Mumbai Court September 1984 Judgments
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Glaxo Laboratories (India) Ltd. Vs. Union of India and Others
Court: Mumbai
Decided on: Sep-03-1984
Reported in: 1984(3)ECC255; 1985(21)ELT72(Bom)
1. Messrs Glaxo Laboratories (India) Ltd. are the manufacturers of a number of pharmaceutical and chemical preparations and medicines. The petitioners import a substance known as Polyvinyl Pyrrolidone (also known as 'P.V.P.') which is required by the petitioners in the preparation of pharmaceutical products. Polyvinyl Pyrrolidone is marketed internationally under the trade name 'Plasdone' or 'Povidone'.2. In 1971 the petitioners imported a consignment of 4500 pounds of Plasdone of pharmaceutical grade. The consignment arrived at Bombay in September 1971. The petitioners filed a Bill of Entry in respect of this consignment classifying Plasdone under Tariff Item No. 87 of the Indian Tariff Act 1934. Item 87 was the residuary item under the First Schedule to the Indian Tariff Act, 1934 which was then in force. The rate of duty payable under tariff item No. 87 was 60 per cent. The Customs authorities, however, did not accept this classification. They classified 'Plasdone' under tariff item...
L.P. Badiani Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Sep-03-1984
Reported in: (1985)45CTR(Bom)172; [1985]154ITR204(Bom)
Desai, J.1. The question referred to us by the Income-tax Appellate Tribunal for the assessment years 1967-68, 1968-69 and 1969-70 reads as under :'Whether, on the facts and in the circumstances of the case, the applicant-assessee is entitled to the set-off of deemed dividends against the dividends actually declared ?'2. It may be mentioned that a similar reference is already pending for the assessment year 1962-63, but due to some technical difficulty, the said reference has not yet been numbered. We have been told that the Tribunal had given detailed judgment for the said assessment year whilst disposing of a similar contention of the assessee in Income-tax Application No. 7516 of 1967-68. That judgment has been perused by us and we are in substantial agreement with what the Tribunal has observed in paragraphs 6 and 7 of the said appellate judgment. However, we will set down a few facts to dispose of the present reference. The reference for the earlier year will be required to be dis...
Bhiwa Y. Mulam and Another Vs. Indabrator Limited and Another
Court: Mumbai
Decided on: Sep-03-1984
Reported in: [1984(49)FLR309]; (1985)ILLJ20Bom
Kantharia, J.1. By this Writ Petition the petitioner Bhiwa Y. Mulam (hereinafter referred to as 'the workman'), challenges an award passed by the learned Industrial Tribunal, Maharashtra, Bombay, in Reference (IT) No. 93 of 1979, on 30th January, 1984.2. The short facts leading to the filing of this Writ Petition are that the petitioner was employed by M/s. Indabrator Limited (hereinafter referred to as 'the employer') as a Welder. He was working there for about five years. He was an active member of petitioner No. 2 Trade Union i.e., Engineering and Metal Workers' Union and was also a member of the Factory Committee of the said Union. According to him, the employer did not like their employees joining the said Union and, therefore, they encouraged another Union called Bharatiya Kamgar Sena to come up and started harassing the members of the Union to which the workmen belonged. He further alleged that the Factory Committee consisted of five workmen out of which three employees, includi...
Balakrishna Tindal Vs. M/S Indabrator Limited and Another
Court: Mumbai
Decided on: Sep-03-1984
Reported in: [1984(49)FLR273]; (1985)ILLJ23Bom
Kantharia, J.1. By this writ petition the petitioner Balkrishna B Tandel (hereinafter referred to as 'the workman'), challenges an award passed by the learned Presiding Officer, 9th Labour Court, Bombay, in Reference (IDA) No. 478 of 1978, on 2nd March, 1984.2. The short facts leading to the filing of this writ petition are that the petitioner was employed by M/s. Indabrator Limited (hereinafter referred to as 'the employer') as a Fitter. He was working there for the about 9 years. He was an active member of a Trade Union known as Engineering and Metal Workers' Union and was also Joint Secretary of the Factory Committee of the said Union. According to him, the employer did not like their employees joining the said Union and, therefore, they encouraged another Union called Bharatiya Kamgar Sena to come up and started harassing the members of the Union to which the workman belonged. He further alleged that the Factory Committee consisted of five workmen out of which three employees, incl...
Shankar Nana Waychal and ors. Vs. Mohan Ganesh Date and anr.
Court: Mumbai
Decided on: Sep-03-1984
Reported in: 1985(1)BomCR100; (1984)86BOMLR483; 1984MhLJ834
R.A. Jahagirdar, J.1. This is the landlords petition against the decree of the Appeal Court below refusing to grant them a decree for possession of the premises which are tenanted by respondents Nos. 1 and 2 in this petition. The grounds which were urged in support of the prayer for decree for eviction were that the respondents were guilty of an act of nuisance, that the landlords required the suit premises reasonably and bona fide for their own use and occupation and that the second respondent has acquired after the coming into operation and of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Bombay Rent Act') vacant possession of a suitable residence. These grounds are covered by Clauses (c), (g) and (l) of section 13(1) of the Bombay Rent Act. On questions arising under Clauses (c) and (g) the Court below has recorded findings, which are essentially findings of facts. Therefore, this Court under Article 227 of the Constitution will n...
Shakuntala Balwant Gadgil Vs. Shubhada Suhas Kulkarni
Court: Mumbai
Decided on: Sep-03-1984
Reported in: 1985(1)BomCR231; 1985MhLJ77
Sharad Manohar, J.1. The point involved in this writ petition is extremely narrow. The question is as to whether a particular issues raised by the defendant should be treated as a preliminary issue or not. For the reasons which will be presently mentioned herein, the learned Judge ought to have seen that the determination of the issue falls in very narrow compass and by the determination of the said issue the entire suit could be disposed of one way or the other hence the learned Judge should have himself seen, in the circumstances of the case, that the said issue ought to have been tried by him as a preliminary issue.2. The facts are very simple. The suit premises are situate in village Ayare, Taluka Kalyan, Dist. Thane. Admittedly the plaintiff is the owner of the building in which the premises are situate and the defendant has been the tenant of the same. According to the plaintiff, he terminated the defendant's tenancy by a notice dated 9-8-1982 and called upon him to hand over the...
Kamal H. Javeri and anr. Vs. Chandulal Gulabchand Kothari and anr.
Court: Mumbai
Decided on: Sep-03-1984
Reported in: 1985CriLJ1215
ORDERS.P. Kurdukar, J.1. This criminal application under Section 482, Cr. P.C. 1973, is directed against the order of issuance of process for offence punishable under Section 500, I.P.C., against the petitioners accused passed by the Metropolitan Magistrate, 28th Court, Esplanade, Bombay.2. The petitioners are the original accused who are hereinafter referred to as 'the accused' in Criminal Case No. 245/S of 1983 filed by respondent 1 being the private complaint in the Court of Metropolitan Magistrate, 28th Court, Esplanade, Bombay. This complaint was filed on June 7,1983. In order to appreciate the allegations contained in this complaint, it would be necessary to refer to two other complaints filed by the accused preceding this private complaint which according to the complainant formed the basis for his criminal action under Sections 500/114/34, I.P.C.Both the accused are the employees of Godrej Company. It is also not in dispute that one Saindas Bhandari is the proprietor of the fir...
P. Prabhakar Reddy Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-01-1984
Reported in: 1985(1)BomCR365
Vaze, J.1. The 14th lane Kamathipura toward the south of St. Anthoni High School is a cluster of dilapidated chawls which constitute the ubiquitous feature of any port town the red light area. The second floor of Paperwala chawl is a house of ill-repute catering to cheap clientele in which room No. 7/8 as well as the adjoining room 9/10 are occupied by women of easy virtue. In room No. 7/8 P.W. 3 Fatima, Amina, Paru, Gangu, Pyaran and Sunita a non-descript group, were carrying on business. Privacy by a permanent plywood partition was a luxury which these girls could ill-afford; they had to make with curtains to be drawn when the occasion demanded. One Karim, son of maternal uncle of Fatima, used to supply water to the inmates.2. In the next room which bore the number 9/10 P.W. 5 Hamida carried on business along with four more women viz. P.W. 6 Parvati, Shanta, Kasturi and Sharda. The arrangement of cots and curtains was similar to that in the adjoining room 7/8.3. P.W. 2 Deepak Patel w...
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