Mumbai Court April 1999 Judgments
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Chandrakant Bhogilal Gohil Vs. Parushottam Mohanlal Makwana and Others
Court: Mumbai
Decided on: Apr-26-1999
Reported in: AIR2000Bom18; 1999(3)ALLMR611; 1999(4)BomCR439; 1999(2)MhLj846
ORDERR.J. Kochar, J.1. Heard the learned Counsel for the parties.2. Briefly stated, according to the plaintiff, the facts are as under:-By an agreement dated 28th May, 1981 entered into by and between the plaintiff and the 2nd defendants, the plaintiff agreed to acquire a flat bearing No. 2 on the first floor of the said building admeasuring about 550 sq. ft. (hereinafter referred as 'the said flat') in the said building, which was then to be constructed by the 2nd defendants on the terms and conditions mentioned therein. Under the said agreement, though the plaintiff was required to pay total consideration amount of Rs. 94,500/- for purchase of the said flat, the plaintiff has made payment of Rs. 96,000/- to the 2nd defendants. The plaintiff has always been ready and willing to perform his obligation under the said agreement. The 2nd defendants were to hand over possession of the said flat to the plaintiff in any event in the first week of April 1985. The said agreement dated 28th May...
Subrao Chintu SaThe Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-23-1999
Reported in: 1999(5)BomCR816
ORDERVishnu Sahai, J.1. Since these connected criminal appeals arise out of the same set of facts and a common impugned judgment we are disposing them off by one judgment.2. Through these appeals the appellants challenge the judgment and order dated 28-12-1994 passed by the Additional Sessions Judge, Sangli in Sessions Case No. 137 of 1994, convicting and sentencing both of them to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default to undergo one years R.I. for the offence under section 302 read with 34 I.P.C.3. In short the prosecution case runs as under:The appellants and the deceased Bapu Sathe were real brothers and used to reside in separate huts, situate in immediate proximity, in Pare, Taluka Khanapur, Dist. Sangli. On the date of the incident i.e. 29-4-93 at about 10 a.m. the sons of the deceased Santosh and Deepak were quarreling on account of note book and pen. At that time appellant Subrao came to the hut of the deceased and gave one slap to Santosh whi...
Gangaram Kondiba Ingle and Etc. Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-23-1999
Reported in: 2000CriLJ336
P.S. Patankar, J. 1. All those revisions filed under Section 397 of Code of Criminal Procedure read with Article 227 of the Constitution of India can be disposed of by this common order as the order challenged is the same.2. Applications filed by these petitioners under Section 227 of the Criminal Procedure Code for discharge came to be rejected by the learned Additional Sessions Judge. Greater Murnbai, by order dated 7th August 1998 and the said order is challenged here.3. Before dealing with the case of each of these petitioners, it would be necessary to state few aspects.One Mahendra Pratap Singh (M.P. Singh for short) was a prominent businessman carrying on business of transportation of petroleum products. He was also owner of petrol pumps. He was having his office at Ghatkopar (East), Mumbai. On 12-5-1995 Mr. M.P. Singh left his office at about 6-00 p.m. along with his uncle Shri Chandrabhan Singh towards New Mumbai in his Maruti car bearing No. H-04-A-616 at about 7-15 p.m. The c...
Commissioner of Central Excise Vs. F.G.P. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-22-1999
Reported in: (1999)(113)ELT174Tri(Mum.)bai
1. In the order impugned in the appeal, Collector (Appeals) has confirmed the finding of the Assistant Collector that the glass fibre manufactured and consumed captively in the production of glass tissue in the factory of M/s. F.G.P. Ltd. the respondent, is not marketable and is not excisable. This is challenged in the appeal on the ground that marketability is not a criterion for excisability and that as long as the goods are included in the tariff, their marketability is not to be established by the department. These arguments were reiterated by the Departmental Representative.2. Although Mr. Kishan Sheth, Factory Manager of the respondent stated that Mr. M.P. Baxi, Advocate would appear, Mr. Baxi did not appear and we therefore, proceed to dispose of the appeal on merits.3. The department's appeal relies upon the Tribunal's decision in Safari Industries Lid. v. C.C.E. - 1991 (54) E.L.T. 308. The fact that goods are listed in the Central Excise Tariff does not by itself dispense wit...
Shamalsha Girdhari Co. Vs. Assistant Commissioner
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-22-1999
Reported in: (2000)72ITD469(Mum.)
1. This miscellaneous application has been filed by the assessee seeking reopening of the hearing of the appeal, which was dismissed by order dated 28th July, 1998. The Tribunal has noted in the order that though notice of hearing of the appeal was issued by Registered Post Acknowledgement Due, there was no response from the assessee when the appeal was called for hearing. The Tribunal then proceeded to dispose of the appeal ex parte on merits and finding no case for the assessee, dismissed the appeal. The miscellaneous application has been filed against the aforesaid order, seeking restoration of the appeal.We have gone through the contents of the miscellaneous application and we have also heard the rival contentions. It is stated in the miscellaneous application (paragraph 4) that Mr. Ruvala was out of India between 21-5-1998 and 17-7-1998. We have verified his passport which was produced before us and we find the averment to be true. On the facts and circumstances of present case, ...
Anil Shripatrao Badge Vs. Sundrabai Mahada Mali Since Deceased Through ...
Court: Mumbai
Decided on: Apr-22-1999
Reported in: 2000(1)BomCR893
ORDERR.G. Deshpande, J.1. Heard Shri S.S. Choudhary, learned Counsel for the petitioner, Shri V.G. Mete, Advocate for the respondent No. 1 and Smt. Geeta Deshpande, Assistant Government Pleader for the respondent No. 3. The respondent No. 2, though served, preferred to remain absent.2. The judgment and order dated 20-11-1986 passed by the learned Member of the Maharashtra Revenue Tribunal, Aurangabad, in the Appeal No. 102/A/85 Osmanabad is under challenge in the present writ petition.3. The facts to be narrated in the nut shell, for the purposes of the present dispute, are as under ;On Mahadu Mali resident of Washi, Taluka Bhoom, District Osmanabad, happened to be the original owner and possessor of land Survey No. 988/A, having an area of 2 acres 12 gunthas, situated at the above said village. There does not appear to be any dispute that Mahadu cultivated this land during his life time. However, after his death, name of one of his sons - Savata, came to be recorded as owner of the la...
Shri Socorro N. Gracias and Others Vs. the State of Goa and Others
Court: Mumbai
Decided on: Apr-22-1999
Reported in: AIR1999Bom436b; 1999(3)BomCR744
ORDERR.M.S. Khandeparkar, J.1. Common questions of law arise in all the above petitions and, therefore, they are heard together and are being disposed of by this common judgment. 2. The petitioners seek to challenge the Notification No. 5/5/97-TPT dated 30th October 1998 published in Official Gazette dated 30th October 1998 in relation to a scheme for providing the road transport service on Panaji- Margao, Panaji- Vasco and Margao-Vasco routes by State Transport Undertaking. 3. The facts, in brief, relevant for the decision are that in exercise of powers conferred under various sections of the Motor Vehicles Act, 1988 (hereinafter called as 'the said Act'), read with section 22 of the General Clauses Act, 1897, the Government of Goa by Notification No.5/5/90-TPT dated 19th February 1990, published Draft Rules called Goa Motor Vehicles Rules, 1989, (hereinafter called as 'the Draft Rules'). The same were published in the Official Gazette dated 21st June 1990. After the objections and su...
Rediff Communication Limited Vs. Cyberbooth and Another
Court: Mumbai
Decided on: Apr-22-1999
Reported in: 1999(3)ALLMR164; 1999(4)BomCR278
ORDERA.P. Shah, J.1. Leave under Rules 147 and 148 of the Bombay High Court (Original Side) Rules, 1980 is granted to the plaintiffs to take out a Notice of Motion in terms of the draft Notice of Motion handed in.Leave to amend the plaint and the Notice of Motion in terms of the draft amendment.Mr. Chitnis for the defendants waives service.By consent, Notice of Motion is taken up for hearing.2. This is an action in passing off. The plaintiffs have filed the present suit for a permanent injunction restraining the defendants from using the mark/domain name 'RADIFF' or any other similar name so as to pass off or enable others to pass off their business or goods or services as for the business or goods or services of the plaintiffs. The plaintiffs are also seeking a permanent injunction restraining the defendants from using the mark 'RADIFF' or any other word on mark either as part of their trade name or trading style which is deceptively similar to plaintiffs' trading style and/or 'REDIFF...
ichalkaranji Municipal Council Vs. Raju Bandu Taral and ors.
Court: Mumbai
Decided on: Apr-22-1999
Reported in: [1999(82)FLR267]; (1999)IILLJ970Bom
D.K. Deshmukh, J.1. Admit. By consent of parties, heard finally.2. This Appeal takes an exception to the order dated March 22, 1999 passed by the learned Single Judge of this Court in Writ Petition No. 1528 of 1999. By that order, the learned Single Judge has rejected the Writ Petition filed by the Appellant (Original Petitioner) challenging interim order passed by the Industrial Court, Kolhapur in Complaint (ULP) No. 428 of 1996. It appears that respondent Nos. 1 and 2 filed the Complaint before the Industrial Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the 'M.R.T.U and P.U.L.P. Act') for getting employment in the Appellant-Municipal Council on compassionate ground. In that application, they made an application for interim relief seeking a direction to the Municipal Council that Respondent No. 1 (Original Complainant No. 1) should be appointed in Class-IV post by the Municipal Council. That application was gran...
Smt. Jaitunbi Mubarak Shaikh Vs. Mubarak FakruddIn Shaikh and anr.
Court: Mumbai
Decided on: Apr-22-1999
Reported in: 1999CriLJ3846
A.V. Savant, J.1. This Criminal Writ Petition is filed by a divorced Muslim woman. In view of the reference to a Division Bench by T.K. Chandrasekhara Das, J. the following questions of law arise for our determination :-(1) In proceedings for maintenance instituted by a Muslim wife, if a Muslim husband makes a plea in his written statement that his marriage had been dissolved at an earlier date in the talak form, even assuming that the fact of such dissolution at an earlier date is not proved, whether the filing of the written statement containing such a plea of divorce in the talak - form amounts to the dissolution of marriage under the Muslim Personal Law from the date on which such a statement was made?(2) Whether the law laid down by this Court in Chandbi Ex w/o. Badesha Mujawar v. Bandesha s/o. Balwant Mujawar reported in : AIR1961Bom121 still holds good or whether it requires re-consideration in view of the two subsequent decisions of this Court in:-i) Mehtabbi w/o. Sk. Sikandar ...
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