Mumbai Court July 1997 Judgments
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Bombay Gas Public Ltd. Co. Vs. Narayan Sabaji Sarmalkar and ors.
Court: Mumbai
Decided on: Jul-21-1997
Reported in: [1998(80)FLR856]
R.M. Lodha, J. 1. The arguments in the writ petition were concluded on 17-7-1997. However, the order was not dictated since Mr. Singh, the learned counsel for the respondents desired to file affidavit of one the respondents to state on oath that no application for bonus for the years 1980 and 1981 is pending before the Labour Court by any of the workmen covered by the order dated 10.7.1984. Accordingly, in view of the desire expressed by Mr. Singh, the matter was fixed today for dictation of order. Mr. Singh, the learned counsel for the respondents candidly submits that the affidavit which has been prepared by his clients is not in accordance with the order passed by that Court on 17.7.1997. In this view of the matter, the affidavit cannot be taken on record after the arguments have already been concluded on 17.7.1997. 2. Though the subject matter of the writ petition relates to the payment of bonus to the workmen for the years 1980 and 1981 and the impugned order was passed on 10.7.19...
Shri Murari Balwant Metkar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-19-1997
Reported in: 1998BomCR(Cri)414; 1998(3)MhLj1006
ORDERVishnu Sahai, J.1. By means of this revision, the applicant impugns the judgment and order dated 7th July, 1992, passed by the II Addl. Sessions Judge, Nashik, in Criminal Appeal No. 38 of 1988, whereby the judgment and order dated 4-4-88, passed by the Judicial Magistrate, First Class, Pimpalgaon-Baswant, Dist. Nasik, convicting and sentencing him to undergo 3 months R.I. and to pay a fine of Rs. 1,000/ -, in default to suffer R.I. for two months, for the offence under section 468 I.P.C. has been confirmed.2. I have perused the impugned judgments and I find that there is good evidence on the basis on which the applicant has been convicted for the offence under section 468 I.P.C. That evidence has been comprehensively set out in the impugned judgments and therefore, I am not making any reference to it. It is well settled that in its revisional jurisdiction, this Court does not act as a third Court of fact. It interferes with the finding of fact only if they are perverse and this c...
Cyanides and Chemicals Co. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-18-1997
Reported in: (1997)(96)ELT661Tri(Mum.)bai
1. This is an appeal filed against the decision of Additional Collector of Central Excise, Surat made in File No. 20/MP/90/Addl. Collr/SRT, dated 16-10-1990 whereunder appellant was denied the exemption claimed by the appellant in terms of Notification No. 81 /75.2. Facts of the case are that appellants are engaged in the manufacture of cyanides falling under Chapter Heading 28 of the Central Excise Tariff Act, 1985. For the manufacture of final product they were receiving sulphuric acid and ammonia both falling under Chapter 28.Appellant claimed exemption in terms of Notification No. 81/75, dated 22-3-1975 and Notification of 40/85, dated 17-3-1985. The adjudicating officer by the impugned order had held that during the period 1984 to 1987 appellants had used 83.911 MT of Ammonia and 1770.561 MT of sulphuric acid for the purposes other than manufacture of fertilisers, particularly the quantity of sulphuric acid had been received by Chapter X procedure directly for the manufacture of ...
Commissioner of Central Excise Vs. Simba Chips P. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-17-1997
Reported in: (1997)(96)ELT381Tri(Mum.)bai
3. In the order impugned in the department's appeal, the Collector (Appeals) has held that the "potato salli" manufactured by the assessee, and sold to its buyers in polythene packages which did not contain any particulars, either on the packet or in a slip of paper inside the packet about the [weight] of the contents, was not "unit container" within the meaning of Note to Section IV of the Tariff and therefore, the goods were classifiable under sub-heading 2001.90.4. The contentions in the department's appeal are that the Note to Chapter Section IV does not require that for a container to be considered a "Unit Container" there should be an indication as to the quantity of goods that it contains and that in the view of the method of packing used, since there is no doubt that each of the polythene packet contained one kilogram of the goods the packets were unit containers and therefore, the goods are classifiable under sub-heading 10 of Heading 20.01.5. The Note to Section IV defines t...
Madhukar Murari Pawaskar Vs. Hindustan Spinning and Weaving Mills Ltd. ...
Court: Mumbai
Decided on: Jul-17-1997
Reported in: 1998(1)BomCR688
ORDERS.S. Nijjar, J.1. The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for the issuance of writ of certiorari quashing the order dated 31-1-1986 passed by the second respondent in Application (L.C.B.) No. 1327 of 1980 and the order passed by the third respondent dated 15th September, 1986 in Appeal (I.C.) No. 14 of 1986.2. The petitioner was working in the Folding Department of the Opponent Mill. In 1973 he met with an accident and had lost his four fingers and the thumb of his right hand. He was, therefore, given lighter work of piece checker. He was served with a charge sheet dated 31st July, 1980 alleging that he had assaulted one Shri Rajaram. He gave his explanation on 2nd August, 1980 stating that he was sick from 25th July, 1980 till 31st July, 1980 and was confined to bed. He had not entered the premises of the Mill on 31st July, 1980. A domestic enquiry was held and he was dismissed from service by an order dated 27th Sept...
Mohd. Ismail and Etc. Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Jul-17-1997
Reported in: 1998BomCR(Cri)336; (1998)1BOMLR377; 1998CriLJ136; 1998(1)MhLj25
S.P. Kulkarni, J.1. In its legislative appearance, since 1989, S. 32-A of the Narcotic Drugs & Psychotropic Substances Act found it difficult to overcome its vulnerability in the Courts of law and it often allowed legal battles to be fought over the subject of ascertaining its true meaning, and also about what it precisely spoke. It could not easily protect itself from being misunderstood or stoutly protect itself from being chosen as a target worth shooting at. 2. Before us, in the present proceedings, a question that has been posed is as to whether the High Court, while entertaining an appeal against the conviction under the NDPS Act has the same power available to it under S. 389, Cr.P.C. to allow suspension of a sentence during the pendency of such appeal and to release the appellant/accused on bail. As a further corollary of this main issue, we have been required to record our observations as to on what occasions power of suspending sentence awarded under that Act would be availab...
Shri Vivek S/O Gajiram Kadgaye and Another Vs. the Education Officer a ...
Court: Mumbai
Decided on: Jul-17-1997
Reported in: 1998(1)ALLMR83; 1998(2)BomCR534
ORDERB.H. Marlapalle, J. 1. Head the learned Counsel for the respective parties. As both the petitions involve common facts and also points to be decided, they are heard and decided together. 2. Writ Petition No. 1201/96 has been filed by one Shri Pandurang s/o Atmaramji Tijare, who is Assistant Teacher in respondent No. 3 School along with respondent No. 4 who has filed Writ Petition No 971/97. The petitioner in Writ Petition No. 1201/96 Shri Tijare passed his D.Ed. examination in 1970 and came to be appointed as Assistant Teacher with the respondent No. 3 School with effect from 1-7-1970. While he was so working, he passed his B.A. examination in 1974 and by Resolution dated 3-8-1977 passed by the respondent No. 3 School, he came to be granted pay-scale of High School Teacher. He subsequently passed his B.Ed. examination in 1984. As against this petitioner in Writ Petition No. 971/97 Shri V.G. Kadgaye has passed his B.Ed. examination in 1983 and came to be appointed as Assistant Teac...
Shri Babu Parasu Kaikadi Since Deceased Through His Legal Heirs and Re ...
Court: Mumbai
Decided on: Jul-17-1997
Reported in: 1998(3)ALLMR819; 1998(2)BomCR673; 1998(3)MhLj19
ORDERF.I. Rebello, J.1. The petitioner-tenant, now represented by his legal heirs, by this petition impugns the order dated 15-6-1988 passed by the Maharashtra Revenue Tribunal, Pune, which allowed the Revision Application filed by the respondent-landlord.2. The genesis of the dispute arose when the Aval Karkun commenced an enquiry under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the B.T. & A.L. Act). Initially an enquiry was initiated in the year 1960 wherein the statements of the petitioner-tenant and the respondent-landlord were recorded. On recording of the statements the Tenancy Aval Karkun held that the land bearing R.S. No. 372/4, 372/6, 372/8 and 393/2 of village Shenoli were tenanted to Shri Babu Parasu Kaikadi, now represented by his legal heirs in this Court upto the year 1955-56 and that in the year 1956-57 the landlord took unlawful possession without taking an order under section 29(2) of B.T. & A.L. Act. It has however...
Ramnath Rangnath Thorat and Another Vs. the State of Maharashtra and A ...
Court: Mumbai
Decided on: Jul-17-1997
Reported in: 1998BomCR(Cri)239
ORDERVishnu Sahai, J. 1. By this appeal, the appellants have assailed the judgment and order dated 27-9-1990, passed by the II Additional Sessions Judge, Nasik, in Sessions trial No. 2/90, convicting and sentencing each of them to undergo 3 years R.I. and pay a fine of Rs. 1,000/- in default to suffer R.I. for 6 months, for an offence under section 304 Part II r/w 34 I.PC.2. In short, the prosecution case is that the two appellants, the deceased Bhagwat and Vasant were real brothers. The evidence is that the appellants and Bhagwat, used' to live in contiguous huts in village Panchale, Taluka Sinnar, District Nasik. The three of them used to take water from a common well, by turns. On the date of the incident, i.e. 8-9-1989, it was the turn of Bhagwat to take water.Same morning at about 7 a.m. Bhagwat and his bataidar Jairam P.W. 4 went to the common well to take water. At that time, appellant Ramnath and his wife, Vimal were removing the leather of foot-valve, from the electric motor, ...
Kashinath Trimbaksingh Pardeshi Vs. the State of Maharashtra and Anoth ...
Court: Mumbai
Decided on: Jul-16-1997
Reported in: 1998(1)BomCR526
ORDERA.V. Savant, J.1. Perused our earlier order dated 13th June, 1997 and the two affidavits filed thereafter by the concerned Deputy Secretary Shri Shankar Vithalrao Nalavade. The first affidavit is dated 21st June, 1997 and the second affidavit is dated 16th July, 1997.2. Rule. By consent, rule made returnable forthwith. Heard both the learned Counsel.3. This petition presents the unfortunate plight of the persons who claim pensionon the ground that they are freedom fighters. Unfortunately, in the 50th year ofindependence, we find that the treatment meted out to many persons like the presentpetitioner is far from happy. We have already indicated our displeasure at the responseof the State Government to the orders passed by this Court form time to time commencingwith the order dated 19th December, 1994 passed in Writ Petition No. 5242 of 1994followed by the order dated 21st June, 1996 passed in Contempt Petition No. 27 of 1996.4. As far as this petitioner is concerned, only two groun...
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