Mumbai Court July 1991 Judgments
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Arvind Manikchand Doshi Vs. S.V. Kotnis, Member, Industrial Court and ...
Court: Mumbai
Decided on: Jul-22-1991
Reported in: (1995)IIILLJ120Bom
H.H. Kantharia, J.1. The petitioner-workman filed Complaint (ULP) No. 15 of 1979 in the Second Labour Court, Kolhapur against respondents No. 2 and 3 alleging unfair labour practice covered by item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 on account of his dismissal from service. At the hearing of the said unfair labour practice complaint it was urged on behalf of the second and third respondent-employers that the petitioner was neither governed by the provisions of the Bombay Industrial Relations Act, 1946 nor by the provisions of the Industrial Disputes Act, 1947 and, therefore, the complaint would not be maintainable. The learned Labour Judge by his reasoned order dated October 30, 1981 upheld the contentions raised on behalf of the second and third respondents and dismissed the complaint of the petitioner. Being aggrieved, the petitioner filed revision application (ULP) No. 13 of 1982 in the Industrial Court...
Rafiq Abid Patel and Others Etc. Vs. the Inspector of Police, Kashimir ...
Court: Mumbai
Decided on: Jul-22-1991
Reported in: 1992CriLJ394
Mrs. Sujata Manohar, J.1. The petitioners in both these writ petitions are co-accused in C.R. No. I-43 of 1991 registered at the Kashimira Police Station, Taluka Thane, District Thane. These petitions are for quashing the application of the provisions of Ss. 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter called 'the TADA Act') to the accused in CR No. I-43/91. The petitioners have also prayed for striking down S. 5 read with S. 2(f) of the TADA Act, as being ultra vires the Constitution of India. This prayer, however, is not pressed by Mr. Chitnis, learned Advocate for the petitioners in these petitions. He has confined his submissions in these writ petitions to setting aside the application of Ss. 5 and 6 of the TADA Act to the petitioners. The petitions have subsequently been amended in view of the documents dated 24-7-1991. The petitioners have now also challenged the application of S. 3 of the TADA Act to them. 2. These petitions are filed un...
Hemant P. Vissanji and Others Vs. Mulshankar Shivram Rawal and Another
Court: Mumbai
Decided on: Jul-19-1991
Reported in: 1991(3)BomCR83; 1991CriLJ3144; 1992(2)MhLj1265
1. By this petition under Art. 227 of the Constitution of India read with S. 482 of the Criminal Procedure Code, 1973, the Petitioners have impugned the order dated 24-11-1986 issuing process against the Petitioners in Criminal Case No. 1004 of 1986. 2. The first Respondent filed a complaint before the Judicial Magistrate, First Class, Khalapur, in which he alleged that he was the owner of certain property in Sersan village, Taluka Khalapur and the property stood in his name in the records of the Grampanchayat concerned. The complainant alleged that accused Nos. 1 to 3 (Petitioner Nos. 1 to 3 herein), who were the Managing Directors and Senior Officers of Wallace Flour Mills Ltd. had conspired and committed trespass on his property, demolished his house by razing it to the ground and carried away the debris leaving no trace. Since the complainant stayed at Shilphata, the accused took the advantage of his absence and committed the aforesaid offences. The complainant alleged that this wa...
Kantilal Manilal and Co. Vs. Union of India
Court: Mumbai
Decided on: Jul-19-1991
Reported in: 1993LC206(Bombay)
Pendse, J. 1. The controversy in this petition lies in a very narrow compass and has been determined by several decisions of this Court. The petitioners are the transferees of REP Licence and on the strength of the Licence were desirous of importing certain goods. The petitioners imported 13,650 kgs. of Di-Ethanolamine from Japan. After the goods arrived in Bombay in January 1983, Bills of Entry were filed for clearance. The Customs Authorities denied permission to clear the goods on the ground that the transferor of the licence was served with Show Cause Notice by the licencing authorities. 2. While admitting the petition, the respondents were directed to clear the goods on petitioners' furnishing bond. Mr. Patel learned Counsel for the petitioners' submits that it is now well settled that the mere issue of notice against the transferor cannot entitle the Customs authorities to withhold the goods imported by the transferee of the licence. The licence is legally transferable and there ...
Raymond Woollen Mills Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-19-1991
Reported in: 1991LC504(Bombay); 1992(57)ELT396(Bom)
A.V. Savant, J.1. By this Petition, the Petitioners are challenging the orders passed on 16-3-1984 and 27-7-1988 by the Assistant Collector of Central Excise, Thane, partly rejecting the petitioners' claim in respect of the abatement of certain items of expenditure on the ground that they are the post-manufacturing expenses. The first petitioner is a manufacturer of man-made and woollen fabrics falling under Tariff Items Nos. 21 and 22. By their letter dated 18th March, 1991, the petitioner-Assessee claimed refund on the ground that the excise duty was wrongfully collected in respect of certain items which are in the nature of post-manufacturing expenses. The assessee thereafter filed further revised claims of refund for the subsequent periods. The claims for refund having been rejected, the assessee filed the present Writ Petition No. 352 of 1983 in this Court and obtained a stay order on 21st February 1983 requiring the assessment to be done on the value arrived after deducting the a...
The State of Maharashtra and ors. Vs. Parvatibai Punaji Salave at and ...
Court: Mumbai
Decided on: Jul-19-1991
Reported in: (1993)IIILLJ391Bom
H.H. Kantharia, J. 1. As these three writ petitions arise out of identical orders made by the Industrial Court, Pune, on identical facts and circumstances, they are heard together and are being disposed of by this common judgment with the consent of the advocates appearing on both sides.2. The first respondent in all the three writ petitions were working in the Central Fruit Nursery of the petitioners at Puntamba in Ahmednagar District continuously for a period of 13 years, 10 years and 8 years, respectively. Their duties were to raise seedlings, grafting to various trees bearing fruits and sell the same to the cultivators. This work belonging to the petitioners was going on continuously for 30 years and more. For the purpose of the said nursery activity, the petitioners had in their possession irrigated land. They used to engage labourers on daily wage basis for operating oil engines, watering plants, cultivating the land, watching and guarding plants, etc. and the first respondents w...
Copper Rollers Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-19-1991
Reported in: 1992LC336(Bombay); 1991(56)ELT51(Bom)
Pendse, J.1. The short question which falls for determination is this petition filed under Article 226 of the Constitution of India is whether the petitioners are entitled to claim exemption from payment of excise duty in respect of manufacture of copper cylinders liable to duty under Item 68 of the First Schedule to the Central Excise and Salt Act, 1944. The facts are not in dispute and are required to be briefly stated to appreciate the grievance of the petitioners. 2. The Petitioners are manufacturers of copper cylinders which are used in textile industries. It is not in dispute that at the time of the clearance from petitioners factory, copper cylinders are not engraved. The petitioners are liable to pay excise duty under Tariff Item No. 68 of the First Schedule to the Central Excise Act. The Government of India in exercise of powers conferred by sub-rule (1) of Rule 8 of Central Excise Rules, 1944 published exemption notification dated November 30, 1978 granting exemption from pay...
Mercantile Plastics (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-18-1991
Reported in: (1991)39ITD316(Mum.)
1. These two appeals by the assessee challenge the separate, but similar, orders of the learned CIT(A) of even date 30-3-1987 in relation to the assessment years 1982-83 and 1983-84. Since the appeals raise a common question of law and fact, they were heard together and are being disposed of by this consolidated order.2. The arguments of the learned authorised representative of the assessee and the learned Departmental Representative were heard.3. The assessee is a private limited company mainly engaged in the business of manufacture and sale of plastic wares. The assessee had constructed, inter alia, warehouses in its factory premises. It entered into an agreement with M/s. W.H. Deeth Pvt. Ltd. (Exporter) for providing warehousing facilities in those godowns to the exporter. The income derived by the assessee from the warehousing facilities made available to the exporter was shown by the assessee as business income.The ITO, however, treated the income as income from house property an...
Dr. D.R. Bharadwaj Vs. Shreemati Nathibai Damodar Thackersey Women's U ...
Court: Mumbai
Decided on: Jul-18-1991
Reported in: AIR1992Bom253; 1992(1)BomCR1; 1991(1)MhLj994
ORDERBharucha, J. 1. The appeal raises an interesting question relating to the meaning to be ascribed to the word 'umpire' in a provision of the Shrimati Nathibai Damodar Thacker-sey Women's University Act, 1974. The question : is such 'umpire' to function as an 'umpire' within the meaning given to the word in the Arbitration Act, 1940, or is he to function as a third arbitrator. The mere use of the word 'umpire' is not, in our view, determinative of the role that he must play.2. The appellant was employed by the said University as a Senior Lecturer in 1972. He addressed, during the period September to November 1978, nine letters to the said University alleging several deficiencies in its functioning. It was the said University's case that he had made wild and groundless charges of corruption, bias, provincialism and nepotism in these letters. Accordingly a notice to show cause was issued to him by the Vice-Chancellor of the said University on 29th March 1979. The first enquiry officer...
The Scotch Whiskhy Association and Another Vs. Pravara Sahakar Shakar ...
Court: Mumbai
Decided on: Jul-18-1991
Reported in: AIR1992Bom294; 1992(2)BomCR219
1. The 1st plaintiff is a company incorporated under the Companies Act of the United Kingdom with the object, inter alia, to protect and promote the interests of the scotch whisky trade generally, both in the United Kingdom and abroad. The status and locus standi of the 1st plaintiff to institute or defend proceedings to protect the reputation and goodwill of 'Scotch Whisky' and the interest of scotch whisky trade is recognised by judicial decisions of this Court and English Courts. The 1st plaintiff has been adopting judicial proceedings for more than a decade to prevent non-scotch whisky being passed off as scotch whisky and to sue the tortfeasors who commit the economic tort of passing off of non-scotch whisky in one form or another by adopting device of colourable imitation of name, design, mark or any other indicia on its label so as to confuse or deceive the unwary purchaser in respect of its origin and source. The 1st plaintiff has about 116 members who carry on the business of ...
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