Mumbai Court August 1997 Judgments
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Real Value Appliances Ltd. Vs. Vardhaman Spinning and General Mills Lt ...
Court: Mumbai
Decided on: Aug-08-1997
Reported in: 1997(4)ALLMR306
Dr. B.P. Saraf, J.1. This appeal is directed against the order of the learned single judge, dated October 18, 1996, on the company petition filed by the respondents for winding up of the appellant company, by which the learned single judge appointed the official liquidator as the provisional liquidator of the appellant company. When this appeal came up for admission on November 4, 1996, it was contended before us on behalf of the appellant company that its financial condition was quite sound and the interest of the unsecured creditors was fully secured. It was submitted that failure of the appellant company to pay its creditors in time was only because of temporary liquidity crunch and for no other reason. We were told that the appellant company was in a position to pay all its unsecured creditors. Time was sought till December 2, 1996, to submit a scheme for paying the unsecured creditors. In view of these submissions of the appellant company, the hearing of this appeal for admission ...
Emco Lenze Pvt. Ltd. Vs. Emco Precima Engg. Pvt. Ltd.
Court: Mumbai
Decided on: Aug-08-1997
Reported in: 1998(3)ALLMR799; 1998(2)BomCR180
ORDERS.S. Nijjar, J.1. This suit has been filed by Emco Lenze Pvt. Ltd., against Emco Precima Pvt. Ltd., for an order of perpetual injunction restraining the defendants from using the word 'Emco' as part of their corporate name or trading style so as to pass off the defendants goods as that of the plaintiffs. The perpetual injunction is also sought for restraining the defendants from using in relation to any clutches, brakes or combination thereof the mark Emco or any other deceptively similar mark so as toinfringe the plaintiffs' trade mark bearing Application Nos. 540525 and 543 848 dated 23rd November, 1990 and 21st January, 1991 respectively with the Trade Mark Registry when registered. A sum of Rs. 50 lakhs is claimed by way of damages or in the alternative it is prayed that the defendants be ordered and decreed to render a true and faithful accounts of all the profits earned by the defendants by using the trade mark Emco.2. According to the plaintiffs Ishwarlal Damodar Gandhi, Ch...
Richardson and Crudas (1972) Ltd. Vs. Association of Engineering Works ...
Court: Mumbai
Decided on: Aug-08-1997
Reported in: (1998)ILLJ346Bom
ORDER1. Leave to amend the writ petition granted. Necessary Amendment be carried out forthwith. 2. The Petitioner seeks to contend that in relation to Petitioner company M/s. Richardson & Crudas (1972) Limited, the appropriate Government is the Central Government under Section 2(a) of the Industrial Disputes Act and, therefore, the proceedings against the Petitioner company under the Maharashtra Recognition of, Trade Unions and Prevention of Unfair Labour Practices Act, 1971 was not maintainable and complaint is liable to be dismissed on that ground alone. Since complaint is not maintainable according to the Petitioner the order passed by the Industrial Court on April 29, 1997 under Section 32 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, Act, 1971 is not sustainable. In support of his contentions Mr. Kochar relied upon the order passed On June 23, 1997 in Writ Petitions and Crudas (1972) Limited v. Mr. G. S. Baj and Anr. 2. The learned couns...
Armed Forces Ex-Officers Multi-Service Co-op. Society Ltd. and Ors. Vs ...
Court: Mumbai
Decided on: Aug-08-1997
Reported in: (1999)IIILLJ1369Bom
B.B. Vagyani, J.1. The petitioners seek to challenge the legality and validity of recovery orders dated February 11, 1988 issued by respondent No. 2, under Section 45-B of the Employees' State Insurance Act, 1948.2. In brief, the facts giving rise to the present writ petition are as under :3. The petitioner No. 1 is the Co-operative Society which is registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner-Society is engaged in the work of providing different services to its clients and customers such as Security Service, Transport Service, Canteen Service etc. The petitioner Nos. 2 to 25 are its working Members. The total number of Members of the Petitioner-Society is around 190, out of which, work of supervision and office administration of the Society is done on Honorarium basis, by the petitioner Nos. 2 to 25. The petitioner Nos. 2 to 25 are doing honorary work for the petitioner No. 1 -Society, by accepting Honorarium.4. The membership of the Society is res...
Akhil Bharat Krishi Go Seva Sangh Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-08-1997
Reported in: 1998BomCR(Cri)227
ORDERVishnu Sahai, J. 1. The petitioner is a social service organisation and a public charitable trust, registered under the Societies Registration Act, 1860 and Bombay Public Trusts Act, 1950 and is engaged in preservation of animals and effective implementation of the provisions of Maharashtra Preservation of Animals Act, 1976. By this petition, it has impugned the order dated 17-5-91, passed by AC.Jt. J.M.F.C., Malegaon, District Nasik, handing over pending trial, the interim custody of 25 catties heads seized in respect of C.R. No. 50/91 of Azad Nagar Police Station to respondent No. 2 on his executing a bond of Rs. 50,000/- and some other conditions.2. On 17-5-91, P.S.I. Dalvi of Azad Nagar Police Station, Malegaon, lodged a F.I.R. against respondent No. 2, alleging therein that two constables who were on patrol duty at about 3.30 a.m. the same day saw a Matador which stood near the milk dairy. Since it was designed as an open Matador but was covered, he got suspicious. He searche...
Alice Norman Vs. Narcotic Control Bureau, Ballard Pier, Bombay
Court: Mumbai
Decided on: Aug-08-1997
Reported in: 1998BomCR(Cri)215
ORDERA.B. Palkar, J.1. The appellant (original accused No.1) has challenged her conviction and consequent sentence passed against her by the learned Addl. Sessions Judge, Greater Bombay, for different offences under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') and the Customs Act. The appellant (hereinafter referred to as the 'accused') was convicted for the offence punishable under section 8(c) read with section 21 of the N.D.P.S. Act and sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1 lakh, in default to suffer R.I. for one year. She is also convicted for offences punishable under section 8(c) read with sections 23 and 28 of the N.D.P.S. Act and is sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1 lakh, in default to suffer R.I. for one year. She was further convicted for the offence punishable under section 135(1)(a) read with section 135(1)(ii) of the Customs Act, 1962 and was sentenced tosu...
Commissioner of Central Excise Vs. Neelikon Dyestuffs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1997
Reported in: (1997)(96)ELT193Tri(Mum.)bai
1. This is a Departmental appeal against the Order-in-Appeal passed by the Collector of (Customs & Central Excise (Appeals), Bombay dated 26-2-1990 classifying the goods as covering under sub-heading 3808.10 varying the Order-in-Original passed by the Assistant Collector classifying the goods as covering under sub-heading 2915.90. The Assistant Collector by the Order-in-Original dated 6-10-1988 has noted the following facts. The Respondents were having a central excise licence for the manufacture of excisable goods. They filed classification list with effect from 1-3-1986 for their products Calcium Propionate classifying the same under sub-heading 3801.20 at Nil rate. A second classification list was filed by them with effect from 1-3-1987 for the same products classifying the same under sub-heading No. 3808.10 charging the same at Nil rate of duty. Both were approved provisional pending chemical test and for further inquiry. On 29-7-1987 sample was received from Deputy Chief Chem...
Collector of Customs Vs. Asea Brown Boveri Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1997
Reported in: (1997)(72)LC835Tri(Mum.)bai
1. The Revenue is aggrieved by the order of the Collector of Customs (Appeals) Bombay classifying 'Arc Chamber Insulator' imported by the respondents herein under sub-heading 8546.20 of the Customs Tariff Act according to the Revenue, the imported item is insulator fittings for circuit breakers and are parts of circuit breakers and therefore, covered appropriately by sub-heading 8547.10 of the Customs Tariff.2. We have heard Shri Ojha, learned DR and Shri Willingdon Christian learned Advocate and carefully considered their submissions. We find from the catalogue of SF 6 circuit breaker that insulating column forms part of the circuit breaker. The respondents do not dispute that the item in question is a part of circuit breaker. Therefore, the question that remains to be seen is whether an item which is an insulator but ready to fit article and actually fitted to a circuit breaker will be covered by the description of insulating fittings for electrical machines, appliances or equipment...
Anandrao Sarjerao Engawale Through His Legal Heirs Vs. Mansingh Ramrao ...
Court: Mumbai
Decided on: Aug-07-1997
Reported in: 1998(1)ALLMR466; 1998(1)BomCR264
ORDERT.K. Chandra Shekhara Das, J.1. The judgment and decree passed by the Civil Judge, Senior Division, Kolhapur in Special Civil Suit No. 159 of 1981 dated 21st February, 1986 is under challenge in this appeal. The appellants are the plaintiffs in the suit. The original plaintiff filed the suit for declaration of possession and title of the suit property and also for recovery of possession and other consequential reliefs. By the impugned judgment, the Court below dismissed the suit.2. The case of the plaintiffs-appellants is that the suit property is an apartment which is a part of the building situated in Ward-B C.S. No. 2606 B, admeasuring 331.9 Sq. metres in Kolhapur Municipal Corporation. Half portion of the building has been purchased by the plaintiffs and other half portion was purchased by one V.T. Ghatage. The two apartments comprise in Eastern part and Western part of the building. The plaintiffs purchased the Western portion of the property and V.T. Ghatage purchased Easter...
Shrinath Manohar Keskar Vs. the State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-07-1997
Reported in: 1998(5)BomCR175
ORDERR.G. Deshpande, J.1. Rule returnable forthwith. Taken up for hearing with the consent of the parties.2. The petitioner, who at the relevant time was a student, was offended becauseof an untoward act on the part of the respondent No. 2- Ajit Dalvi, who undoubtedlycould be said to be a respectable and responsible person in the society, as he isworking as a Lecturer in a college. Regular Criminal Case No. 250/ 88 was initiatedagainst the present respondent No. 2 for the offences punishable under sections 324and 504 of the Indian Penal Code on the allegations that on 23rd November, 1988,while the petitioner was studying in the gallery of his house, the respondent No. 2 theaccused for no justifiable reason and without any provocation, threw chilly powder inhis eyes and thereby caused him physical agony as well as mental torture. On thesame day, i.e. after about 11/2 hours, necessary complaint was lodged in the policestation and after the chargesheet was put up in the Court, the respond...
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