Mumbai Court November 1984 Judgments
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Muradevi Kalgonda Patil Vs. Laxman Bhimanna Saidapur and ors.
Court: Mumbai
Decided on: Nov-14-1984
Reported in: 2(1986)ACC144
V.V. Vaze, J.1. Smt. Muradevi Kalgonda Patil along with her sons filed a claim petition before the Ex-Officio Member, Motor Accident Claims Tribunal, District Kolhapur, at Kolhapur, as her son Anil, a commerce Graduate and a probationary officer in the New India Assurance Company Limited, Sangli, was killed, while riding his motor-cycle from Jaisingpur to Sangli by a truck driven by Laxman Saidapur--opponent No. 1, which was insured with the New India Assurance Co. Ltd. The learned Member of the Tribunal, after applying the principle of Res Ipsa Loquitor, found the truck driver guilty of negligence but awarded only Rs. 12,000/- as damages to Applicant Muradevi, the widowed mother of the deceased, which gives rise to this appeal.2. The deceased Anil was engaged as a probation inspector for the first year when he was getting an honorarium of Rs. 500/- per month. Upon successful completion of the probation, he would have been appointed as an Officer in the scale of Rs. 250-850. Upon such ...
Abid HussaIn Abedini Vs. Sheikh Ahmed Sheikh Sayed and ors.
Court: Mumbai
Decided on: Nov-14-1984
Reported in: 2(1985)ACC314
Dharmadhikari, J.1. As all these appeals involve common questions of law and fact they were put up together. Even before the hearing of the appeals started Shri Mhamane the learned Counsel appearing for the appellant filed a pursis before us which is taken on record, By this purshis Shri Mhamane has sought permission to withdraw the First Appeal No. 46 'of 1983. Such a permission is granted. In view of this withdrawal he will be entitled to refund of court fee as per rules. In First Appeal No. 47 of 1983 he has restricted his claim to the extent of Rs. 5000/- and has withdrawn rest of it. In First Appeal No. 48 of 1983 he has restricted his claim to the extent of Rs. 15,000/- and has withdrawn rest of the claim. In First Appeal No. 49 1983 he has sought permission to restrict his claim to the extent of Rs. 10,000/- and withdrawn the rest of the claim. Permission is granted in all these first appeals as per the request made by the learned Counsel. Obviously, therefore the appellant will...
Shalabai Alias Shanabai and ors. Vs. Chandrakant Manikeband Mardikar a ...
Court: Mumbai
Decided on: Nov-14-1984
Reported in: 1(1985)ACC423
V.V. Vaze, J.1. Deogonda Bhau Patil was working as store attendant in Messrs. Ghatge Patil Industries, Uchagaon, Kolhapur in the pay scale of Rs. 55-100 with a dearness allowance of Rs. 263/. On 25-6-1980 Deogonda along with his colleague and friend Jinappa Chougule who was also working in Ghatge Patil Industries, started on bicycles from their village Herale and were proceeding towards their place of work at Uchagaon. Enroute when they arrived at Shiroli Naka they had a choice between two bridges which have been constructed over the river Panchganga. The vehicular traffic having been diverted to the new bridge, the old bridge had become decongested and the two cyclists preferred the old bridge to cross the river. Deogonda and Jinappa were not riding their bicycles in tandem but chose to do it abreast because probably they felt that there was no danger of any mechanically propelled vehicle coming on the road from behind. Unfortunately their suppositions were belied and Kishansing Paras...
Uni Abex Alloy Products Ltd. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-13-1984
Reported in: [1985]58STC37(Bom)
Smt. Sujata V. Manohar, J.1. The applicants Uni Apex Alloy Products Ltd., Bombay, manufacture, inter alia, alloy castings and reformer tubes. They have a factory at Thane. The applicants entered into a contract dated 11th April, 1975, with Gujarat State Fertilizers Company Limited, for fabrication, supply and erection of 208 reformer tube assemblies for the conversion of the ammonia plant of the Gujarat State Fertilizers Company Limited at Baroda from a cold bottom system to a hot bottom system.2. The applicants are holders of a registration certificate both under the Central Sales Tax Act as well as the Bombay Sales Tax Act. On 17th November, 1976, the applicants applied to the Deputy Commissioner of Sales Tax, Bombay, under section 52 of the Bombay Sales Tax Act seeking his determination as to the nature of the transaction represented by the said contract of 11th April, 1975. They annexed a provisional invoice dated 30th April, 1976, for Rs. 49,451.70. This invoice was in respect of ...
Vernekar Industries Vs. Starit Engineering Co. Pvt. Ltd.
Court: Mumbai
Decided on: Nov-13-1984
Reported in: AIR1985Bom253; 1985(2)BomCR119; 1985MhLJ34
ORDER1. This revision is directed against the order rejecting notice of motion taken out by the defendants for inclusion of costs of Rs. 500/- in the bill of costs of notice of motion taken out and dismissed upon failure of the plaintiffs whose suit was dismissed in default.2. The plaintiffs had filed the suit for recovery of a sum Rs. 10,500/-. That suit was dismissed on October 7, 1981 for default of the plaintiffs. The plaintiffs took out notice of motion No. 1822 of 1982 for setting aside the dismissal and restoration of suit. That motion was made absolute by an order of July, 14, 1982, which quantified a sum of Rs. 500/- as costs being 'throw away costs' and also separately the costs of notice of motion payable within four weeks. Upon such payment of costs the suit was directed to be restored. The order further stated that in default of payment of such costs, notice of motion to stand dismissed with costs. Plaintiffs did not abide by the condition. In the bill of costs of the moti...
Ratilal Thakordas Tamkhuwala and anr. Vs. Vithaldas Magandas Gujarathi
Court: Mumbai
Decided on: Nov-13-1984
Reported in: AIR1985Bom134; 1985(1)BomCR406; (1983)86BOMLR678; 1985MhLJ80
ORDER1. This original defendants' revision is directed against the order quantifying the liability of mesne profits. The Appeal Court quantified the same in the sum of Rs.400/- per month from the date of the decree till the date of the delivery of possession. The quantification from the date of the suit till the date of the order was at the rate of Rs.60.75 per month.2. In this Court Mr. Gumaste submitted that this quantification at the rate of Rs.400/- from the date of the order till the date of the delivery of possession is contrary to law. In the submission of learned Counsel the mesne profits could not be charged more than the standard rent or the statutory rent fixed by the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Reliance is placed on the decision of the Delhi High Court reported in the case of Hindustan Steel (Pvt.) Ltd., v. Smt. Usha Rani Gupta : AIR1969Delhi59 , and the decision of Privy Council in the case of Gurudas Kundu Choudhary v. ...
Zilla Parishad Vs. Khushal Son of Antuji Lanjewar
Court: Mumbai
Decided on: Nov-13-1984
Reported in: 1985(1)BomCR372
V.A. Mohta, J.1. A point of some importance is raised in this petition. It is whether the Maharashtra Zilla Parishads (Contract Service) Rules, 1965 ('the Z.P. Rules' for short) override section 25-F of the Industrial Disputes Act, 1947 ('the ID Act' for short)? 2. As the award is challenged also on other grounds, it will be appropriate to notice first the salient facts. Respondent Khushal Lanjewar was employed in the work-charged establishment of the petitioner Zilla Parishad, Bhandara, as a muster-clerk from 4th February, 1965 to 13th July, 1966; 15th January, 1968 to 13th June, 1968; 12th November, 1971 to 31st July, 1972; 31st December, 1972 to 31st June, 1973 and lastly from 15th March, 1974 to 5th July, 1976. By notice dated 5th July, 1976, his services were terminated on the ground that work was over. Admittedly, neither retrenchment compensation as provided under section 25-F of the ID Act was paid nor the other procedure contemplated therein was followed. According to the resp...
K.F. Mody and Co. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Nov-13-1984
Reported in: 1989(20)LC68(Bombay)
S.P. Bharucha, J.1. The petitioners are an import and export firm. This petition concerns the import by them of dry prunes under an open general licence.2. The Import Policy for 1978-79 provided in paragraph 186 that the details of items which could be imported under Open General Licence (OGL) were given in Appendix 10. Item 22 thereof provided for 'Dry fruits, excluding cashewnuts'. Upon this basis the petitioners imported four consignments of dry prunes on O.G.L. The first two consignments were cleared without objection. The third consignment was detained by the Customs authorities.3. On 15th May 1979 the Assistant Collector of Customs sent to the petitioners a memo alleging that the dry prunes had been imported in contravention of the Trade Control Order inasmuch as they had been imported in consumer, fancy packets of 500 gms. and 250 gms. which were not eligible for release under the provisions of the Open General Licence, Appendix 10, Item 22. On 1st June 1979 the petitioners repl...
Vimal Kishan Karle Vs. United India Insurance Company
Court: Mumbai
Decided on: Nov-13-1984
Reported in: 1(1985)ACC279
Sharad Manohar, J.1. The only grievance of the appellant in whose favour an order for payment of Rs. 21,600/- was passed by Additional Commissioner under the Workmen's Compensation Act is about the condition put by the Commissioners that the payment made by the employer should be almost wholly invested in national savings certificate.2. The accident took place on 23rd October 1981. The deceased was about 40 years of age. He left behind his widow and three children, all of the children were minors. Obviously the widow is a young woman. The order passed by the learned Judge awarding the compensation on 11th January 1984 ignored the fact that for a full period of three years the dependants of the deceased had no other source of income and this resulted in the position that when the compensatory order was passed the learned Commissioner directed that out of Rs. 21,600/-, only a sum of Rs. 1,600/- should be paid to the widow and the entire remaining amount should be invested in national sav...
Commissioner of Sales Tax Vs. Victor Gaskets India Ltd.
Court: Mumbai
Decided on: Nov-12-1984
Reported in: [1985]58STC293(Bom)
Kania, J.1. This is reference on a case stated by the Sales Tax Tribunal under section 61(1) of the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the said Act'). The question referred to us for determination is as under :'Whether on the facts and in the circumstances of this case, the Tribunal was correct in law in holding that the extent of contravention of the recitals of form 15, should be determined on the basis of prudent man's theory and not on pro rata basis ?'2. As there is no controversy regarding the manner in which the question is to be answered, the facts can be very briefly stated :The respondent is a registered dealer under the said Act and is a manufacturer of gaskets of automobiles and diesel engines and has branches outside the State of Maharashtra. The respondent purchased various goods from registered dealer on payment of a reduced rate of tax under section 11 of the said Act by furnishing declarations in form No. 15. During the period from 1st September, 1...
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