Mumbai Court October 1958 Judgments
Dattatraya Nagesh Deodhar Vs. Ganesh Ragunath Apte
Court: Mumbai
Decided on: Oct-31-1958
Reported in: AIR1959Bom495; (1959)61BOMLR599; ILR1959Bom1101
Shah, J.1. The plaintiff filed Special Civil Suit No. 188 of 1951 in the Court of the 2nd Joint Civil Judge, Senior Division of Poona, for a declaration that the partnership between him and the defendant was dissolved on 29-7-1951 or from the ate determined by the Court, for an account of the partnership and for a decree for the amount that may be ascertained to be due on taking such accounts and for costs of the suit. The plaintiff valued the claim at Rs. 10,500/- for purposes of court-fee and jurisdiction. The defendant denied the partnership set up by the plaintiff and enied liability to account. The learned trial Judge passed a decree declaring that the business referred to in the plaint was carried on by the parties to the suit in partnership and each had a half share in the profit and loss in the business thereof. He declared the partnership as dissolved from the date of his order, and appointed a Commissioner for taking accounts for determining the amount, if any, due to the pla...
Tag this Judgment!Kandivli Metal Works Vs. their Workmen (Excluding Clerks)
Court: Mumbai
Decided on: Oct-31-1958
Reported in: (1959)ILLJ194Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Section 12(5)AWARD1. This is a reference under S. 12(5) of the Industrial Disputes Act, 1947 (XIV of 1947), by the Government of Bombay for adjudication of a dispute between the Kandivali Metal Works and the workmen employed under it (excluding the clerks), over the following demand by the latter :- 'Abolition of contract system. - All workmen who are at present on contract or working under contractor in the factory shall be directly employed by the company with effect from 1 May, 1956 and their wages shall be fixed according to the nature of their work, length of service, etc., in consultation with the union.' 2. The union states that the company used to get the fitting and spinning work done from the beginning through the contractors, Ranganath, Kanthaswamy Naiker and Shankar Narayan Dhuri. Later, in 1949, polishing work was entrusted to a contractor Sri Ganpat Shelar. A year later, washing work also was given to a contractor named R...
Tag this Judgment!State Vs. Shankar Bhaurao Khirode
Court: Mumbai
Decided on: Oct-30-1958
Reported in: AIR1959Bom437; (1959)61BOMLR591; 1959CriLJ1153; ILR1959Bom1088
Gokhale, J.1. This Criminal Reference raises a point of some importance as regards the jurisdiction of a Magistrate to take action on a report submitted to him under Section 173 of the Criminal Procedure Code, by a police officer after completing investigations with reference to offences which are exclusively triable by a Special Judge under Section 7(1) of Criminal Law Amendment Act, 1952.2. The present reference has been made by the learned Sessions Judge, Ahmednagar in these circumstances: It appears that the Circle Police Officer, Rajur, investigated a case registered on the complaint of one Mr. Pahuja, Sub-Inspector of Po-Police, Rajur, against a constable by name Khirode. It was alleged by the Sub-Inspector that the police constable attempted to give him Rs. 100/- as a bribe, to hush up a chapter case instituted against one Bhau Mohana. A trap was set for the police constable and when the amount of Rs. 100/- was being attempted to be given to the Sub-Inspector, it was attached in...
Tag this Judgment!State Vs. Memon Mohamad HusaIn Ismail and anr.
Court: Mumbai
Decided on: Oct-30-1958
Reported in: AIR1959Bom534; (1959)61BOMLR715; 1959CriLJ1419; ILR1959Bom1244
Patel, J. 1. (After stating the facts and the contentions His Lordship continued:) Before dealing with the evidence at this stage I might dispose of the contention with regard to the admissibility of Exhibit 29 containing some admissions and of statements made by the accused and reproduced in the panchnama regarding the discovery of the body. So far as the question of Exhibit 29 is concerned, an objection to its admissibility was raised at the time when that document was put in and has been renewed in this Court at the time of arguments, though not very seriously. It would appear that the said statement would be admissible under Section 8 of the Evidence Act as showing the conduct of the accused subsequent to the death of the deceased in any event. It would also appear that it is not hit by the provisions of Section 25 at all in this case. In order that Section 25 should be operative to prevent an admission being received in evidence, it must amount to a confession for it is provided t...
Tag this Judgment!Gangadhar Rakhamaji Vs. Manjulal Gangadhar
Court: Mumbai
Decided on: Oct-29-1958
Reported in: (1959)61BOMLR442
V.S. Desai, J.(1) This petition for a decree for divorce or judicial separation under the provisions of the Hindu Marriage Act of 1955 was filed by the petitioner Gangadhar Rakhamaji Jadhav in the Court of the Civil Judge, Senior Division, at Ahmednagar. The petitioner alleged that he married the opponent in the year 1943 but that the opponent after having lived with him for four years had deliberately deserted him since 1948 and was living in adultery. The petition was opposed by the opponent. She denied desertion on her part and denied that she was living in adultery as alleged by the petitioner. she contended that she was living peacefully with the petitioner till 1953, but that some time about 11-11-1954 it was the husband who beat her and drove out of the house. The petition was dismissed by the learned Civil Judge, senior Division, Ahmednagar, on 31-12-1957, holding that the allegations on which the petition was founded were not proved. The petitioner has, therefore, filed the pr...
Tag this Judgment!Osmanshahi Mills Ltd. Vs. Its Workmen
Court: Mumbai
Decided on: Oct-29-1958
Reported in: (1959)ILLJ187Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Section 10(1)AWARD1. This Industrial dispute between the workmen and employers of the Osmanshahi Mills, Ltd., Nanded, was referred to the Industrial tribunal constituted under the Labour Department notification No. I/37/55/30, dated 23 May, 1955, under S. 10(1)(c) of the Industrial Disputes Act, 1947 (XIV of 1947), by the Rajpramukh (Hyderabad) by their order No. I/137/54/(S)/94, dated 30 September 1955. The dispute is regarding the matters specified in Sch. I in respect of workmen mentioned in Sch. II annexed thereto. Schedules I and II are as follows :- Schedule I (1) Whether the suspension and subsequent dismissal of the said workmen is justified (2) If not to what relief are they entitled * * * 2. After the statement of claim and written statements were filed, the Industrial Tribunal, Hyderabad, consisting of Sri B. A. Patel, heard the matter at length and recorded considerable evidence. After the evidence of both workmen and the...
Tag this Judgment!Greaves Cotton and Co. Ltd. Vs. Its Workmen
Court: Mumbai
Decided on: Oct-29-1958
Reported in: (1959)ILLJ179Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 10(2) and 12(5)AWARD1. This is a reference by the Government of Bombay under S. 12(5) of the Industrial Disputes Act, 1947, for adjudication of a dispute between Greaves Cotton & Co., Ltd., Bombay, and its workmen over the following demand :- 'Every employee should be paid bonus for the year 1956-57 equivalent to one-half of his basic earnings (inclusive of overtime earnings and acting and comptist allowances) during the year.' 2. In the statement of claim filed on behalf of the workmen by the Greaves Cotton and Allied Companies Employees' Union, it is stated that the wages and salaries of the workmen are quite inadequate and far below the living wage. An adequate bonus should be given towards filling the gap between the existing wage and the living wage. The company has made a large profit during the year. It is spending large amounts on its covenanted staff and the general policy of the company is to benefit more the highly ...
Tag this Judgment!Textile Mills, Bombay State and ors. Vs. their Employees,
Court: Mumbai
Decided on: Oct-29-1958
Reported in: (1959)ILLJ308Bom
ORDER1. The questions which have been referred to this Full Bench are : (1) Whether the State industrial court which entertained the present reference applications was validly constituted and had jurisdiction to entertain them (a) Whether the present State industrial court is properly constituted and in entitled to deal with these references (2) Whether no jurisdiction is conferred upon the State industrial court by enacting S. 38A of the Act to entertain these references and proceed with them in the absence of expressly conferring jurisdiction by rules made or in any other manner (3) Whether proceedings by way of conciliation are sine que non to a reference under S. 38A of the Act (a) Whether in the matter of references before this Court mentioned above, there were valid and proper conciliation proceedings both as to the identity of the parties and as to the identity of the subject-matter in dispute (b) If the reply to either or both is negative, what is the effect upon the present re...
Tag this Judgment!Commissioner of Income-tax, Bombay South Vs. W.L. Dahanukar
Court: Mumbai
Decided on: Oct-28-1958
Reported in: [1959]36ITR459(Bom)
S.T. Desai, J.1. The Short question that the arises for our determination on this reference relates to a transaction of sale of certain lands by the assessee to himself and another person. The land was sold by the assessee to a partnership firm consisting of himself and another and what we have to determine is whether the difference in the price at which the land was purchased by the assessee and the price which the partnership firm agreed to pay for the land represents the profit of the assessee. 2. The assessee contracted to purchase certain lands for Rs. 41,500. Before the sale deed was executed, he entered into a partnership agreement with one Datar and the business of that partnership was to develop the land and sell it. The assessee's contribution towards the capital of the firm was Rs. 36,000 and Datar's contribution was Rs. 24,000. Their shares in the profits and losses of the business were in the same proportion. The partnership firm took over the land from the assessee at the...
Tag this Judgment!Commissioner of Income-tax, Bombay City I Vs. Indo-aden Salt Works Co.
Court: Mumbai
Decided on: Oct-28-1958
Reported in: [1959]36ITR429(Bom)
S.T. Desai, J.1. A very unusual question arises for our determination on this reference and ultimately the question is whether the Tribunal in the order which is before us has stated what it meant or has failed to say what it meant. The Tribunal itself, as we shall presently point out, has on a subsequent occasion stated as to what is meant by the order under consideration. Now, we are not concerned with what the Tribunal has stated it meant and no more. Therefore, although the Tribunal has in a later order stated what the intended meaning and effect of the prior order was, we shall confine our consideration to the original order round which the whole argument has turned before us. 2. The assessee is Indo-Aden Salt Works Co., a firm, which sold its business to a private limited company on August 24, 1949, (during the accounting year S. Y. 2005). The assessment year is 1950-51 and in the relevant year of account the assessee claimed relief under the first part of section 25(4) on the gr...
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