Mumbai Court December 1989 Judgments
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Association of Engineering Workers Vs. the Super Tool Co. (P) Ltd. and ...
Court: Mumbai
Decided on: Dec-11-1989
Reported in: [1990(60)FLR650]; (1991)IILLJ454Bom
Desai, J.1. This appeal is preferred against the order of the Learned Single Judge giving limited injunction to the petitioners against penal prosecution which may be launched against them in pursuance of the interim orders of the Industrial Court.2. It is clear to us that the Learned Single Judge has based his order upon an order passed by another Learned Single Judge in Writ Petition No. 512 of 1989.3. We are not bound by the order of the Learned Single Judge in writ Petition No. 512 of 1989. In our opinion if the order or the Industrial Court granting interim reliefs in the manner in which it has granted, was illegal even prima facie or contrary to the scheme of the Act or ought not to have been passed as and by way of interim relief without disposal of the complaint, the appropriate order for the High Court in its writ jurisdiction would have been to stay the said order either conditionally or unconditionally. Such a stay was not granted.4. Only two remedies are available to the wo...
Kishore H. Desai Vs. Lilawati Virji Chheda and ors.
Court: Mumbai
Decided on: Dec-11-1989
Reported in: 1990(1)BomCR160
H. Suresh, J.1. Whether a commission for local investigation under Order 26, Rule 9 of the Code of Civil procedure can be issued ex parte? If so, whether the commission can be executed without notice to both the parties Is the report of the Commissioner, in such a case, receivable in evidence? Whether the rules relating to Caveat under section 148-A of the Code of civil Procedure apply to the issuance of any commission These are the questions which require to be determined in this civil revision application.2. Now to certain minimum facts. In fact, the litigation between the parties and the way it has multiplied reminds one of what Lord Simon once said: 'The bitter waters would never ebb', Re Ampthill Pearage case (1976) 2 All E.R. 411, (at P 438). So much so, Mr. Dave informs me that the petitioners have been filing their caveats once in three months in all the three Courts, the Small Causes Court, the Bombay City Civil Court and the High Court for the last few years. It all began in ...
Usha Arvind Dongre Vs. Suresh Raghunath Kotwal
Court: Mumbai
Decided on: Dec-11-1989
Reported in: 1990(3)BomCR389; (1989)91BOMLR233
Sujata Manohar, J.1. This is a petition to set aside the Arbitration Award No. 94 of 1988 which is dated 30th June, 1988 and is filed in this Court. The petitioner and the respondent are sister and brothers. The father of the petitioner and the respondent expired at Bombay on or about 26th March, 1970 leaving behind his last Will and testament dated 10th December, 1964. Under this Will the deceased bequeathed his entire estate including Flat No. G-3, in Dadar Co-operative Housing Society, Bhavani Shankar Road, Dadar, Bombay-400 028 in equal shares to his widow and his two children, viz. the petitioner and the respondent.2. The mother of the petitioner and the respondent Pramilabai R. Kotwal died on or about 13th December, 1961, leaving behind the petitioner and the respondent as her only heirs and legal representatives under the provisions of Hindu law by which the parties are governed. Thereafter disputes and differences arose between the petitioner and the respondent relating to the ...
Smt. Tulshi and anr. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-08-1989
Reported in: 1990(1)BomCR419; (1989)91BOMLR763; II(1990)DMC418
M.S. Ratnaparkhi, J.1. The order passed by the Assistant Sessions Judge, Nagpur on 22-6-1989 on Exhibit 8 in Sessions Trial No. 264 of 86 refusing to discharge the petitioners of the offence punishable under section 498-A of the Indian Penal Code has been challenged in this proceeding.2. The petitioner 1 is the mother of petitioner 2. Mahadeo, the petitioner 2 was married to one Kamlabai. However, he subsequently married to Shakuntala who is supposed to be the victim of the present offence. On or about 24-5-1986. Shakuntala and her child of about 7 months' old were found in the well. They were taken out of the well. But by that time the child was dead. Shakuntala, however, survived. The Police registered offence under sections 302 and 309 of the Indian Penal Code against Shakuntala. The investigation in that case proceeded. Ultimately, a charge-sheet came to be filed against Shakuntala before the Judicial Magistrate. First Class. The Judicial magistrate, First Class committed the case ...
Collector of Central Excise Vs. Bharat Containers Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-07-1989
Reported in: (1990)(30)LC297Tri(Mum.)bai
1. This is an appeal filed by the department against the order of the Collector (Appeals) bearing No. V-2(83.12) 1794/88, dated 26-10-1988.2. Brief facts of the case are that the respondents availed of the MOD VAT credit in respect of Aluminium Tubes without filing the proper declaration as required under Rule 57G of the Central Excise Rules.They availed of the MODVAT credit from Feb. 87 to Sep. 87. Since proper declaration was not filed in respect of the goods, namely aluminium tubes, show cause notice was issued on 2-2-1988 for recovering the credit taken under the MODVAT scheme during the aforesaid period. In the adjudication proceedings, initiated by the Assistant Collector, demand for Rs. 63,642.48 was confirmed under the provisions of Rule 57-I (1) of the Central Excise Rules. The respondents went in appeal before the Collector (Appeals). The Collector (Appeals) without going into the other merits of the appeal, allowed the appeal of the respondents on the ground that the demand...
Algemene Bank Nederland Nv Vs. Satish Dayalal Choksi
Court: Mumbai
Decided on: Dec-07-1989
Reported in: AIR1990Bom170
ORDER1. This is a notice under Order XXI Rule 22 of the Code of Civil Procedure for leave to execute against the defendant in Bombay a decree of the Supreme Court of Hong Kong obtained by the plaintiff-applicant against the defendant:2. The plaintiff-Bank in Hong Kong had dealings with one M/s. Madhusudan and Co. Ltd. To secure the amounts advanced by the plaintiff-Bank to the Company, the brothers of the defendant, who were directors of the Company, gave personal guarantees, in or about 7th April 1975, to the plaintiff-Bank at Hong Kong. According to the plaintiff-Bank, the defendant had also executed in favour of the plaintiff Bank a personal, guarantee for repayment of the Company's debts on or about 7th April 1975.3. In November 1984, as Madhusudan and Cq. Ltd. was unable to discharge its liabilities to the plaintiff-Bank, the plaintiff-Bank filed, a suit against Mudhusudan and Co. The brothers of the defendant were joined as party defendants on the basis of the guarantees executed...
J.B.A. Printing Inks Ltd. Vs. Union of India
Court: Mumbai
Decided on: Dec-07-1989
Reported in: 1990LC558(Bombay); 1990(47)ELT234(Bom)
Desai, J.1. This Appeal can be disposed of at the stage of admission. Accordingly the Appeal is admitted. Shri Mehta for the Respondents waives service. By consent the Appeal is placed on Board and taken up for hearing forthwith. Advocates are heard.2. This Appeal is preferred by the Original Petitioners against refusal to grant interim reliefs. It is the Petitioners' case that since report of the Chemical Analyser has been received by the Respondents there is no warrant for not making a final order regarding classification. According to the Petitioners' information the report has upheld the contentions of the Petitioners. However, counsel for Respondents states that certain further reports are being obtained.3. We have seen the order of the Assistant Collector (Exhibit 'C' to the Petition). The said order approves the classifications provisionally but directs the party concerned to execute B-13 Bond to cover up the differential duty.4. As far as this Bond is concerned we find that B-1...
Sohanlal Shantilal and Bros. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Dec-07-1989
Reported in: 1990LC570(Bombay); 1990(46)ELT211(Bom)
S.N. Variava, J.1. By this Petition, the Petitioners have challenged the levy of additional duty and also three Notifications all dated 16th November 1982.2. The challenge to the additional duty no longer survives in view of the judgment of the Supreme Court in the case of Khandelwal Metal and Engineering Works v. Union of India, reported in : 1985(20)ELT222(SC) .3. The three Notifications which are under challenge are (a) Notification No. 256 dated 16th November 1982. By this Notification the earlier Notifications bearing Nos. 97 and 156 are withdrawn. (b) Notification No. 252 dated 16th November 1982. By this Notification the duty leviable on copper waste and scrap was stated to be at the rate of 25 per cent ad valorem. (c) Notification No. 254 dated 16th November 1982. By this Notification the exemption granted by an earlier Notification (i.e. No. 136 dated 11th May 1982) from payment of auxiliary duty was withdrawn.4. The challenge is to the withdrawal of exemption from payment of ...
Prajesh Shantilal Vaghani Vs. the Intelligence Officer, Narcotics Cont ...
Court: Mumbai
Decided on: Dec-06-1989
Reported in: 1990CriLJ903
ORDER1. The applicants herein are respectively accused Nos. 5 and 4 in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the N.D.P.S. Act. The learned Additional Sessions Judge before whom the Applicants applied for bail in N.D.P.S. Special Remand Application No. 360 of 1989, rejected the application of the Applicants as also those of the remaining three accused. The Applicants have preferred this application under section 439 of the Code of Criminal Procedure.2. Between 23rd July, 1989 and 23rd August, 1989, three packets containing 8 Kgs. of Heroin, four parcels containing 21.100 Kgs. of Methaqualene powder and four parcels containing 23 Kgs. of Mandrex tablets were seized. Some more parcels addressed to people in different countries were also seized.During the investigation, Bombay Telephone No. 577094 came to the knowledge of investigating Officers. The telephone was in Flat No. 402, Building No. B-1, Vaishali Nagar, Jogeshwari (West)...
Vikas Textiles Vs. Sarva Shramik Sangh
Court: Mumbai
Decided on: Dec-05-1989
Reported in: [1990(60)FLR630]; (1991)IILLJ451Bom; 1990ICLR257
Barucha J.1. This petition impugnes the order dated 6th April 1988 passed by the Industrial Court in a review application under Section 44 of the M.R.T.U. & P.U.L.P. Act. 1971.2. The petitioner is a sole proprietary concern. It ran a power loom factory at Madhavnagar, Sangli District. It had 5 workmen.3. By a notification dated August 1, 1974 the minimum wages payable to workmen in powerloom factory was raised. The notification was challenged in a writ petition filed in this Court. By an interim order powerloom factories were required to pay to their workmen 75% of the wages fixed by the said notification.4. It is the petitioner's case that it was not able to comply even with the order to pay even 75% of the wages prescribed by the said notification. Accordingly, a notice was put up on its notice board on September 17, 1985 to the following effect :'All the workmen are hereby informed that the factory shall be closed with effect from tomorrow i.e. September 18, 1985. The workmen may no...
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