Mumbai Court February 1997 Judgments
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Bharat Hiralal Sheth and Others Vs. JaysIn Amarsinh Sampat and Another
Court: Mumbai
Decided on: Feb-14-1997
Reported in: 1997CriLJ2509
ORDER1. Heard the learned Counsel for the petitioners and the respondents. Respondent No. 2 filed criminal complaint against the petitioners in the Court of the Metropolitan Magistrate, 30th Court, Kurla under Sections 193, 465, 467, 468, 471 r./w. 34 of the I.P.C. This complaint was filed in 1981 and it is pending for the last 16 years undecided apparently on account of the attempts of the accused to challenge interim orders. The Magistrate in 1986 decided to frame charges, that order was challenged by the accused before the Sessions Court in revision. The revisional Court remanded the matter back to the Magistrate for passing a detailed and speaking order. Consequently, the Magistrate passed his speaking order on 12th February, 1993 framing charges against the accused under Sections 465, 468 and 471 r./w. 34 of the I.P.C. This order was again challenged by the petitioners before the Sessions Judge in revision by Revision Application No. 158 of 1993 and the revision was decided on 6th...
Vishnu Daga Pagar and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-14-1997
Reported in: 1997BomCR(Cri)636; 1997CriLJ2430
ORDERSahai, J.1. By means of this appeal, the appellants impugn the judgment and order dated 17-5-1984 passed by the Additional Sessions Judge, Nasik in Sessions Case No. 83 of 1983, convicting and sentencing them in the manner stated hereinafter.(i) Vishnu Daga Pagar Under Section 302, IPC to imprisonment for life; (ii) Dilip Daga Pagar Under Section 323, IPC; and (iii) Shenaji Daga Pagar Under Section 324, IPC. The learned trial Judge instead of sentencing the appellants Dilip and Shenaji, released them on probation of good conduct on each of them furnishing a bond of Rs. 700/- and to appear and receive sentence as called upon during the period of two years, from the date of the order, and in the meantime to keep peace and be of good behaviour. We are informed that the appellants Dilip and Shenaji have furnished the required bonds. He however, acquitted them under S. 302, read with 34, IPC. By the said judgment the acquitted Balu Chavan, Arjun Ahira and Rupchand Pagar on all the coun...
Director of Animal Husbandry, Maharashtra State, Pune Vs. Divisional S ...
Court: Mumbai
Decided on: Feb-14-1997
Reported in: [1998(79)FLR433]; (1998)ILLJ1034Bom
1. These three writ petitions under Article 227 of the Constitution of India impugn the orders of the Industrial Court, Pune, dated September 7, 1990 made in Complaints (ULP) Nos. 143 to 147 of 1987 under the provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act').2. Though the facts in these writ petitions are marginally different, the facts common in all the writ petitions are : Respondent-workmen in each of these writ petitions were employed in the service of the Petitioners for more than four years on jobs essentially of a permanent nature. Despite having been employed on work of a permanent nature for periods in excess of four years, and having completed more than 240 days working each of the Respondent workmen was treated, as a temporary employee. The Respondent workmen moved complaints (ULP) Nos. 143 to 147 of 1987 before the Industrial Court at Pune invoking Item 6 of Schedule IV read with ...
Ashlesha Sushil Kadam Vs. Sushil Ramchandra Kadam
Court: Mumbai
Decided on: Feb-14-1997
Reported in: I(1998)DMC535
M.L. Dudhat, J.1. These two Family Court Appeals are arising out of matrimonial disputes between husband and wife. Family Court Appeal No. 130 of 1992 is filed by the wife against the judgment and decree dated 18.10.1991 passed by the Principal Judge, Family Court, at Bandra, Bombay, in M.J. Petition No. 698 of 1986. By the aforesaid judgment and decree, the Family Court dismissed the petition filed by the wife for restitution of conjugal rights. However, the Family Court awarded permanent alimony to the child Tejas at therateofRs.850/-per month from the date of the decree and also further directed that wife will be entitled to receive the said permanent alimony of Rs. 850/- per month for and on behalf of minor child Tejas. Against the said judgment and decree, wife has filed Family Court Appeal being Appeal No. 130 of 1992.Family Court Appeal No. 69 of 1996 is preferred by the husband against the appellant in Family Court Appeal No. 130 of 1992 by challenging the judgment and order da...
Ashok Kumar Jaichand JaIn Vs. Aruna Ashok Kumar Jain
Court: Mumbai
Decided on: Feb-14-1997
Reported in: I(1998)DMC615
P.S. Patankar, J.Heard both sides.Rule.1. The learned Counsel for respondent waives notice. By consent heard forthwith.2. By impugned order dated 29.11.1996 the learned Judge granted interim maintenance at the rate of Rs. 3,000/- for respondent-wife and Rs. 2,000/- for child with effect from 7.2.1994. The learned Judge has also directed to pay expenses of Rs. 4,000/- for litigation. The said order is under challenge.3. There is no dispute that the petitioner is a dealer in whole-sale Ghee business. He states that his annual income is Rs. 50,000/- and he has filed Income-tax Returns for the years 1994-95 and 1995-96. These are in respect of the period after proceedings were initiated. Return just prior to that year is not filed. Considering his business, it is difficult to accept that his annual income is Rs. 50,000/- only. According to respondent his income is Rs. 1,00,000/- per year. Even this cannot be accepted as completely correct at this stage. Some latitude will have to be given....
Angelo Pais Vs. the Sales Tax Officer, Vasco-de-gama Ward and ors.
Court: Mumbai
Decided on: Feb-14-1997
Reported in: 1997(4)ALLMR551; (1997)99BOMLR440
R.M.S. Khandeparkar, J.1. All the above three writ petitions give rise to common questions of law and, therefore, they are being disposed of by this common judgment.2. The points for determination which arise in these petitions are as under:-(1) Whether the insertion of Clause 29A in Article 366 of the Constitution of India automatically confers power on the State Government to collect tax on supply or sale of food stuff without taking consequential steps for necessary amendments in the local Sales Tax Act for that purpose.(2) Whether the provisions in the local Sales Tax Act as they existed at the relevant time, i.e., prior to Goa Sales Tax (Amendment) Act, 1989, authorised the State Government to levy and collect sales tax on supply or service of food stuff?(3) Whether the provisions contained in Entry No. 45 in the Second Schedule read with Entry No. 39 in the First Schedule of the said Act as sought to be interpreted by the Assessing Authorities results in the classification of the...
Shri Suresh S/O Dagoji Sahare Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-14-1997
Reported in: (1997)99BOMLR225
S.S. Mhase, J.1. This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Nagpur, in Sessions Trial No. 643 of 1991 dated 25th February, 1993 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing the appellant to suffer rigorous imprisonment for ten years and to pay a fine of Rs. One Lac, in default to suffer rigorous imprisonment for one year.2. The accused-appellant was found with 150 ml. grams of heroin while his search was being taken by P.W. 7 Shri Shewane, Head Constable, after complying with the procedure required to be followed while effecting the personal search of a person on 19.5.1991 at about 5.30 p. m. at Siddharth Nagar, Nagpur and, therefore, the prosecution under Section 21 of the N.D.P.S. Act of 1985.3. The submission made by the learned Counsel for the appellant does not raise any question pertaining to the non-compliance of the provisions of the N.D.P.S...
Shrisayad Adam Vs. Governor of Goa and ors.
Court: Mumbai
Decided on: Feb-14-1997
Reported in: II(1998)ACC772; 1998(3)ALLMR766
T.K. Chandrashekhara Das, J.1. The petitioner was working as a driver in the police department under the State of Goa. He was appointed as a driver on 10th October, 1959. While he was on duty he met with a road accident on 4th June, 1979 and was severely injured resulting in kiss of the right eye and fracture of mouth bones. The petitioner was unable to perform his duty as a driver for having lost his one eye, therefore, he asked for voluntary retirement under the then law applicable to employees of the Government of Goa. In disputedly, at the time of the accident, the pension rules which were in force and which were applicable to the petitioner were called Estatuto de Funcioiwiismo Ultramarino. An official translation of the relevant articles of those Rules, namely, Articles 324 and 446 has been furnished to us by the Advocate for the petitioner and not disputed by the learned Government Advocate Mr. Bharne. The official translation of Articles 324 and 446 reads as follows:Article 324...
Commissioner of Customs Vs. Sandeep Impex Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-13-1997
Reported in: (1997)LC485Tri(Mum.)bai
1. These are three applications seeking stay of the operation of identical orders of the Collector (Appeals) involving the same issue.These are therefore taken up together for disposal.2. The importers in these cases imported goods under transferable quantity based advance licences. The importers were asked by the Customs to show evidence that all the acrylic fibres imported by them was the same as was used in the final product already exported. The importers approached the Bombay High Court which directed the Customs to decide the matter within a certain time. The Assistant Collector in identical orders held the imported goods as not eligible for duty-free import under the concerned Notification Nos. 80/95-Customs and in the case covered by Order No. S/10-11/96VII Notification No. 204/92-Cus.and ordered payment of duty on merits. The Collector (Appeals) following the ratio of the judgment of the Tribunal in the case of Nitco Marble and Granite P. Ltd. -1996 (63) ECR 111 set aside the...
Smt. D. Kasturi Devi Vs. D. Kalikeshwar Rao
Court: Mumbai
Decided on: Feb-13-1997
Reported in: I(1999)DMC68
R.G. Vaidyanatha, J.1. This is an appeal filed by the appellant against the order dated 7th March, 1991 in Marriage Petition No. 64 of 1990 on the file of the Joint Civil Judge, Senior Division, Thane. Heard the learned Counsel for the appellant. The respondent has not appeared before the Court inspite of service of notice.2. The respondent-husband filed the Marriage Petition in the Trial Court for divorce under Section 13(1A) of the Hindu Marriage Act. The appellant was served with notice and she engaged an Advocate but no written statement was filed. Then subsequently, the learned Trial Court allowed the petition on the basis of affidavit filed by the respondent and granted a decree for divorce. After coming to know of that order, the wife has come up with the present appeal.3. It has also been brought to my notice that the wife, who is residing in the State of West Bengal, had moved the Supreme Court for transfer her case from Thane Court to West Bengal in Transfer Petition (Civil) ...
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