Court : Mumbai
Decided on : Aug-07-1989
Reported in : 1989(25)LC332(Bombay)
..... which were not a 'new article.'4. at this hearing stage, mr. dalai, learned counsel appearing for the respondents, based his argument upon the definition of 'new article' in section 3(dd)(b) of the act. so far as is relevant to the present case, a new article thereunder means any article which bears a mark as defined in the trade marks ..... , if at the date of registration the industrial undertaking was not manufacturing or producing such article bearing that mark. a mark is defined in section 2(j) of the trade and merchandise marks act, 1940 to include a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof.5. now, the affidavit filed by the respondents is .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1989
Reported in : (1989)91BOMLR735
..... the second option and set aside the order of the additional sessions judge, and also of the judicial magistrate first class and direct the learned magistrate to act as per section 201(a) of the criminal procedure code.13. on behalf of the respondent no. 1 it was tried to be contended before me that the cognizance itself ..... be to set aside the order passed by the learned additional sessions judge, which is based on the provisions of section 197 and direct the learned magistrate to act as per section 201 of the criminal procedure code.12. section 201 provides that if a complaint is made to a magistrate, who is not competent to take cognizance of an ..... have been committed alongwith other offences, which are normally triable by the judicial magistrate first class, due to the tagging of the offence under section 161 of the prevention of corruption act, the jurisdiction would be of the special judge only in respect of all the offences and the learned judicial magistrate first class was barred, .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-16-1989
Reported in : 1989(22)LC243(Bombay)
..... owner. in the event the said notification exhibit 'p' to the writ petition was not applicable, the petitioners would be liable to pay customs duty in terms of section 12 of the customs act. alternatively, if the petitioners tried to place reliance upon the said notification, in terms of the proviso they would still be liable to pay customs duty.9. ..... an ocean-going vessel, she was a wreck and ought to be dealt with as if imported into india.7. in view of the provisions of section 12 read with section 21 of the customs act, we find no substance in the second submission made on behalf of the petitioners that even if it was a case of importation it was merely ..... salvaged vessel and her parts were goods. in this connection, the learned counsel for the respondent nos. 1 to 3 has drawn our attention to the provisions of section 21 of the customs act which is in the following terms:21. all goods, derelict, jetsam, flotsam and wreck brought or coming into india, shall be dealt with as if they were .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-29-1989
Reported in : [1990]181ITR109(Bom)
..... the income-tax appellate tribunal. in a carefully considered judgment, the tribunal upheld the appellate assistant commissioner's order.7. on a plain construction of the proviso to section 2(8), it is not possible to accept the revenue's submission that the capital base has to be increased or decreased depending upon whether the assessee's previous ..... of ten per cent. or, as the case may be, of two hundred thousand rupees shall be increased or decreased proportionately.'4. under the third schedule to the act, surtax is charged at the rate of 25% on so much of the chargeable amount as does not exceed 5% of the amount of capital as computed in ..... the rate specified in its third schedule. 'chargeable profits', for the purpose of the act, mean the total income of an assessee as computed for the purpose of income-tax with certain stated adjustments. 'statutory deduction' is defined by section 2(8) thus :'section 2(8) 'statutory deduction' means an amount equal to ten per cent. of the capital .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1989
Reported in : 1990(3)BomCR27
..... it is because of the above settled view of the supreme court that section 49 is introduced in the act by the bombay prohibition (amendment) act, 1981, in which it is provided as follows :-'49. not withstanding anything contained in this act, the state government shall have the exclusive right of privilege of importing, exporting ..... the country liquor rules') and the bombay foreign liquor rules, 1953) (for short 'the foreign liquor rules') respectively, framed under the bombay prohibition act, 1949 (for short, the 'act'), on the ground that the said licensing rules are arbitrary, discriminatory and are thus violative of article 14 of the constitution of india (for ..... , transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any rules or orders made thereunder, any fees are levied and collected for any licence, permit pass, authorisation or other permission given to any .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-12-1989
Reported in : 1(1989)ACC509
..... directed against the judgment dated 31st january, 1985, whereby the learned presiding officer of the motor accident claims tribunal, margao, dismissed the application for compensation filed under section 110-a of the motor vehicles act by the appellant.2. on 30th june, 1982, an accident took place on the margao-vasco road. the appellant sustained injuries in that accident. he was travelling ..... of this accident, the appellant had to undergo three operations, in addition to some skin grafting. he filed, therefore, an application for compensation under the provisions of section 110-a of the motor vehicles act and claimed a compensation of rs. 50,000/- which he broke up in the following manners: as special damages rs. 35,000/- and general damages rs. 11 .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1989
Reported in : 1990ACJ523
..... could or could not claim compensation as a result of the death of the deceased tukaram anant kadave, it was pointed out by mr. hegde that section 110-a of the motor vehicles act provides that only legal representatives of the deceased or the injured persons have the right to claim the compensation. according to him, under ..... distributed amongst the persons for whose benefit the application is made are dealt with by section 110-a and section 110-b of the motor vehicles act and to that extent the provisions of the motor vehicles act do supersede the provisions of the fatal accidents act, 1855 in so far as motor vehicle accidents are concerned. these provisions are not ..... section 8 of the hindu succession act, legal representatives are the persons, who fall in the first category of the heirs, namely, wife, sons, daughters and mother. if there are heirs falling .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-1989
Reported in : 1990(3)BomCR229; (1989)91BOMLR177
..... balu in the properties devolved on the appellant on her mothers remarriage and she got a hindu woman's estate therein which ripened in full ownership under section 14(1) of the hindu succession act. she is thus entitled to a decree for half share in the suit properties, as prayed for by way of an alternative relief in the plaint. ..... observed earlier, the properties belonged to the joint family of which bhiku was a coparcener. on his death in 1942 his wife parvati got under section 3(2) of the hindu women's rights to property act, 1937, the same interest as bhiku had in the joint family properties. if a partition had taken place bhiku would have got half share ..... the suit properties along with mesne profits. now, it was the turn of the defendants to question the decree of the first appellate court before the high court under section 100 of the code of civil procedure. after considering a number or privy council and supreme court decisions, the high court ruled that a hindu widow's power to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-1989
Reported in : II(1989)ACC141
..... first hand knowledge of the accident have not been examined. it is a clear cut case for drawing adverse inference against the respondents keeping in view section 106 and 114(g) of the indian evidence act. no occupant in the car survived hence the claimants cannot be held to be guilty of suppression of evidence. the tribunal has completely missed this most ..... v.a. mohta, j.1. this judgment shall dispose of first appeal nos. 103/1979, 104/1979, 105/1979, 106/1979 and 107/1979 under the motor vehicles act against the award passed by the motor accidents claims tribunal, amravati dismissing the claims for compensation arising out of an accident as a result of beadon collision between ambassador car .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1989
Reported in : 1989(24)LC431(Bombay); 1989(43)ELT265(Bom)
..... explanation to the notification defined base yarn to mean yarn falling under sub-item ii(i)(a) of item 18 of the first schedule to the central excises and salt act, 1944. item 1811(i)(a) relates to man-made filament yarn, non-cellulosic, other than textured. it is not in dispute that the poy with which we are here concerned .....
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