Mumbai Court March 1992 Judgments
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Kashirao S/O Bapurao Deshmukh Vs. the District and Sessions Judge and ...
Court: Mumbai
Decided on: Mar-16-1992
Reported in: 1994(2)BomCR593
K. Sukumaran, J.1. The petitioner was employed as Bailiff in the Court of the Civil Judge, Senior Division, Wardha. He was involved in disciplinary proceedings for the misconduct linked with corruption.2. The allegations, in substance, were that while functioning as a bailiff, and entrusted with the service of the notice in Misc. Civil Appeal No. 20 of 1976 he demanded and received a sum of Rs. 30/- illegally from the appellant in that case.3. The enquiry resulted in the order dated 13-1-1982 (Annexure-10), whereunder, the petitioner was found guilty of the charges levelled against him. He was dismissed from service with effect from 31-7-1980 afternoon.4. He filed an appeal before the High Court. That was dismissed by the order Annexure '9' dated 22-4-1981.5. A further appeal to the Government was attempted. That appeal was, however, withheld by order dated 7-3-1983 (Annexure 14).6. Counsel for the petitioner submitted initially that the charge against the petitioner had not been estab...
Christine Hoden (India) Pvt. Ltd. Vs. N.D. Gadag and ors.
Court: Mumbai
Decided on: Mar-16-1992
Reported in: 1993(2)BomCR169
E.S. Da Silva, J. 1. By this common judgment we propose to conveniently dispose of the above mentioned two writ petitions which are raising similar questions of facts and law. In both of them the petitioners are a Company registered under the Indian Companies Act, 1956 and having a small scale unit at Cortalim, Goa, for the manufacture of sanitary pads under Tariff Item No. 68 in the First Schedule to the Central Excise & Salt Act, 1944 (hereinafter referred to as the Act). The pads are used by ladies during the menstruation period to prevent the flow of blood and impurities. They are made of absorbent cotton covered with plastic shield and used hygienically to treat bleeding and prevent infection. Thus according to the petitioners the sanitary pads are covered by the definition of the words 'drugs'. 2. It is their case that for the first time the pads were brought under the net of the Central Excise by virtue of the Finance Bill, 1975. The rate of duty then applicable was of 1% ad val...
Ahmad Shaikh HussaIn Ibrahim Vs. the State
Court: Mumbai
Decided on: Mar-13-1992
Reported in: 1993(1)BomCR455; 1992CriLJ2657
Dr. E.S. Da Silva, J.1. The appellant is an accused in the Sessions Case No. 40 of 1989. He has been convicted by the learned Sessions Judge, Margao, for an offence of rape punishable under section 376 of IPC and sentenced to undergo 7 years of Rigorous Imprisonment and to pay a fine of Rs. 2,000/- or in default to undergo 1 year of Rigorous Imprisonment. 2. It appears that on 9-9-1989 the complainant Miss Shoona Burd who is a British National and had come to Goa as a tourist along with a friend by name Susan Wallwork, was staying in Room No. 33 of 'Colmar' Hotel at Colva. The appellant Ahmed Shaikh Hussain Ibrahim who is a Somali National was also putting up in Colva in another Hotel by name 'Vincy' Hotel. It is said that on the night 9th to 10th September, 1989, when the complainant after dinner went to her room at Colmar Hotel, the appellant who was standing behind her when the door of the room was opened suddenly pushed her inside the room and wielding a knife threatened to kill he...
Suresh Raghunath Kochare and Another Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Mar-13-1992
Reported in: 1992(3)BomCR287; 1992CriLJ2455; 1(1994)DMC267
Cazi, J. 1. This Criminal Revision Application challenges the legality and propriety of the judgment and order dated 14th Feb. 1991 passed by the learned Sessions Judge, Satara, in Criminal Appeal No. 57 of 1989 by which judgment and order he has confirmed the judgment and order dated 10th May 1989 passed by the learned III Assistant Sessions Judge, Satara in Sessions Case No. 118 of 1988 convicting both the petitioners for offences u/S. 498A and S. 306 read with S. 34 of the Indian Penal Code and, in respect of the offence u/S. 498A of the Indian Penal Code, sentencing each of them for rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default rigorous imprisonment for six months, and in respect of the offence u/S. 306 read with S. 34 of the Indian Penal Code, for rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- in default to suffer further rigorous imprisonment for two years. 2. The victim is Mangal the wife of petitioner No. 1. She died b...
R.D. Pillay Vs. Indian Dyestuff Industries Ltd.
Court: Mumbai
Decided on: Mar-13-1992
Reported in: [1992(65)FLR977]; (1993)IIILLJ671Bom
B.N. Srikirshna, J.1. These two cross Writ Petitions, under Articles 226 and 227 of the Constitution of India, arise out of and impugn the Award, dated 3rd January, 1990, made in Reference (IDA) No. 35 of 1982, by the Third Labour Court, Thane, in proceedings under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. Since these are cross Writ Petitions, instead of referring to the parties as they are arrived in their respective petitions, I shall refer to the petitioner in Writ Petition No. 2697 of 1990 and the first respondent in Writ Petition No. 3229 of 1990 as 'the workmen'; the first respondent in Writ Petition No. 2697 of 1990 and the petitioner in Writ Petition No. 3229 of 1990 shall be referred to as 'the employer'.3. The employer is a company which deals in dyestuffs and intermediates. The workman was employed in its service on 1st June, 1979 as a Helper in the Engineering Department. On 20th August, 1981, he was served with an Order by which his servic...
Smt. Khatun and anr. Vs. Balakrishna Keshav Deshpande
Court: Mumbai
Decided on: Mar-13-1992
Reported in: 1992(3)BomCR108; (1992)94BOMLR666
N.M. Kasliwal, J.1. This appeal by grant of special leave is directed against the judgment of the Bombay High Court dated July 31. 1980. Briefly stated the facts necessary for the determination of this appeal are that the appellants Khatun widow of Bala Sheikh and Rashida widow of Mira Sheikh were the tenants of lands Survey Nos. 105, 106 and 155 situated in village Gulvanchi in Jath Tahsil of Sangli District, Maharashtra. The respondent filed an application for possession of the aforesaid lands on the ground of default in payment of rent for the years 1962-63, 1963-64 and 1964-65. We deem it unnecessary to make a mention of various orders passed by different Revenue Courts in this litigation and pick up the thread from the order of the Maharashtra Revenue Tribunal dated June 7, 1975 by which the respondent-landlord was granted restoration of possession holding that the appellants were proved as defaulters in the payment of rent for the aforesaid period. The High Court dismissed the wr...
Beed District Central Co-op. Bank Ltd. and anr. Vs. Jagannath S. Shaha ...
Court: Mumbai
Decided on: Mar-13-1992
Reported in: 1992(3)BomCR102; (1992)94BOMLR753
N.M. Kasliwal, J.1. Special leave granted.2. This appeal is directed against the Judgment of High Court of. Judicature of Bombay at Aurangabad dated November 19, 1991. Brief facts of the case are that elections to the Board of Directors of the Beed District Central Co-op. Bank Limited a specified co-operative society under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Principal Act'') were to be held for the years 1991-1996. The elections are held as provided under the provisions of Section 73(G) of the Act read with Maharashtra Specified Co-operative Societies (Elections to Committees) Rules, 1971 (hereinafter referred to as the 'Rules of 1971'). The Constitution of the Board of Directors of the Beed District Central Co-op. Bank Ltd. (hereinafter referred to as ''the Beed Co-op. Bank'') is provided in bye law No. 28 of the bye laws of the Beed Co-op. Bank. The elections to the Board of Directors for the years 1991-96 had become due in November, 1990...
Ewac Alloys Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-12-1992
Reported in: (1992)42ITD218(Mum.)
1. This appeal by the assevssee challenges the order of the learned CIT(A) dated 14-12-1990 in relation to the assessment year 1987-88.2. The grounds raised in the appeal, our discussion thereof and the findings thereon are as under. 1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) has erred in confirming the addition of Rs. 196.63 lacs made by the learned Deputy Commissioner of Income-tax in respect of sales made by your appellants to M/s. Larsen & Toubro Limited. He ought not to have done so.The assessee-company is a manufacturer of electrical products. Sixty per cent of its shares are held by M/s. Larsen & Toubro Limited (L&Tfor short) and the balance 40 per cent by Eutectic Corporation, U.S.A. The assessee, after obtaining the approval of the Government of India under Section 294AA of the Companies Act, had appointed L & T as its sole selling agent in the year 1970. This arrangement was renewed every ...
Madhukar R. Mahadik Vs. Indian Express Newspapers Pvt. Ltd.
Court: Mumbai
Decided on: Mar-12-1992
Reported in: [1992(65)FLR860]; (1993)IIILLJ667Bom
M.L. Dudhat, J.1. By this Writ petition, the petitioner has challenged the order dated March 1, 1984 which is at Ex. G, passed by the fourth respondent in Complaint (ULP) No. 6 of 1983.2. The petitioner in this case was employed with Respondent No. 1 as a Bailer doing unskilled work. The petitioner joined Respondent No. 1's company on May 4, 1971 and was made permanent in the month of November 1971. The petitioner was in continuous service from the date of his appointment till January 5, 1983, on which date he was discharged from his duties by a letter dated January 5, 1983. In the said letter it was stated that the petitioner was directly involved in a grave and serious incident of assault on a co-worker, which took place at about 12.30 p.m. on January 3, 1983, in the company's premises when he was on duty. It was further stated in the aforesaid letter of discharge that due to the aforesaid incident Respondent No. 1 was of the opinion that it was unsafe to continue him in the employme...
Rangnath Banduji Salve Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-12-1992
Reported in: 1992(3)BomCR142
S.H. Kapadia, J.1. The question involved in this writ petition under Article 226 of the Constitution of India is whether the impugned orders bearing No. CJM.4777/306/(46)-D-III dated 1st August, 1980 read with order bearing No. CJM.4777/306(46)-D-III dated 28th June, 1982 passed by the respondent the State of Maharashtra, by which the services of the petitioner as Joint Civil Judge, Junior Division, and Judicial Magistrate. First Class (Parbhani) came to be discharged, constitute an order of simple discharge or whether they constitute an order of dismissal. 2. The facts giving rise to this writ petition briefly are as follows : (a) On 8th February, 1974 the petitioner was appointed as Civil Judge, Junior Division and Judicial Magistrate, First Class on probation period for the period of two years. (b) On 6th March, 1974 the petitioner herein took charge as Civil Judge, Junior Division and Judicial Magistrate, First Class at Osmanabad. Initially the petitioner was required to undergo tr...
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