Mumbai Court April 1989 Judgments
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Mohd. KutubuddIn Vs. Noore Nazar
Court: Mumbai
Decided on: Apr-27-1989
Reported in: I(1990)DMC459
M.S. Ratnaparkhi, J.1. The order passed by the Judicial Magistrate, First Class, 6th Court, Akola on 18-10-1988 in Misc. Criminal Case No. 1361/87 enhancing the quantum of maintenance, has been challenged in this revision.2. In order to appreciate the real controversy involved in the case, the statement of following facts would be necessary. One Zaheda Begum was married to Mohd. Kutubuddin (the present petitioner) some time in 1983 and their marital ties continued till 11-11-1987. During the continuance of the marital ties, the said Zaheda Begum gave birth to a female child Noore Nazar on 5-11-1984. This Zaheda Begum was divorced by Kutubuddin on 11-11-1987. Zaheda Begum and her daughter Noore Nazar filed an application before the Judicial Magistrate, First Class, Akola under Section 125 of Criminal Procedure Code for maintenance on the ground that Zaheda Begum was neglected or refused to be maintained by her husband and that she was driven away from the house. It was also alleged that...
Rajaram Govind Babre Vs. Shantabai Rajaram Babre
Court: Mumbai
Decided on: Apr-27-1989
Reported in: I(1990)DMC236
M.S. Ratnaparkhi, J.1. Inherent powers of this Court are sought to be invoked for quashing the maintenance order in favour of the wife, passed by the Judicial Magistrate, First Class, Nagpur, in Misc. Criminal Case No. 18/85 and duly confirmed by the Sessions Judge, Nagpur, in Criminal Revision No. 730/86 on 30-11-1988.2. It is no longer disputed at this stage that the present applicant and the present non-applicant were married together long back and the marital ties till continued. It was the case of the present non-applicant before the Judicial Magistrate First Class, Nagpur that in or about 1977 she was deserted and driven out of the house of her husband-the present applicant. It was her contention that she is unable to maintain herself. That her husband has sufficient means to maintain her. It was also contended by her that she was neglected and/or, refused to be maintained. She, therefore, filed an application for maintenance under Section 125 Criminal Procedure Code, claiming th...
Travancore Electro Chemical Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-26-1989
Reported in: (1989)31ITD159(Mum.)
1. In this appeal filed by the assessee for the assessment year 1976-77, the primary challenge is that the reassessment order dated 20-9-1982 made under Section 147(b) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), confirmed by the Commissioner of Income-tax (Appeals) is invalid and opposed to the provisions of law.2. The assessee is a company and is a manufacturer of calcium carbide.The original assessment was completed on 12-9-1979 under Section 143(3) of the Act. By a notice dated 23-3-1981, under Section 148, the Income-tax Officer reopened this assessment on the ground that he had reason to believe that income chargeable to tax had escaped assessment within the meaning of Section 147 of the Act. He accordingly in pursuance of the said notice, initiated the reassessment proceedings and passed the impugned assessment order under Section 143(3) read with Section 147(b) of the Act.3. On appeal, the Commissioner of Income-tax (Appeals) upheld the passing of the re...
Dimexion Vs. Union of India
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1989(44)ELT226(Bom)
1. The claim of the petitioners for grant of a certificate of Export House under the 1978-79 Import-Export Policy have been rejected, it filed writ Petition No. 1501 of 1981 in the Delhi High Court. Several other petitions on behalf of traders whose similar claim had been rejected had been rejected had filed different petitions in different High Courts. One such petition viz., Writ Petition No. 1458 of 1979 was filed in this Court by N. Mehta & Co. This latter position was allowed on the 26th November 1982 and it was held that the view taken by the Department that the petitioners were not entitled to the certificates of export house on the ground that they had exported only diamonds and the exports were diversified and hence were not entitled to the certificate of Export House, was erroneous. Following the decision in Writ Petition No. 1458 of 1979, the petitioners' Writ Petition No. 1501 of 1981 in the Delhi High Court and various similar petitions were allowed. The Department carried...
Conservator of Forests, Yavatmal Vs. Shamrao Ramkrushna Deshmukh
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1990(2)BomCR57; (1991)IILLJ356Bom
1. This petition raises a question whether Govt. Circulars dated August 20, 1984 and September 18, 1974 respectively, in the matter of departmental enquiry and investigation relating to a conduct of Govt. employee under suspension, are statutory in nature and also form a part of condition of service.2. The respondent Shamrao Deshmukh has been in the employment of the forest Department as a Round Officer (Forester). The Anti-Corruption Bureau on 28the January 1986 filed a chargesheet for the offences punishable under Section 5(1)(D) read with Section 5(2) of the Prevention of Corruption Act, against the respondent along with others. The Department thereupon by order dated 18th February, 1986 placed the respondent under suspension. The Special Judge Buldana, is trying the respondent for the offences.3. The respondent file a complaint under Section 28 read with items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. Accord...
Hindustan Lever Employees' Union Vs. State of Maharashtra and others
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1989(2)BomCR156; (1989)91BOMLR677; [1989(59)FLR682]; (1990)ILLJ11Bom; 1989MhLJ669
1. The Hindustan Lever Limited, the second respondents herein, discontinued the manufacture of their products Rin in their Sewri Plant at Bombay with effect from April 1988. The petitioners, the Employees' Union, have come up with a grievance that this amounts to a closure as contemplated under Section 2(cc) of the Industrial Disputes Act. Since the management has not obtained permission under Section 25-O to close down they are liable for being prosecuted under Section 25-R. The Petitioners seek a writ of mandamus directing the State of Maharashtra, the first respondent herein, to prosecute the second respondent and its Chairman for their unlawful closure of the Rin Department.2. Mr. Singhvi, the learned Advocate appearing in support of the Petition, strenuously submitted that though the discontinuance of the manufacture of the product Rin has not brought about retrenchment of the workers, since the workers have been re-employed in other departments, this was a modus operandi which wo...
Rajya Pariwahan Yantrik Kamgar Sanghatana Vs. Regional Manager, Mahara ...
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1990(1)BomCR467
A.A. Desai, J.1. The petitioner-Union have questioned the validity of the action taken by the respondent in refixing the working hours, on the ground of violation of condition of service and denial/withdrawal of half day holiday which is a right privilege, advantage or concession, accured in their favour by passage of time and or by usage and custom.2. The petitioners are Unions of the Employees of respondent. Corporation engaged in Divisional and Central Work Shops of the respondent-corporation in the Vidharbh Region. These employees have been working from Thursday to Monday during 7.30 to 17.00 hours (one hour lunch brake, thus for 8 hours, a day) and on Tuesday during 7.30 to 13.30 hours (half hour brake-thus 5 hours). Wednesday has been a weekly off-holiday. Accordingly, they used to complete 48 working hours in a week. The respondent issued a Circular dated 28-4-1988 after the working hours, from 12-5-1988. The employees have here after been required to work from Thursday to Tuesd...
Wandleside National Conductors Ltd. Vs. Municipal Corporation for the ...
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1989(1)BomCR655; (1989)91BOMLR812; 1989MhLJ755
Kotwal, J.1. (The following paras of the judgment are made for reporting by His Lordship),xxx xxx xxx xxx7. As to whether an appeal provision is prescribed under section 406 of the Act qua the order directing levy of octroi would hardly be open for any debate in view of the clear prescription in section 406. This is placed in Chapter 26 regarding the proceedings before the Judge, District Judge and Magistrates. It is divided into 10 parts each part being complete by itself. Section 406 falls in Part III relating to appeals against valuation and taxes. It obviously applies even to the octroi since the octroi is also accepted as a tax on which there is hardly any dispute. The said provision in so far as is relevant reads as---'Section 406 : (1) Subject to the provisions hereinafter contained appeals against any rateable value or tax fixed or charged under this Act shall be heard and determined by the Judge.(2) No such appeal shall be entertained unless-(a) it is brought within fifteen da...
Narinder Singh Anand Vs. L. Hmingliana, Secretary (ii) Government of M ...
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1989(24)LC315(Bombay)
Puranik, J.1. On 31.1.198, the Petitioner was intercepted at Sahar Airport, Bombay when he arrived from Dubai by flight No. A1 910 with his wife and child. His family had cleared the goods by payment of customs duty valued at Rs. 5,460/- but on personal search of the Petitioner, two crudely made gold Kadas were recovered which were found concealed in his turban. They were weighing 465 Grams valued at Rs. 93,000 and odd in the international market. The said gold kadas were seized and thereafter; a complaint case was also filed against the Petitioner. The statement of the Petitioner was recorded under Section 108 of the Customs Act. The Petitioner was released on bail of Rs. 50,000/- surety bond on the same day which the Petitioner availed of on 3rd February, 1988.2. On the basis of the statement of the Petitioner as well as the panchanama during the investigation, the Customs Authorities sponsored the detention of the Petitioner. This proposal for detention was proposed and finally the ...
K. Ramchandra Rao Vs. L. Hmingliana, Secretary to the Govt. of Maharas ...
Court: Mumbai
Decided on: Apr-26-1989
Reported in: 1989(24)LC217(Bombay)
Puranik Sugla, J.1. The petitioner is the brother-in-law of the detenu Koni Praveenchandra Habbar, who was apprehended on 17th February, 1988 at Sahar Airport, Bombay while coming from Dubai. Five gold bars of 10 tolas each were found concealed with him. He was taken into custody and his statement under Section 108 of the Customs Act recorded. He was remanded to custody upto 22nd February 1988, on which date on an application made by him, he was released on bail in the sum of Rs. 60,000/-. His passport was allowed to be retained with the Customs authorities.2. In departmental adjudication proceedings show cause notice was issued to the detenu on 27th April 1988. The departmental proceedings as well as the prosecution against the detenu are still pending. By order dated 2nd November 1988 the detaining authority directed the detenu to be detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, 1974 read with Government Order, Home Depart...
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