Mumbai Court October 1999 Judgments
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Shri Shankar Gopal Patil and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-14-1999
Reported in: 2000(5)BomCR360; 2000BomCR(Cri)360
ORDERD.G. Deshpande, J.1. Appeal No. 336 of 1996 is filed by the State against the acquittal of original Accused Nos. 2 and 4 to 12. Appeal No. 371 of 1996 is filed by original accused No. 2 against his conviction and Appeal No. 135 of 1996 is filed by original accused No. 1 and 3 against their conviction. 2. All the accused Nos. 1 to 12 have been prosecuted under section 302 read with section 149 of the Indian Penal Code, under sections 326, 307 read with section 34 of the Indian Penal Code, under section 27 of the Arms Act read with section 34 of the Indian Penal Code and separately under sections 147, 148 and 149 of the Indian Penal Code. 3. All the Accused Nos. 1 to 12 were acquitted for the offences punishable under sections 147, 148 and 149 of the Indian Penal Code. And out of 12 accused, Accused Nos. 1, 2, 3, 7 and 8 have been convicted. Accused Nos. 1 and 3 are convicted under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer imprisonment for lif...
Sureshchandra Mahabir Prasad Mantri and Others Vs. State of Maharashtr ...
Court: Mumbai
Decided on: Oct-14-1999
Reported in: 2000(5)BomCR568; 2000(2)MhLj633
ORDERDr. Pratibha Upasani, J.1. These two writ petitions can be disposed ofby a common judgment and order as they are in the nature of cross writ petitions filed by the respective parties against each other and the question involved also, is the same, in both the petitions. 2. The first petition i.e. Criminal Writ Petition No. 58 of 1993, is filed by petitioner Nos. 1 to 4, praying that the Show Cause Notices dated 21st November, 1992 (Exh. B Collectively annexed to the petition) and proceedings before the concerned authorities in Chapter Case No. 8 of 1992 be quashed and set aside. Chandrarekha Harishchandra Mantri, who is the petitioner in the next petition i.e. Criminal Writ Petition No. 276 of 1993, is joined as respondent No. 2 in this petition. As against this, the petitioner in Writ Petition No. 276 of 1993 is Chandrarekha and she has joined the petitioners in Writ Petition No. 58 of 1993 as respondent Nos. 2 to 5 in Writ Petition No. 276 of 1993 and has prayed that the show cau...
Panditrao Shamrao Bhongade and ors. Vs. Sunanda and Wd./O Nagesh Dongr ...
Court: Mumbai
Decided on: Oct-14-1999
Reported in: I(2000)ACC522; 2001ACJ1469; [2000(85)FLR420]; (2001)IIILLJ524Bom
A.B. Palkar, J.1. This appeal is preferred by original non-applicants No. 1 to 3 against whom the order is passed by the Workmen's Compensation Commissioner calling upon them to pay Rs. 87,388/- as compensation to the heirs or deceased Nagesh. The facts which are not more or less in dispute and germane for the decision of the present appeal arc as below :The original non-applicants No. 1 to 3 (appellants herein) owned and possessed a plot on the southern bank of Amba Nala at Amravati where they were making the construction of their building known as 'Bhangade Complex' (hereinafter referred to as shopping complex). They employed original non-applicant No. 4 as Contractor for carrying out the construction work. Deceased Nagesh was employed by the Contractor original non-applicant No. 4 for construction work as a labourer. On May 23, 1990 at about 3.30 p.m. the non-applicant No. 3 asked Nagesh and 3/4 other workers, who were doing the work at construction site of the said complex to lower...
Dilip Ramkrishna Suryavanshi and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-14-1999
Reported in: (2000)102BOMLR518
Shafi S. Parkar, J.1. The appellants have challenged in this Appeal the order of the 3rd Addl. Sessions Judge, Sangli dated 14.12.1990 in Sessions Case No. 31 of 1989 convicting them under Section 149 of the I.P.C. and directing them to execute a bond to keep good behaviour for a period of two years in the sum of Rs. 2000/- under Section 360 of the Cr. P.C.2. The appellants were charged in the Trial Court for several offences as follows :Firstly, they were charged for the offence of rioting punishable under Section 147 of the I.P.C. Secondly, they were charged for the offence of rioting under Section 148 of the I.P.C. Thirdly, they were charged for the offence under Section 307 read with Section 149 of the I.P.C. Fourthly, they were charged under Section 323 read with Section 149 of the I.P.C. Fifthly, they were charged under Section 506 read with Section 149 of the I.P.C. They were also charged under Section 379 for theft read with Section 149 of the I.P.C. Lastly they were charged un...
Namdeo Vyankatrao Dhande Vs. Narayan Anatrao Bonde
Court: Mumbai
Decided on: Oct-14-1999
Reported in: (2000)102BOMLR201
R.M. Lodha, J.1. The only question Involved in the first appeal is whether the Trial Court was justified in dismissing the plaintiffs suit as not maintainable relying on Section 69(2-A) of the Indian Partnership Act, 1932.2. The appellant is the original plaintiff. He filed a suit on 14.1.1980 against the respondent, who is the original defendant in the suit, inter alia praying for dissolution of partnership firm and for rendition of accounts and other ancillary reliefs. The plaintiff averred in the plaint that he is the owner of shop No. 3 (O.S.), ground floor, Dongri Municipal Market, Dr. Maheshwari Road, Bombay, and he started carrying on business in bangles and cutlery in the said shop in the name and style of Kishore Novelty Store. Defendant, who is his brother-in-law requested him to induct him as partner in the said business and he promised to contribute Rs. 10,000/-towards partnership business as share capital in the proposed partnership business and accordingly partnership bus...
Prahladbhai Damodardas Modi Vs. Commr. of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-13-1999
Reported in: (2000)LC224Tri(Mum.)bai
1. This appeal is against the order of the Collector holding as unauthorised importation of 72 used and second-hand diesel engines and imposing penalty under clause (a) of Section 112 of the Act, of Rs. 6 lakhs on the appellant.2. The fact which are not in dispute in this appeal, briefly, are as follows: The appellant through its firm Swaminarayan Enterprises placed an order in April, 1993 on Shah Mardan Dost Limited, Osaka, Japan for supply of 72 diesel engines for a total of C&F prices US $ 41,000/-.The letter of credit for payment to the foreign supplier and the letter of credit opened in June for US $ 41,000/-. Subsequently the order placed on Shah Mardan Dost was cancelled and an order placed with M/s.Gurujoga Ltd., Osaka. The letter of credit was also suitably amended in September, 1993 to show Gurujoga Limited as the beneficiary. On 1st November, 1993 import general manifest for the vessel M.V. Aries-107 was filed at Kandla, which showed the presence on board the ship of a ...
Himachal Pradesh Co-operative Marketing and Development Federation Lim ...
Court: Mumbai
Decided on: Oct-13-1999
Reported in: 1999(4)ALLMR516; 2000(1)BomCR608; 2000(2)MhLj317
ORDERDr. Pratibha Upasani, J.1. This writ petition is filed by the petitioners/original defendants, being aggrieved by the Order dated 13th August, 1986, passed by the Vth Jt. Civil Judge, Senior Division, Pune, dismissing the application of the petitioners for setting aside the decree passed in Special CivilSuit No. 601 of 1977.2. Few facts, which are required to be stated, are as follows:The respondents, namely, M/s. MAFCO Limited, who were original plaintiffs, had filed suit against the present petitioners, namely, Himachal Pradesh Co-operative Marketing and Development Federation Limited, to recover a sum of Rs. 1,63,134.50 Ps. and costs. The plaintiff Company entered into an agreement with the defendants for purchase of quality seeds of potatoes from the defendants under the terms and conditions embodied in the letter dated 7th October, 1974. The defendants were, however, unable to supply the required quality potato seeds. The plaintiffs' grievance was that the potato seeds suppli...
Trilochana K. Doshi Vs. the Stock Exchange of India and Another
Court: Mumbai
Decided on: Oct-13-1999
Reported in: 2000(1)ALLMR544; 2000(2)BomCR234; (2000)1BOMLR642; [2000]100CompCas649(Bom); 2000(4)MhLj83
ORDERS. Radhakrishnan, J. 1. Heard all the learned Counsel at length. 2. In the above, a preliminary objection has been raised by respondent No. 2, contending that a writ under Article 226 of the Constitution of India would not lie against respondent No. 1, viz. Stock Exchange, Mumbai. 3. The respondent No. 1 Stock Exchange, Mumbai is a recognised stock exchange under the provisions of Securities Contracts (Regulation) Act, 1956. The said exchange is governed by its own rules, bye-laws and regulations. Under section 3 read with with section 19 of the aforesaid Act, the said exchange is recognised by the Central Government. Section 5 empowers the Central Government to withdraw the recognition, thereby to shut down the exchange. The exchange has to file periodical returns and annual report with the Central Government and the Securities of Exchange Board of India. As per the provisions of the above Act, the Rules and Bye-laws have to be approved by Securities and Exchange Board of India, ...
Shri Hari Pandurang Bhave Vs. Sonba Kondiba Bankar and Others
Court: Mumbai
Decided on: Oct-13-1999
Reported in: 2000(4)BomCR804; (2000)1BOMLR736; 2000(2)MhLj613
ORDERS.S. Parkar, J.1. The appellant who was Checking Naka Officer of the Pune Municipal Corporation has filed these appeals against the Judgment delivered by JMFC (PMC) Pune on 30th may 1985 in Summary Trial Cases No. 4545/79 to 4602/79 acquitting the respondents accused in all the matters in a prosecution lodged against them under section 398 of the Bombay Provincial Municipal Corporations Act, 1949. This is a group of 56 appeals which have been preferred against the Judgment of the trial Court by the original complainant. All the cases in the trial Court were disposed of by the common judgment of the trial Court delivered on 30th May, 1985. Since the evidence is common, arising on common set of facts and involving same provisions of law, all these of appeals are being disposed of by this common judgment.2. The brief facts leading to the prosecution of the respondents-accused are as follows:On 28-11-1978, on the basis of information received by PSI L.K. Kaushik who was attached to Ta...
Shri Prabhakar Ramchandra Survase and ors. Vs. Shri Manohar Ganpat Sap ...
Court: Mumbai
Decided on: Oct-13-1999
Reported in: (2000)102BOMLR210
R.M. Lodha, J.1. By this first appeal, the appellants seek to challenge the judgment and order passed by the District Judge, Solapur on 18.7.98 in Civil Misc. Application No. 14 of 1998 filed under Section 72 of the Bombay Public Trusts Act, 1950 (for short 'Act of 1950').2. The relevant facts necessary for disposal of this first appeal are: Maratha Samaj Seva Mandal (for short 'the Trust') was created under the trust deed dated 14.1.60 and was registered in the year 1961 under the provisions of the Bombay Public Trusts Act. The objects of the trust are educational and the trust runs various schools and colleges in Solapur. The trust deed is said to have been lost in floods. The trust has its own constitution which amongst others provides for its aims and objects, membership, composition of managing committee, its powers and tenure, powers of office-bearers and the powers of general body. The general body meeting of the trust was held on 10.5.96 and in that meeting, unanimous resolutio...
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