Mumbai Court November 1990 Judgments
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Rubber Products Ltd. Vs. Union of India
Court: Mumbai
Decided on: Nov-19-1990
Reported in: 1991(53)ELT299(Bom)
Pendse, J.1. Rule returnable forthwith. Shri Desai waives service on behalf of the respondents. Heard counsel.2. The petitioner Company manufactures Vacuum Brake Hoses. In March 1986, the petitioner Company filed a classification list classifying the product under sub-heading 4009.92 of the Central Excise Tariff Act, 1985. The classification list was approved on October 3, 1986. The Company filed fresh price list on December 17, 1986 classifying the product under sub-heading 4009.99. The classification list was examined by the Assistant Collector of Central Excise and by order dated March 25, 1987, the classification as sought by the petitioners was turned down and the list was approved under sub-heading 4009.92. The Company preferred appeal against the order passed by the Assistant Collector and the appeal was allowed by Collector of Central Excise (Appeals) by order dated March 14, 1988 and the product manufactured by the Company was classified under sub-heading 4009.99 as claimed by...
Ramrao L. Randive Vs. Poona Housing and Area Development Board
Court: Mumbai
Decided on: Nov-19-1990
Reported in: (1990)92BOMLR549
M.F. Saldanha, J.1. This petition raises two points of considerable importance which pertain to the authority vested in the Regional Board constituted under the Maharashtra Housing & Area Development Act, 1976 which are summarised as follows:a) Whether the Regional Board is invested with the authority to vary the schemes formulated for allocation of tenements to applicants belonging to different income groups, such as the lower income group, the middle income group and the higher income group, for which the income limits are specified.b) Whether it is within the power of such Regional Boards to permit the transfer of an applicant who is allotted in one of the schemes to a higher income scheme, even if the same is on valid or reasonable considerations.2 These two questions have fallen for determination in this case wherein the Regional Board of the Authority at Pune relaxed the minimum income limit of the higher income group scheme and permitted the petitioner to join that group by tran...
Trustees of Bhandari Vs. First Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-17-1990
Reported in: (1991)37ITD222(Mum.)
1. This is an appeal by the assessee against the order of the Commissioner under Section 263, of the Income-tax Act, 1961, for the assessment year 1983-84.2. The assessee is a society registered under the Societies Registration Act. It was granted approval under Section 35(1 )(ii) of the Act, for carrying on research in the area of natural and applied science, vide Government of India Notification, dated 16-10-1981 being No. 4265 (F. No. 203/260/80-ITA, II). The notification was made valid for the period from 28-8-1981 to 31-3-1983. The previous year for the purpose of accounting and assessment was the calendar year and for the impugned year, it ended on 31-12-1982. As per its income and expenditure account, the income was Rs. 87,53,418 as against which the net income carried to the balance-sheet, after claiming expenditure, was Rs. 15,97,827. In other words, its expenditure was Rs. 71,55,591 which was claimed to be on scientific research. The income of Rs. 15,97,827 was claimed to be...
Rashtriya Mill Mazdoor Sangh and ors. Vs. Regional Provident Fund Comm ...
Court: Mumbai
Decided on: Nov-16-1990
Reported in: 1991(2)BomCR677; (1994)IIILLJ929Bom
M.L. Dudhat, J.1. The present writ petition has been filed against the Respondents for their refusal to pay the amount of provident fund dues to the employees of National Textile Corporation for a period prior to the Nationalisation. Petitioner No. 1 is the trade union and is also representative and approved union under the Bombay Industrial Relations Act, 1946 for the employees of the Cotton Textile Industrial in the local area of Greater Bombay including the employees of Respondent No. 2. Petitioners No. 2 to 4 who are the members of petitioner No. 1 union, were the employees of Respondent No. 2, who retired from their service.2. Few facts which are necessary to decide this writ petition are as under:In the year 1965 the group of India United Mills 1 to 5 came under the management of the Authorised Controller appointed under Section 18A of the Industries (Development and Regulations) Act, 1951, hereinafter referred to as 'the Act of 1951' for the sake of brevity. The said Authorised ...
M.N. Kaka (Deceased) and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Nov-16-1990
Reported in: 1992(1)BomCR35; (1990)92BOMLR533
C. Mookerjee, C.J.1. These two writ petitions were filed challenging the validity of the various provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called 'Rent Act'). At the time of the final hearing, the petitioners, however, have confined their challenge to validity of section 5(10)(b)(i), (ii) and (iii), section 11(1) (except clause (d-1) and sections 12(3) of the Rent Act. The petitioners have not also pressed their prayers for declaration that deletion of Article 19(1)(f) by the Constitution (Forty-Fourth Amendment) Act, 1977, was ultra vires and against the basic structure of the Constitution of India.2. Mr. Atul Setalvad, the learned Counsel for the petitioners, has submitted that The Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947, was enacted with the threefold object of protection of tenants against their unreasonable eviction and demands for extortionate rent and to safeguard the legitimate interests of the landlords ...
Uttamrao Sahadu Khairnar and ors. Vs. Village Panchayat of Chikase and ...
Court: Mumbai
Decided on: Nov-16-1990
Reported in: 1991(2)BomCR383; (1990)92BOMLR682
V.P. Tipnis, J.1. By this writ petition filed under Article 226 of the Constitution of India the petitioners are seeking a writ or direction restraining the Collector of Dhule, the Commissioner, Nasik Division, Nasik and the State of Maharashtra from making any order under section 145 of the Bombay Village Panchayats Act, 1958, or otherwise dissolving and/or superseding the Village Panchayat of Chikase, Taluka Sakri, District Dhule. It is further prayed that a direction be issued to the aforesaid three authorities to hold bye-elections for filling in the vacancies of respondent No.1 village panchayat caused by the resignations of five members thereof in accordance with the provisions of section 43 of the Bombay Village Panchayats Act.2. It is averred in the petition that petitioner No. 1 is the Sarpanch while petitioners 2 to 5 are members of the Village Panchayat of Chikase, Taluka Sakri, District Dhule, which is constituted as a body corporate under section 9 of the Bombay Village Pa...
Patsons Properties (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-15-1990
Reported in: (1991)37ITD115(Mum.)
1. The assessee, as its very name depicts, is a resident private limited company. The method of accounting employed is 'Mercantile'. For the assessment year under appeal, viz. 1984-85, the previous year of the assessee ended on 31st October 1983.1.1 Assessment has been framed under Section 143(3) of the Income-tax Act, 1961 and the feed back of the facts as found by the learned first appellate authority in para 4 of the impugned order is to the following effect:- The facts of the case are that the appellant company vide an agreement dated 22-10-1982 with M/s Diamond Construction Company, a partnership builders firm, acquired 'ownership rights' in a property in the building known as 'Diamond Link' situated at Bandra for a consideration of Rs. 3,50,000. Simultaneously the appellant, after negotiations with M/s Pond's India Ltd., entered into a lease agreement for a term of 98 years commencing from the same date of 26-10-1982 on an apparent consideration of Rs. 44 lakhs received in lump ...
Ravindra Sonusing Patil and Another Vs. Smt. Rajendra Pandit Patil and ...
Court: Mumbai
Decided on: Nov-15-1990
Reported in: 1991CriLJ963
1. This is a writ petition filed under S. 482 of the Code of Criminal Procedure and Art. 226 of the Constitution of India for quashing of a private complaint, which is Criminal Case No. 2/S of 1989 pending before the Metropolitan Magistrate's 12th Court, Bandra at Bombay. The two petitioners before me are the accused Nos. 1 and 2 before the criminal court and the respondent No. 2 is the original accused No. 3. The original complainant is the respondent No. 1 to this petition.2. The complaint filed before the learned Magistrate alleged offences under Sections 420 and 406, I.P.C. Though there is a reference to S. 120B, I.P.C. in paragraphs 20 and 21 of the original complaint, we are not immediately concerned with the conspiracy charge because the learned Magistrate has issued process only under sections 406 and 420 read with 34, I.P.C.3. The brief facts relating to the filing of the complaint may be set out as follows :A partnership firm by the name of KTR Enterprises was formed on 30-1-...
Ashok Shridhar Athavale Vs. Ratansi Muljee of Bombay Chairman of Finla ...
Court: Mumbai
Decided on: Nov-15-1990
Reported in: (1993)IIILLJ367Bom; 1991(1)MhLj713
D.R. Dhanuka, J.1. The petitioners - Employees have filed these writ petitions impugning the validity of order dated 22nd December, 1988 passed by the Presiding Officer, 7th Labour Court, Bombay. By the said order, the Labour Court held that the Employees of Retail Cloth Shops were not governed by Bombay Industrial Relations Act, 1946 and the relevant notification as conducting of retail cloth shop was not necessary for running of a Spinning and Weaving Mill and the activity of running a retail cloth shop could not be considered as integral to the department of Spinning and Weaving.2. These petitions involve interesting and important questions of law of public importance affecting employees of retail cloth shops conducted by the Textile Mills in the City of Bombay and concern interpretation of the relevant provisions contained in Bombay Industrial Relations Act, 1946, and the Notification No. 2847/34-A dated 30th May, 1939 issued by the then Government of Bombay in exercise of powers c...
Janardan Banduji Dighe and Another Vs. Shri Vishwakarma Mandir Trust a ...
Court: Mumbai
Decided on: Nov-14-1990
Reported in: 1991CriLJ1095
ORDER1. This is a petition filed by the two original accused in Criminal Case No. 64 of 1985 pending on the file of the Chief Judicial Magistrate, Nasik. The petitioner No. 2 is the son of the petitioner No. 1. The complaint was filed by Shri Vishwakarma Mandir Trust and its Trustees. The basic allegation against the petitioner No. 1 being that he is the Chairman of the Trust and that he is alleged to have purchased a property named Bhidewada which is adjacent to the building of the Trust in the name of the petitioner No. 2, who is his son. The allegation in the complaint is to the effect that the Trust had paid an amount of Rs. 5,000/- against the purchase of this property and that the petitioner No. 1 who is alleged to have told the trustees that the property is purchased in the name of the Trust and that only at a subsequent point of time they came to know that the petitioner No. 1 has purchased the property in the name of his own son and that he has also recovered the rents of the ...
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