Mumbai Court August 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.
Gafoor Ali HussaIn Through Legal Heirs Vs. Ram Mahadik and Others
Court: Mumbai
Decided on: Aug-25-1999
Reported in: 2000(1)ALLMR153; 2000(1)BomCR797; 2000(1)MhLj436
ORDERH.L. Gokhale, J.1. This appeal arises from the judgment and decree dated 24-12-1997 passed by a learned Judge of the City Civil Court, Bombay, in Suit No. 3399 of 1983. That suit was filed by the respondent Nos. 1 to 9 herein who are the trustees of a public charitable trust which is known as'Nagrik Sahaya Kendra'. The said trust runs a high school known as 'Dnyaneshwar Vidyalaya' in Wadala area of the city. The case of these respondents was that the appellants and the respondent No. 10 were trespassers on a part of a shed (adjoining to the high school) belonging to the said trust represented by respondent Nos. 1 to 9 and hence they sought a decree for possession which has come to be granted by the learned Judge. It is relevant to note that because of sheer pressure of the work in the City Civil Court, it took 15 years for the suit to be decided.2. This First Appeal was admitted on 16-2-1998. Thereafter, on being pointed out the requirements of the respondent Nos. 1 to 9 the recor...
Mohammed Rafi Alias Ravikanth Shankarappa Patil Vs. the State of Mahar ...
Court: Mumbai
Decided on: Aug-25-1999
Reported in: 2000(5)BomCR160; 2000BomCR(Cri)160; 2000CriLJ691
ORDERVishnu Sahai, J.1. Through this application, a two - fold relief is sought:-(i) to grant bail to the applicant in C.R. No. 61 of 1999 under sections 385, 386, 366, 376, 452, 506(2), 147, 148, 149, 323, 504 and 34 I.P.C. r/w section 3 and 25(1) of the Arms Act of Bijapur Naka Police Station, Solapur; and (ii) to quash C.R. No. 61 of 1999 of Bijapur Naka Police Station and the proceedings arising therefrom.At the very outset, learned Counsel for the applicant Mr. D.B. Bhosale stated that with regard to prayer (ii) set out as prayer (b) in the application he would prefer a separate petition.Consequently, Mr. Bhosale is only pressing prayer (i) (set out as prayer (c) in the application).2. The factual matrix from which prayer for bail arises in short is as under:--The prosecutrix Fatima Shabin Nazir Ahmad Shaikh is aged about 20 years. She was known to the applicant ever since 1996 when he visited her house while contesting the Lok-Sabha elections. She regarded him as her maternal unc...
Ebers Pharmaceuticals Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-24-1999
Reported in: (2000)(89)LC88Tri(Mum.)bai
1. In these two Appeals filed by M/s. Ebers Pharmaceuticals Ltd. arising out of a common order in Appeal dated 29.12.1992, the issue involved is whether the value of the goods manufactured by and cleared by other units are to be included in the value of clearances of goods by the Loan Licensee for the purpose of Notification No. 175/86.2. Briefly stated the facts are that the Appellants manufacture P or P medicaments. They also get the medicaments manufactured out of raw material supplied by them from M/s. Schefata Pharmaceuticals and Development Laboratories and M/s. Gan Pharmaceuticals P. Ltd. (hereinafter referred to as Schefata and Gan) on loan licence basis.The Assistant Collectors under two Adjudication orders dated 19.6.1992 and 28.7.1992 denied them the benefit of Notification No. 175/86-CE dt.1.3.1986 and confirmed the demand of Central Excise duty, holding that the value of clearances of branded goods by M/s. Schefata and M/s. Gan are to be clubbed with the value of clearanc...
Anant Sadashiv Ghangurde and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-24-1999
Reported in: 2000(1)BomCR836
ORDER1. There are very few cases where, at the end, everyone goes back from the Court satisfied and the Court has also the real satisfaction of having done substantial justice. This is one such case which was initially taken up as a suo motu public interest litigation on receipt of a representation dated 8th April 1999 from one Anant Sadashiv Ghangurde and 9 others seeking issue of writ of mandamus compelling Government of Maharashtra to implement the Pension Scheme as envisaged by the Central Government for its pensioners to the pensioners of the Government of Maharashtra.2. While adopting Government of India's orders relating to revision of pension based on the recommendation of the Fifth Pay Commission, considering financial constraints faced by the Government of Maharashtra, it decided not to adopt Government of India's orders relating to revision of pensionary benefits with effect from 1st January 1996 in toto. The Government decided that the pensioners of pre-1996/post-1996 will ...
G.M. Breweries Ltd. and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Aug-24-1999
Reported in: 2000(2)BomCR160; (2000)2BOMLR308; (2000)161CTR(Bom)33; [2000]241ITR446(Bom); 2000(1)MhLj477
ORDERDr. B.P. Saraf, J.1. By this writ petition, the petitioners seek to challenge, the summons dated 2nd August, 1994 issued by the Income-Tax Officer (TDS) Circle-Thane and the summons dated 10th November, 1994 issued by the Income-tax Officer (TDS) 1, Pune 'under section 131/37/36 of the Income-Tax Act, 1961/Wealth-Tax Act, 1957/Gift Tax Act, 1958' directing the petitioner company to produce the books of accounts and documents as specified therein as also the notices issued to show cause for imposition of penalty for non-compliance of the same. It is stated in the above summonses that the books of accounts and documents were required in connection with proceedings 'under the Income-Tax Act, 1961/Wealth Tax Act, 1957/Gift Tax Act, 1958'. The case of the petitioners is that the summonses issued are illegal and without jurisdiction because they are issued without any application of mind by the concerned Income Tax Officer which is evident from the fact that even the portions not applic...
Drakshayani Balkrishna Patil Vs. Balkrishna Virupaksha Patil and anr.
Court: Mumbai
Decided on: Aug-24-1999
Reported in: I(2001)DMC430
S.S. Parkar, J.1. This writ petition arises in the maintenance proceedings adopted by the petitioner-wife under Section 125, Criminal Procedure Code.2. The brief facts leading to the present petition are as follows :The petitioner is wife of the respondent No. 1. They had two daughters from their marriage. The marriage had taken place in June, 1970 and she had left the matrimonial house in the year 1974 and the husband seems to have contracted second marriage in the year 1975. The petitioner-wife, however, did not apply for maintenance until the year 1988. By filing Criminal Misc. Application No. 73 of 1988 in the Court of JMFC, Jaysinghpur in Sangli District she claimed maintenance which was allowed by the judgment and order dated 13.9.1989 granting maintenance to the wife at the rate of Rs. 500/- per month. The husband challenged the same by filing Criminal Revision Application No, 176 of 1989 in the Sessions Court, Kolhapur. The same was heard and decided by the 3rd Addl. Sessions J...
Shri Shankar Sadu Pawar Vs. Shri Balu Laxman Dalvi and ors.
Court: Mumbai
Decided on: Aug-24-1999
Reported in: (1999)101BOMLR689
R.M. Lodha, J.1. By this petition, the petitioner seeks to challenge the legality and correctness of the order dated 15.11.95 passed by the IInd Joint Civil Judge, Junior Division, Pune in Election Petition No. 17 of 1995 whereby the said Court (Election Tribunal) set aside the election of the petitioner who was elected to Gram Panchayat, Shire, Taluka Mulshi.2. Shankar Sadu Pawar, the petitioner herein contested the election of Gram Panchayat Shire, from Ward No. 2. Sou. Mangala Tikone, Sou. Kusum Bhalerao and Shri Balu Laxman Dalvi also contested the said election from Ward No. 2. On 19th May, 1995, the result of election was declared by which the petitioner was declared elected. Balu Laxman Dalvi (Respondent No. 1 herein) filed election petition on 6th June, 1995 under Section 15 of the Bombay Village Panchayat Act, challenging the validity of election of the petitioner by way of election petition. It was the case of the defeated candidate Balu before the Election Tribunal that the ...
Maharashtra Cosmopolitan Education Society and anr. Vs. University of ...
Court: Mumbai
Decided on: Aug-24-1999
Reported in: 2000(1)ALLMR442; (2000)102BOMLR497
N.J. Pandya, J.1. Rule. Advocates for the Respondents waive service. Returnable forthwith. Heard.2. The admission to Bachelor of Computer Science (B.C.S.) or Master of Computer Science (M.C.S.) course being managed exclusively by the colleges is now taken over by centralised admission procedure. However, so far as petitioners before us are concerned they do not have any objection on this and on the contrary they accept the said procedure. This point therefore does not survive.3. The fees structure of the said two courses is governed by the Ordinance which is dating prior to the appointment of Dr. Takawale Committee. Dr. Takawale Committee being appointed recently has taken into consideration the present position and the financial requirement for running the aforesaid courses in Computer Science and has recommended higher fees.4. On behalf of the University Dr. D.Y. Chandrachud has instruction to state that the said report will be processed in its entirety and more particularly with ref...
indrajit and Co. Vs. Girijan Co-operative Corpn. Ltd.
Court: Mumbai
Decided on: Aug-24-1999
Reported in: [2000]107TAXMAN179(Bom)
ORDERSaraf, J.By this writ petition, the petitioner seeks to challenge the constitutional validity of section 44AC and section 206C of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). The petitioner contends that these two-sections are violative of the fundamental rights of the petitioner contained in article 14 of the Constitution.2. We have heard Mr. Keshar, the learned counsel for the petitioner. The above controversy sought to be raised by the petition in this case is no more res integra in view of the decision of the Supreme Court in Union of India v. A. Sanyasi Rao : [1996]219ITR330(SC) . In that case also, the validity of this very same provision was challenged. The Supreme Court said that there was nothing in the legislative measure to offend article 14 of the Constitution. It was held:'... The charge for the levy of the income that accrued or arose is laid by the charging section, viz., sections 5 to 9 and not by virtue of section 44AC or section 206C. The fact...
Dawood Umar Taj and Others Vs. Oriental Insurance Co. Ltd. and Another
Court: Mumbai
Decided on: Aug-23-1999
Reported in: 2000(1)BomCR68
ORDERPer A.A. Halbe, President.1. This is an application under sections 25 & 27 of the Consumer Protection Act for the execution of the order passed by this Commission on 17-1-99 in the Original Complaints Nos. 337 to 394/92 and C. No. 631 to 653/92. The respondent No. 1 Oriental Insurance Co. Ltd. preferred its first Appeal No. 185 to 265/94 and obtained a stay order from the National Commission on 29-3-94. The National Commission was pleased to stay the enforcement of the order passed by this Commission on 17-1-94 only in respect of half of the amount which is directed to be paid to the respective claimants under the impugned order. The respondent OrientalInsurance Co. was directed to deposit the amount with the State Commission which in turn was directed to deposit the same with the respondent No. 2 Mahad Co-operative Urban Bank with a specific direction to distribute the said amount equally amongst 81 claimants to enable them to meet the expenses to be incurred by them in fighting ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »