Mumbai Court July 1998 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.
The State of Maharashtra Vs. Vindychal Kamha Kewat
Court: Mumbai
Decided on: Jul-06-1998
Reported in: (1998)100BOMLR61
T.K. Chandrashekhara Das, J.1. This appeal has been preferred by the State of Maharashtra against the acquittal of the respondent of offence punishable under Section 395 or Section 396 of I.P.C. passed by the Additional Sessions Judge, Thane on 31.8.1984 in Sessions Case No. 35 of 1984.2. The respondent and other four persons stood charged for committing offence under Section 395 and 396 I.P.C. by committing the murder of one Chandulal Shah at 9.45 p.m. on 11-10-1983 on the road in the area known as Kanhere, Taluka Bhiwandi, District Thane. The respondent committed the murder of Chandulal Shah and committed dacoity of property worth Rs. 29,980/- along with one calculator, 2 cheques, one mangalsutra and documents belonging to the complainant Shantilal Shah.3. According to the prosecution, one Harakchand Shah and Virchand Shah, who are brothers were running a grocery shop known as New Janta Stores at Kanhere, at Bhiwandi, District Thane. They were assisted by Shantilal Shah and deceased ...
Bhatia Films Sale (P) Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-03-1998
Reported in: (1998)(79)LC870Tri(Mum.)bai
1. The appeal is directed against order in original dated 7.12.1990 passed by Additional Collector of Customs, Bombay confiscating a consignment of what was declared as camera parts by the appellant which was imported from Hong Kong but giving an option for their redemption on payment of fine of Rs. three lakhs in lieu of confiscation in addition to imposing penalty of Rs. 50,000/-. The said action was taken on the ground that from the goods imported, complete camera could be assembled with the help of just screws and as such the import was hit by entry No. 172 of Appendix 2B of the Import Trade Control Policy for 1990-93. The value of the goods was also held to have been misdeclared and the rate of US $ 9 per piece shown in the invoice was increased to US $ 15.8 per piece on the basis of prices mentioned in price list of another supplier of Hong-Kong submitted by the appellant. On this basis the declared value of Rs. 1,94,472/- for the imported consignment was enhanced to Rs. 3,34,27...
Shri Chandramohan S. Madkaikar Vs. Shri Manohar Roghuvir Borkar (Since ...
Court: Mumbai
Decided on: Jul-03-1998
Reported in: 1998(4)ALLMR586; 1998(4)BomCR209
ORDERR.K. Batta, J. 1. The original respondent/landlord (since deceased) now represented by his widow; son and daughter had filed eviction proceedings before the Additional Rent Controller, Ponda against the present petitioner on the grounds contained in section 22(2)(a), (b) and (f) as well as section 23 of the Goa, Daman and Diu Buildings (Lease, Rent, and Eviction) Control Act. 1968 (hereinafter called the said Act). 2. The original respondent/landlord is owner of the building denominated 'Durga Prasad' commonly known as 'Borkar's House' at Tisk, Ponda, Goa and this building consists of six tenements. Two of the tenements are in the basement and four tenements are on the ground floor. Each tenement has two rooms, one independent balcony with independent entrance, one W.C. and one bathroom. One of the said tenements was leased to the present petitioner sometime in September, 1974. The case of the original respondent is that the present petitioner fell in arrears of rent from June, 19...
Smt. Shantabai S. Caculo and Others Vs. Dr. Naziazeno Fernandes
Court: Mumbai
Decided on: Jul-03-1998
Reported in: 1998(4)ALLMR574; 1998(4)BomCR198
ORDERR.K. Batta, J. 1. The appellants had filed a suit for injunction seeking to restrain the respondent from executing Proceedings No. 31/62 on the ground that the said proceedings and application dated 6-5-1967 were without jurisdiction and null and void. An application for temporary injunction was fled which has been rejected by Civil Judge, S.D., Panaji vide impugned Older dated 17th August, 1993 which is subject matter of challenge in this appeal. In order to appreciate the controversy between the parties, it is necessary to have a bird's eye view of what had transpired prior to the ting of this suit for permanent injunction. 2. The truck belonging to the respondent was insured with the Companhia de Seguros de Bonanca (a Portuguese Insurance Company) which was represented in Goa by its general Agent Shridhora S.B. Caculo. The said truck had met with an accident and on 24-9-1962 the respondent filed an application against the said Insurance Company in which claim for damages sustai...
Shri Rajaram Rau Patil Vs. Shri Marcel De Piedade Braganza and Others
Court: Mumbai
Decided on: Jul-03-1998
Reported in: 1998(4)ALLMR592; 1998(4)BomCR203
ORDERR.K. Batta, J. 1. The appellant had filed a suit for declaration and permanent injunction. The declaration is sought in relation to lawful possession of the property 'Maida' having various survey numbers, out of which survey Nos. 3/1, 4/1, 6/1 and 10/1 are disputed properties which have been referred to as the suit property. The appellant also sought declaration that the sale deed executed by defendants No. 1 and2 on or about 11-4-85 and registered on or about 3-7-1985 in favour of defendant No.3 in respect of the suit property is null and void. Defendants No. 1, 2 and 3 are respondents No. 1, 2 and 3 in this appeal. The appellant had also sought injunction to restrain defendants No. 3 to 5 in the suit who are respondents No. 3 to 5 in appeal from in any manner disturbing the possession of the appellant in respect of the suit property. Civil Judge, S.D. had initially granted ex-parte injunction on 20th April, 1988 and had issued show cause notice to the defendants. Defendant No. 3...
Deutsche Bank Vs. Shri S.P. Kala and Another
Court: Mumbai
Decided on: Jul-03-1998
Reported in: 1998(4)BomCR235; [1999]98CompCas841(Bom)
ORDERR.K. Batta, J. 1. The plaintiff- Bank had, in or about November, 1983, on the request made by the second defendant, in his then capacity as sole proprietor of the firm 'Sea Transportation Enterprises Private Limited' sanctioned several credit facilities including overdraft facility. Subsequently, the said firm was incorporated as company and in pursuance of a resolution passed by the Board of Directors of the Company on 5th January, 1984, all the liabilities of the said proprietory firm were taken over by the said company. On the request of the second defendant, therefore, the plaintiff transferred to the name of the company the credit facilities which were then enjoyed by the said firm together with the debit balances of the said firm. By an agreement of hypothecation dated 21st September, 1984 the said Company created first charge of all their products, moveable property and goods as well as their book debts, monies, receivables, claims etc. as security for payment of all amount...
Shri Chandrakant Harmalkar and Another Vs. Smt. Sumati Sagun Harmalkar ...
Court: Mumbai
Decided on: Jul-03-1998
Reported in: 1999(2)ALLMR208; 1998(4)BomCR356
ORDERJ.A. Patil, J. 1. The appellants herein are the original defendants against whom the respondents-plaintiffs had filed the suit for declaration and injunction. The declaration sought was that the Gift Deed dated 27th February 1976 executed by defendant No. 1 in favour of defendants 2 and 3 was null and void and the injunction sought was for restraining the defendants from making any construction upon the suit property. The trial Court decreed the suit partly but the first Appellate Court decreed it fully. Feeling aggrieved thereby, the defendants have preferred this appeal.2. The relevant facts necessary for the decision of this appeal are in brief that according to the plaintiffs, plaintiff No. 1 Sumati was married to deceased defendant No. 1 Sagun and that plaintiff No. 2 Bhikaji and plaintiff No. 4 Krishnabai are the son and daughter respectively of the said Sagun. It was further averred in the plaint that the suit property was purchased by plaintiff No. 2 Bhikaji in the name of...
Shri Ayyub Khan S/O Lal Khan Pathan Vs. Shri A.K. Srivastava, Joint Se ...
Court: Mumbai
Decided on: Jul-03-1998
Reported in: (1998)100BOMLR348
N. Arumugham, J.1. The present Writ Petition is filed under Article 226 of the Constitution of India praying to quash the detention order passed by the Detaining Authority, namely, the Respondent No. 1 in F. No. 801/4/96-PJTNDPS dated 15th February, 1996 under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1988 (hereafter referred to as the NDPS Act).2. At about 0310 hours on 11th August, 1995 on intelligence received by the Narcotic Control Bureau, intercepted Omarsaib Mahammad Yousouf Khan and Bibi Issimdar Naziana with her son Boodhoo Mahammad Yaseen outside the gate of departure module II, NIPT, Sahar International Airport, Bombay as all the three were found loitering near the cabin of Air India assistance in a suspicious manner. They were all taken to their office as the activities of the said people were tallying with their intelligence received already for the purpose of investigation. At, about 0445 hours on 11.8.95 in the presence of panchas, the officers of...
M/S. Hindustan Distilleries Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-02-1998
Reported in: 1998(4)BomCR803
ORDERA.B. Palkar, J.1. This writ petition, filed by M/s. Hindustan Distilleries, seeks an appropriate writ, order or direction to the respondents, directing them to issue license, known as CL-l, to the petitioner, in pursuance of its application, which the Government of Maharashtra had earlier decided to sanction and in turn, to set aside the order dated 28-5-1997 passed by the Honourable Minister, State Excise, bearing Order No. SUT/1096/21-EXC-3.Facts are not very much in dispute and therefore, the brief resume will suffice to appreciate the controversy.2. Petitioner was holding a license for manufacture of Indian make Foreign Liquor, which is known as PLL license under the provisions of Bombay Prohibition Act, 1949 (for brevity, hereinafter, 'the Act of 1949') and the Maharashtra Distilleries of Spirit and Manufacture of Potable Liquor Rules, 1966, whereas for country liquor the relevant rules are Maharashtra Country Liquor Rules 1973 (for brevity, hereinafter, 'the Rules of 1973')....
The State of Maharashtra Vs. Mohan Radhkrishna Pednekar
Court: Mumbai
Decided on: Jul-02-1998
Reported in: 1999(5)BomCR792; 1998CriLJ3771; 1999(2)MhLj459
ORDERT.K. Chandra Sekhara Das, J.1. While Criminal Revision Application No. 432 of 1984 has been filed by The Maharashtra State Co-operative Bank for setting aside the order of acquittal passed by the learned Metropolitan Magistrate, XXII Court, Andheri in Criminal Case No. 480/P of 1979 dated 25-7-1984 and for remanding the case for fresh trial to the learned Metropolitan Magistrate, Criminal Appeal No. 95 of 1985 has been filed by the State of Maharashtra against the same order of acquittal of respondent Mohan Radhakrishna Pednekar for the offence punishable under section 408 I.P.C. and for setting aside the said order.Since both these matters arise out of the same set of facts and a common judgment we are disposing them off by one judgment.2. The brief facts of the case runs as under:The respondent was working as a Head Cashier at The Maharashtra State Co-operative Bank, Vile Parle (West) Branch, Bombay, from 12-10-1978 onwards. On 21-10-1978 the safe of the bank was closed by the r...
- ‹ Prev
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 13
- Next ›
- Last »