Mumbai Court March 1969 Judgments
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Shankarrao Maruti Nagane Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-18-1969
Reported in: (1970)72BOMLR77
Madon, J.1. As these two petitions under Article 226 of the Constitution raise common questions and impugn the same action of the respondent, the State of Maharashtra, we propose to dispose of them by one judgment.2. Narsing-Girji Manufacturing Company Limited (hereinafter referred to as 'the Company')i now in liquidation, owned textile mills at Sholapur. Certain disputes between the employees of all textile mills at Sholapur including the Company and their employees were referred for adjudication under the Bombay Industrial Relations Act, 1946. Reference No. 10 of 1946 related to the claim of operatives, while references Nos. 3 to 8 of 1948 related to the claims of the clerical staff. Awards in both those references were made in 1948. By the said awards, dearness allowance at a certain rate was directed to be paid by these textile mills to their employees.3. On August 8, 1957, the Company closed down its mills because it found it financially impossible to work them. Two winding up pet...
R.B. Bansilal Abirchand Spinning and Weaving Mills Vs. Commissioner of ...
Court: Mumbai
Decided on: Mar-17-1969
Reported in: [1970]75ITR260(Bom)
Abhyankar, J.1. This judgment will govern the references in all these cases. In all these references, there is one common question referred. In addition, there is a second question referred in Income-tax Reference No. 66/63 and a third question which is referred in Income-tax Reference No. 6/66. We propose to answer two out of these three questions in this common judgment. The facts giving rise to these questions are, more or less, common as the assessee is the same. The relevant statement of facts in respect of each of these questions will be reproduced at the appropriate stage. 2. In respect of the question which is common in all the cases, the order of reference under section 66(2) of the Indian Income-tax Act and the statement of the case are as follows : 'We are required by the High Court of Judicature at Bombay by its order under section 66(2) of the Indian Income-tax Act, dated 7th July 1959, in I. T. Application No. 54 of 1957, to refer to it the following question arising out ...
Vatakkeveedu Chami Gopalkrishna Vs. the Life Insurance Corporation of ...
Court: Mumbai
Decided on: Mar-17-1969
Reported in: (1969)71BOMLR577; 1969MhLJ921
Patel, J.1. This is an, appeal under Clause 15 of the Letters Patent against the judgment of Mr. Justice K. K. Desai dismissing the petition of the appellants filed on the Original Side.2. Respondent No. 1 in the present case is the Life Insurance Corporation _of India constituted under the Life Insurance Corporation Act, 1956 (hereinafter referred to as the Act of 1956) and has the monopoly of doing life insurance business in the country. Appellant No. 1 is a class III employee and appellant No. 2 is a class IV employee of respondent No. 1. On January 29, 1965, an agreement was entered into between the All India Insurance Employees Association and respondent No. 1 for a temporary increase in the dear-ness allowance with effect from August 1, 1964. By this agreement an additional amount of temporary dearness allowance equal to eight per cent, of the basic salary in respect of class IV employees governed by the Regulations, and equal to six per cent, of the basic salary in respect of cl...
R.J. Gujar Vs. Jamnadas Gopalji and anr.
Court: Mumbai
Decided on: Mar-13-1969
Reported in: AIR1970Bom135; (1970)72BOMLR169; 1970CriLJ455a; ILR1971Bom256; 1969MhLJ723
1. This is an appeal filed by the Food Inspector of the Akot Municipal Council challenging the judgment of acquittal of the respondent No. 1, who was acquitted of the offence under Section 16(1)(B) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.2. The facts in this case are not disputed. The respondent No. 1 is a Kirana merchant, who deals, among other articles, in a product called Anik Ghee', which is product of Hindustan Lever Limited. The complainant went to the shop of the respondent No. 1 at about 11.20 A. M. on 19-8-1966 and asked him to sell him a sample of the quantity of 450 grains out of a sealed container weighing 2 kg. which was kept for sale in the shop by the accused. The complainant served a notice on the respondent No. 1 that the sample of the food article 'guaranteed pure Anik Ghee' which was stocked in his grocery shop for sale in the packing of 2 kg. was to be sent for analysis, and therefore, 450 grams of 'Anik Ghee' should be g...
Kalusing Dalesing Rajput Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-13-1969
Reported in: (1969)71BOMLR669
V.S. Deshpande, J.1. The petitioner-accused was the Sarpanch of the village Panchayat of village 'War, Taluka and District Dhulia. He was elected Sarpanch on December 5, 1965, defeating respondent No. 2 hereinafter referred to as the complainant, and continued to be such Sarpanch till April 5, 1967, when he was disqualified and removed. A meeting of the Gram-Sambha Was convened on November 26, 1966. It is common ground that no such meeting in fact was held, though there is controversy as to whether 7 members were present and the meeting had to be adjourned for want of quorum, or not a single member turned up at the meeting'. On January 8, 1967, the Secretary of the Panchayat, Dattatraya Madhav, scribed the minutes showing as though the meeting of the Gram-Sambha was held on November 26, 1966, and the said minutes were signed by the' accused as Sarpanch. The complainant took possession of the said minute book and sent it to the Collector, complaining that the said minutes were false. On...
Raghuvanshi Mills Ltd. Vs. Commissioner of Income-tax, Bombay
Court: Mumbai
Decided on: Mar-11-1969
Reported in: [1969]74ITR823(Bom)
V.S. Desai, J.1. The question, which has been referred on this reference under section 66 (2) of the India Income-tax Act, 1922 is : 'Whether on the facts and circumstances of the case, the provision of section 23A of the India Income-tax Act, 1922 (XI of 1922], are applicable to the petitioners ?' 2. The assessee is public limited company incorporated on the 28th of February, 1929. During the account year of the assessee company, viz., April 1, 1942 to March 31, 1943 for which the relevant assessment year was 1943-44, the divided declared by the company in its annual general meeting was less than what was required under section 23A of the Income-tax Act, 1922. A question, therefore, arose whether the assessee-company was one to which the provisions of the said section were applicable. 3. Now, the company's issued and subscribed capital contended of 10,000 shares, of Rs. 100 each. During the relevant accounting period, 4,695 of the share were held by the 8 directs of the assessee-compa...
Dina Dinshaw Merchant Vs. Dinshaw Ardeshir Merchant
Court: Mumbai
Decided on: Mar-06-1969
Reported in: AIR1970Bom341; (1970)72BOMLR41; ILR1969Bom1043; 1970MhLJ286
K.K. Desai, J.1. This is the defendant's appeal against the decree for divorce made against her on January 20, 1968, in Parsi Matrimonial Suit No. 33 of 1963. The suit was tried by Mr. Justice Kanta Wala with the assistance of Delegates under the Parsi Marriage and Divorce Act, 1936. The Delegates found that the defendant was guilty of constructive desertion of the plaintiff without lawful cause and against his wishes for a period of over three years. The learned Judge accordingly passed the above decree. In view of the decree, he dismissed the counterclaim made by the defendant for judicial separation. In view of the decree for divorce, he also found that there was no question of considering the alternative relief for judicial separation prayed for by the plaintiff. The question of the custody of children and permanent alimony was directed to stand over. The learned trudge ultimately, upon a subsequent hear-ing, ordered that the costs to defend the suit be paid by the plaintiff.2. The...
Garment Cleaning Works Vs. D.M. Aney and anr.
Court: Mumbai
Decided on: Mar-03-1969
Reported in: AIR1970Bom209; (1969)71BOMLR843; [1971(21)FLR283]; ILR1970Bom722; (1970)IILLJ195Bom; 1970MhLJ318
Patel, J.1. By this petition the petitioner seeks to challenge the decision of the Industrial Tribunal given on a preliminary objection in an industrial reference. The short facts leading to this reference are as follows:2. The petitioner is doing laundry business in partnership. It employs about eight hundred workers in different departments and different branches. An industrial dispute was raised by a section of the workers regarding the scales of pay, classification, dearness allowance etc. and the said dispute was referred to the Industrial Tribunal in reference (IT) No. 195 of 1962. A similar dispute was raised by other section of the workers of the said firm and it was referred to the Tribunal in reference (IT) No. 12 of 1963. At this time the Union which took up the cause of the workers was the Laundry Mazdoor Sabha. Thereafter, another Union sprang up called the Bombay General Employees Association. This Association made applications for making it a party to the References. Acc...
Namdeo Kashinath Aher Vs. H.G. Vartak and anr.
Court: Mumbai
Decided on: Mar-03-1969
Reported in: AIR1970Bom385; (1969)71BOMLR758; 1970CriLJ1427; ILR1970Bom464
ORDER1. The short point that arises for consideration in this Reference is as to the precise scope of Section 197 of the Code of Criminal Procedure and whether In the circumstances of this case cognizance of the complaint under Section 500, Indian Penal Code, could have been taken by the Magistrate in the absence of sanction by the State Government. The learned Magistrate held that he could. The II Addl. Sess. Judge, Thana, however, ruled otherwise and has made this Reference under Section 438, Cr. P. C. 2. The brief facts giving rise to the present Reference are as follows: The complainant claims to be an advocate and a member of the Kalyan Municipality and a social worker. On 3-1-1968 he filed the present complaint against the two accused alleging that they committed an offence under Section 500, I.P.C.. on 2-1-1968 at about 6-30 p.m., when accused No. 1 performed the opening ceremony of a centre of distributing milk powder at Kalyan, at the instance of the local Rotary Club. Accused...
Smt. Sulochana Ganpat Rege Vs. Madan Dattatray Wadke
Court: Mumbai
Decided on: Mar-03-1969
Reported in: (1970)72BOMLR351
Bal, J.1. The question involved in this petition is whether an agreement under which a landlord has obtained a loan from an intending tenant for the construction of a residential building cannot be taken cognizance of by the Court and cannot be enforced on the ground that it does not comply with all the requirements of Section 18(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Rent Act' or 'the Act') including the requirement of registration.2. The facts of the case about which there is no dispute are these :Opponents Nos. 1 to 5 (hereinafter referred to as 'the opponents') are joint owners of a house known as Wadke house situate at Mahim in the City of Bombay. That house was built by their deceased father Dattatraya in the year 1959, While the house was under construction, Dattatraya obtained a loan of Rs. 5,000 from the petitioner for financing the construction and agreed to let out one double room on the first floor including ...
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