Mumbai Court August 1991 Judgments
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Raymond Woollen Mills Ltd. Vs. Income-tax Officer and Others
Court: Mumbai
Decided on: Aug-17-1991
Reported in: 1992(1)BomCR210; [1994]207ITR929(Bom)
A.V. Savant, J. 1. By this petition, the petitioner-company seeks to challenge the notices issued to it under section 148 of the Income-tax Act, 1961, in respect of the six assessment years where it is alleged that the income which had escaped assessment is estimated to be around Rs. 9.20 lakhs for the assessment year 1967-68, Rs. 12.38 lakhs for the assessment year 1968-69, Rs. 2.77 lakhs for the assessment year 1970-71, Rs. 10.10 lakhs for the assessment year 1971-72, Rs. 25.17 lakhs for the assessment year 1972-73 and Rs. 4.70 lakhs for the assessment year 1973-74. The petitioner is a company incorporated under the Indian Companies Act and owns an integrated plant carrying on the manufacture of woollen worsted fabrics. In view of the process of manufacturing, the petitioner imports certain fabrics and the petitioner has adopted a particular accounting method for charging to its profit and loss account, fiscal duties paid during the year as well as labour charges, wages, power, fuel,...
Chandran Nair and ors. Vs. Indo French Times Industries Limited and or ...
Court: Mumbai
Decided on: Aug-17-1991
Reported in: 1991(3)BomCR746; (1994)IIILLJ346Bom
H.H. Kantharia, J.1. In this writ petition under Article 227 of the Constitution, the eight petitioners-workmen (hereinafter referred to as 'the petitioners') challenged the judgment and order dated March 23, 1982 passed by the third respondent-Labour Judge, presiding over the Six Labour Court, Bombay, dismissing their complaint of unfair labour practice covered by Item 1(a), (b) and (d) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the MRTU & PULP Act').2. The case of the petitioners is that respondent No. 1, M/s. Indo French Time Industries Limited, is an incorporated company. They appointed respondent No. 2, Sanjiva Shetty, as a canteen contractor in their factory premises. The petitioners joined a trade union known as 'Suburban General Workers Union' and submitted a charter of demands dated October 19, 1979 on both respondent No. 1 and respondent No. 2 for revision of wage scales and im...
Deepak Fertilisers and Petrochemicals Corporation Limited and ors. Vs. ...
Court: Mumbai
Decided on: Aug-17-1991
Reported in: 1992(2)BomCR550
D.R. Dhanuka, J.1. The plaintiffs have taken out this notice of motion for appointment of a firm of Chartered Accountants to value the shares pledged to the plaintiffs as described in Annexure I to the consent terms dated 31st July, 1990 for the purpose of sale of the said shares in terms of liberty granted to the plaintiffs under Clause 15 of the consent terms appended to the consent order dated 31st July, 1990 passed by Ashok Agarwal, J., on Notice of Motion No. 1556 of 1990 taken out by the plaintiff in this suit.2. On 31st July, 1990, Brother Justice Ashok Agarwal passed a consent order reading as under:...'By consent between the plaintiffs and the defendants Nos. 1 to 4, order in terms of consent terms handed in and market `X'.'By Clause 1 of the said consent terms, it was agreed and declared that defendants Nos. 1, 2 and 4 to pay to the 1st plaintiff a sum of Rs. 5.61 crores together with interest thereon at the rate of 16% per annum from 29th September 1989 till payment or reali...
Harsud Co-operative Marketing Society Ltd., Kandhwa, M.P. and Another ...
Court: Mumbai
Decided on: Aug-16-1991
Reported in: 1993ACJ899; AIR1992Bom341; 1992(1)BomCR5; [1994]80CompCas834(Bom)
ORDER1. This is an action for recovery of compensation on the basis of a contract of insurance against the risk of damage by fire.2. The pre-nationalisation Vulcan Insurance Co. (Vulcan) was in the business of general insurance. It had branch offices at Bombay and Jalgaon. The latter office was looking after operations in the adjacent district of Khandwa. That district was and is a part of the State of Madhya Pradesh. After nationalisation, Vulcan is part of the defendant. Plaintiff No. 1 is a co-operative society based at Harsud and Plaintiff No. 2 a co-operative bank with its head quarters at Khandwa. Plaintiff No. 1 was in the cotton business and plaintiff No. 2 was advancing money to it under different heads.3. Plaintiff No. 1 -- hereinafter to be referred to as the society -- had in 1970-71 purchased raw cotton worth Rs. 10,00,000/-. The residue of the ginning operation left it with cotton seeds worth about Rs. 3,50,000/-. The said seeds were stored in a godown of the society near...
Gangaram Topaji Hupade Vs. Digamber Sadashio Kanwale and Another
Court: Mumbai
Decided on: Aug-16-1991
Reported in: (1991)93BOMLR486; (1992)IILLJ408Bom; 1991(1)MhLj1204
ORDERV.A. Mohta, J.1. This order disposes of preliminary objections to maintainability of these 7 writ petitions under Articles 226/227 of the Constitution of India in this Court, in view of the establishment of the Administrative Tribunals (AT) under the Administrative Tribunals Act, 1985 (the AT Act). 2. In Writ Petitions Nos. 2801 of 1990 and 713 of 1991 is sought the relief of (i) quashing the appointment of respondents as Village Police Patil, under the Maharashtra Village Police Act, 1976 (the MVP Act) and (ii) appointments of the petitioners in their places. In Writ Petition No. 3063 of 1990 is sought the relief of issuance of appointment order to the civil posts of unskilled labours by persons selected and kept on waiting list. In Writ Petition No. 756 of 1991 is sought the relief of promotion to the next higher post in a reserved category by a government servant. In Writ Petition No. 1581 of 1991 is sought the relief of appointment to the civil post of Mechanical Supervisor by...
Rasiklal Ratilal and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Aug-14-1991
Reported in: AIR1992Bom418; 1992(1)BomCR700; 1991(2)MhLj1366
ORDERA. V. Savant, J.1. By this petition, the petitioners are challenging some of the provisions of the Textile Undertakings (Taking Over of Management) Act, 1983 which repealed the Textile Undertakings (Taking Over of Management) Ordinance, 1983. A few facts lending to the present controversy may be stated as under :2. The first petitioner is a partnership firm duly registered under the provisions of the Indian Partnership Act, 1932 carrying on business as dealers and suppliers of yarn. The second petitioner is the partner of the first petitioner firm. On 7th October, 1983, the first petitioner supplied a consignment comprising 497.27 Kgs. of Standard Polyester Textures Nirlon. Yarn, to the third respondent-company which is a textile undertaking covered by the said 1983 Act. The said consignment was covered by the first petitioner's delivery order and invoice dated 7th October, 1983 and was valued at Rs. 83,819.58. In respect of this consignment, the third respondent had, on 17th Octo...
Sunita Plastic Industries Vs. Union of India
Court: Mumbai
Decided on: Aug-14-1991
Reported in: 1992(58)ELT201(Bom)
Pendse, J.1. By this petition filed under Article 226 of the Constitution of India the petitioners are challenging legality of order dated February 25, 1991 passed by Additional Chief Controller of Imports & Exports. The petition came up for admission before us on June 26, 1991 and by a speaking order we directed notices to be issued to Petitioner No. 1 firm and its partners under the Contempt of Courts Act to show cause why the partners should not be committed for committing contempt of the Supreme Court by openly flouting the interim order and disposing of the imported material. The notice also directed the partners to show cause why the partners should not be prosecuted for playing fraud upon the Court and cheating the Customs Authorities in disposing of the imported material. Against order dated June 26, 1991 issuing notice to show cause why action under the Contempt of Courts Act and for prosecution should not be taken, the petitioners preferred Special Leave Petition No. 11017 of...
Balvant Dnyandeo Khandekar Vs. the Secretary, Shetkari Sahakari Sangh ...
Court: Mumbai
Decided on: Aug-14-1991
Reported in: 1992(1)BomCR320; [1991(63)FLR684]; (1995)IIILLJ818Bom
H.H. Kantharia, J.1. The Petitioner-Workman was employed as a watchman from 1.4.1965 at the petrol pump of the first respondent-Sangh at Uayamnagar and was on duty from 11.00 p.m. on 29.6.1978 till 7.00 a.m. on 30.6.1978. It was alleged against him that during his duty hours one barrel containing gear oil worth Rs. 1,804/- was stolen from the said petrol pump on account of his negligence. He was accordingly chargesheeted and a domestic enquiry was held. Relying upon the findings of the enquiry officer he was discharged with effect from 31.12.1978. Being aggrieved, the petitioner filed a complaint of 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 (hereinafter referred to as the MRTU & PULP Act) in the Labour Court at Kolhapur against the first respondent Sangh. On considering the evidence adduced before him, the Learned Labour Judge (second respondent) came to the conclusion that ...
Sharad Joshi Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-14-1991
Reported in: 1992(2)BomCR519
S.W. Puranik, J.1. The petitioner, who is an agriculturist and who states that he is the founder and activist of Shetkari Sanghatana, an organisation of farmers working for the betterment of the farmer community in general, has preferred this petition as pro bono publico representative in the nature of public interest litigation. Amongst other reliefs, he prays for a writ directing the State of Maharashtra to supersede the present Agricultural Produce Market Committee, Pune, and to appoint an Administrator to take charge and control of the said Market Committee. He also seeks an order restraining respondents Nos. 1 and 2 from allotting lands and from taking possession of any piece of land either acquired or under acquisition for expansion of the Market Yard and other reliefs.2. It must be stated that this writ petitioner had preferred an identical petition before this Court which was Writ Petition No. 349 of 1991. The petitioner therein had wanted to expose the abuse of powers committe...
Bharat @ Mamul S/O Vithaldas Thakkar and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-14-1991
Reported in: 1991(4)BomCR126
M.F. Saldanha, J.1. Should persons accused of dealing in dangerous drugs be enlarged on bail merely because of alleged breaches of procedural requirements in the course of investigation. This issue, in relation to the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended), has arisen recurrently in recent times and requires deep reconsidered by the courts, with many divergent views having been expressed, most of them in favour of the grant of bail. For the reasons enumerated in this judgment, it is essential that the point be very seriously examined and set at rest. Two of my brother Judges have recently expressed the view that a breach of certain procedural provisions of the Act would result in fatal consequences to the prosecution, thereby necessitating the release of the accused on bail. This benefit to the accused, which would not have otherwise arisen and which accrues by default, proceeds on the assumption that such a breach is incurable and...
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