Mumbai Court June 1992 Judgments
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Madanlal Tantia of Bombay and Others Vs. Collector of Bombay and ors.
Court: Mumbai
Decided on: Jun-11-1992
Reported in: (1993)ILLJ502Bom
1. The question involved in this petition under Article 226 of the Constitution of India is whether the provisions of Section 49(3) of the Maharashtra Co-op. Societies Act, 1960 under which the employer deducts certain agreed and stipulate amounts to be paid to the workers' society from their wages is applicable and if so whether the Directors of a company which has entered into an agreement contemplated by Section 49 of the said Act are personally liable under Section 49(3) of the said Act read with Section 267 of the Maharashtra Land Revenue Code, 1966. 2. The facts giving rise briefly to this petition are as follows : (a) Petitioner Nos. 1, 2 and 3 were the Directors of respondent No. 5 'Shri Sitaram Mills Ltd.', which was subsequently taken over under the Textile Undertakings (Taking Over of Management) Act, 1983 and handed over to the National Textile Corporation i.e. respondent No. 6 herein. The said take-over took place pursuant to the Ordinance which was substituted by the said...
N.M. Godbole Vs. Tata Consulting Engineers and anr.
Court: Mumbai
Decided on: Jun-11-1992
Reported in: (1994)IIILLJ666Bom
H.H. Kantharia, J.1. By this Writ Petition under Article 227 of the Constitution, the Petitioner-workman challenges the Judgment and order passed by the learned Member of the Industrial Court, Bombay and the appellate authority under the Payment of Gratuity Act, 1972 in Appeal (PGA) No. 5 of 1985 on June 26, 1985.2. The relevant facts giving rise to the Writ Petition are as under:The Petitioner was employed with the first respondent-Company on March 3, 1975 as technical assistant and on or about January 1, 1981 he was promoted as Junior Officer. Thereafter he was placed in the supervisory category. He resigned on August 11, 1983. After his resignation, he claimed gratuity amount unsuccessfully and hence made an application (PGA) No. 501 of 1983 in the Second Labour Court at Bombay-cum-Con-trolling Authority under the Payment of Gratuity Act, 1972. It was his contention that his last drawn wages were Rs. 1,2777- and at that rate he was entitled to gratuity amount of Rs. 5,896/-. He also...
Dr. Rohidas Marutirao Waghmare Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jun-10-1992
Reported in: AIR1992Bom494; 1992(3)BomCR691
ORDERMrs. Sujata Manohar, J.1. The petitioner in, this writ petition has appearedfor the entrance examination for the superspeciality course for the year 1990. He sought.admission to the super speciality course in aseat reserved for in-service candidates coming,from ESIS/Department of Health Services asthe petitioner is employed by the Departmentof Health Services, tinder a GovernmentResolution dated 21st August 1990 passed bythe Government of Maharashtra, MedicalEducation and Drugs Department, it is statedthat the Government of Maharashtra and theMunicipal Corporation of Greater Bombay,are running teaching units and providemedical treatment services in super specialities in the hospitals of the Government ofMaharashtra and Municipal Corporation ofGreater Bombay. To train doctors already inthe services of the State GovernmentBombay Municipal Corporation and Employees State Insurance Corporation for postgraduate education in broad specialities theGovernment has already provided suitable...
Haji Oomer Vs. B.S. Hobbar, Assistant Collector of Customs, Rummaging ...
Court: Mumbai
Decided on: Jun-10-1992
Reported in: 1992CriLJ4014; 1993(1)MhLj1020
1. This is a quashing petition under section 482 of the Code of Criminal Procedure, 1973. 2. This petitioner has been arraigned along with 14 others to a prosecution under various sections of the Customs Act the Imports and Exports (Control) Act, 1974 read with Section 120-B of the Indian Penal Code lodged by the first respondent in the Court of the Chief Metropolitan Magistrate, Esplanade. Shortly stated, the case against accused persons is that accused No. 15 is the kingpin of a smuggling gang. His assistants in the operation were accused Nos. 13 and 14. Accused No. 15 with the assistance of accused No. 13 loaded an Arab dhow known as 'A1 - Kawthar' with contraband. The goods in this dhow were to be off loaded into a fishing craft on the high-seas. The Arab dhow was crewed by accused Nos. 1 to 6. The fishing craft had for its crew accused Nos. 7 to 12. The smuggling operation was detected red-handed and statements of accused Nos. 1 to 12 were recorded. From these statements the Custo...
A.K. Kenial Vs. Uco Bank
Court: Mumbai
Decided on: Jun-10-1992
Reported in: 1992(3)BomCR437; (1993)IILLJ236Bom
1. There is nothing unique about UCO Bank; this is also a case of an official against the Bank. 2. The grievance is about a transfer. The legal argument is simple. Could the Bank effect a transfer when the employment came to an end consequent on the resignation of the employee The substantial defence of the Bank is that the resignation has not been accepted. If that be so, the relationship would continue; the transfer would be competent. 3. The petitioner joined service way back in 1968. He climbed up the official ladder, serving in different places. In Barelli, he was the Divisional Manager. He was in charge of Merchant Banking Division, not without its temptation. In August, 1988 he was back in Bombay. The petitioner has his own version for tendering resignation of a post with attractive perquisites and halted status. They are mostly domestic; a wife employed and a son studying in Bombay, a daughter studying in Kolhapur. The disturbance by transfer is almost unbearable. 4. The Bank h...
P.P. Kamdar Vs. N.A. Karande and anr.
Court: Mumbai
Decided on: Jun-10-1992
Reported in: (1994)IIILLJ668Bom
S.H. Kapadia, J.1. Mr. Cama the learned counsel appearing on behalf of the petitioner seeks leave to amend the Petition in order to bring the Municipal Corporation of Greater Bombay on record as the Petitioner. Since it is formal amendment, leave to amend granted. Amendment to be carried out within one week from today. Miss Baxi has no objection to the said amendment.2. This Writ Petition under Article 226 of the Constitution of India seeks to challenge the order passed by the Industrial Tribunal in Application (I.T.) No, 86 of 1984 in Reference (I.T.) No. 115 of 1981 on 8th April 1986 by which the application made by the applicant Corporation seeking approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 came to be rejected.3. The short facts giving rise to this petition are as follows:-(a) The first Respondent at the relevant time was employed by the Petitioner as a field worker in the Family Welfare Centre attached to Municipal Corporation Khervadi Maternity Home, Band...
Walwa Taluka Sahakari Sakhar Karkhana Ltd. Vs. H.K. Chavan and ors.
Court: Mumbai
Decided on: Jun-10-1992
Reported in: (1994)IIILLJ371Bom
H.H. Kantharia, J. 1. By this Writ Petition under Article 227 of the Constitution, the petitioners challenge the judgment and order passed by the learned Judge of the 2nd Labour Court at Kolhapur on June 23, 1981 in I.D.A. Application Nos. 168, 169, 170, 171, and 177 of 1977 under Section 33-C(2) of the Industrial Disputes Act, 1947. 2. The short facts giving rise to this Writ Petition are as under: The Petitioners are a co-operative sugar factory at Walwa in Sangli District. They employed about 600 employees during the off season and about 1000 employees during the crushing season. Respondent Nos. 1, 2 and 3 and two more persons (whose names are now deleted) were the employees of the petitioners and office-bearers of the representative union. Respondent Nos. 1, 2 and 3 shall hereinafter be referred to as 'the respondents'. They were attending hearings of the industrial and labour disputes on behalf of the union at Kolhapur, Pune and Bombay before various authorities and Courts and Tri...
Commissioner of Income-tax Vs. Surajba Patel Trust
Court: Mumbai
Decided on: Jun-09-1992
Reported in: 1992(3)BomCR642; [1995]216ITR857(Bom)
Mrs. Sujata Manohar, J. 1. The petitioner has prayed for an order directing the Income-tax Appellate Tribunal, Bombay, to state the case and to raise and refer to this court the following questions: '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that only an amount of Rs. 1,80,000 be considered as income of three beneficiaries to be shared equally and that the balance income be allocated to Jhaverbai Patel Charitable Trust No. II? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that this is a case of diversion of income at source and not of application of income? ' 2. This application is made to us upon the refusal of the Tribunal to state the case and refer these questions to us. The relevant facts are as follows : The respondent-trust was created under a deed of trust dated April 27, 1984(? ), by Sarojben Jhaverbhai Patel for the benefit of her three granddaughters, Nina...
Sadiq Sheikh C/O Shaukat Ali Glass Traders Vs. Chandrakant D. Volvoika ...
Court: Mumbai
Decided on: Jun-09-1992
Reported in: 1993ACJ291; 1993(1)BomCR654; (1992)94BOMLR668
E.S. Da Silva, J.1. This judgment will conveniently dispose of both the appeals filed against the Award of the Learned Member of the Motor Accident Claims Tribunal, Panaji, dated 30th September, 1987 in Claim Petition No. 99 of 1983. First Appeal No. 170 of 1987 was filed by respondent No. 5 in First Appeal No. 6 of 1988 one Sadiq Sheikh owner of M/s.Shaukat Ali Glass Traders, Panaji while First Appeal No. 6 of 1988 was filed by respondent No. 5 in First Appeal No. 170 of 1987 M/s. Vishnu V. Kamat Tarkar. The claim petition had been instituted by the applicant one Chandrakant D. Volvoikar against respondent No. 1 M/s. V.S. Dempo & Co. Pvt. Ltd., who was the owner of the vehicle involved in the accident, respondent No.2 one Vasant Kutty who was actually driving the vehicle which met with an accident, respondent No.3 which is the Insurance Company of the vehicle, respondent No. 4 M/s. Vishnu Kamat Tarkar which is a firm dealing with repairs of vehicles having a garage for that purpose an...
Sadiq Sheik Vs. Shri Chandrakant D.Volveikar and ors.
Court: Mumbai
Decided on: Jun-09-1992
Reported in: II(1992)ACC394
E.S. Dasilva, J. 1. This judgment will conveniently dispose of both the appeals filed against the award of the learned Member of the Motor Accident Claims Tribunal, Panaji, dated 30th September, 1987 in Claim petition No. 99/83. First Appeal No. 170/87 was filed by respondent No. 5 in First Appeal No. 6/88 one Sadiq Sheikh owner of M/s. Shaukat Ali Glass Traders, Panaji while First Appeal No. 6/88 was filed by respondent No. 5 in first Appeal No. 110/87 Vishnu v. Kamat Tarkar. The Claim petition had been instituted by the applicant one Chandrakant D. Volvoikar against respondent No. 1. M/s. V.S. Dempo & Co. Pvt. Ltd. who was the owner of the vehicle involved in the accident, respondent No. 2 one Vasant Kutty who was actually driving the vehicle which met with an accident, respondent No. 3 which is the Insurance Company of the vehicle, respondent No. 4 M/s. Vishnu Kamat Tarkar which is a firm dealing with repairs of vehicles having a garage for that purpose and to which the vehicle had ...
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