Mumbai Court February 1997 Judgments
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National Sports Club of India and ors. Vs. Nandlal Dwarkadas Chhabria ...
Court: Mumbai
Decided on: Feb-24-1997
Reported in: 1998(1)ALLMR236; 1997(3)BomCR565
R.G. Vaidyanatha, J.1. These are two appeals filed by the respective parties against the judgment and decree dated 18-7-1996 in Suit No. 4457/95 on the file of City Civil Court, Bombay. First Appeal No. 1618/96 is filed by the original defendants against the decree passed by the trial Court. First Appeal No. 1625/96 is an appeal filed by the original plaintiffs against the dismissal of part of the suit claim on the ground of limitation. Common arguments were addressed by both the sides regarding both the appeals, hence, both appeals are being disposed of by this common judgment. 2. The parties will be referred to as per their rank and title in the Court below. Nandlal D. Chhabria and three others-plaintiffs jointly filed a suit in the trial Court against the National Sports Club of India and its office bearers. 3. The plaintiffs' case in brief is as follows :-The plaintiffs are the life members of the first defendant Club National Sports Club of India since 1950. The Club is registered...
Kalavati Dinkar Adsule and ors. Vs. Rajaram Shidu Ghatge
Court: Mumbai
Decided on: Feb-24-1997
Reported in: 1997(3)ALLMR140; 1997(4)BomCR346
R.M. Lodha, J.1. The sole question that requires consideration in this second appeal is : Whether the Will Exhibit-79 executed by Balu Mahadu on 17-5-76 is duly proved, valid and genuine?2. The trial Court held that the plaintiff propounder of Will was not able to explain the suspicious circumstances satisfactorily surrounding the execution of the Will and, therefore, dismissed the plaintiff's suit on 30-8-1980. The first Appellate Court disagreed with the decision of the trial Court. The first Appellate Court vide judgment and decree dated 24-1-1985 held that the plaintiff has successfully dispelled the circumstances sought to be shown as suspicious by the defendant Nos. 1 to 3 and the Will Exhibit-79 has been duly proved by the plaintiff propounder and the same is valid. The Appellate Court accordingly decreed plaintiff's suit.3. The second appeal arises from the facts which may be summarised with brevity and these facts are :-One Balu Mahadu Holmukhe vide registered sale deed purcha...
Ghamaji Nana Bansode Vs. Smt. Asha Ghamaji Bansode
Court: Mumbai
Decided on: Feb-24-1997
Reported in: I(1999)DMC381
R.G. Vaidyanatha, J.1. This is the husband's appeal against the judgment dated 26.11.1991 in Marriage Petition No. 31 of 1988 on the file of II Joint Civil Judge, Senior Division, Thane. Today, the appeal is taken up for final hearing. None appeared for the appellant. Heard Mr. B.J. Mulchandani, the learned Counsel appearing for respondent.2. The appellant-husband filed a petition for declaration that marriage between him and the respondent as nullity and alternatively for divorce. His case was that his consent for marriage was taken without disclosing that the respondent was suffering from T.B. and thereby fraud has been committed in obtaining his consent. He, therefore wants the marriage to be declared a nullity. Then he also alleged mental cruelty and desertion on the part of the wife and on these two grounds he wanted the decree for divorce.Respondent-wife appeared in the Trial Court and contested the proceedings by filing written statement.After framing appropriate issues and afte...
Smt. Jayabai D/O Gangadas Gokaldas Vs. Smt. Hemlata Hiralal and ors.
Court: Mumbai
Decided on: Feb-24-1997
Reported in: (1997)99BOMLR513
D.K. Deshmukh, J.1. Rule. By consent of parties, Rule made returnable forthwith and heard finally.2. This is a tenants' petition filed under Article 227 of the Constitution of India challenging the judgment passed by the Appeal late Bench of the Small Causes Court at Bombay in Appeal No. 715 of 1985, on 27.11.1996. The appeal was filed by the petitioner-tenants against the judgment and decree passed by the Judge, Small Causes Court, Bombay, on 21.9.1985, in R.A.E. Suit No. 487 of 1977, filed by the respondant-landlords.3. The petitioner-tenants are in occupation of 3 rooms in the suit building. The trial Court has passed a partial decree which reads as under:Defendants are hereby directed to quit, vacate and hand over peaceful and vacant possession of rooms described as 'A' and 'B' on the sketch Ex.K. Defendant No. 3 is entitled to retain room described as 'C' and attached nhani or bathroom with him. Plaintiffs to approach the appropriate court forgetting the standard rent fixed in res...
Mrs. Nisha Mulchandani Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-21-1997
Reported in: (1997)63ITD138(Mum.)
1. The assessee individual has filed this appeal under the Wealth-tax Act, 1957 (hereinafter referred to as the Act) aggrieved by the order of Commissioner of Wealth-tax (Appeals) [hereinafter referred to as CWT(A)]. The grievance raised by the assessee in the appeal is that the CWT(A) had dismissed her appeal on a flimsy and technical flaw of non-filing of the certificate of the Chartered Accountant concerning the valuation of quoted shares that it had exercised the option as allowed in Rule 9A of Schedule III to the Act.2. The facts are briefly stated hereunder. The assessee had filed her return that comprised quoted shares of companies. The statement of shares was attached to the return of wealth containing a remark 'average value as per Rule 9A'. The Assessing Officer (referred to as AO) however refused to accept the value indicated in the said statement because it was not accompanied by the certificate of an accountant which was a mandatory requirement and accordingly concluded t...
Kalyani Mukund Ltd. Vs. Gas Authority of India Ltd. and ors.
Court: Mumbai
Decided on: Feb-21-1997
Reported in: (1997)99BOMLR743
P.S. patankar, J.1. Rule.The learned Advocates for Respondents waive notice.Heard both sides.2. The short question involved is whether the Court at Alibag. District Raigad is having territorial jurisdiction to decide the suit or not?3. The learned Civil Judge, S.D., Alibag raised the issue of territorial jurisdiction as a preliminary one, and answered in the negatived. The learned Civil Judge, S.D. Alibag came to the conclusion that the contract between the Petitioner and Respondent No. 1 was signed at New Delhi and project was proposed to be implemented in Raigad District (State of Maharashtra). However, no part of project was implemented in Raigad and hence Alibag Court will have no jurisdiction to decide the suit. The said order dated 3.2.1997 is under challenge in this revision.4. The Petitioner alleged in the plaint that cause of action arose on 27.7.1995 when the Ministry of Petroleum and Natural Gas, Central Government informed the Petitioner that allocation of the Gas for the p...
Mukund Limited Vs. Shri Gajanan Shantaram Sakre and ors.
Court: Mumbai
Decided on: Feb-21-1997
Reported in: (1997)99BOMLR407
B.N. Srikrishna, J.1. This writ petition under Article 226 of the Constitution of India challenges the order dated 20th November 1992 made in Revision Application (ULP) No. 63 of 1987 by the Member, Industrial Court, Thane allowing the Revision Application and setting aside the order dated 29th May, 1987 made by the Labour Court, Thane in Complaint (ULP) No. 62 of 1987, & W.P. 5243 of 1992 both under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The first Respondent was employed as a Stores Clerk in the service of the Petitioner for about 14 years. On 25th November, 1979 at about 5.15 p.m. one lorry was carrying material from the Petitioner's Kalwe Plant to its Kurla Plant. Just outside the main gale, the lorry was checked by one Goradia, Materials Manager, and Jamadar Kadam of Security Department and a bag containing approximately 50kgs. of Ferro Molybdenum, a costly chemical also known as Ferro-moly, valued at Rs. 22,000/- was seen bein...
Commissioner of Customs Vs. New Rosy Enterprises
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-20-1997
Reported in: (1998)(100)ELT374Tri(Mum.)bai
1. The facts of the case are that the respondent imported a consignment of Ferrite Cores and filed a Bill of Entry for their clearance in July, 1994 in the Bombay Custom House. The respondent claimed classification of the goods under Heading 85.05 of the Customs Tariff Act as parts of Electro Magnets. The Asstt. Commissioner of Customs however ordered classification of the goods under sub-heading 8529.00 C.T.A. which covers parts suitable for use principally with the apparatus of Headings 85.25 to 85.28. These apparatus include transmission apparatus for radio-telephony, Radar apparatus, radio navigational aid apparatus, receiption apparatus for radio-telephony and television receivers. The classification was so ordered on the ground that this classification has been decided upon by the Tribunal in its decision in the case of Commissioner v. Cosmo Ferrites -1994 (70) E.L.T. 613. The appeal against this order was allowed by the Commissioner (Appeals) who held that as per Section Note 2...
Commissioner of Customs Vs. Himson Textile Engg. Indus. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-20-1997
Reported in: (1997)(93)ELT301Tri(Mum.)bai
1. M/s. Himson Textiles Engineering Industries Pvt. Ltd. had entered into an agreement with M/s. Reiter-Scragg Ltd. (Scragg) on 1-10-1985 for manufacturing and selling of the Super High Speed Draw Texturising Machine Model SDS 1100 and DCE 1200".M/s. Scragg grants M/s. Himson rights and powers to manufacture and sell the products, licence to use in India any Patent rights which M/s.Scragg possess or may come to possess as regards the processor on the machines and all necessary licences under patent rights.Royalty/lump-sum paid under this agreement shall constitute full compensation for use of patent right. Right to use trade mark was also granted to M/s. Himson Textiles.The Buyers were to make payment in the form of a lump-sum know-how fees of 60,000 /- Pounds Sterling (net of Taxes) and royalty equal to five per cent of the net invoiced sale price of all Machines and Parts for the machines sold by M/s. Himson in India and 7.5% on export subject to taxes for a period of 5 years.The As...
State of Maharashtra Vs. Uttam Karbhari Dhage and Another
Court: Mumbai
Decided on: Feb-20-1997
Reported in: 1997BomCR(Cri)670; 1997CriLJ2513
Sahai, J.1. The appellant, aggrieved by the Judgment and order dated 30th June, 1984, passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 43 of 1984, acquitting the respondents for the offences punishable under Section 302 r./w. 34, I.P.C., has come up in appeal before us. 2. Briefly stated, the prosecution case runs as under : Deceased Jijabai was the wife of respondent-Uttam Karbhari Dhage and the sister-in-law of respondent-Bhaguji Lahanu Dhage. The evidence is that both the respondents were cousin brother. It is alleged that Jijabai used to reside with Uttam Karbhari Dhage in village Pathardi situated at a distance of about 8 to 10 miles from Nasik. It is said that Uttam Karbhari Dhage used to ill-treat Jijabai. It is also said that he was addicted to drinking and had developed illicit relations with wife of respondent-Bhaguji Lahanu Dhage. The latter was residing in Tidke Colony at Nasik. The intensity of the sour relationship between Uttam Karbhari Dhage and Jija...
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