Mumbai Court March 1999 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.
Shri Hermano D'Souza and another Vs. Shri Abelardo Rodrigues Medeiros
Court: Mumbai
Decided on: Mar-16-1999
Reported in: 1999(4)ALLMR703; 1999(3)BomCR635
ORDERR.M.S. Khandeparkar, J.1. This is a revision application against the Order dated 27th July, 1998 passed in Special Civil Suit No. 246/85/A by the Civil Judge S.D., Margao. By the impugned judgment, order and decree, the trial Court has directed the petitioners to put the respondent in possession of the suit room within a period of one month from the date of the order.2. The brief facts of the case are that the respondent herein filed the said suit in terms of the provisions contained in section 6 of the Specific Relief Act, 1963 (hereinafter called as the said Act) complaining that he was the tenant for nine years in respect of Rooms No. 7 situated on the first floor of the building 'Casa Menezes' situated opposite Gandhi Market, Margao and that all of a sudden for no reason, on 20th November, 1985 the petitioners along with their sons and employees in a high-handed manner, entered the suit premises and removed the goods and equipment of the respondent from the suit room and when ...
Gansons Engineers (P) Ltd. Vs. Shriram Y. Chhatre and anr.
Court: Mumbai
Decided on: Mar-16-1999
Reported in: [1999(82)FLR494]; (1999)IILLJ400Bom
B.N. Skikrishna, J.1. The petitioner Company is engaged in the business of manufacture of pharmaceuticals and packaging machines. The petitioner originally had a factory situated at Kandivali (W), Bombay 400 067 wherein it was carrying on its manufacture under an arrangement entered into between the petitioner company and one M/s. Alvin Core Drills P. Ltd. The said M/s. Alvin Core Drills P. Ltd. was under liquidation and the petitioners applied to this Court to extend the period for vacating the premises upto March 1984. This Court permitted the petitioners' factory to be run in the Kandivali premises only upto March 1984. Sometimes in March 1984, the petitioners started a factory at Nashik. Notice of starting of Nashik factory was given to the workmen by a notice dated February 28, 1984. The workmen were informed that all workmen employed in the Kandivali factory would be absorbed in the Nashik factory on or before March 31, 1984 since the petitioners were required to vacate the Kandi...
Singraj Sewaswami Vs. Kamala Mills Ltd. and ors.
Court: Mumbai
Decided on: Mar-16-1999
Reported in: [1999(82)FLR216]; (1999)IILLJ492Bom
B.N. Srikrishna, J. 1. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner impugns the order of the Industrial Court, Bombay dated July 30, 1996 made in Revision Application (IC) No. 8 of 1995 in purported exercise of its revisional jurisdiction. 2. Briefly stated, the facts leading to the present Writ Petition are as follows: The first Respondent is a registered Company which carries on the business of manufacture and sale of cotton textile and silk textile goods at its factory in Bombay. The Petitioner joined the services of the first Respondent as a helper sometime in the year 19S4 and was employed in the Art Silk Weaving Department on Ticket No. 151. Sometimes in the year 1975, the Petitioner's services were terminated on the allegation that he had abandoned his service. The Petitioner challenged this order by this Application (LCB) No. 211 of 1976 under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter called 'the Act'). The ...
Ramnath S/O Mahadu Manal Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-16-1999
Reported in: 1999CriLJ3986
J.A. Patil, J.1. In Sessions Case No. 51 of 1993, the appellant/accused was tried on the charge of committing murder of Mangalabai w/o Ramrao Gaikwad by setting her on fire after pouring kerosene. The learned Sessions Judge, Aurangabad convicted the accused of the offence punishable under Section 302 of the I.P.C. and sentenced him to life imprisonment. Feeling aggrieved by the said order, the accused has preferred this appeal.2. The prosecution case in brief is that the accused is a resident of Village Wahegaon, taluka Gangapur. He works as a mason. The deceased Mangalabai was his kept mistress and both'of them were residing together m a slum area in Indiranagar at Pandhapur, taluka Auraiigabad. The incident in question took place between 7 p.m. and 7.30 p.m. on 25-7-1992. According to the prosecution, the accused had disposed of four Gold beads belonging to Mangalabai and that led to a quarrel between the two. In the course of the quarrel, it is alleged, the accused poured kerosene o...
Commissioner of Central Excise Vs. CamlIn Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-15-1999
Reported in: (1999)LC118Tri(Mum.)bai
1. This appeal from Revenue was argued by Shri K. M. Patwari the ld.JDR. Respondents did not appear but made written submissions referring to the cross objection earlier filed.2. The respondents manufactured colours. They sought permission under Rule 173H to receive certain defective colours for reprocessing. In their letter dated 1-9-1993, they narrated the process for removal of defects. The permission was granted vide letter dated 3-9-1993 subject to the condition that the goods should not be subjected to any process amounting to manufacture. The defective goods were received, subjected to the described process and cleared without payment of duty. Later, on 27-6-1994, a show cause notice was issued seeking to charge duty amounting to Rs. 114.70 on the ground that the goods were subjected to process amounting to manufacture and therefore the provisions of Rule 173H were not attracted. The Assistant Collector cited the process undertaken by the assessees and observed that the process...
Vijay Krishna Kumbhar Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Mar-15-1999
Reported in: 2000(2)BomCR293
ORDERB.N. Srikrishna, J.1. These two petitions are in the nature of public interest litigation, the first at the instance of a journalist from Pune and the second at the instance of a Corporator of Pune Municipal Corporation. These petitions under Article 226 of the Constitution broadly challenge the action of the first respondent, the State of Maharashtra and the Commissioner of Pune Municipal Corporation (hereinafter referred to as 'P.M.C') in grantingbuilding permission to respondent Nos. 7 and 8 for construction of a building on Final Plot No. 110, Erandwana, Pune. The petitions also allege that the action of the Commissioner of P.M.C. was at the behest of respondent No. 5 who was the Chief Minister of the Government of Maharashtra at the material time and contrary to the provisions of the Maharashtra Regional And Town Planning Act, 1966, (hereinafter referred to as 'the M.R.T.P. Act'). It is contended that the said buildings permission is not only illegal, but also vitiated as it ...
Mrs. Dinaz Adi Bharucha Vs. Rajendra P. Ashar and Others
Court: Mumbai
Decided on: Mar-15-1999
Reported in: 1999(2)ALLMR511; 1999(3)BomCR501; (1999)2BOMLR268; 1999(2)MhLj405
ORDERR.J. Kochar, J.1. The plaintiff has filed the present Summons for Judgment in the above suit for a decree for a sum of Rs. 2,49, 55, 804.98 as set out in the particulars of claim at Exh. G of the plaint. She has claimed interest on Rs. 1, 86, 85, 750/-.2. The plaintiffs above suit is based on her claim that she had given the amounts to the defendant Nos. 1,2 and 3 in three different installments (1) Rs. 61,40,000/- (2) Rs. 81,50,000/- and (3) Rs. 26,00,000/-. The defendants No. 1 to 3 have passed receipts in token of having received the aforesaid amounts on different dates and the same are annexed to the plaint at Exhs-A, B and C respectively. It is her case that she had given these amounts to the defendant Nos. 1 to 3 for investment and they have invested, according to their own decision in their own name. It is her further case that on demand the defendants have not repaid the said amounts. A Notice was sent on her behalf on 24-10-1997 giving out all the details of the payments ...
Mrs. Maria Vitoria Boavinda Vs. Miss Maria Emeretiana Dias Barretto (D ...
Court: Mumbai
Decided on: Mar-15-1999
Reported in: 2000(1)ALLMR617; 1999(3)BomCR632
ORDERR.M.S. Khandeparkar, J.1. This is an Appeal against Order dated 30th March, 1998, passed in Inventory Proceedings No. 47/86/A by Comarca Judge of Salcete at Quepem. By the impugned order it has been ordered that the amount of Rs. 2,11,600/- deposited under Receipt No. 05396-78-85 with the Corporation Bank at Sirvai, Amona Branch, Quepem along with accrued interest should be given to the legatee of the deceased Maria Emeretiana, Mr. Piedade Moses Valeriano Dias as per the Will made by the said Maria Emeretiana Dias Barreto. This order is sought to be challenged mainly on the ground that the said amount was in the Fixed Deposit with the said Bank jointly in the name of the deceased husband of the appellant by name Valesio Furtado and sister of the appellant by name Maria Emeretiana, but the said amount was exclusively belonging to the deceased husband of the appellant and there was no disposition of the said amount by and during the lifetime of Valesio Furtado and therefore it forms...
Dr. Gaurish V. Naik Gaunekar and Others Vs. State of Goa and Others
Court: Mumbai
Decided on: Mar-15-1999
Reported in: AIR2000Bom86; 2000(2)ALLMR181; 1999(3)BomCR644
ORDERR.M.S. Khandeparkar, J.1. The petition seeks to challenge the Rules framed by the Government of Goa for admission to the Post-Graduate Degree Courses of Goa University at Goa Medical College, Bambolim. 2. Till the year 1997, the admissions to the Post-Graduate Degree and Diploma Courses of the Goa University at Goa Medical College were governed by the Rules which were comprised under Notification No. 13/6/80 - E.H.D. dated 2nd March, 1988 published in the Official Gazette dated 31st March, 1988 and for the sake of brevity, the said Rules are hereinafter referred to as 'the old Rules'. Since 1998, however, the admissions to the Post Graduate Degree Courses of Goa University at Goa Medical College are governed by the Rules called as the Goa (Rules for Admission to the Post-Graduate Degree Courses of the Goa University at the Goa Medical College) Rules, 1998, hereinafter called as 'the new Rules'. It appears that in terms of the old Rules, the order of merit was determined by obtaini...
Shri Ravi Somnath Chavan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-15-1999
Reported in: 1999(5)BomCR554; 1999CriLJ4234
ORDERVishnu Sahai, J.1. Through this appeal the appellant challenges the judgment and order dated 17th January, 1994, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 734 of 1991, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/- for the offence under section 302 I.P.C. 2. In short the prosecution case runs as under :--(a) The appellant resided in the hut next to that of the informant Smt. Surtabai Rathod (P.W. 1) in Indira Nagar Zhopadpatti, Old Nagnadas Cross Road, Andheri (East) Bombay-69. (b) On 27-6-1991, at about 9.30 p.m. he came to the hut of the informant to call her younger son Raju for playing cards. At that time the informant alongwith her daughter Anusayabai had gone to the market to purchase vegetables and her younger daughter Tarabai (P.W. 2) was present in the hut. Tarabai told the appellant that Raju would not accompany him to play cards. The appellant thereupon pulled her hair. In the meantime t...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 10
- 11
- 12
- 13
- 14
- Next ›
- Last »