Mumbai Court November 1990 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Western India Tanneries Ltd. Vs. M.R. Bhope and anr.
Court: Mumbai
Decided on: Nov-27-1990
Reported in: 1991(1)BomCR561; (1991)92BOMLR589; [1991(62)FLR887]
T.D. Sugla, J.1. By this petition under Article 226 of the Constitution of India, the petitioner company has challenged the legality and validity of both the first and second awards of the Presiding Officer, First Labour Court, Bombay dated 7th October 1986 and 6th November 1987 under the Industrial Disputes Act, 1947. The petitioner, a company, employs about 250 workmen. The first respondent is the Presiding Officer, First Labour Court, Bombay and is, thus, a formal party. The second respondent is the General Secretary, Maharashtra General Kamgar Union, 252 Janta Colony, Ramnarayan Narkar Marg, Ghatkopar, (E), Bombay. The six workmen Sarvashri (1) Vishnu Tukaram (2) Barkatali Ashrafali (3) Lingappa Sakharam (4) Madhukar Bhiwa (5) Madhukar Eknath and (6) Vasant Bhiwa were working with the petitioner company for quite some time. They were charge-sheeted and suspended under separate orders dated 28th December 1982. Except Lingappa Sakharam, all other workmen were charge-sheeted under Cla...
Smt. Phool O. Navani Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-26-1990
Reported in: (1991)36ITD558(Mum.)
1. These appeals are directed against the order of the DC(A) for the assessment years 1984-85 and 1985-86.2. The first common ground is in regard to the disallowance of interest paid to M/s. P.R. Enterprises for both the years.3. The assessee is an individual. She derives income from house property, other sources and share of profit from two firms, viz., M/s.New Kampala Service Station and M/s. P.R. Enterprises. The assessee, in this case, took a loan from M/s. P.R. Enterprises, in which she is a partner. It was claimed before the ITO that the amount of loan taken from M/s. P.R. Enterprises had been invested in the firm of M/s. New Kampala Service Station where, too, she is a partner. She, accordingly, claimed deduction of interest paid to M/s. P.R. Enterprises as a deduction from the income. The ITO rejected the claim on the reasoning that there was no direct nexus between the loan taken from P.R.Enterprises and investment made by the assessee in M/s. New Kampala Service Station. Sim...
Bhoir Dredging Co. (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-26-1990
Reported in: (1991)36ITD414(Mum.)
1. These two appeals are against the order of the CIT(A) for the assessment years 1986-87 and 1987-88 confirming the penalties levied by the A CIT under Section 273(1)(b) of the Income-tax Act, 1961, for the failure in furnishing a statement of advance-tax in accordance with the provisions of Section 209A(1)(a) of the Act.2. The assessee is a private limited company doing the business of dredging sand from sea water and sale thereof. The first year of assessment was the assessment year 1983-84. It was a year of loss both as per the return filed by the assessee and the assessment order made by the AO. In the subsequent years, including the two years under consideration, the assessee made profit and was assessed at substantial income. The details regarding the income returned and assessed are :Asst. Year Return Assessment ----------------------------1983-84 7-1-1985 -240520 25-11-1985 -765041984-85 6-1-1986 199869 30-1-1987 17498451985-86 13-1-1986 1327601 - NA - 30-3-1987 20088l 3. No ...
Dr. Shashikant K. Lokhande Vs. University of Bombay and anr.
Court: Mumbai
Decided on: Nov-26-1990
Reported in: 1991(2)BomCR260
D.R. Dhanuka, J.1. By this petition, the petitioner has sought to challenge the order of termination dated 14th May, 1987 passed by respondent No.1. The facts and circumstances leading to the filing of this petition, in brief, are as under:-2. On 13th May, 1985, respondent No .1, University of Bombay, issued a letter of appointment to the petitioner informing him that the petitioner was appointed to the post of lecturer in the University Department of Marathi on the starting pay of Rs.700 per month on probation for a period of two years with effect from the date of assumption of duties in the post. The petitioner accordingly started functioning as lecturer in the University Department of Marathi on probation.3. On 14th May, 1987, the Registrar of the University of Bombay informed the petitioner that the Executive Council at its meeting held on 28th April, 1987 had decided that the petitioner be not confirmed in the post of Lecturer in the Department of Marathi and that his services be ...
Atlas Copco A.B. of Sweden Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-23-1990
Reported in: (1991)37ITD276(Mum.)
1. The appeal is directed against the order of the CIT under the provisions of Section 263 of the Act.2. Assessee is a non-resident Swedish company and had entered into an agreement with M/s. Atlas Copco (India) Ltd., for the supply of know-how for the manufacture of Screw type compressors and also to render technical assistance that might be required in the said manufacture. For this, assessee was to receive a lump sum consideration of US $75,000 in three equal instalments of US $25,000 each. Out of the said amount of US $ 75,000, two instalments of US$ 25,000 were received by the assessee during the previous year relevant to the assessment year 1983-84. The assessment for this year 1982-83 was completed on a total income of Rs. 11,56,800 being dividend income received by the assessee from the Indian company, viz., Atlas Copco (India) Ltd. The Assessing Officer accepted the contention of the assessee that the first two instalments as per the agreement dated 4-2-1981, due during the p...
E. Merck (India) Limited Vs. V.N. Parulekar and ors.
Court: Mumbai
Decided on: Nov-23-1990
Reported in: 1991(2)BomCR201; [1991(63)FLR401]; (1994)IIILLJ546Bom; 1991(1)MhLj540
D.R. Dhanuka, J.1. These petitions involve important questions concerning interpretation and application of Section 11A of the Industrial Disputes Act, 1947 2. E. Merck (India) Limited, the petitioner in Writ Petition No. 2973 of 1987 is a well-known pharmaceutical company having its factory at Taloja and its offices at Bombay. Respondent Nos. 1, 2 and 3 were the office-bearers of the recognised trade union concerning the employees of the petitioner at the relevant time. The respondent Nos. 1, 2 and 3 were employees of the petitioner at all material time.3. These petitions arise out of unfortunate litigation between the employer and the employees concerning incidents which took place about 13 years ago. This unfortunate litigation has a chequered history. Law's delays has also contributed to the human sufferings. It is reasonably hoped that the parties will at least now put an end to this acrimonious litigation at the earliest so that the industrial peace can be restored.4. By these pe...
Bhavani Metal Works Vs. Pandurang R. Sawant and ors.
Court: Mumbai
Decided on: Nov-23-1990
Reported in: (1994)IIILLJ711Bom
D.R. Dhanuka, J.1. This petition is directed against the award dated 16th June 1987 made in Reference (IDA) No. 1097 of 1981 by the Presiding Officer, Second Labour Court, Bombay, (Respondent No. 4 herein). The facts and circumstances leading to the filing of this Petition are as under:2. (a) The Petitioner is a registered partnership firm carrying on business of manufacture of pressure die-cast components in its factory situate at Sewri, Bombay. The Respondent Nos. 1 to 3 are the workmen who were employed by the Petitioners to work in their factory. On 20th February 1981, the Respondent Nos. 1 to 3 were served with individual charge sheets alleging that the Respondent Nos. 1 to 3 had assaulted one Sadhu Saran Sadhwani, another workman, while he was going back from the factory on 12th February 1981 after finishing his work. The Petitioner-employer alleged that the Respondent Nos. 1 to 3 workmen were guilty of misconduct under model Standing Order 24(k) and (1) which read as under:-'24....
Maharashtra Rajya Suraksha Rakshak and General Kamgar Union and ors. V ...
Court: Mumbai
Decided on: Nov-23-1990
Reported in: (1994)IIILLJ946Bom
Tipnis, J.1. This petition filed by a registered union, namely the Maharashtra Rajya Suraksha Rakshak and General Kamgar Union, challenges the validity and legality of the Notification issued by the Government of Maharashtra on 28th of March 1990 under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. State of Maharashtra is imp leaded as Respondent No. 1 while the Security Guards Board for Greater Bombay and Thane District is Respondent No. 2. Respondents 3 to 31 are various private security agencies mentioned in the Notification impugned in this petition.2. Before the petition could be heard Shri Kurup appearing for some of the respondent - security agencies as also Shri Toprani appearing for Respondent No. 16 raised preliminary objections not for the maintainability of the petition but regarding the hearing of the petition. The first objection raised was that Shri K.K. Singhvi, the learned Counsel appearing for the petitioners, s...
Ruby Mills Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Nov-23-1990
Reported in: 1991(1)BomCR610
A.A. Cazi, J.1. This is a suit to recover from the defendants a certain sum of money which, according to the plaintiffs, was excess payment due to incorrect conversion rate of Belgium Francs into Rupee equivalent. 2. The plaintiffs held import licence dated 27th May, 1977 for import from Belgium certain machinery under Belgium credit subject to the conditions contained in Public Notice No. 186-ITC (PN) 74 dated 9th December 1974. The plaintiffs furnished a Bank Guarantee from Bank of India, Bombay for depositing an amount of Rs. 48,70,000/- towards the price of the machinery which the plaintiffs desired to import from their Belgium Suppliers. On 22nd February 1978 the defendants issued a letter of authority for the import of machinery of the value of Belgium Francs (B.F.) 19,387,701. On or about 20th July 1978 the plaintiffs imported machinery of the value of Belgium Francs 18,381.864. The Bank of India deposited with the defendant a sum of Rs. 50,42,648.89 which was calculated as foll...
Shikshan Prasarak Sangh and anr. Vs. the State of Goa and ors.
Court: Mumbai
Decided on: Nov-23-1990
Reported in: 1995(1)BomCR239
G.D. Kamat, J.1. This petition is claimed to be in Shikshan Prasarak Sangh, Durbhat, Society registered under the Societies Registered Act, 1860, under Khumbo phadt, styling as its member on behalf of himself and 97 other members thereof. In addition to impleading the State of Goa and Director of Education as respondent Nos. 1 and 2, Shri Krishnanath Baburao Naik has been impleaded as respondent No. 3.2. The petition seeks a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, direction or order under Article 226 of the Constitution of India against the respondents for quashing the order of the Government of Goa bearing No. DE/Accd. I/Case-file/P/42/88-89/1428 dated 11th June, 1990, Annexure P-16 and two consequential Orders Annexure P. 17 colly.3. What led to the making of the impugned order dated 11th June, 1990, the controversy involved in this petition has important bearing in the background of Writ Petition No. 17 of 1989 disposed of by a Divisio...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »