Mumbai Court March 1997 Judgments
Balkrishna Dattatraya Butte, Since Deceased by His Legal Heirs and ors ...
Court: Mumbai
Decided on: Mar-06-1997
Reported in: 1998(2)ALLMR740; (1998)100BOMLR88
R.M. Lodha, J.1. This appeal is directed against the remand order passed by 2nd Additional District Judge Sangli on March 8, 1988 whereby the said Court allowed the appeal filed by the original defendant No. 1 and set aside the judgment and decree passed by the 2nd Joint Civil Judge, Junior Division, Sangli on 31.3.1980 and remanded the matter to the trial Court with the direction that the original defendant No. 1 Dattatraya S. Mohite be given an opportunity to lead the evidence and thereafter decide the rival contentions between the parties.2. Balku Dattatraya Butte and Mrs. Kusum Vasantrao Jadhav the original plaintiffs filed a suit against Mr. Datta Shankar Mohite and Gangabai Maruti Dabhade, original defendants in the Court of 2nd Joint Civil Judge, Junior Division, Sangli. Plaintiffs are son and daughter of Dattatraya Baburao Butte. Dattatraya had one wife Ramabai but no issue was born out of that wedlock. Dattatraya then contracted second marriage with Sunderabai, mother of the p...
Tag this Judgment!Schlafhorst Engg. (i) Ltd. Vs. Commissioner of C Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-05-1997
Reported in: (1998)(102)ELT428Tri(Mum.)bai
2. Appellant Company was earlier known as Padmatex Engineering Ltd. On an application made by it the Registrar of Companies issued orders dated 10th October, 1994 permitting the Company's name to be changed to Schlafhorst Engineering (India) Ltd. This letter was received by the appellant on 28-11-1994 although the appellant communicated the change of name to the department by its letter dated 16-12-1994.3. The appellant had placed orders for components for the textile machinery manufactured by it some time in 1994. These consignments arrived in Bombay port in July and November, 1994. The goods were cleared by filing bills of entry as usual which bore the importer's name, this name being the earlier name of the Company. After clearance they were sent to the appellant's factory at Halol in Gujarat. At the factory, credit was taken of the additional duty of Customs paid on the goods on importation. This was objected to on the ground that the bill of entry bore the name of the importer wh...
Tag this Judgment!N.A. Mohammed Kunhi Vs. Commissioner of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-05-1997
Reported in: (1998)(98)ELT569Tri(Mum.)bai
1. The appeal is against the captioned order passed by the Addl.Commissioner of Customs (P), Mumbai.2. The facts of the case are that, as a result of search of baggage of the passenger called Shri Gangareddy Gangaram who arrived from Dubai at Sahar airport, Mumbai on 23-7-1987, resulted in the recovery of foreign marked gold in the form of 50 gold bars weighing 5830 gms. The gold bars were recovered from the suit case being carried by Shri Gangareddy Gangaram. In his statement following the seizure, Shri Gangareddy Gangaram stated that the gold bars were given to him at Dubai by the appellant and he had carried the same for a consideration as the carrier for Rs. 4,000/- to be paid to him. He also identified a photograph of the appellant as the man who had given the gold to him at Dubai. It also emerges from the statement of the carrier that the appellant was introduced to Gangareddy through One Rajanna in Dubai.Rajanna's telephone number was recovered from the carrier and that number ...
Tag this Judgment!Dr. Balasaheb Sheshrao Bharaswadkar Vs. the Director, Medical Educatio ...
Court: Mumbai
Decided on: Mar-05-1997
Reported in: 1998(1)BomCR67; 1997(3)MhLj386
ORDERA.D. Mane, J.1. The petitioner is a father of student Ganesh, who is admitted to First Year M.B.B.S. course in a Private Medical College, namely, Medical College, Nasik. The petitioner applied for transfer of his son from Medical College Nasik to Government Medical College, Aurangabad on basis of a policy of the Government.2. The Rules for migration/transfer of students from one recognised Medical College to another recognised Medical College provide that, he/she who seeks transfer/migration shall be a candidate from a Medical College, which is recognised by the Medical Council of India and he/she shall have obtained No Objection Certificate from that college. He/she shall be within 5 per cent of the students recommended by that college as per Medical Council of India guidelines and as such No Objection Certificate shall have been issued on the basis of merit by the college.3. The petitioner submits that the Medical Council of India published Recommendations on Graduate Medical Ed...
Tag this Judgment!Dattu Sakharam Khairnar @ Sutar and anr. Vs. Punja Laxman Shinde, Sinc ...
Court: Mumbai
Decided on: Mar-05-1997
Reported in: 1997(4)BomCR295
R.M. Lodha, J.1. The original plaintiffs have come up in second appeal before this Court challenging the judgment and decree passed by the Extra Jt. District Judge, Nasik on 19-12-86 whereby the said Court allowed the original defendant's appeal and set-aside the judgment and decree passed by 2nd Jt. Civil Judge, Senior Division, Nasik on 31-10-1980.2. The original plaintiffs viz. Dattu Sakharam Khairnar and Laxman Sakharam Khairnar filed a suit for redemption of mortgage of suit lands comprising Gat No. 32 and 36 described in para-1 of the plaint against the original defendant Punja Laxman Shinde (since deceased and now represented by his legal representatives) and for possession and mesne profits of the suit land in the year 1977. It was inter alia averred by the plaintiffs that in the year 1968 they were in need of money and when they approached the defendant for advancing loan, the defendant agreed to advance loan of Rs. 9000/- provided the aforesaid property was sold by the plaint...
Tag this Judgment!Bhagwan Rambhau Karankal Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-05-1997
Reported in: 1997(4)BomCR457
N.P. Chapalgaonker, J. 1. This is a petition by one Shri Bhagvan Rambhau Karankal, who is elected as a Municipal Councillor for Dhule Municipal Council in the month of December 1996. The petition challenges a notice purported to have been issued under section 51(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter called as Municipalities Act for the purpose of brevity) by respondent No. 2 Collector, Dhule by which the members of the Dhule Municipal Council were called upon to elect President in a meeting which was scheduled to take place on 21-12-1996. The challenge is to a note in the said notice specifying that the Council will have to elect the President for a period ending on 26-2-1997 from un-reserved category.2. It is contended by the petitioner that as provided by section 52 of the Municipalities Act, the term of office of the President shall be one year. Therefore, the newly elected members of the Council have a right to el...
Tag this Judgment!Converter Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-04-1997
Reported in: (1999)(112)ELT980Tri(Mum.)bai
1. The issue for decision in this appeal is whether the goods described as containers in unassembled condition and used for packing boxes of matches is to be classified under Heading 1419.11 or Heading 1419.19 of the Central Excise Tariff.3. The product consists of a sheet of paper in two layers, merely with an internal coating of bitumen, stuck-together. We have our reservations as to whether such a sheet of paper can be considered to be a container in the form in which the sheet exists, it appears to us that it can be used for many purposes other than for packing. It is also difficult for us to agree that a sheet of paper used to wrap some goods becomes by that act, a packing container within the meaning of Heading 48.90. However, these are not the issues in the appeal and we therefore do not propose to dwell further on these aspects.3. It is the appellant's claim that because the goods are used to pack matchboxes, which is filled with matchsticks, these are actually used to pack th...
Tag this Judgment!Union of India Vs. M/S. Navilakha and Sons
Court: Mumbai
Decided on: Mar-04-1997
Reported in: AIR1997Bom209; 1997(2)MhLj737
1. These Civil Revision Applications which are filed under Section 25 of the Provincial Small Cause Courts Act involve common question of law. Hence they are disposed of by this common judgment. 2. The facts involved in these Revision Applications are broadly similar. In all these matters the respondents sent certain goods through Central Railway owned by the petitioner. There was negligence on the part of the petitioners and hence respondents suffered damages. The opponents issued notices under Section 78(b) of the Indian Railways Act, 1890 making claims. The petitioners sent cheques for various amounts. They also informed the opponents that the cheques are sent in full and final settlement of the claims and the cheques should be sent back if the amount was not acceptable. As the cheques were for lesser amounts than the claims made, the opponents accepted the cheques under protest, and except in the case of Civil Revision Application No. 138 of 1988. In fact in Civil Revision Applicat...
Tag this Judgment!Shrimati and ors. Vs. Sudhakar R. Bhatkar and ors.
Court: Mumbai
Decided on: Mar-04-1997
Reported in: 1998(1)ALLMR648; 1997(4)BomCR237
R.M. Lodha, J.1. On 15-12-1980 the Civil Judge, Junior Division, Rajapur dismissed the plaintiffs suit for declaration that the gift deed dated 15-12-1968 was not binding on her and other incidental reliefs. The District-Judge, Ratnagiri affirmed the said judgment and decree on 18-2-1986. This second appeal filed under Section 100 of Code of Civil Procedure is directed against the aforesaid concurrent judgment and decree.2. One Motiram Mugadum was originally owner of the suit properties comprising of survey Nos. 158/9, 164/3, 48/6, 48/9, 44/8 and 31/4 situate at village Tulsawade and house property being Grampanchayat No. 13 situate at village Tulsawade. Motiram Magadum died and after his death Shrimati Motiram Sakharam Magadum (original plaintiff) became the owner and was in possession and enjoyment of the aforesaid properties. The part of the house property was let out by original plaintiff to village panchayat. Tulsawade for rent of Rs. 60/- per year somewhere in the year 1967. Shri...
Tag this Judgment!Adi S. Mehta Vs. Adil. G. Illava
Court: Mumbai
Decided on: Mar-04-1997
Reported in: AIR1998Bom107; 1997(4)ALLMR698; 1997(3)BomCR178
S.S. Nijjar, J. 1. The plaintiff has filed this suit for a declaration that the defendant is a trespasser in respect of the suit flat and has no right, title or interest therein or to continue to use the same. He further prayed that, the defendant be ordered to forthwith quit and vacate the suit flat, remove his belonging lying there, and 16 hand over the same to the plaintiff. A claim for recovery of Rs. 7 lakhs as mesne profits is also made. It is further prayed that the defendant be directed to pay a sum of Rs. 20,000/- per month from February, 1995 onwards as mesne profits till the date the vacant possession is handed over to the plaintiff. Appointment of Receiver of the suit flat is prayed for as an interim in measure. A prayer for injunction is also made.2. This Notice of Motion has been taken out to the appointment of a Receiver of the suit flat with power to take possession of the flat from the defendant and put the plaintiff in possession of the suit flat on such terms as this...
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