Mumbai Court October 1991 Judgments
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Shrinath J. Balwar Vs. Municipal Corporation of Greater Bombay and anr ...
Court: Mumbai
Decided on: Oct-24-1991
Reported in: 1992ACJ1053; (1991)93BOMLR475
H.W. Dhabe, J.1. This First Appeal is placed before us on a reference made by the learned single Judge to the Division Bench for consideration of the question whether a Starter employed by the Bombay Electric Supply and Transport (B.E.S.T.) undertaking is a workman covered by Clause (2) of Schedule II of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). Parties agree that since the above is the only question involved in this appeal, we can finally dispose of the Appeal itself by our Judgment.2. The facts are that the Appellant was working as a Starter in B.E.S.T. Undertaking during the relevant time. On 13th June, 1981 at about 4.15 P.M. while he was boarding a bus to report for duty, he met with an accident as he slipped from the step of the exit door of the bus and fell down. As a result, he sustained a fracture of the left leg. He was removed to the K.E.M. Hospital for treatment. He thereafter got certificate of fitness on 26th November, 1981 and resumed h...
Srinath J. Balwar Vs. Municipal Corporation of Greater Bombay and anr.
Court: Mumbai
Decided on: Oct-24-1991
Reported in: I(1993)ACC566
H.W. Dhabe, J.1. This First Appeal is placed before us on a reference made by the learned single Judge to the Division Bench for consideration of the question whether a Starter employed by the Bombay Electric Supply and Transport (B.E.S.T.) Undertaking is a workman covered by Clause (2) of Schedule n of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). Parties agree that since the above is the only question involved in this appeal, we can finally dispose of the appeal itself by our judgment2. The facts are that the appellant was working as a Starter in the B.E.S.T. Undertaking during the relevant time. On the 13th June, 1981, at about 4.15 p.m. while he was boarding a bus to report for duty, he met with an accident as he slipped from the step of the exit door of the bus and fell down. As a result, he sustained a fracture on the left leg. He was removed to the K.E.M. Hospital for treatment. He thereafter got certificate of fitness on 26th November, 1981 and re...
Saiba Developers (P.) Ltd. Vs. Fifteenth Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-23-1991
Reported in: (1992)40ITD419(Mum.)
1. This appeal by the assessee arises out of the order dated 27-4-1988 of the Commissioner of Income-tax (Appeals) for the assessment year 1984-85.2. The assessee is a company. For the assessment year 1984-85, previous year ended on 31-3-1984. The assessee is engaged in property development and exports of cashewnuts. The assessee had entered into cashewnut business in the month of March 1983And entered into eight contracts with M/s. Commodim (Produce) Ltd., London, for the supply of 10,300 cartons of W-320 Indian cashewnuts kernels during the month of July to September 1983. Out of the total eight contracts for 10,300 cartons, the assessee-company did fulfil two contracts for supply of 1000 cartons in the month of December 1983. Six contracts for 9,300 cartons were not fulfilled by the assessee because of failure to procure the required quantity of cashewnut at a reasonable cost due to cashew crops failure during that season. The assessee would have incurred heavy losses if it had act...
Pawan Kumar Vs. Kamunja Fields Pvt. Ltd. and Another
Court: Mumbai
Decided on: Oct-23-1991
Reported in: 1993(3)BomCR608; [1994]80CompCas439(Bom)
B.U. Wahane J.1. By this application under section 482 of the Criminal Procedure Code, the applicant/accused, Shri Pawankumar Agrawal, seeks a direction from this court to quash the proceedings pending in the court of Chief Judicial Magistrate, Amravati, in a Regular Criminal Case No. 233 of 1989 and quash and set aside the order dated December 12, 1989, issuing process. 2. It is not disputed that the applicant/accused owes some amount to non-applicant No. 1. It is also disputed that the accused/applicant had issued four cheques for different amounts on June 30, 1989, July 15, 1989, and on July 23, 1989. 3. Before proceeding with the discussion, Shri Kasat, learned counsel for the applicant, did not press the validity of the notice under section 138 of the Negotiable Instruments Act and the proceedings under sections 420 and 471 of the Indian Penal Code. The submissions of Shri Kasat, learned counsel for the applicant, are very restricted and he formulated the issue as : 4. Whether the...
Smt. Mamta W/O A. Vaidya Vs. Ashok M. Vaidya
Court: Mumbai
Decided on: Oct-23-1991
Reported in: 1991(4)BomCR585; 1992CriLJ2605
ORDER1. This criminal revision application is directed against the judgment and order passed by the 2nd Additional Sessions Judge, Chandrapur, dated 14-8-1991, in Criminal Revision Application No. 24/91 Ashok Vaidhya v. Mamta Vaidhya, setting aside the order passed by the Judicial Magistrate, First Class, Chandrapur, on 8th February, 1991, on the application Exh. 2 for grant of interim maintenance, and directing the lower Court to decide the said application as per law after giving reasonable opportunity to the non-applicant to file his reply and both the parties to file affidavits in support of their contentions regarding the interim maintenance. 2. The facts giving rise to the present application are as follows : Smt. Mamta, the original applicant wife of the non-applicant Ashok Vaidhya, instituted the proceedings under S. 125, Cr.P.C. in the Court of Judicial Magistrate, First, Class, Chandrapur, for grant of maintenance. She filed the application u/S. 125, Cr.P.C. on 4-8-1990 along...
Municipal Corporation of Greater Bombay and ors. Vs. Maker Bhavan No. ...
Court: Mumbai
Decided on: Oct-23-1991
Reported in: 1991(4)BomCR56
D.J. Moharir, J.1. This appeal challenges the order of Additional Chief Judge of the Small Causes Court passed in Municipal Appeal No. M/307 of 1974 under section 217 of the Bombay Municipal Corporation Act. The respondent Maker Bhavan No. 11 Commercial Premises Co-operative Society Limited (hereinafter referred to as the Society) is the owners of building abutting New Marine Lines. This building consists of, in all 24 commercial units and these units are in possession of different members of the Society being the share holders thereof. In the beginning all these 24 units were self-occupied in the sense that they were occupied and used by the respective members to whom these had been allotted by the respondent Society as the owner of the said building. After sometime, seven out of these 24 unit holders transferred possession of their respective units to certain other persons on a leave and licence basis, charging different considerations by way of licence fees. Unit this transfer of po...
Milton Plastics Vs. Union of India and Others
Court: Mumbai
Decided on: Oct-22-1991
Reported in: 1992(2)BomCR363; (1992)94BOMLR9; [1994]79CompCas366(Bom); 1991(1)MhLj1531
Mrs. Sujata Manohar, J. 1. The rule, returnable forthwith by consent. 2. The respondents waive service. 3. This petition pertains to an ex parte ad interim order dated September 23, 1991, issued by the Monopolies and Restrictive Trade Practices Commission under section 12A of the Monopolies and Restrictive Trade Practices Act, 1969. The order is in respect of a contest for sales promotion, the details of which are set out in exhibit 'A' to the petition. It requires, inter alia, the competitors to annex a purchase coupon for the purpose of entering the context. The purchase coupon can be obtained by purchasing Milton products worth Rs. 150. The scheme for sales promotion commenced from September 15, 1991. The petitioners have stated that in respect of the scheme, expenditure worth approximately Rs. 45 lakhs has already been incurred by the petitioners by way of insertion of advertisements and projection and distribution of other sales promotion material. The petitioners have also pointe...
Solar Pesticides Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Oct-22-1991
Reported in: 1992(1)MhLj871
ORDERSujata Manohar, J.1. The 1st petitioner Solar Pesticides Private Limited is a Company registered under the provisions of the Companies Act, 1956. The 2nd petitioner is the Managing Director of the 1st petitioner. The 1st petitioner operates under the trade name of 'Solar Syndicate'. The name of the petitioners was originally Hypro Pesticides Private Limited. After the filing of the petition the name has been changed to Solar Pesticides Private Limited and the petition has been accordingly amended. 2. The petitioners manufacture, inter alia, Copper Oxychloride, a chemical extensively used as a fungicide for the treatment of agricultural crop. The petitioners have their factory at Bulsar which is registered as a Small Scale Industry. The product manufactured by the petitioners is also registered by the Insecticides Board, Faridabad, for the manufacture of Copper Oxychloride. The petitioners require as one of the raw materials copper scrap for the manufacture of Copper Oxychloride. T...
Narendra Mafatlal Mehta Vs. Uoi, Cci and E and anr.
Court: Mumbai
Decided on: Oct-22-1991
Reported in: 1992(41)LC603(Bombay)
N.D. Vyas, J.1. The present appeal is preferred from the judgment and order of the learned Single Judge dismissing the appellant's petition.2. A very short question arises in this appeal for determination. Therefore, we arc referring to a few relevant facts only. The appellant carries on business of importing rough diamonds and exporting cut and polished diamonds in the name and style of Messrs. N. Mehta and Company. The said firm was declared an Export House and ii entered into a contract with its foreign buyer for export of polished diamonds. The said contract was registered with the 3rd respondent herein on 17th March 1981. On the basis of the exports effected in December 1983 under the said registered contract, an application was made to the 3rd respondent by the said firm for the issuance of replenishment licence under paragraph 8 of Appendix 20 of Import Policy for 1980-81. On 26th March 1984 replenishment licence was issued. The licence was forwarded by the said firm to the 3rd ...
Solar Pesticides Pvt. Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Oct-22-1991
Reported in: 1992(57)ELT201(Bom)
Sujata Manohar, J.1. The 1st petitioner Solar Pesticides Private Limited is a Company registered under the provisions of the Companies Act, 1956. The 2nd petitioner is the Managing Director of the 1st petitioner. The 1st petitioner operates under the trade name of 'Solar Syndicate'. The name of the petitioners was originally solar Pesticides Private Limited. After the filing of the petition the name has been changed to Solar Pesticides Private Limited and the petition has been accordingly amended.2. The petitioners manufacture, inter alia, Copper Oxychloride, a chemical extensively used as a fungicide for the treatment of agricultural crop. The petitioners have their factory at Bulsar which is registered as a Small Scale Industry. The product manufactured by the petitioners is also registered by the Insecticides Board, Faridabad, for the manufacture of Copper Oxychloride. The petitioners require as one of the raw materials copper scrap for the manufacture of Copper Oxychloride. The pet...
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