Mumbai Court January 1997 Judgments
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Abbas Abdul Mhaiter and Another Vs. the Dir., Resettlement, and Others
Court: Mumbai
Decided on: Jan-21-1997
Reported in: AIR1997Bom237; 1997(3)BomCR563; 1997(1)MhLj719
ORDERDr. Mrs. UPASANI, J. 1. By this petition, the petitioners are challenging acquisition proceedings of their land bearing Survey No. 120(2)(p), admeasuring 75 areas in Village Astha, District Sangli. 2. It is submitted by the petitioners that the father, one Abdul Mhaiter, who was the owner of the above referred land, died on 9th Oct. 1970, leaving behind him three sons as his heirs, and that, thereafter the entire land was dived into three shares. It is contended that each co-owner is cultivating his land which came to his share, and that, the total holding of the petitioners is below the ceiling of 8 acres. 3. It is also the grievence of the petitioners that though their father had already expired, the petitioners who were the sons to the said deceased Abdul Mhaiter, were never served with any notice and therefore, they could not file any objections under Section 5A to any of the Notification issued by the respondents under Section 4 and under Section 6 of the Land Acquisition Act...
Smt. Neela Ashok Naik and Another Vs. State Bank of India
Court: Mumbai
Decided on: Jan-21-1997
Reported in: 1998(1)ALLMR755; [1998]94CompCas460(Bom)
R.K. Batta, J.1. The appellants had taken a loan of Rs. 95,000 for the purchase of a Maruti omnibus on May 16, 1991, and appellant No. 2 stood guarantor for the said loan and in order to secure due repayment of the same, the appellants executed certain documents, namely, terms and conditions letter, hypothecation agreement, guarantee agreement and form of agreement all dated May 16, 1991. Three fixed deposits to the tune of Rs. 85,000 were taken as collateral guarantee under the form of agreement dated May 16, 1991. The appellants paid a few instalments and thereafter stopped paying the loan amount. A sum of Rs. 9,500 was adjusted from the said fixed deposits on November 21, 1991. Since no payments were made by the appellants, the respondent-bank filed a suit for recovery of a sum of Rs. 1,42,000 from the appellants with interest thereon from December 21, 1993, till final payment. The rate of interest from the time of taking loan until the filing of the suit and even thereafter varied ...
C.O. Verghese Vs. V.M.K. Singhi and Another
Court: Mumbai
Decided on: Jan-21-1997
Reported in: 1997(2)BomCR519; 1997BomCR(Cri)425; 1997CriLJ3282; 1997(2)MhLj243
ORDER1. Heard Mr. Ponda, learned Advocate for the petitioner and Mr. Gupte, learned Advocate for the respondent No. 1. The petitioner has challenged the order of issuing process passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay in Criminal Case No. 17/S of 1989. 2. The petitioner-accused was an employee of the State Bank of Indore. At the relevant time he was in-charge of Foreign Exchange Department. It was the duty of the accused to look after the transaction pertaining to Import-Export, verification of concerned documents, remittances to the constituents, checking of Letters of Credit and attending to other transactions and functions, incidental to the Foreign Exchange business of the Bank. 3. In the complaint that was filed by the respondent No. 1 who was an officer of the State Bank of Indore, in his capacity as an Officer of the Bank before the Magistrate, it is alleged that the accused in his capacity as an officer of the Bank received in the month of April/...
The State of Maharashtra Vs. Hindurao Daulu Charapale
Court: Mumbai
Decided on: Jan-21-1997
Reported in: 1997BomCR(Cri)833; 1997CriLJ1649
Vishnu Sahai, J.1. Aggrieved by the sentence of 3 years' R.I. and a fine of Rupees 1,000/-, in default 3 months' R.I. awarded to the Respondent under Section 326 IPC vide the judgment and order dated 21-4-1984 passed by the Assistant Sessions Judge, Kolhapur, in Session case No. 66 of 1983, the Appellant has preferred the present appeal for enhancement of the sentence of the Respondent under Section 377(1) Cr.P.C. 2. Briefly stated the prosecution case runs as under : On 16-4-1983 the informant Rajaram Balwant Patil (PW-2) was standing at the door of his former house near the main road. At that time one Shivaji Patil came driving a cycle, on which Maruti the brother of the Respondent was also sitting. It is said that Shivaji brought the cycle in the direction of the informant and the same struck his body. Consequently he slapped him. Maruti reprimanded him for slapping Shivaji and threatened him with dire consequences the next day. On the following day i.e. 17-4-1983, the informant lef...
Raghvendra Anantrai Mehta Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jan-21-1997
Reported in: 1997(4)BomCR213
A.P. Shah, J.1. The short question which falls for consideration in this writ petition under Article 226 is whether the Presiding Officer of the Debts Recovery Appellate Tribunal, established under the Recovery of Debts due to Banks and Financial Institution Act, 1993 ('Act' for short) is entitled for Higher Official Reservation (H.O.R.) facilities from the Indian Railways.2. The facts are simple and may be shortly stated. The petitioner was member of State Judiciary. He retired as District and Sessions Judge, Satara. Thereafter, he worked as the director, Judicial Officers' Training Institute at Nagpur till 30th September, 1993. He is now appointed by the Central Government as the Presiding Officer of the Debts Recovery Appellate Tribunal at Mumbai. The Appellate Tribunal is established with effect from 14th June, 1994 under section 8 of the Act. The Appellate Tribunal has the jurisdiction over areas covered by the Debts Recovery Tribunal, established or to be established under the Ac...
State of Maharashtra Vs. Hari Lakhu Dhangar and ors.
Court: Mumbai
Decided on: Jan-21-1997
Reported in: (1997)99BOMLR721
1. Being aggrieved by the Judgment and Order dated 21st April, 1984 acquitting the Respondents accused of the offence punishable under Section 302 r/w 34 IPC, passed by the Additional Sessions Judge, Kolhapur, in Sessions Case No. 63 of 1983, the State of Maharashtra has filed the present appeal.2. Briefly stated, the prosecution story runs as under:Complainant Keshav Dhanagar resides at Patane alongwith his wife and son. He is a primary teacher. There was Land dispute between him and the accused. The complainant had filed a Civil Suit bearing No. 42 of 1983 in the Court of Civil Judge Junior Division, Malkapur for a permanent injunction against Accused Nos. 1 to 4. He had filed an application for temporary injunction in the said Suit and interim injunction was granted in his favour. The Suit was pending.According to the prosecution, the complainant had vacation in the month of May 1983. On 27.5.1983 he had gone to Bapu Dnyanu Patil (P.W. 6) and requested him to give him his buffalo. T...
Siddhappa Yellappa Nimbal Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-21-1997
Reported in: (1997)99BOMLR746
P.D. Upasani, J.1. The Petitioner, by this Petition, is challenging the Notifications published on 25th June, 1987 in the Government Gazettee under Section 4, and the Notification published on 7.7.1988 under Section 6 of the Land Acquisition Act, 1894, whereby Respondent No. 1 sought to acquire 3 areas of land of the Petitioner out of Gat No. 152 at Village Mirajgi, Taluka Akkalkot, District Sholapur for the alleged public-purpose of burial ground for the Muslim Community.2. It is the grievance of the Petitioner that the land of the Petitioner which is sought to be acquired is a bagayat land, and that, the number of Muslims residing at Mirajgi is very small, and that, their population is hardly 50 in number. It is further contended by the Petitioner that as such 5 acres of land is already allotted for the purposes of burial ground for the Muslim Community. It is submitted by the Petitioner that though he filed objections under Section 5A of the Land Acquisition Act, the said objections...
Commissioner of C. Ex. Vs. Vip Industries Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-20-1997
Reported in: (1998)(100)ELT461Tri(Mum.)bai
1. The issues in this appeal are whether the key case and price tag which are supplied along with suitcase manufactured by the respondent are inputs used in or in relation to the manufacture of such suitcases.2. The Departmental Respresentative contends that suitcase becomes complete without these two items and can be marketed as such. Therefore is not an input. He relies on the instructions of the Board that Modvat credit is not permissible on tool kit supplied along with motor vehicle.3. It is evident that key case which contains the key in a suitcase is sold along with the suitcase and suitcase cannot be purchased at lower price without their key case. This was also emphasised by the respondent's representative. But the form in which the goods were sold, the key case would form a part of the suitcase in the sense that it is sold along with it, the suitcase cannot be separately purchased without it. The analogy of the tool kit has no relevance. But the contention in the appeal that ...
Commissioner of Central Excise Vs. Chloride Industries
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-20-1997
Reported in: (1999)(108)ELT506Tri(Mum.)bai
1. Appeal is against the order of the Commissioner (Appeals) holding that the assessee was entitled to Modvat credit under Rule 57Q of the duty paid on air compressors used by it in its plant for making electric batteries.3. I do not think it necessary to go into the exact function of the com-, pressor or whether it was used for bringing about any change in any substance. The reason for this is that it is not disputed that air compressor was part of the assessee's plant for producing electric batteries. It would, therefore be a component of a plant and hence entitled for Modvat credit under Sub-clause (b) of the Explanation to Rule 57Q(1). I decline to interfere....
Dadu Maruti Gaikwad Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-20-1997
Reported in: 1997BomCR(Cri)903
Vishnu Sahai, J.1. By means of this appeal, the appellant has challenged the judgment and order dated 30-12-1983 passed by II Extra Additional Sessions Judge, Satara in Sessions Case No. 33 of 1983, convicting and sentencing him to undergo imprisonment for life under section 302 I.P.C.2. The deceased Shalan was the wife of the appellant. The evidence is that they were married about 11/2 years prior to the incident. It is alleged that the usual quarrels which take place between husband and wife also used to take place between them.On 6-9-1982, at about 7 a.m. the appellant got up from his sleep and after answering the call of nature, asked Shalan to cook rice. At about 10 a.m. when he returned back from the locality, he censured her for cooking rice and began to assault her. Meanwhile, his sisters-in-law Chandrabhaga Gaikwad, P.W. 3 and Malan Gaikwad, P.W. 5 intervened but, he also assaulted them. Consequently, both of them went away. Thereafter, the appellant again beat Shalan. He took...
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