Mumbai Court September 2004 Judgments
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Chandrakant S/O Shrinivasrao and ors. Vs. Shrinivasrao S/O Manikrao Di ...
Court: Mumbai
Decided on: Sep-08-2004
Reported in: 2005(3)MhLj82
N.V. Dabholkar, J.1. Original plaintiffs have approached this Court against the concurrent dismissal of their suit, which was filed seeking partition and separate possession of 1/6th share of each of the plaintiffs in the suit property (renumbered four pieces of land Survey No. 131 and a house of village Tembhurni, Taluka Biloli, District Nanded) from defendant Nos. 4 to 9, and a declaration that the sale deed dated 13-9-1956 executed by defendant No. 1 in favour of defendant No. 4 to be not binding upon the interest of the plaintiffs. Regular Civil Suit No. 107 of 1977 was dismissed by the learned Civil Judge, Junior Division, Biloli, vide his judgment and order dated 10-3-1981. Feeling aggrieved, the original plaintiffs approached the District Court, vide Regular Civil Appeal No. 129 of 1981, which was also dismissed by District Judge, Nanded, by his judgment and order dated 31-12-1984.2. Plaintiffs have approached the trial Court with the following contentions:The deceased defendant...
Arjun Vasant Rane, Vs. the Secretary to the Govt. of Maharashtra, High ...
Court: Mumbai
Decided on: Sep-07-2004
Reported in: 2004(4)ALLMR636; 2004(6)BomCR1; (2005)ILLJ815Bom; 2004(4)MhLj1041
Gokhale, J. 1. This Writ Petition filed by four employees of the Higher and Technical Education Department of the State Government, principally seeks regularisation of their services from the date they were initially taken in the service of the State Government. The Petitioners prior to their joining in the State Government, worked as Coders under the Directorate of Census Operations which is a Department of the Central Government. That was in the year 1980-81 onwards and that was for various periods ranging from one year and seven to ten months in the case of the first Petitioner and three years and ten months in the case of the fourth Petitioner. They were subsequently relieved from the particular assignment given to them under the Census Operations with effect from 31st January 1984 by virtue of the order issued by the Directorate of Census Operations on that date. The relieving order stated that the appointment was terminated because of the reduction in establishment which resulted...
Jaiprakash Dattatray Patade Vs. Mrs. Usha Jaiprakash Patade
Court: Mumbai
Decided on: Sep-07-2004
Reported in: 2004(4)ALLMR848; 2005(1)BomCR575; i(2005)DMC601; 2005(1)MhLj212
R.S. Mohite, J.1. This is an appeal filed by the appellant-husband against the respondent-wife impugning the judgment and decree passed by the Principal Judge, Family Court, Bandra Mumbai on 4th April, 2000 in petition No. a-2111 of 1998 dismissing the husband's petition seeking a divorce under Section 13(1)(ia) of the Hindu Marriage Act, the custody of the two children by name Neha and Nishant who were born out of the wedlock and were living with the wife and the eviction of the respondent-wife from the matrimonial home.2. At the outset, counsel appearing for the appellant upon taking instructions from his client who is present in Court made a statement that he would not like to press this appeal insofar as prayer for the custody of the children is concerned. He stated that his client was not pressing the prayer for the custody as his client's daughter Neha was now 22 years of age and son Nishant was also 16 years of age. He further stated that his client was looking after all the nee...
State of Maharashtra Vs. Gajanan Baburao Phakatkar
Court: Mumbai
Decided on: Sep-07-2004
Reported in: I(2005)DMC511
Abhay S. Oka, J.1. By this appeal against acquittal the appellant-State of Maharashtra has taken exception to the judgment and Order dated 10th May, 1988 passed by the learned Additional Sessions Judge, Pune, by which the respondent has been acquitted of the offence punishable under Sections 302 and 498-A of the Indian Penal Code, 1860.2. The respondent/accused was the husband of late Mrs. Ujwala Gajanan Phakatkar. The respondent married to the deceased Ujwala some time in the year 1980 and they had two sons aged about 7 years and 5 years. The respondent and his deceased wife were staying at Bhosari, Pune. The case of the prosecution is that the respondent was addicted to vices and was subjecting his wife to ill-treatment. It is the case of the prosecution that on or about 22nd January, 1982 there was a quarrel between the respondent and the deceased Ujwala and the respondent tried to set deceased Ujwala on fire by pouring kerosene on her person. At that time the deceased received some...
Devidas S/O Ramrao Kulkarni Vs. Managing Director, State Bank of Hyder ...
Court: Mumbai
Decided on: Sep-07-2004
Reported in: 2005(2)ALLMR103; 2005(2)MhLj73
A.B. Naik, J.1. On 7-9-2004, we passed operative order dismissing the petition. Now we record our reasons.2. This petition is filed Under Article 226 of the Constitution of India, seeking following reliefs :(A) The Hon'ble Court be pleased to issue a Writ of Certiorari or, any other writ direction or order in the nature of Writ of Certiorari, calling for the record and proceedings in the matter of denying the promotion to the petitioner including the record of service of the petitioner from the year 1984 and, particularly of the years 1985 onwards, when he was not given promotion.(B) This Hon'ble Court be pleased to issue a Writ of Certiorari or, any other writ direction or, order in the nature of Writ of Certiorari quashing and setting aside the letter/Order dated 31st December 1991 filed at Exh. G issued by the respondent.(C) This Hon'ble Court be pleased to issue a Writ of Mandamus or any other writ direction, or order in the nature of Writ of Mandamus, directing the respondent to g...
Transport Nagar Free Zone Co-operative Society Limited Vs. Nagpur Impr ...
Court: Mumbai
Decided on: Sep-07-2004
Reported in: 2005(1)ALLMR643; 2005(3)BomCR485
Sinha D.D., J.1. Heard learned Counsel for the petitioner as well as learned Counsel for the respondent No. 1-N.I.T. and learned Asstt. Govt. Pleader for respondent No. 2-State.2. Learned Counsel for the petitioner states that petitioner is a society which was formed with the object of providing land and building to its members for their transport and allied trade. The petitioner approached the respondent No. 1 for allotment of land out of 'Eastern Industrial Area Street Scheme' and on 9th February, 1982 the respondent No. 1 considered the application of the petitioner for allotment of land and allotted 140 plots, admeasuring 16,00,000 sq.ft. to the petitioner society. The petitioner society credited an amount of Rs. 5,75,000/- with the respondent No. 1.3. Learned Counsel for the petitioner further states that on 2nd November, 1983 the respondent No. 1 cancelled the allotment of the aforesaid land made in favour of the petitioner. It was stated that the steps for cancellation were take...
Shri Manoj Kumar Sarangi and Shri Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-06-2004
Reported in: (2005)(179)ELT202Tri(Mum.)bai
1. These appeals arise out of the orders of Commissioner of Customs (Prev.), Mumbai. These appeals arise out of the orders passed by the Commissioner (1) CCP/ACB/ADJN/17/99 dt. 26/03/99 (2) CCP/ACB/ADJN/18/99 DT. 26/03/99 and (3) ccp/acb/adjn/19/99 dt. 26/03/99.2. In the impugned orders the Commissioner imposed penalties of Rs. 50,000/- under Section 112(a) of the Customs Act on Shri Manoj Kumar Sarangi, an appraiser working in Air Cargo Complex, Sahar in each of the orders cited above. He imposed penalties of Rs. 10,000/-under the same Section and Act on Shri Nilesh Aiya, the clerk working with M/s Accurate Shipping Company (CHA), in each of the orders cited supra. The appeals of these two appellants are taken for consideration.3. By way of background to this whole episode suffice it to state that certain consignments were cleared through Air Cargo complex misdeclaring the contents, value and other material particulars rendering the goods liable to confiscation under Customs Act 1962...
international Conveyors Ltd. Vs. Cce and C
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-06-2004
Reported in: (2004)(117)LC383Tri(Mum.)bai
1. The brief facts of the case are that the appellants are engaged in the manufacture of conveyor belts falling under Chapter 39, for the manufacture of which they had imported Industrial Nylon Yarn during the period 7.2.1987 to 18.2.1988 availing concessional rate of duty in terms of Notification No. 38/1978-Cus., which was disputed by the department as the goods imported were Nylon Tyre Cord. As a result, the importers paid higher rate of Customs duty under protest. The importers succeeded before the Tribunal vide its order No. C/180/91 dated 5.4.1991, held that the concessional rate under the notification above mentioned was available to the imported goods. Subsequent to the decision of the tribunal, a claim for refund of Rs. 17,33,119/- being the duty paid in excess i.e., without the benefit of notification, was availed by the appellants. The Deputy Commissioner allowed the refund claim vide order No. 1/95 dated 5.4.1995, with the condition attached thereto, namely, that the appel...
Prabhakar Tulshiramji Mankar and ors. Vs. State of Maharashtra and ors ...
Court: Mumbai
Decided on: Sep-06-2004
Reported in: 2005(2)ALLMR34; 2005(2)BomCR268; 2005(1)MhLj228
P.S. Brahme, J.1. Heard the learned counsel for the parties. Perused the record.2. The petitioners have approached this Court challenging the orders passed by the respondent No. 2, suspending the licences of the petitioners as also the orders passed by the appellate authority, confirming the said orders.3. The petitioners are the licensees for sale, stock or exhibit for sale or distribution of Insecticides holding licence Nos. AMT/203, AMT/283, AMT/320, AMT/336 and AMT/66 respectively issued under Section 13 of the Insecticides Act, 1968 read with Sub-Rule (4) of Rule 10 of the Rules framed thereunder. On 29th August, 1990, the petitioners received two packages each of sealed containers of insecticides called as 'Nuvacron' (Monocrotophos) from Harhar Mahadeo Garage (Motor Transport Agency) of Amravati. It is not disputed that the packing material of the labels on the packages including the labels on the sealed containers were the same as of original packing material and labels of Hindu...
Vitthal Rammaya Pulla Vs. General Manager, Nursing Giraji Mills
Court: Mumbai
Decided on: Sep-06-2004
Reported in: 2005(2)ALLMR527; 2005(2)BomCR245; 2005(1)MhLj643
R.M.S. Khandeparkar, J.1. Heard the learned advocate for the petitioner. None present for the respondents.2. The petitioner challenges the judgment and order passed by the Additional District Judge, Solapur, in Civil Appeal No. 694 of 1987 dated 23rd November, 1990 and confirming the judgment and order passed by the Joint Civil Judge, Junior Division, Solapur, in Regular Civil Suit No. 1077 of 1983 on 30th September, 1987 solely on the ground, that the suit was filed in the name of Mill when the Mill has already gone into the liquidation and was taken over by the Government, and, therefore, the Mill had no locus standi to file the suit, and in that connection, reliance is sought to be placed in the decision of the learned Single Judge in the matter of Tukaram Narayan Margam v. Narsingh Giriji Mill, Solapur, reported in : 2001(4)BomCR698 .3. Upon hearing the learned advocate for the petitioner and perusal of the records, it is apparent that the suit in question was filed with the cause ...