Mumbai Court July 1985 Judgments
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Radhikabai and anr. Vs. Janba
Court: Mumbai
Decided on: Jul-05-1985
Reported in: AIR1986Bom48; 1985(2)BomCR708; 1985MhLJ664
Deshpande, J.1. The question referred for decision by the Division Bench in this case is whether in a case covered by S.50 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Tenancy Act for short), the provisions of S.41(2) thereof would apply so as to postpone the entitlement of a tenant to purchase the landlord's interest till he ceases to be a person under disability.2. The petitioners who are widows of one Laxmanrao Wanjari, applied to the Tahsildar, areon Jan., 16, 1967 for a declaration that the opponent was not a tenant of the land survey Nos. 1/1,2 acres 28 gunthas and 3/1 A, 6 acres 39 gunthas of Hirapur and his possession of the lands was illegal and alternatively if it was found that he was a tenant, then for possession under S.50 of the Tenancy Act for possession as the tenant has exercised his right of purchase within one year from the commencement of the tenancy. The respondent opposed that application on the ground that he was a tenant and urged th...
ittefaq Trading Co. Vs. Govt. of India, Ministry of Commerce
Court: Mumbai
Decided on: Jul-04-1985
Reported in: 1989(40)ELT44(Bom)
1. The petitioners are registered exporters of processed for like fruits, vegetables, meat etc. The petitioners had entered into contract dated March 23, 1978 with the overseas buyers M/s. Khamas Meat House, Dubai for supply of vegetables, fruits and meat. The contract was duly registered in accordance with 'the Import Trade Control Policy for Registered Exporters April 1977 - March 1978'. The Policy, inter alia, prescribes that the registered exporters would be entitled to REP licence to the extent of 5% of the FOB value in respect of the export contracts and also for cash assistance of 15% in respect of fruits and vegetables and 10% on respect of export of meat. Paragraph 16 of Part 'B' of Section I of the Import Policy, inter alia, prescribes that in case of registered export contracts, the crucial date for determining the percentage of replenishment will be the date of the contract.2. In accordance with the Import Policy, the petitioners exported the goods between January and March...
Union of India (Uoi) Vs. Pundalik Manikrao Waghmare and anr.
Court: Mumbai
Decided on: Jul-04-1985
Reported in: 1985(2)BomCR363; 1986MhLJ533
K. Madhava Reddy, C.J.1. This second appeal is by the Union of India against the appellate decree in Civil Appeal No. 282 of 1978 on the file of the Assistant Judge, Solapur by which the decree in Regular Civil Suit No. 616 of 1974 on the file of the Civil Judge (Senior Division) Solapur was reversed and the suit was decreed.2. The respondent herein is the original plaintiff. He was recruited as Police Constable in the State Reserve Police Force, Group II, Pune on 2nd November, 1965. On charges of indiscipline, after a departmental enquiry, he was dismissed from service by an order dated 28-6-1973. In the suit, he called in question the order of dismissal and prayed for a declaration that it was illegal and void and prayed for reinstatement in the service and payment of arrears of salary and allowances due to him and in the alternative to declare that the order of dismissal does not disqualify him from having such other employment as he may get. He was originally enlisted as an Armed P...
M.R.F. Limited Vs. Union of India and Others
Court: Mumbai
Decided on: Jul-03-1985
Reported in: 1986(9)ECC198; 1985(22)ELT5(Bom)
Couto, J.1. Whether rubberised tyre cord warp sheets should be classified for the purpose of levying excise duty under Item 16A(2) or under either Item 19I(b) or Item 22 of the Central Excise Tariff is the question that falls for determination of this Court. The petitioners indeed challenge in this writ petition the orders dated 15th October, 1982, and 6th December, 1982, made by the second and third respondents respectively, seeking to levy excise duty on rubberised tyre cord warp sheets employed in the manufacture of automobile tyres under Item 19I(b) or Item 22, instead of under Item 16A(2), of the Central Excise Tariff, as well as Tariff Advice No. 52/80, dated 22nd September, 1980.2. The petitioners are a company incorporated under the Companies Act, carrying on the business of manufacturing automobile tyres and rubber products in their factories, inter alia, at Usgao, Goa. They utilise tyre cord warp sheets and cotton fabrics viz., nylon tyer cord warp sheets, rayon tyer cord war...
Surendrasingh B. Saud and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-03-1985
Reported in: 1985(2)BomCR518
B.A. Masodkar, J.1. On the sprawling outskirts of Greater Bombay lies the area which is known as Versova, an erstwhile fishermen village now turned into a concrete jungle. In Yari Galli of this area was situate Ratanshaw Bungalow. It was a house standing as if a lone island surrounded on all sides by huge and tall concrete structures developed and erected by builders. This Ratanshaw Bungalow was tenanted property and one R.R. Todiwalla appears to be its landlord. It is said that one Harbachansingh Sidhu was the original tenant. 2. The record shows that Harbachansingh Sidhu left Bombay for Punjab some time before 1980. The tenement was occupied by his wife Pritipal, the victim of the homicidal death, and Miss Bhupinder Kuar, accused No. 3. The occurrence, according to the prosecution, took place between the night of April 18 and April 19, 1983 during which Mrs. Pritipal was done to death and her dead body was buried in the compound near the fencing lying to the back side of this bungalo...
Laxman Son of Ambadas Kotamkar Vs. Central Board of Excise and Customs ...
Court: Mumbai
Decided on: Jul-03-1985
Reported in: 1985(2)BomCR573
V.A. Mohta, J.1. Petitioner Laxman Kotamkar, born on 15th January, 1928, was serving in the department of Central Excise since 4th February, 1952. He started his career as an Inspector/Range Officer and rose to the position of Superintendent of Central Excise some time in 1979. On 31st January, 1984, on completion of 32 years of his service, he gave a notice of voluntary retirement with effect from 30th April, 1984. His grievance in the present petition relates to non-finalisation of the pension papers. 2. The Collector, Central Excise and Customs, Nagpur (respondent No. 2) informed the petitioner to wait for some time for voluntary retirement as there were vacancies in the grade of Group II Superintendents to which the petitioner belonged. The petitioner took no time to reply that he was keen to retire and was not agreeable to wait. On 30th April, 1984, he relinquished his charge, when the final pension papers were already prepared. On 9th May, 1984, he was informed to hand over the c...
Narayan Shrinivass Fugro Vs. Shamjibhai Bhika Solanki and anr.
Court: Mumbai
Decided on: Jul-02-1985
Reported in: AIR1986Bom275
ORDERG.D. Kamat, J.1. This Order shall dispose of the following issue : --Whether the petition is not maintainable for want of proper verification of the petition and the supporting affidavit (O.P.R. 1).2. The above issue arose in the following circumstances :The petitioner who was a candidate at the general elections to the Legislative Assembly of Goa, Daman and Diu from 30-Diu Assembly Constituency having been defeated challenges the election of respondent 1, for short returned candidate, on the grounds that the returned candidate committed corrupt practices. Apart from seeking a declaration that the election of the returned candidate is void he also seeks an order for a declaration that he has been duly elected from that Constituency: The allegation of corrupt practices as contained in para 5(1) relates to bribery. Paras 5(2) and 5(3) are in relation to corrupt practice of undue influence and para 5(4) relates to other corrupt practices. While verifying this petition it has been how...
Nirmalaben Devchandbhai Tandel Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-02-1985
Reported in: 1985(2)BomCR482
G.F. Couto, J.1. The petitioner is the wife of one Devchandbhai Kalanbhai Tandel who is detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1947 (hereinafter called the COFEPOSA). She challenges, in this writ for Habeas Corpus, the Detention Order dated 23rd February, 1984 issued by the second respondent under section 3(1) of the COPEPOSA purportedly, to prevent him from engaging in concealing smuggled goods and from engaging in keeping smuggled goods, as well as the declaration dated 15th February, 1985 made by the fourth respondent under section 9(1) of the COFEPOSA and its constitutional validity. The said Detention Order as well as the grounds for the detention were issued on 23rd February, 1984 and actually served on the detenue on 2nd February, 1985.2. As disclosed in the grounds of detention, the basis for issuing the said detention order is that on 14-11-1983, on receipt of information that some contraband goods like...
Union of India and Others Vs. the Century Spg. and Mfg. Co. Ltd.
Court: Mumbai
Decided on: Jul-01-1985
Reported in: 1986(9)ECC2; 1990LC78(Bombay); 1985(21)ELT668(Bom)
Smt. Sujata V. Manohar, J.1. The original petitioners are the respondents in the appeals. They manufacture, inter alia, cotton fabrics falling under Tariff Item No. 19 of the First Schedule to the Central Excises and Salt Act, 1944. Amongst the cotton fabrics manufactured by the petitioners there is a variety known as 'A.B. Dyed Water-Proofed Umbrella Cloth', which is the subject-matter of the two appeals. The initials A.B. stand for Aniline Black. The petitioners manufacture this umbrella cloth in different grades such as - Superfine, Fine, Medium A, Medium B or Coarse. The petitioners use wax emulsion in order to make the fabric water-proof. After wax emulsion treatment the umbrella cloth of the petitioners is screener calendered at high temperature and under heavy pressure to produce silk like shine. As a result of screener calendering the pores or interstices are also filled up due to pressure; and wax-like emulsion melts at high temperature to form a uniform film which permeates r...
Roche/anglo-french Employees' Union Vs. P.B. Banne and another
Court: Mumbai
Decided on: Jul-01-1985
Reported in: (1986)IILLJ31Bom
ORDER1. The Petitioner is a Trade Union registered under the Indian Trade Unions Act and represents the employees employed by respondent No. 2. The respondent No. 2 is a Public Limited Company incorporated under the Indian Companies Act and is engaged in the manufacture of Pharmaceutical and Fine Chemical Products. The respondent No. 2-Company has a factory at Bangalore and its registered Office and distribution Office including Stores is situated at Parel, Bombay. It also has a Marketing and Materials Management Divisions at Worli, Bombay. The respondent No. 2-Company has employed about 66 workmen at its establishment at Parel and about 30 workmen at its establishment at Worli. In the year 1983, several industrial disputes arose in respect of the employees of the Company in regard to the payment of customary ex-gratia and other matter. The employees could not secure favourable response from the Company and thereupon observed one day protest strike. That resulted into strained relation...
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