Mumbai Court July 1979 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Victoria Jubilee Technical Institute Vs. K.S. Naik, Regional P.F. Comm ...
Court: Mumbai
Decided on: Jul-18-1979
Reported in: (1980)ILLJ254Bom
1. The short question which falls for consideration is whether the provisions of the Employees' Provident Fund and Family Pensions Fund Act, 1952 applies to Victoria Jubilee Technical Institute. Only few facts are required to be stated to appreciate the grievance of the petitioner. The petitioner-institute was founded several years back and from the year 1907 the Institute has prepared a Provident Fund Scheme the benefit of its employee and the contribution made by the employer is 8 1/3 % of the salary of the employees. The said Provident Fund Scheme is also recognised by the Income-tax Commissioner on April 29, 1972, the respondent addressed a letter to the petitioner informing that the Government of India has extended the Provident Fund Act and the Scheme framed thereunder to electrical, mechanical and general engineering products and the petitioner's establishment fulfils the requisite conditions essential for the applicability of the Act. This letter was followed by another letter ...
Vijay Jethalal Shah Vs. Laja Nandlal Raheja and anr.
Court: Mumbai
Decided on: Jul-17-1979
Reported in: AIR1980Bom76
1. The Petitioning Creditors are the heirs of one Nandlal Raheja who obtained a decree on admission against the judgment-debtor in the Bombay City Civil Court in Summary Suit No. 8300 of 1973 for Rs. 16,247.02 and for other reliefs mentioned in the decree on admission. This decree was obtained on the 7th of Feb. 1974. The judgment-debtor was the 2nd defendant in the suit. A similar decree was also obtained against defendant No. 3. The suit against the 1st defendant is still pending in the City Civil Court at Bombay. After the passing of the decree, some time in October 1976, Nandlal Raheja, the decree-holder, died. The petitioning creditors who are the heirs of Nandlal have been brought on the record of the suit which is still pending against the 1st defendant on or about the 21st of February 1977. Prior to the death of Nandlal. he had obtained an order under Order 21, Rule 22 of the Civil P. C. for execution of the decree. Notice under Order 21, Rule 22, was made absolute on the 8th o...
Harshavardhan Shrinivas Potnis Vs. Mahadu Pundalik Gangurde
Court: Mumbai
Decided on: Jul-16-1979
Reported in: AIR1980Bom198; (1981)83BOMLR59
Chandurkar, J.1. This petition has been referred to the Division Bench because the view taken by a learned Single Judge of this Court in Tungabhadrabai v. Nanasaheb, (1976) 78 Bom LR 395 was doubted by the learned Single Judge who had heard the petition in so far as the decision in Tungabhadrabai's case, holds on a construction of section 32-F of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Tenancy Act') that if one person of ex-empted category is succeeded by another person of the exempted category, the Tillers' day is postponed till the disability of the successor ceases.2. It is necessary to briefly state the tacts on which the questions raised in the petition have to be decided. Fields Survey Nos. 44 and 45 of village Kotamgaon, Tahsil Niphad, District Nasik, belonged to one Girijabai, who was admittedly a widow and had not exercised her right of resumption under Section 31 till her death. Girijabai died on 4/6/1965. By a will executed by her...
Karendra Kumar and Co. Vs. S.D. Shahapurkar
Court: Mumbai
Decided on: Jul-16-1979
Reported in: 1989(22)LC565(Bombay); 1989(42)ELT381(Bom)
1. A short controversy that falls for determination in this petition is that whether 25 hairpins together weighing 329.300 gms. can be described as ornaments or as primary gold. The facts which are not in dispute are as follows :- 2. The petitioner are a registered partnership firm carrying on business in gold and silver ornaments. On February 2nd, 1970, the petitioners claim to have purchased gold ornaments of the following description from various customers. ------------------------------------------------------------------------Description Number of pieces Weight in gms.------------------------------------------------------------------------Pherwas 10 156.800Hairpins 25 329.300Bangles 70 958.500---------1444.600------------------------------------------------------------------------The petitioners forwarded these ornaments to the Government Mint on February 3rd, 1970 and the Mint has issued receipt in favour of the petitioners stating that the articles are gold ornaments. On the sam...
General Spares Industries Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-13-1979
Reported in: 1989(23)LC251(Bombay); 1989(43)ELT52(Bom)
1. The petitioners are a Private Limited Co., and are inter alia, manufacturers of spares for automobiles, precision parts for internal combustion engines and parts and components for bicycles. On 12-9-1964 they were registered as a small scale industry by the Director of Industries. On 28-4-1970, their registration certificate was amended by the addition of extra manufacturing items which included internal combustion engines, pumps and compressors, diesel engines (all types) and automobiles accessories. During the period 1972-1975, the petitioners were in receipt of Actual User Licences and the R.E.P. licences. On 16-7-1976 the petitioners were given a certificate of Engineering Export Promotion Council Registration-cum-membership. 2. In July 1975, the petitioners imported 12 consignments of thin-walled bearings valued at Rs. 8,00,000/-. However, the Customs Authorities detained the said consignment pending investigation into the validity of the Actual User Licence issued and/or obtai...
Ferdinand Aloysius Francis Miranda Vs. the State of Maharashtra and or ...
Court: Mumbai
Decided on: Jul-12-1979
Reported in: AIR1980Bom34
ORDER1. The father of the petitioner owned a house known as 'The Gabion', standing on Plot No. 148 P. at St. Alexius Road, Bandra, Bombay, The father of the petitioner died on Jan. 23, 1945, and on his death, the mother and real brother of the petitioner obtained probate from this Court. The petitioner was minor at that time. Subsequently, in April 1, 1948, the first floor of this building was requisitioned by the Government of Bombay, in exercise of the powers under Sections 3 and 4 of the Bombay Land-Requisition Ordinance, 1947. It is required to be stated that the order of requisition nowhere indicates the purpose much less a public purpose. The premises were requisitioned for the benefit of one G. V. Thadani. This G. V. Thadani obtained the possession of the first floor of the building and started residing there with his real brother, one T. V. Thadani. Mr. G. V. Thadani the respondent No. 3 to this petition is a bachelor and he was residing in the premises with his brother origina...
Sarabhai M. Chemicals (S.M. Chemicals and Electronics) Limited Vs. M.S ...
Court: Mumbai
Decided on: Jul-12-1979
Reported in: (1980)ILLJ295Bom; 1979MhLJ903
Chandurkar, J. 1. This is a petition against an award made by the Third Labour Court setting aside the dismissal of respondent No. 2 (hereinafter referred to as 'the workman') and directing the petitioner to reinstate the workman from 17th June, 1969 onwards with continuity of service with full back wages from that date till 10th June, 1970. 2. The workman was appointed as a Junior Stenographer with the petitioner-company by an appointment order dated 6th April, 1965. One of the conditions in the appointment order is that the workman shall diligently and faithfully carry out instructions given to him by his spurious in connection with the business and to the best of his power, skill and ability, he shall improve and further the business and interest of the company or the companies he will be required to serve. It was specifically stated in the appointment order that the appointment is liable to be terminated immediately if in the opinion of the company, he is found guilty of breach of ...
Kashinath Bhimanna Ghante and ors. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jul-11-1979
Reported in: AIR1980Bom132
Chandurkar, J.1. Premises of the petitioners who are running a Provisions Shop at Sholapur, were raided on 25th August 1974. The residential house of the three Petitioners was also raided. According to the Petitioners, the business is carried on by them as the members of a partnership firm. Certain articles were seized from this shop and the house. We are concerned with the soaps which were in the form of cakes or bars and detergents, such as Surf, Rhino, Sway, Rinso, Det etc. The raid was made because it was found that the petitioners had not displayed the prices of soaps as required by the Maharashtra Scheduled Articles (Display and Marking of Prices) Order 1966, (hereinafter referred to as 'the Orders'). This order is made by the State Government in exercise of powers conferred by Section 3(i) read with Clauses (c), (e), (i) and (j) of Sub-section (2) of the Essential Commodities Act, 1955 (hereinafter referred to as 'The Act'). By Clause 3 of this Order, a dealer is required to dis...
Ramkrishna Sawalaram Redkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-11-1979
Reported in: 1980CriLJ254
Masodkar, J.1. This appeal questions the validity of the judgment of conviction in one of the sessions trials out of nine for several offences with regard to the medicinal products manufactured by Haffkine Institute, Bombay, wherein the accused was holding the charge of Composite Store Keeper. It is not necessary to enter upon the details so as to indicate the eventual order that we propose to make,2. At the hearing of this appeal, both the appellant-original accused as well as the respondent-State are agreed that ends of justice require that the present appeal be allowed and the matter be remanded for re-trial from the stage of framing the correct charge.3. It may be mentioned, at the outset, that this matter was taken up out of turn because the Office pointed out that since 1974 eight other sessions cases being Sessions Cases Nos. 261 of 1974 to 267 of 1974 and 269 of 1974, have been stayed sine die without making any order and are being shown in the judicial returns as pending await...
The Tata Oil Mills Company Ltd. Vs. Superintendent, Central Excise and ...
Court: Mumbai
Decided on: Jul-11-1979
Reported in: 1983LC648D(Bombay)
M.L. Pendse, J.1. The petitioners are a company carrying on the business of manufacture of soaps, laundry and household and also other categories. Section-3 of the Central Excises and Silt Act, 1944 provides that there shall be levied and collected in such manner as may be prescribed duties on excisable goods Soap is one of the excisable goods falling under item 15 of the First Schedule of the said Act. The said item 15 in the First Schedule of the said Act is as urder:15. 'SOAP' means all varieties of the product known commercially as soap:1. Soap, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power or of steam for heating-(i) Soap, household and laundry 7.0% Ad valorem(ii) Other sorts-(a) Where the value of soap is belowRs. 7.800/- per metric tonne 12.5% Ad valorem(b) Others 15% Ad valorem2. In the manufacture of soap minor and inedible oils particularly rice bran oil is used. ' With a view to encourage the use of such oils, the Go...
- ‹ Prev
- 1
- 3
- Next ›
- Last »