Mumbai Court February 1997 Judgments
Shri Shridhar and Baba Keshav Phadke and ors. Vs. Shri Shivram and Bal ...
Court: Mumbai
Decided on: Feb-26-1997
Reported in: (1997)99BOMLR744
R.C. Vaidyanatha, J.1. This is an appeal against the order dated 23.12.1988 in Special Civil Suit No. 50 of 1984 on the file of V. Joint Civil Judge, Senior Division, Pune. Heard both the sides.2. The respondents filed a petition for probate in the Court below against the appellants in Misc. Application 299 of 1981. The appellants appeared before the Court and filed their objections. Since the probate proceedings were contested, the Trial Court treated the Miscellaneous application as a suit and registered it as as Special Civil Suit. The original objections filed by the appellants was treated as written statement. Both the parties adduced evidence in support of their rival contentions. After recording evidence and hearing both the sides, the trial Court decreed the suit by granting a Letter of Administration. Being aggrieved by the judgment and decree of the Trial Court, the original defendants have come up with the present appeal.3. Few facts which are necessary for the disposal of t...
Tag this Judgment!Lipi Boilers (P) Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-25-1997
Reported in: (1997)(71)LC923Tri(Mum.)bai
1. The appellants imported goods declaring these to be Boiler Quality Alloy Seamless Tubes conforming to ASTM-A-213-T-11. They claimed concessional rate of duty under notification No. 86/86-Cus. dt.17.2.1986 as amended by Notification No. 93/87/CUS. dt. 1.3.1987 under Sl. No. 5 of the aforesaid notification. This notification exempts vide SI. No. 5 of the table annexed thereto tubes and pipes for boilers falling CTH: 84.02. The Assistant Collector rejected the claim on the ground that tubes are meant for super heater coils and the super heater is an auxiliary plant for use in Boilers sub-heading 84.02 and is classifiable under CTH 84.04. Collector (Appeals) rejected the plea.2. Arguing for the Appellants the Ld. Counsel submits that there is no dispute in regard to classification of these seamless tubes which are assessable under CTH: 73.04. SI. No. 5 of Notification No. 86/86-Cus.dt. 17.2.1986 exempts tubes and pipes for boilers falling under CTH 84.02. they are actual manufacturer o...
Tag this Judgment!Bharat Mining and Engg. Co. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-25-1997
Reported in: (1998)229ITR60(Mum.)
1. This is an appellant's appeal against the order of the Commissioner of Income-tax, Bombay City-I, Bombay dated 30th March, 1993 passed under section 263 of the Income-tax Act, 1961, holding that the assessment made by the Assessing Officer dated 31-10-1990 for the assessment year 1989-90 was erroneous and prejudicial to the interests of the revenue. All the grounds of appeal relate to the said only one issue. The Commissioner of Income-tax, Bombay City-I, Bombay set aside the assessment order on the ground of granting relief of Rs. 54,94,805 under section 80HHC of the Income-tax Act, 1961 and directed the Assessing Officer to rework the said relief.2. Mr. Arvind Sonde, the learned Representative for the appellant submitted, at the time of hearing this appeal, that all the material facts were disclosed before the Assessing Officer in respect of the claim of relief under section 80HHC. The Assessing Officer applied his mind and granted the said relief. He submitted that the Commissio...
Tag this Judgment!Managing Director, Bombay Film Laboratory Ltd. Vs. Vasule. L.G. and an ...
Court: Mumbai
Decided on: Feb-25-1997
Reported in: 1997(3)BomCR585; (1998)ILLJ208Bom; 1997(2)MhLj386
1. A public limited Company engaged in business of processing of films terminated services of 60 workmen which included first respondent who was working as a Senior Developer - Reason given for termination slackness in business along letter of termination. The management offered retrenchment compensation wages in lieu of one month's notice and earned salary. The letter of retrenchment along with the above amount in cash was tendered to first respondent and other workmen, who refused to accept the same. First respondent raised industrial dispute claiming reinstatement in service and the same was referred to adjudication in Labour Court. Labour Court recorded its findings that statutory dues had been tendered to first respondent but he refused to accept the same Labour Court took the view that there was short payment of compensation and therefore there was violation of Section 25-F of Industrial Disputes Act. However Labour Court declined to Grant relief of reinstatement and granted comp...
Tag this Judgment!Hasan Ali S/O Mohammaad Ali and anr. Vs. the Collector and ors.
Court: Mumbai
Decided on: Feb-25-1997
Reported in: 1997(4)BomCR281
S. Radhakrishnan, J.1. Rule. Rule made returnable forthwith by consent. Heard the Counsel at length.2. The brief facts of the case are that on 19th January, 1997, the general elections of the Municipal Council, Kamptee was held in which 30 Councillors from 30 wards were elected and out of these 30 wards, 8 wards were reserved for Other Backward Community (O.B.C.). On 21st January, 1997, the results of the above elections were declared and 30 Councillors were duly elected. The petitioner No. 1 was elected from Ward No. 5. The petitioner No. 2 was elected from Ward No. 20 and the respondent No. 3 was elected from Ward No. 27. The respondent No. 1 being the Collector had called the meeting of the Councillors for election of the President which meeting was to be held on 7th February, 1997 under section 51 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 (hereinafter referred to as the said Act for the sake of brevity). The seat of the President was re...
Tag this Judgment!State of Maharashtra Vs. Suresh Nivrutti Bhusarre and Others
Court: Mumbai
Decided on: Feb-25-1997
Reported in: 1998BomCR(Cri)51; 1999CriLJ895
ORDERVishnu Sahai, J.1. The appellant aggrieved by the judgment and order dated 11-5-1984, passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 117 of 1983, acquitting the respondents for an offence punishable under section 376 I.P.C. and 342 I.P.C., has preferred the present appeal under section 378(1) Cr.P.C. 2. Briefly stated the prosecution case as emerging from the evidence of the prosecutrix Gangubai Nisal, runs as follows :---Gangubai Nisal, P.W. 3 was married to Santu Nisal about three years prior to the incident. Ever since her marriage, she was living with Santu in village Nalegaon within the limits of Taluka Dindori, District Nasik. She was the second wife of Santu. The name of the first wife has not come in evidence. All the three respondents are also said to be residents of village Nalegaon. On 28-7-1983, her husband Santu along with his first wife had gone to the field for agricultural operations. It was decided that she would carry food to the field. At a...
Tag this Judgment!Vithal Sopan Raut Vs. Shri Vishnu Raoji Raut and ors.
Court: Mumbai
Decided on: Feb-25-1997
Reported in: (1997)99BOMLR43
D.K. Deshmukh, J.1. By this petition filed under Article 227 of the Constitution of India, the petitioner-tenant challenges the concurrent findings of fact recorded by both the Courts below under the Bombay Rent Act on the ground of bona fide need and the finding recorded in favour of the landlords by the Appellate Court on the ground of default.2. The petitioner is a tenant in relation to open space admeasuring 20' x 10', C.T.S. No. 2514, situate at Barshi. The original landlord filed the suit claiming that he needs the suit premises for setting up of business of his son Yeshwant and also claiming that the tenant was in arrears of rent. The trial Court found the ground of bona fide need of the landlord as proved. However, it held that the tenant is not a defaulter. The Appellate Court confirmed the finding of the trial Court on the question of bona fide need. However, it reversed the finding of the trial Court on the question whether the petitioner-tenant is a defaulter or not.3. The ...
Tag this Judgment!Smt. Shantidevi Omprakash Sharma Vs. Shri Gulab Mahabal Tiwari
Court: Mumbai
Decided on: Feb-25-1997
Reported in: (1998)100BOMLR193
D.K. Deshmukh, J.1. By this Civil Revision Application, filed under Article 227 of the Constitution of India, the petitioner challenges the order dated 25th March, 1996, passed by the Competent Authority (Rent Act), Konkan Division, Bombay, under the provisions of the Bombay Renst, Hotel and Lodging House Rates Control Act, 1947, (for short the 'Bombay Rent Act') in Case No. 4 of 1990. By that order, the Competent Authority directed the petitioner to hand over possession of the suit premises i.e. room No. 1, Gulab Tiwari Chawl, Anandgadh Park Site, Vikhroli (West), Bombay to the respondent. Case No. 4 of 1990 was registered because the respondent submitted an application under Section 13(a)(2) of the Bombay Rent Act. He claimed in the said application that he is a owner of the suit premises and that by an agreement dated 1.8.1989, he has created a licence of the room in favour of the petitioner. The licence was for a period of 11 months. According to the petitioner, after expiry of the...
Tag this Judgment!The State of Maharashtra Vs. Abbas Ismail Shaikh
Court: Mumbai
Decided on: Feb-25-1997
Reported in: (1998)100BOMLR740
R.P. Desai, J.1. The Respondent was tried in the Court of Judicial Magistrate, First Class (Railway) Daund, at Daund in Reg. Criminal Case No. 49 of 1981 for having committed offence punishable Under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, for selling adulterated groundnut oil, on 14.10.1980 at about 10.00 a.m. at Daund Railway Station.2. By his judgment and order dated 22.3.1984, the learned Magistrate acquitted the accused (Respondent) of the said offence. The State of Maharashtra has impugned the said judgment and order of acquittal in this appeal.3. At the trial the case of the prosecution was as under :On 14.10.1980, the Complainant Divisional Health and Food Inspector, S.D. More, visited the Food Stall of M/s. Y.R. Khan along with Health Inspector Shri Barde and his Khalashi in order to collect samples from the said stall which is situated on the platform of Daund Railway Station. The Respondent is a Vendor of M/s. Y.R. Khan. The complaina...
Tag this Judgment!State of Maharashtra Vs. Bhanudas Sommanna Sangolkar
Court: Mumbai
Decided on: Feb-24-1997
Reported in: 1997BomCR(Cri)678; 1997CriLJ3205
Sahai, J.1. The Appellant, aggrieved by the Judgment and Order dated 26th August, 1983 passed by the Additional Sessions Judge, Sangli, in Sessions case No. 16 of 1983, acquitting the Respondent for an offence punishable under Sections 302 r/w 34 I.P.C. and 201 r/w 34 I.P.C., has come up in appeal before us. It is pertinent to point out that alongwith the Respondent, his two real brothers Jyoti Somanna Sangolkar and Hariba Somanna Sangolkar were also tried, but they have been acquitted vide the impugned judgment. 2. Briefly stated, the prosecution case runs as under : Deceased Jaywant Appa Sangolkar was the cousin of the Respondent and the acquitted accused. He, the Respondent and the acquitted accused, resided in Sangolkar Vasti, which is situated at a distance of about 1/2 k.m. from village Khairav. The house of Jaywant Appa Sangolkar was adjacent to that of Respondent. At the time of the incident, Jaywant was residing in his house with his wife Kondabai (PW-11), the informant; his s...
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