Mumbai Court July 1996 Judgments
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Shri S.V. Salgaocar and Another Vs. Special Land Acquisition Officer a ...
Court: Mumbai
Decided on: Jul-20-1996
Reported in: 1998(1)BomCR392
ORDERR.M.S. Khandeparkar, J.1.This appeal arises from the Award dated 8th March 1988 passed in Land Acquisition Case No. 468 of 1981 by Additional District Judge, South Goa, Margao, in respect of land admeasuring 1025 sq. mts. situated in the village of Shirvoi, Taluka of Quepem bearing Survey No. 8/3 which was acquired for Seloulim Irrigation Project, Distributaries D1 by issuing Notification under section 4 dated 3rd February 1979. The compensation which was awarded by the Land Acquisition Officer was Re. 1/- per sq. mt. The appellants being aggrieved by the said Award of the Land Acquisition Officer sought reference under section 18 of the Land Acquisition Act claiming Rs. 20/- per sq. mt. in respect of the acquired land as well as severance compensation in respect of an area of 1182 sq. mts. 2. The appellants examined three witnesses, namely, Epifanio Fernandes, the Attorney of the appellant No. 2, as A.W.1, Shri Pramod Dessai, Architect Engineer and Government Approved Valuer as A...
Upaso Kustha Prabhu Dessai and Others Vs. Dattu Shanu Prabhu Dessai an ...
Court: Mumbai
Decided on: Jul-20-1996
Reported in: 1998(1)BomCR389
ORDERR.M.S. Khandeparkar, J.1. The present appeal arises from the order dated 20th July 1989 passed by the Additional District Judge, South Goa, Margao in Regular Civil Appeal No. 1/1986. The said Regular Civil Appeal was filed against the Judgment and Decree of the trial Court dated 30th September 1985 passed in Regular Civil Suit No. 10/73.2. The appellants who were the plaintiffs in the trial Court had filed the said suit for permanent injunction against the respondents claiming that the plaintiffs are the owners and in possession of the suit property and the defendants have no right thereto. The cause of action for filing the suit is stated to be that the defendants started digging trenches in the suit property for the purpose of construction of a structure. Initially the plaintiffs' suit was decreed by the Civil Judge, Senior Division, Quepem but in Regular Civil Appeal No. 89/81 the District Judge, Margao set aside the said judgment and the matter was remanded for de novo assessm...
Bharat Containers P. Ltd. Vs. Commr. of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-19-1996
Reported in: (1997)(91)ELT373Tri(Mum.)bai
1. This appeal is directed against the Order-in-Appeal No.PPM-544-547/BII-371-374/87, dated 17-5-1988, so far as it relates to the rejection of the appeal filed by the present appellants, against the Order-in-Original, dated 4-11-1986 passed by the Assistant Collector of Central Excise, Dn. I, Mumbai II.2. Shri D.K. Subhedar, the ld. Advocate submits that the Commissioner (Appeals) has not granted any [personal] hearing, in spite of their having requested in the memorandum of appeal and also by a separate letter written to him on the 13th April, 1988. In his submission there are enough evidences to satisfy that the claim for refund made, was within the stipulated period as they had already submitted application on 3-1-1985. He also pleads that they are in a position to satisfy the authority that the duty burden has been passed over and even under the amended law, they would be eligible to get the refund.3. Shri Krishnamurthy, the ld. JDR, submits that with the settled position of law,...
J.B. Advani Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-19-1996
Reported in: (1996)(88)ELT701Tri(Mum.)bai
1. The appeal is directed against the Order-in-Original No. 3/CEX/93 of the Collector, Central Excise, Aurangabad.2. The appellants vide entry in their RG 23A, Part II availed of Modvat credit on 28-7-1987 for the duty paid on the goods originally cleared by them on payment of duty on 23-4-1987 and sent to Eskayef Ltd. but which was returned as rejects under cover of challan and supported by Certificate issued by the Range Superintendent. During the audit, an objection was raised that the rejects could not be considered inputs and were not covered under the declaration filed and hence, show cause-cum-Demand Notice dated 1-8-1988 was issued by the Supdt. of Central Excise raising demand for Rs. 12,750/-. The Appellants contested the same and on passing the Order-in-original, dated 17-9-1988, they preferred an appeal before the Collector (Appeals) who vide order dated 6-5-1990 set aside the said order holding that because the demand raised was beyond the normal period of limitation, and...
Anand Patwardhan Vs. the Union of India and Others
Court: Mumbai
Decided on: Jul-19-1996
Reported in: AIR1997Bom25; 1997(1)BomCR90; (1996)98BOMLR794
1. John Stuart Mill, a great thinker of 19th Century in his famous treatise 'Utilitarianism, Liberty and Representative Government' neatly explained the importance of free speech and expression in these words: 'But the peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collission with error.'Indeed, freedom of speech and expression has now been accepted as a natural right which a human being acquires on birth. It is therefore, regarded as a basic human right. The words 'freedom of speech and expression' appearing in Art. 19(1)(a) of the Constitution has been construed by the Supreme Court to include freedom to...
State Bank of India Vs. Sohanlal Babulal Jain
Court: Mumbai
Decided on: Jul-19-1996
Reported in: AIR1997Bom34; 1997(1)BomCR88; 1996(2)MhLj647
ORDERM. S. Rane, J. 1. The appellants-State Bank of India are decree-holder and as a result of non-compliance of the decree in their favour, they initiated action against the judgment-debtor under the provisions of Presidency-Town Insolvency Act, 1909 (hereinafter referred to as the said 'Act') and as a step therein, the Court issued a notice to the judgment-debtor under the povisions of the said Act. The notice in question which the appellants got issued, there was a misdescription of the judgment-debtor. This aspect was highlighted and focused by the judgment-debtor before the Insolvency court and the judgment-debtor objected that the process issued against him was illegal by moving an application by way of Notice of Motion. The Insolvency court which heard the said-application of the judgment-debtor found favor with the objection raised by and on behalf of the judgment-debtor and struck down the Insolvency Notice by judgment dated 4th October 1994 which is impugned in this appeal. 2...
Milan Sarcanski Vs. the State Through Its Special P.P. Adv. Bhope
Court: Mumbai
Decided on: Jul-19-1996
Reported in: 1997CriLJ2028
Chandrashekhara Das, J.1. The appellant is an accused in Special Criminal Case No. 6/95 on the file of the Narcotic Drugs and Psychotropic Substances Court of Mapusa. He challenges the convictions and sentence passed by the Special Judge under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, whereby the appellant was sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, or in default, to suffer Rigorous Imprisonment for two years. 2. According to the prosecutor, on 5th January, 1995, a raiding party of the Anti-Narcotic Cell, Panaji, led by Mr. G. M. Jadhav, Police Inspector, was a making a random check in Calangute area. The raiding party also consisted of one Dy. S. P. Shri Shukla. On information received, the raiding party went to the house where the accused was staying. Admittedly, it was at 8'O clock in the night. When P. I. Jadhav entered the verandah of the house where the appellant was staying, it was open. H...
Oriental Containers Ltd. Vs. Engineering Workers' Association and Ors. ...
Court: Mumbai
Decided on: Jul-19-1996
Reported in: (1998)IIILLJ95Bom
ORDERTipnis, J.1. This Notice of Motion seeks that this Court should direct that a criminal complaint be filed against the respondents excepting Respondent No. 2 under the provisions of Section 340 of the Code of Criminal Procedure for offences under Sections 193, 196, 199 and 200 of the Indian Penal Code.2. An affidavit in support of the Motion filed by the Chief Executive and Secretary of the Petitioner-company states that in the proceedings before the Labour Court, the Labour Court directed reinstatement of the workmen with continuity of service and full backwages with effect from their respective dates of dismissal. The said award was challenged in this Court byfiling Writ Petition No. 2473 of 1994. The matter initially came up before the learned single Judge who granted ad interim relief. The petition admittedly was filed sometime in December 1994. It came up again for orders on February 1, 1995 when the learned Judge continued the interim relief till the final hearing of the main...
Smt. Ninette Proenca Vs. State of Goa, Through the Chief Secretary and ...
Court: Mumbai
Decided on: Jul-19-1996
Reported in: 1997(1)BomCR336
T.K. Chandra Shekhara Das, J.1. When the controversy involved in this petition arose, the petitioner was working as a Teacher in the primary section in the third respondent school, St. Joseph's High School, Calangute. She is a Bachelor of Arts with special subject of English and also having a Degree in Education. The petitioner is also a holder of Diploma in French language from Alliance Francais. While so, the petitioner came across an advertisement in the daily 'Navhind Times' dated 14th February, 1988, which was published by the third respondent school, notifying a vacancy of part-time permanent Post Graduate Teacher to teach Geography and French in Higher Classes. The advertisement reads as follows :---'Wanted a part-time Graduate Teacher (permanent post) to teach Geography and French in Higher Classes.Apply : Immediately to Principal, St. Joseph's High School, Calangute.'2. The petitioner alongwith three other persons applied for the post, including the fourth respondent. The four...
Harishchandra Narayan Maurya Vs. Rajendraprasad Dargahi Varma
Court: Mumbai
Decided on: Jul-19-1996
Reported in: 1997(1)BomCR28
R.M. Lodha, J.1. Original plaintiff Harishchandra Narayan Maurya is the appellant in this appeal and is aggrieved by the order dated 19-10-1993 passed by the City Civil Court, Bombay dismissing two notices of Motion viz. Notice of Motion No. 3388 of 1992 and Notice of Motion No. 3986 of 1992.2. The bare and essential facts are that the appellant herein (original plaintiff) filed a suit against the respondent herein (original defendant) in the City Civil Court, Bombay praying therein that the defendant be permanently restrained by an order of injunction from dispossessing the plaintiff from the suit premises and/or entering into the suit premises that is Room No. 21, Kach Karkhana, G.D. Ambedkar Marg, Wadala Road, Bombay. The plaintiff averred that the suit premises were purchased by him from the defendant on 10-2-1992 for a consideration of Rs. 2 lakhs. The transaction is said to be evidenced by the affidavit of the defendant dated 10-2-1992 and the receipt of the even date. Upon payme...
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