Mumbai Court July 1998 Judgments
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State of Maharashtra Vs. Datta Maruti Salagar and ors.
Court: Mumbai
Decided on: Jul-10-1998
Reported in: 1998CriLJ3756
Vishnu Sahai, J.1. By means of this appeal the appellant has impugned the judgment and order dated 17th May, 1985 passed by the Judicial Magistrate, First Class, Kurundwad in Criminal Case No. 23 of 1983, acquitting the respondents for an offence punishable under Section 325, IPC. read with 34, IPC.2. In short the prosecution case runs as under:Respondent No. 3, Maruti Bhiva Salagar is the father of respondents Nos. 1 and 2, Datta Maruti Salagar and Subhash Maruti Salagar. About 7 to 8 years prior to the incident, the respondents had mortgaged their land to the informant Ganapati Dhondiba Kale for Rs. 6000/- and ever since then the land was in possession of the informant. At the time of the incident there was Kulathi and Jawar crop on it. 4 days before the incident the respondents had cut the said crop. When the informant reprimanded them they rushed towards him.On 6-6-1983 at about 6 a.m. when the informant was answering the call of nature in the land of one Kumbhar behind the school ...
National Organic Chemical Indus. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-09-1998
Reported in: (1999)(112)ELT638Tri(Mum.)bai
1. This appeal is directed against the order dated 6-6-1998 passed by the Commissioner of Central Excise, Mumbai III. The appellant manufacture PVC resins and PVC compound falling under Chapter 39 of the Central Excise Tariff Act. They are working under Modvat scheme.2. In 1986 they filed Modvat declaration under Rule 57G wherein among other inputs, they declared inputs paper bags also called paper reinforced bags. These bags were used for packing their final products.On 20-3-1989 they further amended the Modvat declaration to read as paper reinforced bags under Chapter sub-heading 3923.90 CETA. The explanation under Rule 57A Central Excise Rules defining inputs also lists excluded items which are not falling within the scope of inputs for the purpose of the rule. This rule was amended to insert a new item by Notification dated 17-9-1990 covering bags or sacks made out of fabrics whether or not coated, covered or laminated with any other material woven from strips or tapes of plastics...
Antonio Filipe Vaz and Others Vs. Comunidade of Margao, Through Its At ...
Court: Mumbai
Decided on: Jul-09-1998
Reported in: 1999(1)BomCR537
ORDERJ.A. Patil, J.1. This appeal arises out of the judgment and Decree dated 26th May, 1993 passed in Regular Civil Appeal No. 1 of 1992 by the District Judge, South Goa at Margao. The learned Judge dismissed the said appeal and confirmed the judgment and decree passed by the Additional Civil Judge, Senior Division, Margao in Regular Civil Suit No. 15247 of 1956/B. The learned Civil Judge had decreed the suit for demarcation of the suit property.2. The appellants herein are original defendants Nos. 1 to 4. The original plaintiff Aleixo Caetano Cardozo of whom present respondents Nos. 2(a) to 2(f) are the legal heirs, had filed the said suit against the appellants and others for demarcation of the property known as 'Cupangali' situated at Cupangali Ward, Margao which was initially described in the Land Registration Office of Selected under No. 33332 and later on registered in the name of the deceased plaintiff under No. 45004. In the plaint, the plaintiff described the boundaries of th...
Gajanan Narayan Malik and Another Vs. Kolte Patil Developers Ltd. and ...
Court: Mumbai
Decided on: Jul-09-1998
Reported in: 1999(2)BomCR118
ORDERF.I. Rebello, J.1. Admit.2. Respondents waive service. By consent, heard forthwith.3. The appellants who are the owners of the land are the original defendants in Special Civil Suit No. 1731 of 1997 filed by the respondents herein. The respondents in that suit had also sought an interim relief by way of temporary injunction. The trial Court by impugned order passed below Exh. 5 has restrained the appellants herein from obstructing and disturbing possession of the plaintiffs and from preventing the plaintiffs/respondents from carrying out development acts pursuant to the Agreement in the suit property. Certain other directions have also been given. It is against this order that the present appeal has been filed.4. Learned Counsel for the appellants has drawn my attention to the agreements between the parties. The first Agreement is styled as a Memorandum of Understanding and is in respect of 8 Acres (3 H & 23 Ares) out of the total area of the property admeasuring 5 H and 18 Ares. ...
Shri Suresh D. Naik Vs. State of Goa, Through Its Secretary (Education ...
Court: Mumbai
Decided on: Jul-09-1998
Reported in: 1998(4)BomCR365; [1999(81)FLR744]
ORDERR.K. Batta, J. 1. The petitioner was appointed as Grade I Teacher for a temporary period of one Academic Year with effect from 30th June, 1981. At the time of the said appointment the petitioner had only a Master's Degree in Pass Class and did not have any Degree in Education/Teaching. He, however, obtained second class Master's Degree in the year 1982 and was appointed on regular basis on probation with effect from 16th March, 1982. He obtained training qualification, as prescribed under Rule 78 of the Rules framed under the Goa Education Act, 1984, on 1st May, 1983.2. The petitioner's case is that he has already completed 12 years of service as Grade I Teacher as on 1st July, 1993 and is entitled to senior scale with effect from 1st July, 1993. This claim of the petitioner was not accepted by the Government and, in fact, the stand taken by Director of Education in affidavit dated 30th August, 1994, is that the petitioner would be entitled to senior scale after completion of 12 y...
Kanchi Fleet Movers Vs. the Collector of Solapur and Others
Court: Mumbai
Decided on: Jul-09-1998
Reported in: 1998(3)ALLMR474; 1998(4)BomCR268; (1998)2BOMLR751; 1998(3)MhLj307
ORDERA.V. Savant, J.1. Heard all the learned Counsels, Shri. A.A. Kumbhakoni for the petitioner, Shri. V.V. Pai, Assistant Government Pleader for Respondent Nos. 1, 2, 3 and 5, and Shri. D.B. Bhosale for Respondent No. 4.2. This petition is taken up for final disposal pursuant to the order dated 24th October, 1997, passed by the Apex Court in Civil Appeal No. 7522 of 1997 arising out of Special Leave Petition (Civil) No. 15335 of 1997. The appeal to the Apex Court arose out of an order dated 5th August, 1997 in Writ Petition No. 3196 of 1997 which was disposed of at the admission stage. The controversy relates to the allotment of a contract for transporting rice under the Mid Day Meal Scheme of the Government of Maharashtra promulgated under the Government Resolution dated 22nd December, 1995 as a part of the National Programme of Nutritional Support to Primary Education, In this petition we are concerned with the allotment of the contract to respondent No. 4 under the order dated 5th ...
Commissioner of Income-tax Vs. Smt. Lalita M. Bhat
Court: Mumbai
Decided on: Jul-09-1998
Reported in: [1998]234ITR319(Bom)
B.P. Saraf, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961 ( 'the Act'), made at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is entitled to set off of share of loss suffered by her in the association of persons known as Nova and Co. ?'2. This reference pertains to the assessment year 1978-79. The assessee is an individual. In her assessment for the assessment year 1978-79, the assessee claimed set off of her share of loss in an association of persons known as Nova and Co. of which she was a member, against her individual income. The Income-tax Officer did not allow this claim for set off as, according to him, the share of loss from the association of persons could not be set off against the other income of the assessee. The assessee challenged this order of ...
Shree Laxmi Textile Processors Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-1998
Reported in: (1998)(79)LC329Tri(Mum.)bai
1. The applications are for dispensing with the pre-deposit and stay of duty amount of Rs. 33,55,355 and a penalty of Rs. One lakh on applicants Shree Laxmi Textile Processors and penalty of Rs. 10,000/- on its Managing Director Shri Shailesh Sarvaiya and Rs. 5,000/- on the other applicant M/s. Ganaraya Transport.2. Shri M.H. Patil, the Id. counsel appearing with Shri Arun Metha, the Id. counsel submitted that in this case the applicants M/s. Shree Laxmi Textile Processors are manufacturing alcohol which is dutiable under sub-heading 1505 of Central Excise Tariff Act and industrial fatty acid which is exempted and falling under the same Tariff heading. Show cause notice has been issued in this case on 5.9.1996 for the period 1.9.1993 to 28.2.1996 on the ground that the applicant Shree Laxmi Textile Processors and M/s. Shell Corporation, of which the applicant Shri Shailesh Sarvaiya is the proprietor, as well as another firm Bhakti Petro Chem Industries, which is an HUF, where the appl...
Sanjay R. Kothari Vs. Mahanagar Telephone Nigam Ltd. and Another
Court: Mumbai
Decided on: Jul-08-1998
Reported in: 1998(4)BomCR496
ORDERDr. B.P. Saraf, J. 1. By this writ petition, the petitioner seeks a direction to the respondent No. 1 Mahanagar Telephone Nigam to refund an amount of Rs. 200-, being the difference between the initial deposit of Rs. 5,000/ and the amount of Rs. 4,800/- adjusted during the period of last 20 years by way of rebate in the rental. The material facts of the case are as follows:The petitioner, who is an advocate by profession, applied for a telephone connection under the 'Own Your Telephone' ('OYT') Scheme on 8th April 1975. Along with the application, the petitioner made a deposit of Rs. 5,000/- as required by Rule 434 of Indian Telegraph Rules, 1951 ('Rules'). The deposit was made on 1st July 1975. The telephone connection was provided to the petitioner on 13th August 1977. By a communication dated 15th December 1977, the Accounts Officer-TR(E), Bombay Telephones (predecessor of respondent No. 1) informed the petitioner that the amount of Rs. 5,000/- deposited by him had been adjuste...
islam Ali Vs. D. Dayaram and Co. and ors.
Court: Mumbai
Decided on: Jul-06-1998
Reported in: (1999)IIILLJ1144Bom
B.N. Srikrishna, J.1. Rule. Returnable forthwith. Respondent Nos. 1 and 2 waive service through Shri Thakkar and Respondent Nos. 3 and 4 waive service through Ms. Desai. By consent, Rule called for and heard.2. This Writ Petition makes a grievance that though the petitioner-workman obtained order in his favour from the 2nd Labour Court, Mumbai, on July 20, 1996 in Application (IDA) No. 228 of 1994 directing Respondent Nos. 1 and 2 to pay the applicant a total amount of Rs. 1, 97,629.89 and though the Assistant Commissioner of Labour by his order dated February 13, 1997 issued a certificate under Section 33-C(4) of the Industrial Disputes Act, 1947, money was not being recovered for one reason or the other. On behalf of the Collector and the Government of Maharashtra it was represented to us that auction sale of the property of Respondent Nos. 1 and 2 could not be held on account of obstructive tactics by them. This reason is too facile to be accepted. The Government has enough power un...
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