Mumbai Court July 1955 Judgments
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Diwansing Bahdursing Vs. Ahmedabad Municipal Transport Service (The Tr ...
Court: Mumbai
Decided on: Jul-12-1955
Reported in: (1955)57BOMLR1035
Shah, J.1. The petitioners were employed by the Ahmedabad Municipal Transport Service as watch and ward supervisors. The Ahmedabad Municipal Transport Service maintained a repair establishment, which is registered as a 'factory' under the Factories Act LXIII of 1948. The petitioners were, in the course of their duties, required to work within the precincts of that factory. On 17 September 1953, the petitioners submitted an application before the authority under the Payment of Wages Act for an order for payment of Rs. 2,646-15-0 being the amount claimed by them as delayed wages. The petitioners contented that they were watch and ward supervisors working in the factory and as supervisors they had to perform day and night duty alternately with a recess of only two hours and that the same was a condition of their service when holding the post of supervisors. They claimed that the period for which they worked was in excess of the maximum period for which they were under the law liable to wo...
Navnital and Co. and ors. Vs. Kishanchand and Co.
Court: Mumbai
Decided on: Jul-11-1955
Reported in: AIR1956Bom151
1. The plaintiffs sue to recover damages from the defendants for breach of two contracts for the sale and delivery of cotton yam. It is the plaintiffs' case that the first plaintiffs Carry on business of export and import in Bombay & that in the matter of the contracts in suit they acted for and on behalf of plaintiffs 2 to 5 who carry on business in cotton yam and piece-goods fit Singapore in the name and style of Manalal Gowindji & Co.On 16-11-1950 two contracts were entered into between the defendants and the first plaintiffs acting On behalf of their overseas friends Messrs. Manalal Gowindji & Co. One contract was for the sale by the defendants to the overseas firm of 50 bales of cotton yarn at Rs. 34/- per bundle of ten pounds F. O. B. Cochin on terms and conditions recorded in a letter dated 16-11-1950.A similar contract for the sale of 100 bales of cotton yarn was entered into between the same parties on the same terms except that in the first contract credit was to be valid upt...
Bahadursingh Birsing and ors. Vs. C.P. Fernandes and ors.
Court: Mumbai
Decided on: Jul-06-1955
Reported in: AIR1956Bom95; (1955)57BOMLR1020; (1956)ILLJ553Bom
Bavdekar, J.1. The eight applicants are watchmen employed by opponent No. 2, Messrs. Patel & Motichand Co., Ltd., a firm carrying on business as building contractors in the City of Bombay. Under Section 3, Minimum Wages Act, 11 of 1948, the appropriate Government may fix,'(a) a minimum rate of wages for time work (herein-after reared to as 'a minimum time rate'); ..... (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by em-ployees (hereinafter referred to as 'overtime rate').' This minimum rate, under the provisions of Section 4, may consist, in respect of employments which are called scheduled employments, an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. Employment in building operations is one of the employments scheduled under the provisions of Section 3, and the Government of the St...
international Radio Co. Vs. the State of Bombay
Court: Sales Tax Tribunal STT Mumbai
Decided on: Jul-01-1955
Reported in: 19567STC210Tribunal
1. The applicants deal in radios, their spare parts, gramophones, refrigerators and what have been variously described as X-ray machines, apparatus for taking X-ray photographs, X-ray equipments and X-ray apparatus by the authorities below. The point in dispute in this application concerns the last mentioned class of articles. The applicants sold 11 such articles for a total sum of Rs. 1,17,238-12-0 between 29th April, 1952, and 25th October, 1952. They have been held by the authorities below to be liable to the special tax under Clause (b) of Sub-section (1) of Section 6 of the Bombay Sales Tax Act of 1946 and entry No. 4 in Schedule I to the Act. The material part of Sub-section (1) of Section 6 reads as follows :- The tax payable by a dealer under this Act shall consist of (b) a special tax at the rate of one anna in the rupee levied on his taxable turnover in respect of sales or supplies of goods specified in Schedule I.If the sales in question are not covered by entry No. 4 in Sc...
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