Mumbai Court June 1988 Judgments
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H.P. Pathade Vs. Mrs. N.A. Kadam and ors.
Court: Mumbai
Decided on: Jun-20-1988
Reported in: (1994)IIILLJ188Bom
Dharmadhikari, J. 1. This writ petition is filed by the petitioner-employee against the order passed by the Industrial Tribunal, Thane on 23rd December, 1983, answering the reference in the negative and holding that the dismissal of the petitioner-employee is perfectly legal, valid and justified. It appears to be an admitted position that the petitioner was employed on 10th of September 1976 as a production operator and was getting Rs. 275 per month as wages. It is also an admitted position that the petitioner was a member of the factory committed of the Union. It then appears that some time in the month of June 1978 the employees started taking recourse to go-stow to press their demands. On 14th June 1978 the petitioner threatened the foreman in a rough tone and also participated in go-slow activity. As a result of this he came to be chargesheeted for his wilful insubordination or disobedience, whether or not in combination with another of any lawful and reasonable orders of the super...
State Vs. Marcel Carvalhe
Court: Mumbai
Decided on: Jun-20-1988
Reported in: 1988(3)BomCR627
G.F. Couto, J.1. This appeal by the leave of the Court is directed against the judgement dated 27th April, 1987, whereby the learned Judicial Magistrate, First Class, Penda, acquitted the respondent therein, from the charge of having committed an offence punishable under section 409 of the Indian Penal Code. The respondent had been working as Superintendent (Eserivae) in the Vasce Court and in the discharge of his duties, he got some bonds executed before him by four accused. The said accused instead of getting bonds with securities, deposited each of them Rs. 500/-. The said accused had been duly tried and convicted was set aside in appeal and the decision observation Appellate Court was confirmed by this Court. After their acquittal, the said accused applied for the refund of the money deposited in Court, but they did not succeed in getting that money back. A complaint was made on their behalf and the learned Judicial Commissioner directed the Judicial Magistrate, First Class, to loo...
Ganpat Govind Dhale Vs. the Commissioner and ors.
Court: Mumbai
Decided on: Jun-17-1988
Reported in: (1994)IIILLJ186Bom
H.H. Kantharia, J. 1. The petitioner was working as Safai Kamgar with the Kolhapur Municipal Corporation from the year 1949. He was drawing monthly salary of Rs. 375/-. It appears that his wife was also working with the said Corporation as Safai Kamgar, for about 10-12 years. She had some incident of quarrel in the month of September, 1975 with one of the Mukadams working in the said Corporation. It was alleged against the petitioner that on account of the said incident he had assaulted the said Mukadam. A domestic enquiry was held in the matter of incident of assault by the petitioner to the Mukadam and ultimately by an order dated 12th November, 1975 the services of the petitioner were terminated. The petitioner, therefore, filed a complaint in the nature of unfair labour practice under Items 1(a), (d), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 on 8th December, 1976 in the Labour Court at Kolhapur bei...
Samrat Investment Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-16-1988
Reported in: (1989)(43)ELT334Tri(Mum.)bai
1. This appeal arises out of and is directed against the order-in-original bearing No. S/10-90/83F dated, 4-5-1983 passed by the Addl. Collector of Customs, Bombay.2. The undisputed facts are, the appellants imported 22 cases Cold Rolled High Speed Steel Strips valued at Rs. 287348/- c.i.f. and sought clearance under O.G.L. under Appendix 10(2) of the Policy A.M. 82-83.The Customs objected to the clearance on the ground that the appellants have contravened one of the conditions of the O.G.L. import, namely, that they had not registered their contract with the Iron & Steel Controller, Calcutta within 15 days of entering into the contract with the foreign supplier.3. The Addl. Collector, who adjudged confiscation and fine in his order, observed that non-registration of the contract was a technical lapse. He held that the importation had been made without cover of a valid I.T.C. licence and therefore the goods liable to confiscation Under Section 111(d) of the Customs Act. Having reg...
Jamnalal Sons Ltd. Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-16-1988
Reported in: (1989)29ITD164(Mum.)
1. The appellant herein is a limited company deriving income from property, business, dividends and interest. We are concerned in this appeal with assessment year 1980-81, the accounting year for which ended on 21-10-1979. The appellant filed its return of income on 29-7-1980 declaring total income at Rs. 5,53,025. It filed a revised return on 28-2-1983 declaring income at Rs. 5,95,690. The IAO of Income-tax (Asst. Range), Nagpuf, determined the income of the appellant-company at Rs. 1,25,23,960. This figure of total income included long-term capital gain in respect of transfer of land and shares, the excess value of which was arrived at by the IAC (Asst.), for the detailed reasons given by him in the body of his order at Rs. 1,19,26,177. This assessment was challenged in appeal. The CIT (Appeals) in his order dated 11-11-1985 held that there was a transfer within the meaning of Sections 2(47) and 45 and that the real purpose of the transfer was to convert the personal asset of the pa...
P. Navinkumar and ors. Vs. Municipal Corporation for Greater Bombay an ...
Court: Mumbai
Decided on: Jun-16-1988
Reported in: AIR1989Bom88; 1988(4)BomCR630
ORDER1. This is a petition filed by Colaba Cuffe Parade Citizens Group. The 1st petitioner is the President of this Association, Petitioners 3 to 7 are the residents of Allana Road. Allana Road is a small road in Colaba, Bombay which connects Colaba Caudeway )Shaheed Bhagat Singh Road) with Merryweather Road. This road is 26' wide and has 6' wide pedestrian footpaths on each side. The road is named after one of the houses located on this road known as Allana House. It seems that since that since around 1986 in a garage in Allana House, every Friday afternoon prayers are held by Muslims. A number of people come to pray in the garage now converted into a mosque. A substantial number of these people are accommodated on Allana Road. Board blocks are placed on each end of Allana Road and a Substantial portion of this road is covered with mats on which people stand for their prayers.2. Every community undoubtedly has a right to pray and worship in accordance with its own religious practices....
Satnam Singh and anr. Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Jun-16-1988
Reported in: 1(1989)ACC47
G.G. Loney, J.1. The question of disposal of motor track after conclusion of the trial is involved in this revision. A truck bearing registration No. BYY 7071 was owned by non-applicant Onkarmal Dwarkadas. He entered into an agreement to sell the said truck for Rs. 23,500/- to the present applicants. A document came to be executed on 2-12-1974. As a part of consideration Rs. 4,000/- were paid to the owner by the applicants. It is stated that on the same date, the truck was given in possession of the applicants for its use. However, the owner Onkarmal filed a complaint alleging that his truck was forcibly taken by the accused on 26-4-1976 from Chikhli and therefore a prosecution was started against the applicants in the trial Court on a police report. After recording the evidence, the trial Court found that the accused have not committed any offence. The accused were said to be in possession of the truck on the basis of the agreement dated 2-12-1974. It is after the conclusion of the tr...
Abdul Sattar Vs. State
Court: Mumbai
Decided on: Jun-15-1988
Reported in: 1989(1)BomCR388; 1989 Cri LJ 430
Dr. Couto, J.1. This appeal by the original accused is directed against the judgment dt. 4th November 1987, continued on 11th of the same month, whereby the learned Assistant Sessions Judge, Panaji, convicted him for offences punishable under sections 20(b)(ii) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the Act') and further sentenced him to undergo 10 years of Rigorous Imprisonment and to pay a fine of Rupees One Lakh, and in default, to undergo a further period of 2 years Rigorous Imprisonment on each count, the substantive sentence having been ordered to run concurrently.2. A charge-sheet had been filed by the Calangute Police against the appellant for offences punishable under sections 20(b)(ii) and 21 of the Act. The gravamen of the charge that on 5th March, 1986, at about 8.00 a.m. and at Calangute, the appellant was found in possession of 1 Kg. of charas and 30 gms. of brown sugar in contravention of Section 8 of the Act. The...
Bhagwan R. Sukhija Vs. K.L. Verma, Joint Secretary
Court: Mumbai
Decided on: Jun-15-1988
Reported in: 1988(36)ELT523(Bom)
Pendse, J.1. The Joint Secretary to the Government of the India passed order dated December 15, 1987, in exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of the Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') directing detention of the petitioner with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. The order of detention was served on January 5, 1988 and the grounds of detention were furnished.The grounds recite that on the information received that the detenu had purchased Saudi Riyal 5,500/- and United States dollars 500/- in blackmarket and the detenu was likely to proceed to Singapore surveillance was kept at the Airport and the detenu was searched on September 13, 1987, while leaving the country. The foreign currency was found on the person of the detenu and his statement was recorded under Section 39 of the Foreign Exchange Regulation Act. The deten...
Farook Ahmed Fazlani Vs. Government of Maharashtra
Court: Mumbai
Decided on: Jun-15-1988
Reported in: 1988(36)ELT525(Bom)
Pendse, J.1. Mr. D. N. Capoor, Officer on Special Duty and Ex-officio Secretary to the Government of Maharashtra, Home Department, passed order dated February 4, 1987, in exercise of the powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') directing detention of the petitioner with a view to preventing him from abetting the smuggling of goods. It is not necessary to set out in detail the grounds of detention and the various contentions raised in the petition to challenge the legality of the order as the petition is required to be allowed on a short ground raised by Mr. Kotwal, learned counsel for the petitioner.2. Mr. Kotwal contended that the Detaining Authority did not communicate to the detenu that a representation can be made against the impugned order to the Detaining Authority. The Detaining Authority has merely informed that a representation is permissible to the ...
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