. They are mixing this with emulsifiers and using it as a raw material. Hence, they have bonafide imported under OGL. Even if they had approached the licensing authorities, they would have obtained a licence for import of the specific item. This is not an item of mass consumption to be equated with other consumer goods. This item go...
Supreme Fibre Glass Inc. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-02-1995
Reported in: (1995)(79)ELT167Tri(Mum.)bai
1. Though this day, only stay appliction was listed for hearing, we have decided to dispose of the appeal itself, since it calls for a remand back to the Collector (Appeals).2. Both the appeal as well as the stay application are directed against the Order-in-Appeal No. NK(217)782/94 (F. No. 862/93/4829), dated 18-10-1994 of the Collector of Central Excise (Appeals), rejecting the appeal as time barred without going into the merits.3. The short point involved in the appeal as well as the stay application is whether the Collector (Appeals) could have condoned the delay for going into the merits of the appeal. Hence, after hearing both the sides and with their consent, we have taken up the appeal itself for disposal. The impugned order-in-original passed by the Assistant Collector was received by the appellants on 9-3-1993 and the appeal ought to have been filed on 9-6-1993. The appeal however came to be filed on 3-8-1993 and there is a delay of about 2 months in filing the appeal before...
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