Mumbai Court August 1999 Judgments
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Pratima V. Prajapati Vs. Vinay P. Prajapati
Court: Mumbai
Decided on: Aug-26-1999
Reported in: I(2001)DMC411
ORDER1. Here is the petitioner of the Family Court who has filed M.J. Petition No. A-1035 of l991 read with Section 13(1)(b) of the Hindu Marriage Act where amongst other prayers, there is a prayer for vacant possession of a flat belonging to the petitioner-appellant.2. The claim of the ownership was never disputed and even if disputed, on merits it has been established, as could be seen from the judgment of the Trial Court at page 14 para 10 onwards.3. There being a distinct prayer for getting vacant possession in Clause (d) at page 49 of the petitioner alongwith prayer of injunction in Clause (e) of the same page, the Trial Court in its final order had granted relief in accordance with Clause (e). No reason whatsoever is given for not granting the relief in terms of prayer (d).4. Being aggrieved by this the present appeal has been filed by the original petitioner, the appellant herein.5. The matter came up before the earlier Division Bench of Justice M.L. Dudhat who on 20th January, ...
Ajay Umakant Tingoria and ors. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Aug-26-1999
Reported in: 2000CriLJ673
J.N. Patel, J. 1. The petitioners are invoking the writ jurisdiction of this Court and seeking a writ of habeas corpus under which they sought directions to respondents to produce the petitioner No. 1 who was taken in custody by Respondent No. 2, before the Court and for passing the appropriate orders after ascertaining the facts of the case. The petitioners further sought protection in so far as the arrest of petitioners Nos. 2 and 3 along with their daughters Chitra and Kavita, and for such other appropriate relief as deemed fit in the facts and circumstances of the case.2. It is the case of the petitioners that, the petitioner No. 1 married to one Mrigi of Bhopal on 20-11-1992. After the marriage Mrigi resided at Nagpur with the petitioner No. 1 for some time and a daughter is born to them out of the wedlock. The petitioners Nos. 2 and 3 are the parents of petitioner No. 1 and in-laws of the wife of the petitioner No. 1. The relations between the husband and wife at the initial stag...
The Morarjee Gokuldas Spinning and Weaving Mill Vs. Smt. Ranjana Jaika ...
Court: Mumbai
Decided on: Aug-26-1999
Reported in: (2000)102BOMLR5
N.J. Pandya, J.1. Two cases under Workmen's Compensation Act were filed by the dependents of the deceased workmen before the Workmen's Compensation Commissioner. The Commissioner was pleased to allow the claim in both the matters. The judgment of the learned Commissioner is very short so far as the main aspect of the matter is concerned and on the basis of the material on record, he has appreciated the position correctly and by his order dated 3/4/1996 has awarded the compensation.2. The stand of the appellant mill, in both the first appeals, from the beginning was that the employees were never employed by the mill. However, there is no need for them to raise this plea because according to the appellants, before the learned Commissioner also, it was clearly the case of the claimants that the deceased was employed by a Contractor.3. However, the learned Commissioner has rightly held that even if the respondents were so employed, the liability of the principal employer will certainly exi...
Sheshya @ Sheshrao Sambhaji Suryavanshi and anr. Vs. State of Maharash ...
Court: Mumbai
Decided on: Aug-26-1999
Reported in: 2000(70)ECC638
J.N. Patel, J.1. The appellants by this appeal challenge their conviction, and sentence for having committed an offence under Section 21 of the N.D.P.S. Act under which they are ordered to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs. 1,00,000 in default to undergo R.I for 2 years by the impugned judgment of the Special Judge, N.D.P.S., Nagpur delivered on 6.4.1994 in Special Criminal Case No. 40/93. 2. In nutshell the prosecution's case is that on 12.3.1993 while Shri G.M. Sakharkar, A.P.I., N.D.P.S. Cell, Crime Branch Nagpur was patrolling within jurisdiction of Police Station, Kotwali, he received an information through Special Informer that in front of Chitnispura Police Chowki two persons are indulging in selling Gard (Brown Sugar). On receiving such information he made a report to A.C.P. Paraskar and called for two Panchas and went to the place; there they found that accused Anya @ Anil Gaikwad and Sheshya @ Sheshrao Suryavanshi were present. They were accoste...
National Insurance Co. Ltd. Vs. Smt. Narmadabai Prahlad Mote and anr.
Court: Mumbai
Decided on: Aug-26-1999
Reported in: 2(2000)ACC279
ORDER1. This is an application for condonation of delay of 72 days in presenting appeal. We have perused the application and objections thereto and heard the Counsel on both the sides. The only reason given is that the delay occasioned because decision had to be taken by the Regional Office at Pune. In our view, shuffling of papers from one office to another is no ground for extending the period of limitation or condonation of delay. We are not satisfied that there is any adequate or justifiable cause for the delay. The civil application is rejected....
themis Pharmaceuticals Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-25-1999
Reported in: (2000)(115)ELT439Tri(Mum.)bai
3. The appellants manufacture medicaments. Under the related laws they were required to draw samples for quality control purposes and also for testing purposes. Some of the samples were retained in the factory and some were sent outside. Notification No. 171/70-C.E. as amended provided for duty free clearance of such samples. Two conditions were imposed. The first was that the total value of samples cleared should not exceed 1% of the value of clearances during the preceding month.The second condition was that sample should be packed in a form distinctly different from regular trade packing, and that it should be clearly and conspicuously marked as "Samples not be sold". The assessees were clearing and/or retaining such samples in terms of this notification, the benefit of which they had claimed in the various classification lists, filed from time to time. Show Cause Notice dated 5-4-1994 alleged that samples cleared from April, 1989 to December, 1992 did not benefit from this notific...
Avcon Controls Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-25-1999
Reported in: (2000)(117)ELT738Tri(Mum.)bai
1. The appellants manufactured solenoid valves. The valves were made as per the specific designs and requirements of the users. They filed price list in part II. In the part II price list trade discounts were claimed. The Assistant Collector held that part II contract prices were essentially result of negotiations and that trade discounts which were generally offered to dealers did not find place in such price lists. On this ground he approved the classification list minus the discounts. In the follow-up order the Assistant Collector confirmed the resultant demand. The Co1 lector (Appeals) dealing with the issue in his common impugned order ob-served that part II price lists which were filed in the case of custom built articles, would be the result of a direct sale to the buyer under a specific contract and the question of discount would not arise at all. On this ground he upheld the lower orders.Hence the present appeals.2. We have heard Shri M.H. Patil, Advocate for the appellants a...
Alchemie Pvt. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-25-1999
Reported in: (2000)(117)ELT745Tri(Mum.)bai
1. Two common questions are involved in these four appeals, two by the assessee and two by its directors. The first is whether by concentrating spent liquor/wash containing 4 to 6% caustic soda, obtained in concentration of 16-18% and removing impurities, a new product liable to excise duty emerges. The second is whether sodium hypochlorite manufactured by the assessee was exempted from duty by Notification 31/89 of 1st March, 1989.2. On the first question, the adovate for the appellant invites our attention to the decision of the Tribunal in CCE v. Bakul Aromatics & Chemicals Ltd., 1989 (43) E.L.T. 758. In this decision, the Tribunal held that a process of concentration of formic acid from 65% to 85% in removing excess water did not amount to manufacture. It said that by such concentration, a commodity commercially differently known, or had any function, or character and use and name did not emerge. The ratio of this decision has been made applicable to purification of acetic aci...
Vijay S/O Vishnu Pawar Vs. Zilla Parishad, Bhandara, Through Its Chief ...
Court: Mumbai
Decided on: Aug-25-1999
Reported in: 2000(1)BomCR189; 2000(1)MhLj590
ORDERB.H. Srikrishna, J.1. Rule returnable forthwith. Respondents waive service through Counsel.2. This is a classic case where human values are sought to be subordinated to 'procedure'. The father of the petitioner was working as a Jeep Driver in the establishment of the first respondent with effect from 22-2-1963. Sometime in September 1988, the father of the petitioner suffered from severe schizophrenia as a result of which he was referred to the Medical Superintendent, Mental Hospital, Nagpur. On 28th September 1988, the Medical Superintendent, Mental Hospital, Nagpur issued a certificate expressing his opinion that the father of the petitioner was completely incapacitated for service on account of the mental illness (Chronic Schizopherenja). It is not really in dispute that the illness with which the father of the petitioner suffered at that time has continued till today and even today, the petitioner's father is non compos mentis. It appears that someone in the office of the resp...
Aban Loyd Chiles Offshore Ltd. and Another Vs. Union of India and Othe ...
Court: Mumbai
Decided on: Aug-25-1999
Reported in: 2000(1)BomCR566
ORDERDr. B.P. SARAF, J. 1. By this writ petition, the petitioners seek to challenge the order of the Commissioner of Customs (Import), Mumbai dated 17th May 1999 by which the petitioners were directed to execute a bond for Rs. 44,40,28,320/- with revenue deposit/bank guarantee of Rs. 25,41,97,333/- for provisional release of the rig Aban-II. The matter came up for admission on different dates and time was granted to the learned Counsel for the revenue to obtain instructions. When the matter came up on the last date, this Court indicated that the order was too harsh. Some suggestions were made by this Court to the petitioners. The Court asked the petitioners whether the petitioners were ready to furnish a bond for Rs. 20 crores and bank guarantee of Rs. 5 crores. The learned Counsel for the petitioners stated that it would be difficult for the petitioners to furnish bank guarantee of Rs. 5 crores, though, the bond may be furnished. He wanted that the bank guarantee requirement should be...
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