Mumbai Court September 1985 Judgments
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Indian Navy Sailors' Home Vs. Bombay Gymkhana Club Caterers and allied ...
Court: Mumbai
Decided on: Sep-11-1985
Reported in: 1986(2)BomCR248; (1986)88BOMLR1; (1986)IILLJ154Bom; 1986MhLJ45
1. The petitioner is Indian Navy Sailors' Home. The 1st Respondent-Bombay Gymkhana Clubs and Allied Employees' Union-is a trade union of which the civilian staff employed at the petitioner-Home are members. The writ petition challenges an Award dated 27th April, 1981 made by the Industrial Tribunal at Bombay under which the Tribunal has held that the petitioner is an 'industry' as defined under S. 2(j) of the Industrial Disputes Act, 1947 and has also held that the Government of Maharashtra is the appropriate Government entitled to make the reference in question in the exercise of its powers under S. 10 of the Industrial Disputes Act, 1947.2. Standing Orders relating to Indian Navy Sailors' Home regulate the organisation and functioning of the petitioner-Home. The Indian Navy Sailors' Home is an integral part of the total Naval Organisation and is designed to provide facilities and amenities which cannot be provided in Naval Ships and Establishments due to lack of space and exigencies ...
S.B. Deshmukh, Chief Regional Manager, State Bank of India, Nagpur Vs. ...
Court: Mumbai
Decided on: Sep-11-1985
Reported in: 1986(1)BomCR17; [1987(54)FLR204]; (1986)IILLJ382Bom; 1986MhLJ649
1. Both these petitions under S. 482 of the Criminal Procedure Code are being disposed of by this common judgment, inasmuch as they arise out of the same case, being Criminal Case No. 2214 of 1984, on the file of Judicial Magistrate, First Class, 2nd Court, Nagpur. The applicant in Criminal Application No. 501 of 1984, Shri S. B. Deshmukh, Chief Regional Manager, State Bank of India, Nagpur, is accused No. 1 in the said prosecution, while the applicant in Criminal application No. 522 of 1984, M/s. Yasha Pest Control, is accused No. 2 in the said criminal case. These two accused have preferred these two criminal applications under S. 482 of the Criminal Procedure Code. The non-applicant No. 1 in both these criminal applications is the State represented through the Labour Enforcement Officer (Central), Nagpur.2. The facts leading to the present prosecution are not disputed. The applicant in Criminal Application No. 501 of 1984, Shri S. B. Deshmukh, is the Chief Regional Manager of the St...
Fida Film and Hotel Co. Pvt. Ltd. Vs. theatre Employees Union and ors.
Court: Mumbai
Decided on: Sep-11-1985
Reported in: (1995)IIILLJ748Bom
Daud, J. 1. This petition takes exception to the Award passed by the First Labour Court, Bombay, under Reference (IDA) No. 83 of 1982.2. The second respondent before us was in the employ of the petitioners in an air-conditioned-plant, as Plant-in-Charge. On 8 April 1981, he was served with a chargesheet suspending him from duty with immediate effect in relation to a sudden breakdown in the above plant which occurred on 4 April 1981. On 13 April 1981, the Workman was served with a chargesheet and the inquiry was scheduled for 28 April, 1981. On 24 April, 1981, the workman gave a reply to the said chargesheet refuting the allegations levelled against him. The inquiry was begun and it concluded on 20 June, 1981. The workman's services were terminated as with effect from 6 July 1981, on the ground of loss of confidence. His cause was taken up by respondent No. 1-Union which demanded reinstatement of respondent No. 2 with full back wages and continuity of service. The petitioners not having...
Durga Prasad Mandelia and Others Vs. Registrar of Companies, Maharasht ...
Court: Mumbai
Decided on: Sep-10-1985
Reported in: [1987]61CompCas479(Bom)
Parekh, J.1. The petitioners have filed this petition under the provisions of section 633 of the Companies Act, 1956.2. The facts that give rise to this petition are that the Registrar of Companies (hereinafter referred to as 'the respondent') served a notice dated December 27, 1984, on the petitioners asking them to show cause why legal action should not be taken for contravention by the company of section 370 of the Companies Act, 1956. In the said notice, it has been, inter alia, stated as follows :'WHEREAS the company has deposited Rs. 25.80 lakhs with various companies. WHEREAS section 370 provides that no company shall make loans to all bodies corporate exceeding 20% or 30% as the case may be, and if it exceeds, then the company is required to obtain prior approval of the Central Government. WHEREAS the total of subscribed capital and reserves, i.e., Rs. 12,00,000 and Rs. 11,93,028, respectively amounting to Rs. 23,93,028 and 30% of this come to Rs. 7,17,908 whereas the company h...
Commissioner of Income-tax Vs. A.i. Rahimtulla
Court: Mumbai
Decided on: Sep-10-1985
Reported in: (1986)50CTR(Bom)322; [1986]160ITR784(Bom); [1986]26TAXMAN614(Bom)
Bharucha, J.1. This is a reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the Revenue. The question posed to us read thus :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the proceedings for reassessment initiated under section 147(a) of the Income-tax Act, 1961, were not validly initiated ?'2. The assessee was assessed as a non-resident individual. The assessment year is 1955-56. The original assessment for that year was completed on October 17, 1955, on a total income of Rs. 44,503. The assessee held 565 shares in Fazalbhoy Ibrahim & Co. Ltd. (hereinafter referred to as 'the company'). Subsequent to the assessment, the Income-tax Officer, upon scrutiny of the assessee's accounts with the company and its balancesheet, found that the assessee had obtained a loan from the company and on March 31, 1955, owed a sum of Rs. 4,28,190 on that account. The company's balance-sheet showed that it had a res...
Vijay Trimbak Kulkarni Vs. Vasudha Vijay Kulkarni and anr.
Court: Mumbai
Decided on: Sep-10-1985
Reported in: 1986(1)BomCR390
R.R. JAHAGIRDAR, J.1. Before considering the question that is involved in this Criminal Writ Petition, certain admitted facts may be stated as follows :---The petitioner and respondent No. 1 were married at Nasik on 1st May, 1978, who lived together till 1981. Since respondent No. 1 wife deserted the petitioner, the petitioner filed Matrimonial Petition No. 182 of 1981, wherein he prayed for divorce against the 1st respondent alleging cruelty and desertion. After contest, decree in favour of the petitioner husband has been passed. The 1st respondent viz. the wife had made an application being Miscellaneous Criminal Application No. 282 of 1981 in the Court of IV Joint Civil Judge, (Junior Division) and Judicial Magistrate, First Class, Dhule, claiming maintenance from the petitioner-husband at the rate of Rs. 500/- per month under section 125 of the Criminal Procedure Code. By an order dated 30th March, 1983, the learned Magistrate awarded maintenance to the 1st respondent-wife and agai...
Deochand S/O Dullabhji and ors. Vs. Gangabai W/O Laxminarayan Goenka
Court: Mumbai
Decided on: Sep-10-1985
Reported in: 1985(2)BomCR613; 1986MhLJ639
S.W. Puranik, J.1. The non-applicant, Smt. Gangabai, had filed the Civil Suit No. 519 of 1974 and, during the pendency of the said suit before the 7th Joint Civil Judge, (Junior Division), Akola, the present applicants-defendants, filed an application-Exh. 64 dated 11-1-1982, under sections 11 and 12 of the Maharashtra Debt Relief Act, read with section 151 of the Civil Procedure Code. 2. By the said application-Exh. 64, the defendants alleged that, on the basis of the pleadings in the written statement of the defendants, pleas have been raised regarding the provisions of the Maharashtra Debt Relief Act and that additional issues have been framed. The defendants prayed that under sections 11 and 12 of the said Act, issues framed in that regard should be referred to the authorised officer as the Civil Court would be without jurisdiction to try the said issues. It was also pointed out in the said application that a similar application filed earlier was rejected by the trial Court in view...
Maharashtra Housing and Area Development Authority Vs. Mohan K. Gandhi
Court: Mumbai
Decided on: Sep-10-1985
Reported in: (1986)88BOMLR50
Madhava Reddy, C.J.1. Appeal No. 164 of 1979 by the Maharashtra Housing and Area Development Authority is directed against the judgment of our learned brother Bharucha, J. in Miscellaneous Petition No. 561 of 1972 filed by the respondent.2. The respondent was appointed on February 27, 1950 as a Junior Clerk in the Bombay Housing Board on a basic salary of Rs. 55/- per month in the scale of pay of Rs. 46-3-85-EB-4-105. He was promoted as a senior clerk on June 23, 1956 on a basic salary of Rs. 92/- per month in the scale of pay of Rs. 92-8-140. In April 1959 he, passed the Divisional Accountant's qualifying examination held by the Accountant General. He was selected and appointed as officiating Divisional Accountant on May 7, 1959 on a basic salary of Rs. 130/- per month in the scale of pay of Rs. 130-10-250-15-355. He actually took charge on May 11, 1959 (Exh. A). The Bombay Statutory Corporations (Regional Reorganisation) Act, 1960 which made provision for setting up two separate corp...
Kma Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-09-1985
Reported in: (1986)15ITD307(Mum.)
1. This appeal arises out of the income-tax assessment of KM A Ltd., formerly known as Kamani Metals & Alloys Ltd., the appellant herein.The assessment year is 1978-79 for which the previous year ended on 31-12-1977.2 to 7. [These paras are not reproduced here as they involve minor issues.] 8. The last ground relates to the addition of Rs. 2,83,835 made by the departmental authorities in respect of fees for sample testing and laboratory use receivable from Kamani Tubes Ltd. The facts relating to this addition are the following. The appellant-company has its own equipped laboratory for sample testing products. It allows others to make use of its laboratory on a payment of fees. During this year, the appellant gave such laboratory-assistance to three companies, viz., Kamani Tubes Ltd., Kamani Engg. Corpn. Ltd. and Kamani Metal & Oxides Ltd. For the charges levied and payable by the users to it, the appellant prepared debit notes and sent them to the users. Such charges are accou...
C.N. Bhaskaran Vs. Sri S.A. Patil and Others
Court: Mumbai
Decided on: Sep-09-1985
Reported in: (1986)ILLJ163Bom; 1984MhLJ343
Kurdukar, J.1. This appeal is directed against the judgment and order dated 24th January, 1984 in Writ Petition No. 659 of 1980 Passed by the learned single Judge (Bharucha, J.).2. The Appellant is the Original Petitioner in Writ Petition No. 659 of 1980. It is common ground that the appellant was employed as a Stenographer by the second Respondent. The Second Respondent is a Limited Company having their office at Bombay. The first Respondent is the Presiding Officer of the 8th Labour Court, Bombay. It is also not disputed that the appellant was suspended on 20th March, 1978. A Charge-Sheet was served upon the Appellant on 22nd May, 1978 and, thereafter the domestic enquiry commenced which is pending.3. The dispute in this appeal is confined to the back wages. The appellant sometime in the year 1978 made an application to the Labour Court praying for an order against the second Respondent that he be paid the back-wages for the period between 20th March, 1978 and 30th April, 1978. After...
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