Mumbai Court April 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ramchandra @ Akram Sakharam Gadkari and ors. Vs. Tukaram Subhana Gadka ...
Court: Mumbai
Decided on: Apr-29-1997
Reported in: (1997)99BOMLR769
A.Y. Sakhare, J.1. By the present writ petition under Article 227 of the Constitution, the Petitioners are challenging the order dated 2nd September 1992 passed by the Third Additional District Judge, Satara in Misc. Civil Appeal No. 245 of 1990.2. Regular Civil Suit No. 33 of 1979 was filed by Tukaram Sakharam Gadkari, predecessor of Respondent Nos. 1A to 1J for partition and possession of agricultural lands. After service, the Petitioners engaged Shri J.S. Patil, Advocate. It is necessary to note that the Petitioners are illiterate agriculturists and have to depend upon the legal advise as given to them. The Petitioners advocate was appointed as a Co-operative Court Judge and therefore he could not attend the hearing of the suit. The Petitioners were also unaware about the date given in the suit. Thus on 28th October, 1988 exparte decree was passed by the Trial Court. On 15th January 1990 the Petitioners received a notice from the Circle Inspector about partition of the suit land. On...
Abdul Rashid Khan Mamoo Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Apr-28-1997
Reported in: 1998(1)ALLMR74; 1998(1)BomCR41; 1997(3)MhLj180
ORDERA.P. Shah, J.1. This petition under Article 226 of the Constitution of India raises an important question of law in the matter of reservation of the offices of Mayor in the Municipal Corporations in the State of Maharashtra under section 19(1A) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter called the Act) read with the Maharashtra Municipal Corporations (Reservation of Offices of Mayor) Rules, 1994.2. The elections to the Municipal Corporation of Aurangabad were held on 16th April, 1995. The Municipal Corporation of Aurangabad consists of 82 Councillors elected at the ward elections. Out of 82 seats, only one seat of Councillor being ward No. 55, Kotwalpura, was reserved for Scheduled Tribes. The petitioner had contested the elections and got elected from ward No. 55 which was reserved for the candidate of Scheduled Tribe. The respondent No. 5 was elected from ward No. 56, which was a general category ward and the respondent No. 6 was elected from ward No....
The Food Corporation of India Vs. the General Manager, Northern Railwa ...
Court: Mumbai
Decided on: Apr-28-1997
Reported in: 1999ACJ623; 1997(4)ALLMR548
R.K. Batta, J.1. The Appellant had filed a Suit for recovery of damages against the respondents. The Suit was filed somewhere in the year 1982 and, after recording evidence on either side, learned District Judge, South Goa, Margao dismissed the Suit on 29th Dec. 1989. The Appellant challenged the dismissal of the Suit on various grounds including that the learned District Judge had no jurisdiction to deal with the matter with effect from 8-11-1989 in view of Section 24 of the Railway Claims Tribunal Act, 1987 (hereinafter called 'the said Act').2. Learned Advocate Shri G.R. Sharma, appearing on behalf of the Appellant, urged the same point relating to jurisdiction before me. No one appeared on behalf of the respondents.3. Section 24 of the said Act lays down :--'24. Transfer of pending cases.-- (1) Every suit, claim or other legal proceeding (other than an appeal) pending before any Court, Claims Commissioner or other authority immediately before the appointed day, being a suit, claim ...
St. theresa's High School and Anr. Vs. the State of Maharashtra throug ...
Court: Mumbai
Decided on: Apr-28-1997
Reported in: 1997(4)BomCR499
S.H. Kapadia, J. 1. By this writ petition, Management seeks to challenge the judgment and order passed by the School Tribunal on 1-03-1994 in Appeal No. 12 of 1993 by which the School Tribunal allowed the appeal filed by Respondent No. 2 herein by directing the Management to withdraw the order promoting Respondent No. 3 herein to the post of supervisor forthwith. By the impugned judgment, the School Tribunal further directed the Management to pay to the 2nd respondent herein difference in allowances, if any, from the date of her supersession i.e. 26-11-1992 up to the date of her appointment to the post of Supervisor. 2. The facts giving rise to this writ petition, briefly, are as follows:-3. Respondent No. 2 was appointed as Assistant Teacher on 10-06-1963. Respondent No. 3 was appointed as Assistant Teacher on 10-06-1963. In the circumstances, in the seniority of Assistant Teachers' post, Respondent No. 2 was senior to Respondent No. 3. The post of Assistant teacher is a feeder post a...
Dr. Kandarpat Dholkia and anr. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Apr-28-1997
Reported in: (1997)99BOMLR319
D.G. Deshpande, J.1. Both these petitions arise out of the same order passed by the Metropolitan Magistrate 14th Court Girgaon, Bombay, on 11/08/1993 issuing the process against the accused Nos. 1 to 4 for the offences under Section 304A, 201, 202 and 203 of the Indian Penal Code.2. Cr.Writ Petition No 465/94 is filed by Dr.G.S. Ambardekar and Dr. J.J. Merchant who are accused Nos. 1 and 2 in the original criminal case filed by S.A. Chaturvedi, and Cr. Application No. 3348/93 is filed by Dr. Kandarpa T. Dholakia and Dr.H.R. Jhunjhunwala who are accused Nos. 3 and 4 in the original complaint.3. The complaint was the cause of issue of process against all the petitioners accused, was filed by Respondent S.A. Chaturvedi who was the father of Anand Chaturvedi (deceased) who at the age of 21 had returned from U.S.A. in June, 1992, to India after completing his studies in business management. Immediately thereafter, Anand complained of severe backache. He was examined by Dr. Jhunjhunwala and ...
United Cables Vs. Commr. of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-25-1997
Reported in: (1999)(107)ELT721Tri(Mum.)bai
1. The appeal is against the order of Collector of Central Excise, holding that appellant is not entitled to take Modvat credit of the duty paid on copper rods, and wire bars purchased by it from Hindustan Copper Ltd. for the reason that the document on which the appellant took credit, the certificates issued by the manufacturer of the product certifying the payment of duty was not a valid document for taking credit as it was not so prescribed under Rule 57G.2. One of the arguments for the advocate for the appellant is that the notice is barred by limitation; it is dated 13-4-1991 and is issued in respect of credit taken between 1986-89. He contends that the allegation in the notice and which has been confirmed by the Collector in this order that the appellant resorted to suppression is not correct. He says that the appellant had annexed the documents on which he took credit with the copies of extracts of RG 23A register and other documents which formed part of the RT12 return submitt...
Bfc Officers' Welfare Trust No. Vi Vs. Income-Tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-25-1997
Reported in: (1997)63ITD169(Mum.)
1. These appeals by the assessee are directed against the order of the CIT(A)-V, Mumbai and pertain to the asst. yr. 1989-90.2. The solitary issue raised in these appeals relates to the question that whether the Revenue was correct in subjecting the trust income to the maximum marginal rate as per the provisions of s. 164 of the IT Act, 1961, (hereinafter called the "Act").3. Briefly the facts : Bharat Forge Co. Ltd. is a public limited company. It is controlled by the Kalyani Group of Pune. It created forty trusts. These trusts were said to have been created for the welfare of the employees of the company. All these trusts were created in August, 1980 with an initial contribution of Rs. 1,000 from the company. Subsequently, the company gave another contribution of Rs. 3 lakhs to each of the forty trusts. In 1981, all the forty trusts invested the funds almost in entirety in purchasing the shares of Bharat Forge Co. Ltd. from the market. Each trust purchased 5,700 to 6,000 shares on a...
Nachane Ashiwni Shivram and ors. Etc. Vs. State of Maharashtra and anr ...
Court: Mumbai
Decided on: Apr-25-1997
Reported in: 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234
Ashok Agarwal, J.1. A Division Bench at Bombay is not ad idem with the views expressed by similar Benches, one at Nagpur and the other at Aurangabad. The Honourable the Chief Justice has, in the circumstances, constituted the present Full Bench to resolve the difference.Part-I :-- Questions referred to this Full Bench 2. The difference relates to a vexed question relating to admission to the medical colleges, an issue which has now, almost become an annual feature.3. Facts, which have given rise to the present controversy may be stated. The Bombay Municipal Corporation (for short 'B.M.C.') is conducting three medical colleges and one dental college in the city of Bombay. The three colleges have an intake capacity of 400 students per year. The B.M.C. is conducting these colleges according to rules framed by it. It has been controlling the admissions to its medical colleges. The State Government, however, by a resolution dated the 5th of May, 1994 and 15th of June, 1994 sought to include...
Kashiram S/O Rajaram Kathane Vs. Bhartiya R.B. Damle Gram Sudhar Tatha ...
Court: Mumbai
Decided on: Apr-25-1997
Reported in: 1997(3)ALLMR388; 1997(4)BomCR398
L. Manoharan, J.1. The petitioner was appointed as an assistant teacher on 26-6-1969 in the school belonging to the 1st respondent. He was later confirmed on 26-9-1971 and was promoted as Head Master with effect from 1-7-1973. While he was so working as Head Master, on certain allegations of misconduct his explanation was called for by the 2nd respondent and he submitted his explanation. As his explanation was found to be not satisfactory, the management decided to conduct an enquiry against the petitioner. Accordingly, a committee was constituted, as is required under Rule 36(2)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter called as the Rules), to enquire into the allegations against the petitioner. The charges were duly framed and served on the petitioner. The petitioner filed his reply to the charges. The Committee found him guilty and decided to terminate his services and the management implemented the said decision by issuing ...
Laxman S/O Shriram Mhaske Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-25-1997
Reported in: 1998BomCR(Cri)372
ORDERN.P. Chapalgaonker, J.1. The appellant was charged with murder of Hiraman Apparao Sarvade, by stabbing him on 5th October 1992. He was found guilty in sessions Case No. 4/93 by the Additional Sessions Judge, Ambajogai, and was sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- in default was directed to undergo further R.I. for six months. This order dated 20-8-1993 is challenged in this appeal. Deceased Hiraman and present appellant Laxman are distant relatives. Daughter of Hiraman and sister of the accused Laxman are married to two real brothers Shivaji and Mariba. 5th October was a Dasera day. Hiraman had gone to weekly Bazar in Kaij. It appears that some quarrel broke out between Parimala and her mother Phulabai with deceased Hiraman and there was some exchange of blows. In the evening accused-appellant came to the residence of Hiraman and asked as to why he had assaulted Parimala and her mother Phulabai. Hiraman replied that he had not even touched them...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »