Mumbai Court April 1995 Judgments
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Kusumbhai Dahyabhai Patel Vs. Collector of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-10-1995
Reported in: (1995)(79)ELT292Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. 7/Collr/1989, dated 12-2-1989 of the Collector of Customs (Prev.), Ahmedabad.2. Since Shri Udai Joshi, the Ld. Advocate does not contest the case on merits, excepting the legal issue raised by him; facts are not recorded in detail.3. The appellant was returning from abroad and the admitted position is that she did not declare certain ornaments, when she got cleared through the Customs. They were intercepted after clearance while going to Gujarat. The interception was done by the officers of the Ahmedabad Customs Collectorate. In the adjudication proceedings held by the Collector, he held the ornaments seized liable to confiscation, but gave an option to the appellants for redemption of the same on payment of fine of Rs. 15,000 /- with a condition to re-export the jewellery and he also imposed a penalty of Rs. 5,000/-.4. Shri Uday Joshi, the Ld. Advocate for the appellant, mainly pleads that when the goods have been allowed re-expo...
Vishnu Jaiwanta Jaybhaye Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-10-1995
Reported in: (1995)97BOMLR573
S.S. Dani, J.1. Rule, returnable forthwith. Heard Counsel2. The Petitioner had filed nomination paper to get himself elected to the village panchayat of Kakadhira from Ward No. 3. His nomination paper is rejected on the ground that he has mentioned wrong serial number from the voters' list.3. It seems that the Petitioner has mentioned Serial No. 997. In fact, his name appears at Serial No. 996. As the Petitioner is a valid voter, merely because he has wrongly entered the serial number, nomination paper should not have been rejected on technical ground. The ratio of decision in : [1972]2SCR674 squarely applies in this case.4. Hence, order rejecting the Petitioner's nomination paper is set aside. We hold that the nomination paper of the Petitioner is valid for election to ward *No. 3 of village panchayat, Kakadhira. Election to proceed accordingly.5. If the date for allotment of symbol is over, then, irrespective of the choice made by the Petitioner, the Returning Officer will be at libe...
Mrs. Kumudesh Bhandari Vs. Ms. Gopika Tapuriah and anr.
Court: Mumbai
Decided on: Apr-07-1995
Reported in: 1995(3)BomCR534
G.R. Majithia, J.1. The petitioner-Mrs. Kumudesh Bhandari - has challenged the order of Additional Sessions Judge, Greater Bombay, passed in Criminal Revision Application No. 364 of 1993, dated April 5, 1994, affirming in revision the order dated October 27, 1993 passed by Metropolitan Magistrate, 12th Court, Bandra, Bombay, rejecting her application for discharge.2. Factual matrix giving rise to this petition are as under :Respondent No. 1 - Mrs. Gopika Tapuriah - (hereinafter 'the respondent') was married to Gautam Thakkar at Lucknow on February 25, 1973; that from this wedlock three children were born, namely Gaurav, Kunal and Rohan; that the marriage was dissolved by a decree of divorce by mutual consent on August 2, 1982; that the respondent filed Miscellaneous Application No. 174 of 1990 in M.J. Petition No. 71 of 1982 before the Family Court, Bandra, Bombay, for permitting the minor children to spend some parts of vacations with her; that the application has not so far been disp...
Shankar Waman Thatte Vs. Madhav Krishna Joshi (Deceased) Through L.Rs. ...
Court: Mumbai
Decided on: Apr-07-1995
Reported in: (1995)97BOMLR227
K.G. Shah, J.1. (1) This is an appeal by one Shankar Waman Thatte, the Appellant before me by which he challenges the validity, legality and justness of the judgment and order dated 3rd May, 1984 passed by the learned District Judge, Ratnagiri in Regular Civil Suit No. 8 of 1971 on his file. That suit was filed by the Charity Commissioner, Maharashtra State, Bombay-Respondent No. 6 herein under Section 50 of the Bombay Public Trust Act, 1951 (for short 'the Act') The suit pertained to a public Trust named as 'Shri Sansthan Bhargav Parshuram' situate at village Pedhe-Parshuram in Chiplun Tahsil of Ratnagiri District. The Trust is a charitable trust pertaining to a temple and has been referred to by the learned District Judge as a Devasthan. Original Defendants No. 1 to 5 of that suit were the trustees of that Trust appointed by the learned District Judge, Ratnagiri as per his order dated 22nd December, 1967 in pursuance of a scheme which was framed in Civil Suit No. 3 of 1989 for manage...
Kisan Baburao Memane and Another Vs. Suresh Sadu Memane
Court: Mumbai
Decided on: Apr-06-1995
Reported in: AIR1996Bom50; 1995(4)BomCR269; (1995)97BOMLR542; 1996(1)MhLj100
1. Mrs. Gokhale prayed for amendment of the second appeal. The grounds taken by the proposed amendment are purely legal grounds based on facts which are already on record. Prayer made by Mrs. Gokhale is granted. 2. By this second appeal the appellants original defendants have challenged the judgement and decree passed by the Joint Judge, Pune, on September 4, 1985 in Civil Appeal No. 815 of 1983 preferred against the Judgement and decree passed by the 4th Joint Civil Judge, Senior Division, Pune, in Special Civil Suit No. 398 of 1973. By the aforesaid judgement and decree the lower appellate Court reversed the finding of the trial Court and directed the appellants to handover possession of the suit properties to the original plaintiff. A few facts which are germane for the disposal of this second appeal are as under: The plaintiff in this case had filed a suit against the defendants- appellants herein for possession of the suit properties. It is the case of the plaintiff that the suit ...
Philipos Babu Vs. M/S. Bajaj Tempo Ltd. and anr.
Court: Mumbai
Decided on: Apr-06-1995
Reported in: (1996)IIILLJ666Bom
1. This Writ Petition under Articles 226 and 227 of the Constitution of India impugns an Award of the Second Labour Court, Pune, dated July 28, 1988, made in Reference (IDA) No. 109 of 1988 (Old Reference No. (IDA) No. 71 of 1988) under the provisions of the Industrial Disputes Act, 1947. 2. The facts of this Writ Petition are fairly simple. The First Respondent is a Company which manufactures two/three wheelers (scooter/tempo) at its factory at Akurdi, Bombay - Pune Road. The Petitioner is an ex-workman of the First Respondent. The Petitioner was working for about 2-1/2 years between 1977 to 1979 as a Helper under a Contractor of the First Respondent. Between April 18, 1979 to December 29, 1979 the Petitioner was working as a temporary workman in the employment of the First Respondent. On October 16, 1981, the Petitioner was given a letter of appointment which appointed him as a Helper in Foundry-16-01 Department on consolidated salary of Rs. 12.50 per day with effect from October 16,...
Shri N.B. Dhargalkar Vs. Suvarna Industries by Its Sole Proprietor
Court: Mumbai
Decided on: Apr-06-1995
Reported in: 1996(5)BomCR52
A.C. Agarwal, J.1. The appellant is the original defendant. He has preferred the present appeal seeking to impugn the judgment and decree passed on October 6, 1987 by the learned Civil Judge, Senior Division, Quepem, in Special Suit No. 43 of 1986. Under the decree the defendant has been directed to pay the plaintiff a sum of Rs. 71, 432/- with interest at 18% per annum from the date of the suit till actual payment. He has also been directed to pay the costs of the suit.2. The suit was filed on December 18, 1986 under the provisions of Order XXXVII, Rule 1 of the Code of Civil Procedure which provides for filing of summary suits. After the suit summons was served the defendant caused his appearance to be filed on March 23, 1987. The plaintiff on April 14, 1987 filed an application for summons for judgment. On August 10, 1987 the defendant filed an application for leave to defend. By the impugned judgment and decree leave to defend is refused and the decree prayed for in the suit is pas...
B.M. Ugale Vs. Ramilla Enterprises and ors.
Court: Mumbai
Decided on: Apr-05-1995
Reported in: [1995(71)FLR812]; (1996)ILLJ88Bom
B.N. Srikrishna, J. 1. This Writ Petition under Article 227 of the Constitution of India is directed against an Award dated 5th January, 1988 made by the Presiding Officer, 2nd Labour Court, Pune, in Reference (IDA) No. 15 of 1985 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The Petitioner was working in the employment of the 1st Respondent as a Fitter since 1st January 1978. The 1st Respondent is a unit carrying business in Engineering Industry and employs more than 20 workmen. On 1st June 1984 the service of the petitioner was terminated by an order which says, 'You are in the employment of our factory since 1.1.1978. Your services are no longer required. You are therefore discharged. At the time of discharge you will be paid one month's wages in lieu of notice and retrenchment compensation as per rules. You are being paid the amounts today only and are being discharged from service with immediate effect'. The Petitioner raised ...
Dr. Dnyandas S/O. Kisan Chopade Vs. Nagpur University and Another
Court: Mumbai
Decided on: Apr-04-1995
Reported in: AIR1995Bom405; 1996(1)BomCR632; (1995)97BOMLR674; 1995(2)MhLj260
ORDERH. W. Dhabe, J.1. The petitioner was registered as a post-graduate student for M.S. Anatomy at Government Medical College, Nagpur in February, 1992. The examination in M.S. Anatomy was to be held in November, 1994, to be precise from 7-11-1994 to 19-11-1994. As per the course of studies prescribed for post-graduation in the faculty of medicine by Nagpur University, the petitioner had to submit a Thesis before he could appear for written, oral and practical examination, Ordinance No. 57 of the NagpurUniversity prescribes the courses leading to the post-graduate degree examination in the faculty of Medicine.2. The petitioner had submitted his Thesis and the same was sent for scrutiny and approval to the examiners appointed by the Nagpur University. According to the petitioner, he did not learn anything about approval or rejection of his thesis, although, according to him, he had made oral enquiries with the Dean before the University examination commenced from 7-11-1994. It is his c...
Best Workers Union, Bombay Vs. Best Undertaking and ors.
Court: Mumbai
Decided on: Apr-04-1995
Reported in: (1996)IIILLJ696Bom
1. This writ petition under Article 227 of the Constitution of India is directed against an order of the Industrial Court, Bombay, dated June 23, 1988, made in Appeal (IC) No. 79 of 1986 under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the Act'). 2. The Petitioner is a registered and representative Union of the employees working in the Transport Section of the First Respondent, which is an Undertaking of the Bombay Municipal Corporation doing business of transporting of passengers by bus and supply of electricity within Greater Bombay. The Industrial establishments of the First Respondent are covered by the provisions of the Act. 3. Subhash Shah was employed as Assistant Fitter in the service of the First Respondent in the Transportation Engineering Department and his services were terminated under Standing Order 26(1) (i) for the reason that the workman was absent for 184 days and on leave without pay for 232-1/4 days during the period Jan...
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