Mumbai Court April 1984 Judgments
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Ramachandra Vithuji Kothare Vs. Industrial Court, Nagpur and ors.
Court: Mumbai
Decided on: Apr-11-1984
Reported in: (1986)ILLJ363Bom; 1985MhLJ709
ORDER1. The petitioner challenges in this petition the orders of the Courts below passed under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'the Act').2. The petitioner was employed as a conductor in the services of the respondent No. 2 Maharashtra State Road Transport Corporation. It is not is dispute that he was a temporary employee. His services were terminated with effect from 24th September, 1976 by offering him one month's wages in lieu of one month's notice under the provisions of Regulation 61 of the Bombay State Transport Service Regulations (for short 'the Regulations') framed by the respondent No. 2 Coporation under the provisions of S. 45 of the Road Transport Corporations Act, 1950. It is pertinent to notice at this stage that the respondent No. 2 Corporations is a statutory Corporation created under the provisions of the Road Transport Corporations Act, 1950 and is 'State' within Art. 12 of th...
Commissioner of Sales Tax, Maharashtra State, Bombay Vs. V. Purshottam ...
Court: Mumbai
Decided on: Apr-11-1984
Reported in: [1985]59STC190(Bom)
Shah, J.1. On a case stated by the Maharashtra Sales Tax Tribunal under section 34(1) of the Bombay Sales Tax Act, 1953 in Reference Application No. 111 of 1971, the Tribunal has referred the following question for our determinations :'Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the assessment of the respondent made by the Sales Tax Officer, Enforcement Branch, Bombay, for the period from 1st April, 1957 to 31st March, 1959 was barred by limitation ?'2. The period of assessment being from April 1, 1957 to March 31, 1959 the case would be governed by the provisions of the Bombay Sales Tax Act, 1953. The provisions of sub-section (6) of section 14 of the said Act are in pari materia with those of sub-section (6) of section 33 of the Bombay Sales Tax Act, 1959. Similarly, the provisions of section 15(1) are in pari materia with those of sub-section (1) of section 35 of the Bombay Sales Tax Act, 1959. It is common ground that the que...
Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Shrimal Sakha ...
Court: Mumbai
Decided on: Apr-11-1984
Reported in: [1984]57STC224(Bom)
Shah, J.1. The respondent-assessee in these references under section 34(1) of the Bombay Sales Tax Act, 1953 (hereinafter referred to as the said Act), was a registered dealer under the said Act. For the period April 1, 1954, to March 31, 1955, he was assessed under sub-section (3) of section 14 of the said Act by the Sales Tax Officer, Dhule, on December 17, 1956. Similarly, for the period April 1, 1955, to March 31, 1956, he was assessed under the provisions of the said Act on November 29, 1957, and for the period from April 1, 1956, to March 31, 1957, on November 29, 1957. Thereafter, the Sales Tax Officer got some material from a third party on the basis of which he held that the dealer had suppressed certain purchases and corresponding sales and proposed to reassess the dealer in respect of such escaped turnover under section 15 of the said Act. Accordingly, on December 13, 1962, he issued three notices in form No. XIV in respect of the said assessment periods to the dealer. These...
United India Insurance Co. Ltd. Vs. Mathurabai and ors.
Court: Mumbai
Decided on: Apr-11-1984
Reported in: 2(1985)ACC390
Tated, J.1. The original opponent No. 3, United India Insurance Co. Ltd., Polan Peth, Jalgaon, preferred this appeal against the award passed by the Member of the Motor Accidents claims Tribunal, Jalgaon, on 18th December 1982 in Motor Accident claims Petition, No. 21 of 1981 decreeing the original petitioners' claims to the extent of Rs. 37000/- with interest at the rate of 6 per cent per annum from the date of the application till payment.2. The facts giving rise to this appeal are that truck No. MHS 5210, owned by Prithipalsingh Amritsingh, opponent No. 2A, and insured with the appellant, dashed against a boy, Bhanudas alias Madhukar Ramdas Bari, aged about 20 years, on 8th March 1981 at about 7 a m. within the area of Village Shirsoli on Jalgaon-Shirsoli Road and the boy succumbed to the injuries sustained by the dash. He was standing near a stationary truck bearing No. MHV 7490 when the truck of Prithipalsingh dashed against the stationary truck and also against him. The dependant...
Om Parkash Sharma Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Apr-11-1984
Reported in: 1(1985)ACC78
S.K. Desai, J. 1. This is an appeal filed against the decision of the learned Civil Judge Senior Division, an Ex-Officio Claims Commissioner, Pune, in Miscellaneous Application No. 150 of 1979 on his file rejecting the applicant's (appellant herein) claim for compensation on the ground that he was not entitled to claim compensation under the provisions contained in Section 82-A of the Indian Railways Act.2. At the commencement of this appeal it was conceded on behalf of the railway administration that the applicant was a passenger who had paid for the ticket which was payable by him as per the rule although undoubtedly he was an escort accompanying the goods consigned by Ms employers in a goods train. In view of this concession no further arguments have been advanced by Mr. Kudrolli on this point.3. Under General Rules 136 to be found in Indian Railways Act by Gyan Prakash (3rd Edition) it is provided that such escort may be allowed to accompany motors cars, other vehicles, tractors an...
Meghraj Gordhandas Gehi and Mani Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-10-1984
Reported in: (1985)LC147Tri(Mum.)bai
1. These are two appeals by Shri Meghraj Gordhandas Gehi No. 255/83 (hereinafter referred to as 1st appellant) and Mani Parambath Aboobaekar (hereinafter referred to as 2nd appellant) filed to the Tribunal under Section 129A of the Customs Act, 1962 against order No.S/14-6-28/81 Pint dated 16th August 1982 passed by the Additional Collector of Customs (P) Bombay.2. The facts of the case arc that as a result of surveillance by the Customs Intelligence Officers, the 1st and 2nd appellant who were bound for Hong Kong by Air India Flight No. A.I. 308 were intercepted at the Bombay Airport. The 1st appellant had been cleared through the Customs and was holding a black brief case while the second had yet to report to the Customs counter for baggage examination and was holding a black rexine handbag. Cursory examination disclosed concealment of foreign exchange in the brief case held by the 1st appellant Panchas were called and both of them denied having any Indian currency, foreign currency...
United Western Bank Limited Vs. Central Provident Fund Commissioner an ...
Court: Mumbai
Decided on: Apr-10-1984
Reported in: 1984(2)BomCR232
R.A. Jahagirdar, J.1. The facts in this petition are few and there is also no dispute about the same. The point that falls for determination is also a narrow one and that is relating to the interpretation of a notification issued by the Central Government on 18th December, 1965 under section 1(3)(b) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Provident Funds Act'). The petitioner is a limited company carrying on the business of banking. It is a scheduled bank having its registered and head office at Satara, a district place in the State of Maharashtra. Prior to 1972 the petitioner was carrying on the said business of banking entirely within the State of Maharashtra. However, in the year 1972 the petitioner established certain branches outside the State of Maharashtra. The question is as to whether under the express provisions contained in the notification dated 18th August, 1965 (hereinafter referred to as the '1965 notifica...
Indian Cork Mills Ltd. and ors. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-07-1984
Reported in: (2003)(90)ECC615
1. Appeal No. 1/75 arises out of the Order-in-Original bearing No.V-15A (15)2/73, dt. 24.10.74 passed by the Collector of Central Excise, Bombay, by which he passed the following order: (1) confiscation of 158 rolls of PVC films but gave an option to redeem the goods on payment of a fine of Rs. 5 thousand in lieu of confiscation. (2) directed that duty at the appropriate rate be recovered from the firm in respect of the following goods: (i) Laminated P.V.C. films 200 metres (ii) Flexible P.V.C. films 50,063 metres, (iii) Flexible P.V.C. films 582 kg. (3) imposed on the firm a penalty of Rs. 50,000 under Rule 173Q and Rs. 2,000 under Rule 226 of the Central Excise Rules.2. Appeal No. 3/75 arises out of the Order-in-Original No. V/15-15 (2A)/73, dt. 2.7.75 passed by the Collector of Central Excise, Bombay, by which he directed recovery of duty on certain quantities of P.V.C, films and also imposed a penalty of Rs. 50,000 under Rule 173Q and a further penalty of Rs. 1,000 under Rule 52A ...
Commissioner of Sales Tax Vs. B.A. Kulkarni
Court: Mumbai
Decided on: Apr-07-1984
Reported in: [1984]56STC62(Bom)
Kania, J.1. This is a reference on a statement of the case submitted by the Maharashtra Sales Tax Tribunal under section 34(1) of the Bombay Sales Tax Act, 1953 (referred to hereinafter as 'the said Act'.)2. The relevant facts giving rise to this reference are as follows :The respondent is a dealer registered under the said Act. The assessment periods with which we are concerned are the periods from 1st April, 1958, to 31st March, 1959, and 1st April, 1959, to 31st December, 1959, respectively. A common statement of the case has been submitted in respect of two reference applications, namely, reference applications Nos. 51 and 52 of 1965 respectively relating to the aforesaid two assessment periods, and really speaking, there should have been two references filed by the Commissioner. However, as the reference arises from a common statement of the case, we are disposing it of as it is at the request of both the parties in respect of the aforesaid periods. It appears that it was found by...
Das Gupta Vs. Prakash K. Shah
Court: Mumbai
Decided on: Apr-07-1984
Reported in: AIR1984Bom390; 1984(2)BomCR685; (1984)86BOMLR267; [1985]153ITR76(Bom); 1984MhLJ694
ORDER1 TO 4(After stating facts, not material to the report. His Lordship proceeded).5. The appellate bench below negatived the case of the petitioner on two grounds. The appellate bench held that the application of condonation of delay was not presented along with the appeal memo and inder the provisions of Order 41, Rule 3A. Civil P. C. an appeal could not be entertained if it is not accompanied by an application for condonation of delay. Secondly, on merits also the appellate bench found that the petitioner had failed to establish that there was sufficient cause for not preferring the appeal within time by proving that he was induced by the advice to prefer an appeal belatedly. It is against this order of the appellate bench that the present petition under Article 227 of the Constitution has been preferred.6. Mr. Deshmukh, the learned advocate appearing in support of this petition, has contended that the view of the appellate bench below that the provisions of Order 41, Rule 3A of t...
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