Mumbai Court December 1996 Judgments
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Smt. Sharayu Yadavrao Barde and anr. Vs. Sindhubai W/O Manohar Chakre ...
Court: Mumbai
Decided on: Dec-06-1996
Reported in: 1997(4)BomCR425
A.D. Mane, J.1. This second appeal is preferred by the original defendant No. 1 and legal heirs of the defendant No. 3 in Regular Civil Suit No. 14 of 1976 filed by the respondent No. 3 and 4 for partition and separate possession of their shares in the property originally possessed by one Deorao. By this appeal, they challenged the validity, legality or propriety of the judgment and decree passed by the lower Appellate Court in Regular Civil Appeal No. 252 of 1984 preferred by the defendant No. 2 against the judgment and order dismissing the plaintiff's suit for partition and separate possession of their shares.2. There is no dispute that on the death of Deorao, his widow Laxmibai alias Malanbai possessed the property as the sole heir. Malanbai got two daughters namely,; Kausalayabai and Krishnabai. Plaintiffs No. 1 and 2 are the daughters of Kausalayabai, whereas, defendants No. 1 and 2 are the daughters of Krishnabai. Defendant No. 3 is the son of defendant No. 1 Sharayu. Laxmibai di...
State of Maharashtra Vs. Shivaji Narayan Suryavanshi
Court: Mumbai
Decided on: Dec-06-1996
Reported in: 1997BomCR(Cri)539; (1997)99BOMLR230
Vishnu Sahai, J.1. By means of this appeal preferred under Section 378(1) Cr.P.C. the appellant has impugned the judgment and order dated 24.8.1983 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 123/1983 acquitting the respondents for offences punishable under Sections 302 and 342 IPC r/w 34 IPC.1A. The prosecution case, briefly stated runs as under:The deceased Manda Suryavanshi was the wife of respondent Shivaji Suryavanshi and daughter-in-law of respondent Narayan Suryavanshi. She was married about four years prior to the incident with Shivaji and had a daughter aged about 1 to 2 years. It is said that respondents; particularly respondent Shivaji used to abuse and assault Manda under the influence of liquor.On 8.1.1983, at about 7 p.m. Manda's father Bhimrao P.W. 1 had met Shivaji in a drunken condition on the way. He had greeted him but, Shivaji however, carried an impression that he had not greeted him. Consequently he a fight with Manda on this issue. The nex...
ScIndia Steam Navigation Co. Ltd. Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-05-1996
Reported in: (1998)(100)ELT464Tri(Mum.)bai
1. Appeal is against the order of the Additional Collector of .Customs, imposing a penalty under Section 116 of the Customs Act, on the appellant, steamer agent, for not having accounted for some goods which were manifested on board ss. Jala Mudra.3. Relating to Item 10 of the manifest, Bombay Port Trust had indicated that 40 pallets did not figure in the remark list of the vessel. It had indicated remarks for similar consignments as cover torn, inside bags torn. The certificate specifically said "As there are other consignment also having similar marks landing remarks stated above cannot specifically be assigned to this item". It follows from this that item under consideration did not bear any remarks and it could not therefore be said that it had been short landed. It appears from the Additional Collector's order that he has relied upon to this BPT certificate under the mistaken impression that it related to this item under consideration therefore cannot be sustained.4. As to the ot...
Vinayak Mahadeo Gangan Vs. Bhaskar Dattatraya Dongre and ors.
Court: Mumbai
Decided on: Dec-05-1996
Reported in: 1997(3)BomCR277; (1996)98BOMLR652
V.H. Bhairavia, J.1. This appeal is directed against the judgment and decree dated 17th December, 1993 passed by the learned Judge, City Civil Court. Greater Bombay in S.C. Suit No. 1778 of 1972. The appellant is the original defendant.2. The suit for declaration was filed by the respondents-plaintiffs for the possession of Shop No. 1547, admeasuring 10 x 15 ft. , situated at New Colony, North of K,D. Railway, Govandi, Bombay. It is the case of the plaintiffs that original plaintiff had purchased a stall No. 41 at Road No. 1, Lotus Colony, Govandi, Chembur from one Shri Vellapan for the consideration of Rs. 3,500/ by an agreement dated 13th March, 1967. It is also the case of the plaintiffs that before that said Vellapan had given stall No. 41 to the original plaintiff on Leave and Licence Agreement dated 23rd November, 1965 and he was in possession of stall No. 41 situated at Road No. 1 Lotus Colony, Govandi as a tenant of Vellapan for the period of 1965 to 1967 and in 1967, he purcha...
Commander Uday Date and ors. Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Dec-05-1996
Reported in: 1997(3)ALLMR620; 1997(4)BomCR10
A.P. Shah, J.1. Whether naval officers who have attained the rank of lieutenant in the executive branch of the Indian Navy are entitled to a certificate of service as the master of a foreign going ship without examination under section 80(1) of the Merchant Shipping Act, 1958 (Act for short) after repeal of the said section on 14th August, 1986, is the short but interesting question which falls for my consideration in this group of writ petitions under Article 226 of the Constitution.2. The facts are simple and very shortly stated. The petitioners are naval officers serving in the executive branch of the Indian Navy. The petitioners have attained the rank of lieutenant in the executive branch of the Indian Navy long prior to repeal of section 80(1), which provided for grant of a certificate of service as the master of a foreign going ship without appearing for the examination if the concerned officer has attained the rank of lieutenant in the executive branch of the Indian Navy. It may...
Shanx Oceaneering Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-03-1996
Reported in: (1998)(100)ELT319Tri(Mum.)bai
1. This is an Appeal against the Order dated 17-10-1996 passed by the Commissioner of Customs (Appeals), Mumbai. The facts briefly are that the appellant imported goods described as 'Food Rations' (Seven Oceans Ration 550 gm) and filed the Bill of Entry on 10-6-1996 for its clearance, and claiming exemption under Notification No. 150/94. They also produced letter from the Controllerate of Procurement of the Indian Navy to say that these are mandatory fitment to life rafts of ships of the Indian Navy. The Assistant Commissioner of Customs took the view that the food rations imported are in the nature of consumer goods, and it cannot be considered as fitment to the ships. On this view of the matter, the Assistant Commissioner denied the exemption and also found that in the absence of a specific licence for the goods the import was unauthorised, and ordered confiscation of the goods under Section 111(d) of the Customs Act, 1962 levying fine in lieu of confiscation for Rs. 10,000/- (Rupee...
Sanghi Leather P. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-02-1996
Reported in: (1999)(107)ELT113Tri(Mum.)bai
1. The appellant imported a consignment of goods declared to be PVC embossed film, claiming clearance under Entry 322 of Appendix 6 List 8 Part 1 of the AM 1985-88 policy. The department on testing found the goods not to be embossed and having Vicat of 61C. He therefore took the view that the goods fell under Entry 353 of Appendix 3A and required a licence. In due course, the Deputy Collector of Customs ordered confiscation of goods and an option to redeem the goods on payment of a fine. His order was confirmed by Collector (Appeals).Hence this appeal.4. Two contentions are raised by the appellant. It is first contended that the mirror finish which the film bore is itself in the nature of embossing and therefore the goods are embossed. It is secondly contended that the criterion of Vicat softening point should not be applied to the film imported by the appellant. As to the first point relevance is placed on certificates of chartered engineers to show that the mirror finish on the film...
Center of Indian Trade Unions and Another Vs. Union of India and Other ...
Court: Mumbai
Decided on: Dec-02-1996
Reported in: AIR1997Bom79; (1996)98BOMLR915
ORDERDr. B. P. Saraf, J. 1. By these writ petition, the petitioners seek to challenge the power project agreement entered into between the Maharashtra State Electricity Board and the Dabhol Power Company on 8th Nov. 1993 as amended from time to time. Writ Petition No. 2456 of 1996 has been filed by the Center of Indian Trade Unions, a federation of registered trade unions, and, Shri Abhay Mehta, a resident of Mumbai and a citizen of India. This writ petition has been filed by way of public interest litigation. The Union of India, the State of Maharashtra, the Maharashtra State Electricity Board, the Central Electricity Authority, Mr. Nizamuddin Patel (Deputy Secretary, Department of Energy, Government of Maharashtra), the Dabhol Power Company with which the Maharashtra State Electricity Board has entered into the power project agreement and the Enron Power Development Corporation have been arrayed as respondent Nos. 1 to 7 respectively. Writ Petition No. 2912 of 1996has been filed by S...
Raymond Woollen Mills Ltd. and anr. Vs. the State of Maharashtra and o ...
Court: Mumbai
Decided on: Dec-02-1996
Reported in: 1997(3)BomCR107
V.P. Tipnis, J.1. The petitioner is a company incorporated under the provisions of the Indian Companies Act and has a division called J.K. Engineer's files having its plant situated at M.I.D.C. Industrial area Mirjole District, Ratnagiri. The said division is engaged in manufacture, production, sale and export of engineer's steel files, rasps and file making machinery.2. It appears that on 26th March 1985 the Inspector of Weights and Measures came to the plant and seized and detained one saltier machine and two Avery machines on the ground that they were unreverified. By letter dated 29th March 1985 addressed to the Inspector of Weights and Measures by the Works Manager of the J.K. Engineers Files division the Inspector was informed that the petitioners had purchased two new Avery counter scale of 25 k.g. capacity and they are not aware of the procedure that the scales are to be stamped and approved by the department that this is a technical fault on their part and the same may be cond...
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