Mumbai Court September 1990 Judgments
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National Textile Corpn. (South Maharashtra) Ltd. Vs. Bhagirathi Gopal ...
Court: Mumbai
Decided on: Sep-13-1990
Reported in: [1991(62)FLR601]; (1992)IILLJ111Bom
Sugla, J.1. The challenge in this petition is to the legality and validity of the order dated September 23, 1986 passed by the Industrial Court and Appellate Authority under the Payment of Gratuity Act, 1972 in Appeal (PGA) No. 50 of 1985.2. One Shri Gopal Laxman Martal (since deceased) was employed as a workman in the Textile Mill of the original Opponent No. 1 since April 1, 1944. He retired on April 1, 1983. His salary, at the time of retirement, was about Rs. 1150/- per month. As gratuity due to him was not paid by the Textile Mill, he filed application (P&A;) 253 of 1983 on June 6, 1983 before the Controlling Authority under the Payment of Gratuity Act, 1972 (for short, Gratuity Act). On October 18, 1983, the management of the Textile Mills was taken over by the Central Government under Textile Undertakings (Taking Over of Management) Act, 1983 (Act No. 40 of 1983), (for short the 'Taking Over Act'). On March 8, 1984 he made an application for taking the petitioner Corporation a p...
Sharad Construction Company Vs. Ladkubai Narayan Gavand (Smt.) Since D ...
Court: Mumbai
Decided on: Sep-13-1990
Reported in: 1991(2)BomCR77
H. Suresh, J.1. This is a petition filed by the petitioners against an order of fixation of interim standard rent by the Court of Small Causes at Bombay. The relevant facts are as follows:2. The present respondents are the heirs and legal representatives of the deceased Ladkubai Narayan Gavand. The said deceased Ladkubai had granted certain lease-hold in respect of a certain plot of land, under a deed of lease dated 29th January, 1959, to one Khandubhai R. Patel who was carrying on business in the name and style of Sharad Construction Company as the sole proprietor thereof. The said lease was in respect of the land admeasuring about 30,000 Sq. yards or thereabout. Under the said deed of lease, the rent was fixed at Rs. 600/- per month for the land and at Rs. 75/- per month, in respect of certain chawls which were existing on the land, for the period of 40 years. The lease also provided that it could be renewed for a further period of 40 years or in perpetuity, but subject to such rent ...
La'Builde Corporation Vs. Hira Investment Pvt. Ltd.
Court: Mumbai
Decided on: Sep-13-1990
Reported in: 1990(3)BomCR777
D.R. Dhanuka, J.1. The petitioners have filed this petition to set aside an Award dated 13th September, 1988 made by the Arbitrators-Shri K.K. Desai former Chief Justice of our High Court, and one Shri D.A. Kothari. By the said Award, the learned Arbitrators have directed the petitioners to pay a sum of Rs. 1,66,000/- to the respondents with interest thereon at the rate of 12% per annum from 16th July, 1984 till payment. The said Award is a lump sum Award in respect of claims Nos. 1 and 4 made by the respondents in their Statement of Claim dated 16th July, 1984 filed before the Arbitrators. By the said Award, the learned Arbitrators have rejected claims Nos. 2 and 5 appearing in the Statement of Claim and have declared that claim No. 3 as premature. Accordingly, reference would be made in subsequent paragraphs of this judgment only to claims Nos. 1 and 4.2. It was agreed between the Counsel at the hearing that the learned Arbitrators could not award interest having regard to the ratio ...
Bhavesh J. Bhatt Vs. Cyrus N. Baxter and anr.
Court: Mumbai
Decided on: Sep-13-1990
Reported in: 1990(3)BomCR713; (1990)92BOMLR474; 1991(1)MhLj231
Sujata Manohar, J.1 The appellant, who is the original plaintiff, is the Principal and proprietor of coaching classes known as Sukh Sagar Classes giving tuitions to students studying in different branches of commerce, economics, costing, accountancy, maths etc. The Sukh Sagar Classes have their centres at Chowpatty, Andheri, Ghatkopar and Goregaon. The 1st respondent who is the original defendant No. 1 Cyrus N. Baxter joined the plaintiff's coaching classes in 1978. He teaches the subject of accounts Upto March 1987 there was no written agreement between the plaintiff and the 1st defendant in respect of the terms and conditions of service of the 1st defendant, who was employed by the plaintiff. In 1987, however, a written agreement was arrived at between the plaintiff and the 1st defendant. This agreement is dated 12th March, 1987. Under this agreement of 12th March, 1987 the plaintiff agree to hire the services of the 1st defendant and the 1st defendant agreed to serve the plaintiff f...
Mrs. Fatmabai B. Bachooali, Adv. Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-12-1990
Reported in: AIR1991Bom220; 1991(1)BomCR1
ORDER1. This petition under Article 226 of the Constitution takes exception to an order passed by the 2nd respondent upon an application moved under Section 36(2) of the Bombay Public Trust Act, 1950 -- hereinafter referred to as 'the Act'.2. Respondents Nos. 3 to 11 and the deceased respondent No. 12 were office bearers of a Public Trust known as Khoja Sumat Trust registered under the aforementioned Act. This Trust owned property bearing House No. 131/A, Nishanpada Road, Bombay-9. Petitioner was in occupation of the property as a tenant and the rent payable by her was meagre. For this reason, the Trust decided to sell the property. Advertisements were published in a certain number of newspapers and quotations invited from intending purchasers. Amongst the offerers were the petitioner who quoted a price of Rs.40,000/- and Mahendra G. Wadhwani, whose quotation was for Rupees 50,000/ -. The Trustees expressed a preference for the bid offered by the petitioner and approached the then Char...
Gustad Mayur Irani Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-12-1990
Reported in: 1991(51)ELT232(Bom)
Pendse, J.1. The petitioner carries on business in the name and style of M. N. Irani & Sons as sole proprietor and deals in trade and import of foreign liquor including Indian made foreign liquors. The petitioner is holder of licence issued under the provisions of the Bombay Prohibition Act, 1949, the Maharashtra Foreign Liquor (Import and Export) Rules, 1963, and Maharashtra Foreign Liquor (Storage in Bond) Rules, 1964. Section 58A of the Bombay Prohibition Act, inter alia, provides that the State Government may be general or special order direct that the manufacture, import, export, transport, storage, sale, purchase, etc. of any liquor shall be under the supervision of such prohibition and excise or police staff as they may deem proper to appoint and the cost of such staff shall be paid by person manufacturing importing, exporting, etc. of the liquor. The charges paid by the manufacturers or importers under Section 58A of the Act known as supervision charges. Condition No. 3 of F.L....
Kirloskar Oil Engines Ltd. Vs. Union of India Overruled
Court: Mumbai
Decided on: Sep-12-1990
Reported in: 1991(51)ELT334(Bom)
Pendse, J.1. The petitioner No. 1 is an Existing Company within the meaning of Section 3 of the Companies Act, 1956 and manufactures at the factory at Khadki, Pune, bimetal bearings suitable for various applications. The bimetal bearings are used in engines and chassis of motor vehicles and tractors and thus become parts of motor vehicles and tractors. Bimetal bearings manufactured by the Company are : (1) Thin-walled bearings, (2) Thrust Half washers, (3) Wrapped Bushes, and (4) Thrust washers. The manufacture of products by the Company became liable to payment of excise duty after insertion of Tariff Item No. 34A in Schedule 1 to Central Excises and Salt Act (hereafter referred to as the 'Act') by Finance Act, 1971. The description of goods under Tariff Item No. 34A is :'Parts and accessories, not elsewhere specified, of motor vehicles and tractors,' including trailers. The rate of duty prescribed is 20% ad valorem. The Central Government, in excises of powers conferred by sub-rule (...
The Baroda Rayon Corp. Vs. Union of India
Court: Mumbai
Decided on: Sep-12-1990
Reported in: 1991(52)ELT35(Bom)
1. This petition takes exception to the rejection of petitioner No. 1's claim for refunds of excess paid towards duty of customs.2. Petitioner No. 1 is engaged in the manufacture of rayon and rayon products. Several items required for its plant and machinery had been imported by the said petitioner prior to July 1978. The imported articles were liable to customs duty chargeable under the Act. Sections 14 and 15 of the Customs Act, 1962 (Act) have been amended from time to time in a never-ending struggle between the taxman and the importer to get the better of each other. Section 14 deals with fixing the value of the goods for the assessment of the duty of customs. Section 15 prescribes as to what shall be the date for determination of rate of duty. The net effect of the pre and post 1-7-1978 position in regard to the sections vis-a-vis the controversy arising in this petition may be stated thus : While the pre 1-7-1978 rate had to be fixed with reference to the rate of exchange in rega...
Godrej Rustom Karmani Vs. Hari Aildas Thadani and ors.
Court: Mumbai
Decided on: Sep-12-1990
Reported in: 1990(3)BomCR587
H. Suresh, J.1. Both these appeals can be disposed of by this common judgment.2. The first appeal is by the original defendant and the second appeal is by the original plaintiffs, both being against an order dated November 27, 1984, passed by the Second Extra Assistant Judge at Ahmednagar. The relevant facts are as follows :The plaintiffs filled a suit being suit No 345 of 1972 in the Court of 3rd Joint Civil Judge, Senior Division, Ahmednagar for an injunction restraining the defendants from committing trespass on the suit property viz., a room called Cinema Room shown by the letters HIJK in the plan attached to the plaint and also the open space in front of the constructed portion marked by the letters FGHIJ as shown in the map and also a representatives' room as referred to in para 2 of the plaint and for certain other consequential reliefs.3. The plaintiffs suit proceeded on the assumption that they were in possession of the suit property referred to above as on the date of the sui...
Baroda Rayon Corporation and anr. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Sep-12-1990
Reported in: 1992(41)LC313(Bombay)
S.M. Daud, J.1. This petition lakes exception to the rejection of petitioner No. 1's claim for refunds of excess paid towards duly of custom.2. Petitioner No. 1 is engaged in the manufacture of rayon and rayon products. Several items required for its plant and machinery had been imported by the said petitioner prior to July 1978. The imported articles were liable to customs duty chargeable under the Act. Sections 14 and 15 of the Customs Act, 1962 (Act) have been amended from time to time in a never-ending struggle between the taxman and the importer to get the better of each other. Section 14 deals with fixing the value of the goods for the assessment of the duty of customs. Section 15 prescribes as to what shall be the date for determination of rate of duty. The net effect of the pre are post 1.7.1978 position in regard to the sections vis-a-vis the controversy arising in this petition may be stated thus: while the pre 1.7.1978 rate had to be fixed with reference to the rate of excha...
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