Mumbai Court September 1996 Judgments
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Johnson and Johnson Ltd. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-06-1996
Reported in: (1997)(89)ELT155Tri(Mum.)bai
1. These two Appeals E-667-R/95-Bom. and E/668-R/95-Bom. have been filed against the Orders-in-Appeal No. A/386/95, dated 30-8-1995 and have been heard together.2. The appellants carry on the business of manufacturing, inter alia, a wide variety of sutures and needled sutures at their factory at Waluj, Aurangabad, for the use by surgeons for surgeries. In these two appeals, elate to the following two types of needled sutures : 3. The appellants state that in case of ordinary sutures, separate needles are used. Such ordinary needles have an eye hole, through which the separate suture material is passed for the purpose of closing an incision or wound. This requires a knot or double passing of suture strands and the bulge thereby necessitated causes tissues trauma/pain.4. Needled sutures, comprise of specialised eyeless needle and the swagedon suture form one continuous integral piece. The sutures are also specifically manufactured so that the diameter of sutures material is either the s...
Bhaskar Pandurang Prabhu Desai and Others Vs. Gajanan Arjun Salgaonkar ...
Court: Mumbai
Decided on: Sep-06-1996
Reported in: AIR1997Bom177
1. The appellants (plaintiffs in the Suit) had filed a Suit for recovery of possession and permanent injunction seeking to restrain the respondents (defendants in the Suit) from interfering with the suit property 'Chambhar Bhatlem and Ginger Bhatlem' in village Pernem. The suit property consists of 3 separate plots, middle of which is paddy cultivable land and the remaining two plots lying on either side are bagayat lands containing coconut, palm, mango grafts, mango trees, jackfruit trees, bhirands, ratamba, tamarind, cashew, rimber and other trees. In this Appeal we are concerned with the two plots of bagayat lands, since there is no dispute in relation to the plot where paddy is cultivated. The plaintiffs claim that the defendants are trespassers and they are not tenants. The plaintiffs further contended in their pleadings that the watchmanship of defendant No. 1 and defendant No. 3 was terminated.2. On the other hand, the defendants claim to be lawful tenants of bagayat lands as we...
Smt. Ganga Coelho and Others Vs. Smt. Neena Pinto and Others
Court: Mumbai
Decided on: Sep-06-1996
Reported in: AIR1997Bom252
ORDER1. The petitioners (plaintiffs in the suit) had filed a suit for permanent injunction seeking to restrain the respondents (defendants in the suit) from interfering with the suit field 'Palmar Gaspar Dias'. The plaintiffs' case, in brief, is that the original plaintiff was tenant and now deemed owner of the suit field by virtue of Fifth Amendment to Agricultural Tenancy Act, 1964 (hereinafter called 'the said Act'). According to plaintiffs, the defendants were the owners of the said paddy field. The suit field, which is an agricultural property, was leased to the original plaintiff in the year 1956 by original defendant and, in the year 1977, defendant No. 1 stopped the original plaintiff from carrying out work in the suit field and apprehending that he would be dispossessed, he filed suit for permanent injunction in October, 1977. 2. The defendants in their written statement answered the pleadings in the plaint on the assumption that the plaintiff had averred that 'he is a tenant'...
Bhavlal Shankar Mahajan Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-06-1996
Reported in: 1997CriLJ3060; 1997(2)MhLj709
1. The appellant is convicted for offence punishable u/S. 302 of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 1,000/- in default of payment of fine, rigorous imprisonment for one year. Being aggrieved by this conviction and sentence, this appeal is filed. 2. When the appeal first came up for hearing, it was noticed that the doctor who had performed post-mortem examination was not examined as a prosecution witness in the trial Court. However, the post-mortem examination report was admitted by the accused u/S. 294 of the Code of Criminal Procedure. Therefore, it was admitted in evidence and was placed at Exhibit 9. 3. The learned Additional Public Prosecutor filed Criminal Application No. 1153/1996 for adducing additional evidence as per the provisions of Section 391 of the Code of Criminal Procedure. The said application was allowed as per the order passed on 3-7-1996. 4. The record and proceedings were transmitted to the trial Court for recording t...
Mohan Vithal Takire Vs. Satish Sahney and Others
Court: Mumbai
Decided on: Sep-06-1996
Reported in: 1997CriLJ635
Vishnu Sahai, J.1. By means of this writ petition, preferred under Article 226 of the Constitution of India, the petitioner (the detenu) has impugned the detention order dated 19th September 1995, passed by respondent No. 1 detaining him under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 (No. LV of 1981). 2. The prejudicial activities of the detenu necessitating the issuance of the detention order are contained in the grounds of detention dated 19th September 1995, which were served on the detenu on 20th September 1995. The grounds in brief read thus : The detenu in or about the year 1993, encroached upon a part of an open land (reserved forest land) bearing Survey Nos. 87/A and 239/1 at Mouja Akurli, Gautam Nagar, Poisar, Malad (East), Taluka Borivali, Bombay Suburban District belonging to Sanjay Gandhi Rashtriaya Udyan, Borivali and from the said Government land sold out small plots and/or huts to needy persons after extrac...
Damodar Caxinata Naique (Since Deceased) Through L. Rs. Vs. Alvaro Dos ...
Court: Mumbai
Decided on: Sep-06-1996
Reported in: 1997(4)ALLMR50; (1997)99BOMLR425
F.I. Rebello, J.1. The present appellants are the heirs of the original defendant and the present respondents are the heirs of the original plaintiffs. The original plaintiffs filed a suit against the original defendant being Civil Suit No. 30/69 before the Court of the Civil Judge S.D., Panaji. The suit was filed under Decree No. 43525 of the Portuguese Rent Legislation then applicable to the area where the suit house was situated. The cause of action insofar as the Plaintiffs were concerned was that the Defendant had failed to deposit the rent reserved and further the rent had also not been paid on time. The original Plaintiffs in paragraph 14 of the plaint claimed an amount of Rs. 8,665.32 on various counts as arrears of rent. The original Defendant contested the claim of the Plaintiffs. The Defendant contended that there was another proceeding between the parties which was disposed by judgment and decree dated 22.12.63 by making some observations. The said observations though plead...
Commissioner of C. Ex. and Cus. Vs. La-prenca Industries
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-05-1996
Reported in: (1996)(88)ELT479Tri(Mum.)bai
1. The Cross Objection filed are in the nature of reply to the Appeal Memorandum, and hence are being disposed of by this order.2. The Appeal by the Department is against the Order-in-Appeal No.GS/38/B.H/93 dated 9-2-1993 of the Collector of Central Excise (Appeals), where he has allowed the Modvat credit on Foundry Chemicals and Fluxes, holding the same as inputs used during the course of manufacture of the finished products, to remove impurities and to provide the required hardness to the finished product.3. The Department has filed the appeal pleading that they are not these items could be construed as inputs eligible for availment of Modvat credit.4. Heard Shri K.M. Mondal, the ld. SDR for the Appellants and Shri J.N.Pikle the ld. Advocate for the Respondent.5. Even going by the order passed by the Assistant Collector, it has been accepted that the Foundry Chemicals & Fluxes are mixed in the molten metal and they act as ingredient to remove the impurities and foreign particles...
Arvind Kalidas Wadodkar Vs. Ramdas Devidas Joshi
Court: Mumbai
Decided on: Sep-05-1996
Reported in: 1998(1)BomCR131; 1996(2)MhLj907
ORDERL. Manoharan, J.1. The applicant in this revision is the defendant in Civil Suit No. 26 of 1990 which was instituted by the non-applicant for recovery of damages for defamation. In the meanwhile, the non-applicant/plaintiff also instituted a criminal prosecution under section 500 of Indian Penal Code for defamation Therefore, in the civil suit the defendant - applicant herein- filed an application under section 111 of Code of Civil Procedure for stay of the suit till the disposal of the criminal case instituted by the plaintiff-non applicant. By the impugned order the learned 4th Joint Civil Judge, Sr Dn., Akola, dismissed the application. Aggrieved by the same, the defendant has preferred this revision. 2. The learned Counsel, Shri Shelat, on behalf of the applicant has submitted that the very conclusion reached by the learned Judge is opposed to the accepted precedent and, therefore, is liable to be reversed. The learned Counsel submitted that these two matters since rest on the...
Shivaji Krishna Gaikwad and Others Vs. Telecom District Engineer, Sang ...
Court: Mumbai
Decided on: Sep-05-1996
Reported in: 1997ACJ246; 1997(1)BomCR270; (1996)98BOMLR64; (1997)IILLJ1155Bom
1. Heard the learned counsel Shri T. S. Ingale for the appellants, and Shri S. R. Rajguru for the Respondent. 1 2. This appeal has been filed by the appellants against the order dated January 2, 1993 passed by the Commissioner for Workmen's Compensation Act in W.C. No. 49 of 1990. An application was made under Section 4-A Of the Workmen's Compensation Act, 1923 (hereinafter referred to as the said Act) and demanded the amount of penalty and interest on the compensation amount. 5 3. It is the case of the appellants that they are the dependent parents of the workman who died by accidental death while he was in the employment of the respondent-employer. However, 10 the respondent-Telecom Department failed to deposit an amount of compensation under Sec. 4(A)(3) of the Act within the stipulated time. It reveals that the respondent-Telecom Department deposited the amount of compensation for is a sum of Rs. 13,5001with the office of the Commissioner for Workmen's Compensation Act on April 4, ...
Dada @ Ashok Bajarang Mohite Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-05-1996
Reported in: 1997(1)BomCR496
R.M.S. Khandeparkar, J.1. This appeal arises from judgment dated 19th March, 1994 passed by 4th Additional Sessions Judge, Satara in Sessions Case No. 64/89, wherein the appellant herein was charged for and held guilty of the offence punishable under section 302 of I.P.C. on the ground that the accused on 14-12-1988 at about 14 p.m. to 14.30 p.m. at Talbid, Taluka : Karad, committed murder by intentionally or knowingly causing death of Shivaji Mugutrao Mohite, aged 25 years by means of knife and was therefore, ordered to suffer imprisonment for life and fine of Rs. 1000/-, in default to undergo further imprisonment of 2 months.2. The case of the prosecution was that Mugutrao Mohite of village Talbid in Karad Taluka had two sons by name Shivaji and Vinayak. The former was serving in arm forces and the latter was serving in Bombay. On 4-12-1988 the said Shivaji had been to the village Talbid on casual leave and was visiting Maruti Temple of the village every day for playing cards. On the...
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