Mumbai Court August 1999 Judgments
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Shri David Renato Braganza Vs. State of Goa and Others
Court: Mumbai
Decided on: Aug-05-1999
Reported in: 2000(2)BomCR94; 2000(1)MhLj716
ORDERR.M.S. KHANDEPARKAR, J.1. Since common questions of law arise for determination in both the petitions, the same were heard together and are being disposed of by this common judgment.2. The petitioners seek to challenge the grant of plot of land in favour of respondent Shri Rabindu Narayan Ray (hereinafter referred to as 'respondent No. 5') on the ground that the said grant has been in contravention of the provisions of law. The respondent No. 5 was the then Member-Secretary of North Planning and Development Authority and now Chief Town Planner, Government of Goa. The interim stay of construction by the respondent No. 5 and the maintenance of status quo till the disposal of the petition was granted on 9-4-1996 in Writ Petition No. 123 of 1996.3. It is the case of Shri David Renato Braganza, the petitioner in Writ Petition No. 123 of 1996 and hereinafter called 'the petitioner', that the plot of land belonging to respondent No. 3 which was applied for by him in March, 1991 has been ...
Shri Madhukar N. Joshi Vs. the Chief Electrical Engineer, Govt. of Goa ...
Court: Mumbai
Decided on: Aug-05-1999
Reported in: 2000(1)ALLMR622; 2000(2)BomCR201; 2000(3)MhLj846
ORDERR.M.S. Khandeparkar, J.1. The petitioners are challenging the discrimination in the pay-scale given to them vis-a-vis the pay-scale given to other Draughtsmen Grade II in the Electricity Department. It is the contention of the petitioners that the petitioners are working as Draughtsmen Grade II along with other Draughtsmen in Grade II in the Electricity Department. However, excepting the petitioners, all other Draughtsmen are getting the pay-scale in the range of Rs. 1400-2300. 2. The facts, in brief, are that the petitioners were initially employed as Tracers in the Electricity Department by order dated 7-5-1981 on ad-hoc basis in the pay-scale of Rs. 260-430 and thereafter appointed on temporary basis in the same pay-scale with effect from 1-4-1983 by order dated 27-10-1983. The petitioners completed their Tracers course and passed final examination from the Board of Technical Examination in the State of Maharashtra in October, 1980. Pursuant to Fourth Pay Commission Report, the...
Kec International Ltd. Vs. Kamani Employees Union and ors.
Court: Mumbai
Decided on: Aug-05-1999
Reported in: 2000(1)ALLMR388; [2002]109CompCas659(Bom); [1998(79)FLR547]
S. Radhakrishnan, J.1. Heard learned counsel for all the respective parties at length. This is a petition filed by the petitioner-company for sanction of a scheme of amalgamation of R.P.G. Transmission Limited with K.E.C. International Ltd. R.P.G. Transmission Ltd. is the transferee-company and K.E.C. International Ltd. is the transferor-company. This petition seeks a relief of amalgamation of R.P.G. Transmission Ltd. transferee-company with the petitioner-company viz., K.E.C. International Ltd. as per the scheme of amalgamation, which is annexed as Exhibit E to the petition.2. The petitioner-company was originally incorporated on May 7, 1945, in the name of Kamani Engineering Corporation Ltd. Thereafter the name was changed to the present name and a fresh certificate of incorporation consequent on change of name was issued by the Registrar of Companies on June 5, 1984. The transferor-company viz., the petitioner-company has subscribed 3,23,85,854 equity shares of Rs. 10 each. Out of t...
Gorakh Nimba Shirsat and Another Vs. Gulab Murlidhar Dabhole and Other ...
Court: Mumbai
Decided on: Aug-05-1999
Reported in: 2000(5)BomCR520; 2000BomCR(Cri)520
ORDERD.G. Deshpande, J.1. Heard Advocates for the petitioners, respondent No. 1 and the learned A.P.P. for the State.2. This revision is filed by the petitioners against the order of the acquittal of the respondents. The learned A.P.P. supported the petitioner, even though no appeal against acquittal was filed by the State.3. Mr. Kankaria appearing for the respondents-accused relying upon three judgments of the Supreme Court reported in : [1951]2SCR676 Logendranath Jha and others v. Shri Polai Lal Biswas, : 1951CriLJ510 D. Stephens v. Nosibolla, : [1963]3SCR412 K. Chinnaswamy Reddy v. State of Andhra Pradesh and another, contended that in exercise of the revision jurisdiction this Court has no power to convert the acquittal into conviction or to order retrial even if the judgment of the trial Court was found to be perverse. This was the alternative submissions made by Mr. Kankaria because firstly according to him there is no perversity in the impugned judgment. However, since this obje...
Marine Management Services (Private) Ltd. Vs. Anil Kumar Jaiswal and o ...
Court: Mumbai
Decided on: Aug-05-1999
Reported in: (2001)IIILLJ94Bom
D.G. Deshpande, J.1. Heard counsel for the petitioners, respondents 1 and 2 and learned A.P.P. for the State.2. This petition is filed to challenge the order passed by the Additional Chief Metropolitan Magistrate on the complaint of respondent 1 under Section 145 read with Section 143 of the Merchant Shipping Act, 1958 by which the petitioner-company was directed to pay certain sum towards the wages of respondent 1 along with interest and costs of Rs. 5,000.3. Firstly it was contended by counsel for the petitioner that when an application is made by a seaman to the Magistrate, the same is to be decided in a summary way, and therefore, according to him, the procedure prescribed for summary trial in the Criminal Procedure Code is applicable to such application under Section 145 of the Merchant Shipping Act. 1958 (hereinafter referred to as Merchant Shipping Act), and since in the instant case the judgment was pronounced by a Judge who had not heard the matter or in other words, a Judge w...
Shri Netaji Mukund Angolkar Vs. the State of Goa
Court: Mumbai
Decided on: Aug-05-1999
Reported in: 2000(5)BomCR617; 2000BomCR(Cri)617; 2000(2)MhLj443
ORDERR.M.S. Khandeparkar, J.1. On 28th July, 1997, around 8.00 p.m. when Pundalik and his wife Saraswati P.W. 3 were having their evening tea in the house which they were occupying on lease since about two months prior to the said day, there was a knock at the door. Pundalik opened the same. It was the appellant/accused who called Pundalik to accompany him for couple of steps outside the house. Pundalik left the house alongwith the accused, but returned within five minutes complaining that the accused had stabbed him and P.W. 3 should close the door quickly otherwise the accused would come again to stab him. Saraswati then shouted for help and the landlord P.W. 2 immediately rushed to the spot and took Pundalik to the hospital but with no fruitful result and Pundalik succumbed to his injury. The F.I.R. was lodged. Investigation followed. The appellant being accused of murder of Pundalik was arrested on 23-8-98. The learned Additional Sessions Judge by the impugned judgment and order he...
Orient Industries Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-04-1999
Reported in: (2000)(67)ECC476
The applicants applied for grant of advance licence on 22.3.93. On 8.3.93 they exported HDPE woven fabrics. On the ground that the export obligation stood discharged, the licence when received was permitted to be transferred by the licensing authorities. This licence was accordingly transferred to four other persons who imported goods free of duty in the nature of replenishment. At a much later date, that is on 30.5.97, show cause notice was sent to the four importers and also to the present appellant. The allegation was made that while manufacturing the export product modvat credit had been availed of by the manufacturer and therefore the duty free import could not be claimed in terms of the exemption under Notification No. 203/92-Cus. The show cause notice alleged that the importers were liable to pay the duty on the consignments imported duty free and also that importers as well as the present applicants were liable to penalty. The Commissioner in the impugned order was confirmed t...
M.S.E.B. Vs. Commissioner of Customs and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-04-1999
Reported in: (2000)(67)ECC465
1. Applicants are a statutory body of the Govt. of Maharashtra engaged in the generation and distribution of electricity in the State of Maharashtra. They have workshops for fabrication of goods required by them for these activities at various places. In the town of Phursungi they had two such workshops. From October 1987 to April, 1992, 13 Show Cause Notices were issued to the Central Fabrication Workshop at Phursungi. The common allegation was that M/s M.S.E.B were manufacturing (1) M.S. angles and plates and channels and (2) fabrications by cutting, drilling/punching etc. as per the requirements. The Show Cause Notices allege that these activities resulted in the manufacture of separately identifiable excisable and dutiable products on which duty was not paid. In some of the Show Cause Notices the goods were described. The Show Cause Notice dated 12.1.1990 describes the goods as follows: (1) 10 D.P. Sets (2) Single Pole guardings (3) Single cross arms (4) 22 KV 'V' cross A (5) Vert...
Sunil K. Mirchandani Vs. Reena S. Mirchandani
Court: Mumbai
Decided on: Aug-04-1999
Reported in: AIR2000Bom66; 1999(4)ALLMR48; 2000(1)BomCR142; I(2000)DMC79; 2000(1)MhLj3
ORDERR. Lodha, J.1. By this petition filed by the petitioner Sunil K. Mirchandani, it is prayed that decree of nullity of marriage solemnised between the petitioner and the respondent on 28-11-1993 be passed in his favour. 2. Sunil K. Mirchandani (the petitioner) married Reena Sunil Mirchandani (the respondent) on 28-11-1993 at St. John Baptist Church, Thane. At the time of the marriage the petitioner, 36 years old, was divorced from his earlier wife and the respondent, 30 years old, was a spinster. The parties knew each other for about 2 1/2 years prior to the marriage. The respondent inserted an advertisement in the newspaper for a suitable match to which the petitioner responded and both of them met. Though the respondent's father had died two years prior to the meeting of the parties, it is the case of the petitioner that she lied that her father was alive and practising and when she came over to his house she stated that her father had died several years ago. According to the husb...
Bharat Forge Co. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Aug-04-1999
Reported in: [1999]240ITR654(Bom); 2000(2)MhLj111
Ranjana desai, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion, at the instance of the assessee :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the expenditure incurred on asphalting the existing kaccha road within the factory brought into existence a new asset or an advantage of an enduring nature and hence was of capital nature ?'2. The facts, which are relevant for the purposes of this reference, are as under :The assessee is a company. The assessment year is 1982-83 for which relevant accounting year ended on September 30, 1981. The assessee had spent an amount of Rs. 10,00,000 on the repairs of the road in the factory premises. It was submitted before the Inspecting Assistant Commissioner of Income-tax, Pune, that the roads within the factory premises were kaccha roads and th...
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