Mumbai Court June 1984 Judgments
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Kishanlal Ramlal Vs. Balkrishna Shetty and ors. and Rajkumar Motwani a ...
Court: Mumbai
Decided on: Jun-13-1984
Reported in: 1984(2)BomCR368
B.C. Gadgil, J.1. These two petitions can be conveniently decided by a common judgment, as practically same and similar controversy exists in both of them.2. In both these petitions the petitioner is the owner and proprietor of Rasna Restaurant, Churchgate, Bombay. Respondent No. 1 in Writ Petition No. 822 of 1984 is one Balkrishna. He was in service of Kishanlal. The services of Rajkumar and Balkrishna came to an end in 1976. Respondent No. 1 in Writ Petition No. 823 of 1984 (hereinafter referred to as Rajkumar) was serving with the petitioner (hereinafter referred to as Kishanlal). In 1976 the services of Rajkumar came to an end. A complaint was made about this termination of service of Balkrishna and Rajkumar with an allegation that the said termination was by way of victimisation and in colourable exercise of the powers of the employer. Such type of termination has been defined as unfair labour practice as per item No. 1(a) and (b) of Schedule IV of the Maharashtra Recognition of T...
Tukaram Balaji Kadam and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-12-1984
Reported in: 1984(2)BomCR457
Sharad Manohar, J.1. This is an appeal filed by the original accused against the order of conviction and sentence passed by the learned Additional Special Judge, Bombay, convicting the appellant of the offence under section 409, Indian Penal Code but sentencing him only to pay fine of Rs. 1500/- or in default to suffer R.I. for 4 months.2. When the appeal reached hearing before me and when the prosecution case was stated by the learned Counsel for the appellant, I was prima faice of the view that a somewhat positive and refreshing approach was taken by the officers concerned who had conceived of this prosecution and after going through the judgment of the lower Court with the help of the learned Counsel for the defendant, I was further satisfied at least prima faice that there was a bold and refreshing approach to the question shown even by the learned Judge in dealing with a case which is almost archetypical of the social evils which threatens to be entrenched deeper and deeper into o...
Chintaman Sadashiv Deshpande Vs. the Maharashtra State Road Transport ...
Court: Mumbai
Decided on: Jun-12-1984
Reported in: 1(1985)ACC143
G.A. Paunikar, J. 1. The appellant-original plaintiff filed a suit for recovery of Rs. 20,000/- as compensation and damages on account of accident. His case was that he was travelling from Yeotmal of Pusad by S.T. Bus MHD-484, owned by the respondent No. 1 the original defendant No. 1 on 6-6-1971. This Bus started from Yeotmal at about 12,30 P.M. and was nearing Pusad. A mile or so before Pusad it had to cross a truck on the road being Truck No. BYY-7637 owned by the respondent No. 3 original defendant No. 3. The S.T. Bus was being driven by respondent No. 2, the original defendant No. 2, who was then in employment of the defendant No. 1. The truck was being driven by the respondent No. 4, the original defendant No. 4. The plaintiff was sitting in the bus. While the S.T. Bus was bypassing the truck, the driver of the Bus was so rash and negligent that he drove the bus close to the truck with the result that the hook of the truck entered the left hand of the plaintiff which was complete...
Sampuran Singh Vs. Kubrabi and ors.
Court: Mumbai
Decided on: Jun-12-1984
Reported in: 1(1985)ACC157
G.A. Paunikar, J.1. The respondent No. 1 is the widow of deceased Sk. Wazir and the respondents 2 to 6 are their children. The respondent No. 6 is the mother of the deceased. All these respondents were exclusively depending on the deceased. The deceased was an employee of the appellant-original N.A. No. 1 as his driver and was having a driver's licence. He was in the regular employment of the appellant for five months preceding his death. The appellant was paying him Rs. 225/- p.m. as wages. The appellant was doing the business of operating trucks. On 17-9-1973 the deceased was on duty of goods truck MHV-1975 owned by the appellant. This truck met with an accident at Kamareddi in Andhra Pradesh. The deceased had sustained injuries in that accident and he died as a result of those injuries in the accident arising out of and in the course of employment of the appellant.2. The respondents 1 to 6 claiming to be the dependents of the deceased filed an application for compensation under the ...
Dedhia Jewellers Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-11-1984
Reported in: (1984)(18)ELT396Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. 9/83 dated 11-5-83 passed by the Collector of Customs (Preventive) Bombay, whereby he ordered, under Section 71 of the Gold (Control) Act (hereinafter referred to as the Act), confiscation of certain qualities of primary gold and gold ornaments seized from the appellants but giving them an option to redeem the same on payment of a fine of Rs. 25,000/-. The Collector also imposed, under Section 74 of the Act, a penalty of Rs. 1,000/- on the appellant firm and Rs. 500/- each on the two partners of the firm.2. The facts of the case, briefly stated, are that, on the basis of imformation, the Superintendent, Gold Control, Bombay, and his staff searched the licensed shop premises of M/s. Dedhia Jewellers, licensed gold dealers, on 22-10-1982 in the presence of witnesses. The statutory account books of the firm were scrutinised. The balance as on 22-10-1982 was arrived at as follows :- Then, a declaration regarding the stock-in-trade as ...
Kadarbhai Noorali Bohari and ors. Vs. the State of Maharashtra and ors ...
Court: Mumbai
Decided on: Jun-11-1984
Reported in: AIR1985Bom247; 1985(1)BomCR104
ORDER1. The petitioners (who are Opponents Nos. 3A to 3D in Regular Darkhast No.13 of 1983 on the file of the Civil Judge, Junior Division, Amalner) are challenging the orders passed in the said Darhjast whereunder it was directed that the property in question should be delivered in possession of the original applicant-decree-holder.2. It would be convenient to refer to the parties by their names and not as applicants-opponents or petitioners-respondents. City Survey No. 813/A/14 situated at Amalner (which is now final plot No. 215/A) was originally an Inam property of Class VI-B. The property was owned by respondents 4 to 7 (hereinafter referred to as 'Bhirodes'). On account of the Inferior Village Watan Abolition Act, 1958 the said Inam was abolished and the question arose as to whom the land should be regranted. The concerned revenue authorities initially regranted the land to Bhirodes. They applied for conversion of regranted tenure from new tenure to the old tenure. This prayer wa...
Govind Dadu Kamble Vs. Gangubai W/O Govind Kamble
Court: Mumbai
Decided on: Jun-11-1984
Reported in: 1985(1)BomCR504
V.S. Kotwal, J.1. The wife moves the Criminal Court for maintenance under section 125 of the Criminal Procedure Code. According to her, she was married as per Hindu Religious Rites. She married the petitioner herein as per Hindu Rites at Dongargaon in Sangola Taluka of Solapur District. This event occurred about 30 years back and since then the spouses were staying together for nearly 23 years in house at Bombay. According to her, the husband had kept a mistress by name Ranjanabai and he was also indulging in ill-treating her and had actually deserted her. She has lodged certain complaints with the police and was also medically treated. Ultimately, it reached a point of no return as according to her the husband drove her from the house about four years back since when she has been staying with her sister in Sion locality.2. It is on these allegations that the application was filed. She further contended that the husband was getting about Rs. 2000/- as his pay as he was employed in Tata...
T. Mohamed Bapu Vs. Eighth Income-tax Officer.
Court: Mumbai
Decided on: Jun-05-1984
Reported in: [1986]17ITD634(Mum)
ORDERPer Shri S. Grover, Judicial Member - In this second appeal, the contention is that the ITO after determining the loss of Rs. 62,856 regarding which figure their is no dispute, should have given further specific directions that it shall be carried forward for adjustment in the succeeding years. The assessment year involved is 1977-78 and the order under appeal is of 22-2-1983 passed by the AAC, C-Range, Bombay.2. For the appellant, Shri J. I. Patel, advocate, very vehemently argued that in view of the provision of sections 157 and 72(1) of the Income-tax Act, 1961 (the Act), it was mandatory for the ITO to have recorded in the order than the loss shall be carried forward. Alternatively, Shri Patil submitted that the whatever may be the rationale/merits/effects of the ITOs non-recording the said words, the AACs order contained some observation which may adversely affect the assessees rights inasmuch as his directions that unless the loss returns had been filed in time, it would be ...
Choksi Kantilal Sankalchand and Vs. Gold Control Administrator
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-04-1984
Reported in: (1984)(18)ELT132Tri(Mum.)bai
1. This appeal arises out of and is directed against the order in original bearing No. 1/82 dated 6-12-82 passed by the Collector of Central Excise, Baroda, by which he refused to induct Smt. Chandrikaben M. Bhavsar as a partner in the firm.2. The undisputed facts are that the firm M/s. Chokshi Kantilal Sankal- chand and Bros. consisting of three partners, namely ; Shri Kantilal Sankal- chand Bhavsar, Smt. Maniben Ranchhodlal and Shri Ramanlal Sankalchand Bhavsar held the Gold dealer's licence No. ADI/84/G/68.After the death of Shri Ramanlal Sankalchand which took place on 11-5-80 they applied for a change in the constitution of the firm and requested to induct Shri Pankaj- kumar Ramanlal Bhavsar son of the deceased and Smt. Chandrikaben Manu- bhai Bhavsar. It appears that the Collector of Central Excise approved the induction of Shri Pankajkumar but rejected the request for induction of Smt. Chandrikaben. This order of the Collector was communicated to the firm through the Assistant ...
Collector of Customs Vs. Om Prakash JaIn of Surat and anr.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-04-1984
Reported in: (1984)(18)ELT128Tri(Mum.)bai
1.This appeal under Section 129A(2) of the Customs Act is by the Collector of Customs, Ahmedabad and is directed against the Order-in-Appeal bearing No. S/49-359-360/82 dated 24-1-1983 passed by the Collector of Customs (Appeals), Bombay by which he set aside the personal penalty of Rs. 2,000/- imposed on each of the Respondents and also confiscation of the Coloured T.V. and Video Cassette Recorder passed by the Assistant Collector of Customs in his order bearing No.S/36/Cus/82, dated 9-11-1982.2. The facts necessary for the disposal of this appeal stated briefly are as under :- Shri Pravinchandra Jain, the Second Respondent brought to India a coloured T.V. and a V.C.R. and got them cleared as baggage. The officers of the Customs on 23-8-82 raided and searched the residential premises of the first respondent and seized the two items which were cleared as baggage by the second respondent. The officers of the Customs recorded the statement of the first respondent wherein it was stated t...
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