Mumbai Court February 1993 Judgments
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Tata Electric Companies Officers Guild Vs. Registrar of Trade Unions
Court: Mumbai
Decided on: Feb-05-1993
Reported in: 1993(3)BomCR304; [1994(68)FLR656]; (1994)ILLJ125Bom
V.A. Mehta J. 1. Rule, returnable forthwith, Heard. 2. The petitioner is a trade union duly registered under the Trade Unions Act, 1926. The respondent, the Registrar of Trade Unions, issued a notice dated May 14, 1982 under Section 10(b) of the Act calling upon the petitioner of the petitioner-Union should not be cancelled as the petitioner had failed to submit annual returns as per law. The petitioner gave a reply stating that due to misunderstanding about the accounting year, the annual returns for the period ending March 31, 1991 along with the certificate of auditor. This explanation was followed by communication dated June 26, 1992 along with annual returns ending December 31, 1991. After long gap of six months, the Registrar passed the impugned order of cancellation of registration on the sole ground that the explanation given by the Trade Union was not satisfactory. Aggrieved thereby, this petition has been filed. 3. Now Section 10 provides for the ground on which registration ...
Smt. Champabai Manilal Shah and anr. Vs. Anandrao Ramchandra Patil and ...
Court: Mumbai
Decided on: Feb-05-1993
Reported in: 1993(3)BomCR305
Bhimrao N. Naik, J.1. This writ petition filed under Article 227 of the Constitution of India challenges the judgment and decree passed for possession on the ground of non-payment of rent in Regular Civil Suit No. 138 of 1977 by the learned Civil Judge, Jr. Division, Islampur on 31st December, 1979 which is confirmed in Civil Appeal No. 43 of 1980 by the Extra Assistant Judge, Sangli on 5-2-1982.2. Few facts which are relevant for the purpose of this petition are, Upadhye's were the owners of the property in dispute which was mortgaged to the present respondent-landlord and on 24-6-1974 the respondent-landlord purchased the property. After purchasing the property on 24-6-1974, on 8-11-1974 both Upadhye and the present respondent-landlord sent notice which was in the nature of attornment to the petitioners informing them that arrears are due from 1st May, 1971 at the rate of Rs. 30/- per month and the respondent has right to recover the same. This notice was sent as referred to above by...
Smt. Laxmi Wd/O Vithoba Shinde and ors. Vs. Kamalesh Chandrasenrao Pan ...
Court: Mumbai
Decided on: Feb-05-1993
Reported in: (1993)95BOMLR783
Bhimrao N. Naik, J.1. This petition is filed by a vegetable vendor is in occupation of a wooden stall of her husband, Vithoba Shinde, who was admittedly the tenant of this stall.2. The few facts which are relevant for the purpose of this petition are, the respondents filed R.A.E. Suit No. 6120 of 1969 in the Court of Small Causes at Bombay for possession of the suit premises on the ground of nonpayment of rent. Before filing the suit, on 2.1.1969 a notice of demand was issued calling upon the tenant to send the rent and the arrears which were due and payable from 1-6-1964 to 31-12-1968, amounting to Rs. 1228.10 Ps. This notice was sent by registered post which was returned with remark as unclaimed, and secondly it was also sent under certificate of posting. The rent demanded was at the rate of Rs. 22.46. ps. per month. It appears that prior to filing of the suit Advocate Shahane set notice on 7th October, 1965 and demanded monthly rent at the rate of Rs. 7.64 Ps.3. This suit was contes...
Smt. Zaitoonbi Vs. Shaikh Farid
Court: Mumbai
Decided on: Feb-05-1993
Reported in: (1993)95BOMLR249
S.W. Puranik, J.1. Appellant is the original Applicant in a Family Court case for grant of maintenance under Section 125 of the Code of Criminal Procedure. Originally, she had preferred the application under Section 125 before the Metropolitan Magistrate, Andheri where part of the evidence was recorded. However after the establishment of the Family Court, the matter was transferred and registered before the Family Court No. 2 at Bandra. It was registered as Petition No. E/1272/89.2. It was the case of the appellant-applicant that she was the legally wedded wife of the respondent Shaikh Farid, their marriage having been performed in the year 1962 according to Mohammedan rites. Accordingly, they cohabited together for a period of two years. But in the year 1964 the respondent married another woman and deserted the applicant. It is also her case that initially she was married to one Musa Usman who expired in the year 1952 and it is after a gap of 10 years thereafter that she married the r...
Balu Alias Pradip Moreshwar Hajare Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-04-1993
Reported in: (1993)95BOMLR0113; 1993CriLJ3621; 1993(2)MhLj1030
Saldanha, J. 1. The appellant, a youngster aged at the relevant time 18 years and a resident of Malwadi, Vadgaon-Sheri, stood charged with the offence of having committed the murder of a colleague of his, Vijay Laxman Bansode, at about 10 p.m. on 30-3-1990. It is alleged that about eight months prior to the incident, Vijay had teased the sister of the Accused as a result of which her father lodged a Police complaint and the deceased Vijay was arrested. That incident created some bad blood between the brother of the girl, Accused Balu, and the deceased Vijay. At about 8 p.m. on that night, Vijay and his friends are alleged to have abused and assaulted the Accused as a result of which he lodged a police complaint against Vijay. The Police along with the Accused came to Vijay's house and left word that he should call at the Police chowky. The complaint of the Accused was taken down and he was allowed to go. Vaijanta Bansode (P.W. 3), mother of the deceased Vijay, states that she told her ...
Manikrao Abaji Thonge Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-04-1993
Reported in: 1994(4)BomCR164; 1993CriLJ3796
1. By the present appeal, the appellant-original accused, seeks to impugn an order of conviction and sentence imposed upon him by the Learned Special Judge, Solapur, on 29-4-1986 in Special case No. 4 of 1985. By the order, the accused has been convicted under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. For the offence under section 161, I.P.C., he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for 3 months and for the offence under section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, he has been sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 750/- in default to suffer further rigorous imprisonment for 2 months. The substantive sentences have been directed to run concurrently. 2. The accused was charged in the aforesaid trial for having on the 15-2-1985, 21-2-1985, 1-3-1...
Khandelwal Industries Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-04-1993
Reported in: [1993]203ITR925(Bom)
U.T. Shah J.1. In this reference, the only issue involved pertains to the assessee's claim for setting off of loss incurred in managing agency business against profit made in dealing in iron and steel pipes.2. The assessee is a company. The assessment years are 1972-73 and 1973-74 and the previous years are the corresponding financial years ending on March 31, 1972, and March 31, 1973, respectively.3. Previously, the assessee was acting as managing agents of two companies, viz., Messrs. Khandelwal Udyog Ltd. and Messrs. Khandelwal Ferro Alloy Ltd. The assessee incurred losses in this business. During the previous year relevant to the assessment year 1972-73, the assessee stopped the managing agency business and started trading in iron and steel pipes.4. Before the income-tax authorities as well as before the Tribunal, the assessee claimed that the loss suffered by it in the managing agency business should be carried forward and set off against the profits earned in dealing in iron and ...
Nirmal Tejnath Dhar Vs. Matru Sewa Sangh Mahal
Court: Mumbai
Decided on: Feb-04-1993
Reported in: 1993(3)BomCR469; (1993)IILLJ1094Bom
H.D. Patel, J.1. By this Letters Patent Appeal the judgment of this Court delivered on September 8, 1992 by the learned Single Judge in Writ Petition No. 37 of 1986 is impugned. 2. The facts as revealed from the record are few and simple. The respondent 'Matru Sewa Sangh' appointed the appellant as Public Health Nurse against the vacant post on probation for a period of nine months vide order dated May 30, 1979. Even before the probation period expired, the appellant was appointed as Nursing Officer (Principal) in the pay scale of Rs. 600-30-750-40-950 on probation for a period of one year vide another order dated September 1, 1979. The said order clearly stipulated that the appointment will be for the duration of Multipurpose Health Workers Training Centre in the Institution. The appellant was confirmed in the post of Nursing Officer by an order dated September 27, 1980. The scale of pay as disclosed in the order was Rs. 500-30-650-45-1000. The Training Centre was organised under the ...
Ebrahim Currim and Sons Vs. Regional P.F. Commissioner and anr.
Court: Mumbai
Decided on: Feb-04-1993
Reported in: 1993(3)BomCR246; (1994)ILLJ369Bom
ORDERD.R. Dhanuka, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the validity of Order dated January 25, 1988, passed by respondent No. 1 holding that Messrs. Ebrahim Currim & Sons, the petitioner herein, are bound to comply with the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 with effect from May 1, 1962 in respect of employees working in the factory known as 'M/s. National Umbrella Factory'.2. The principal questions which arise for consideration of the Court in this petition are as under: -(a) Whether National Umbrella Factory is aseparate and distinct establishment or ismerely a branch or department of M/s.Ebrahim Currim & Sons? (b) Whether there is a functional integrality between the two units so as to constitute the two units as a single composite establishment? (c) Whether the respondent No. 1 has applied the relevant tests for purposes of deciding the above referred questions incl...
Commissioner of Income-tax Vs. Plasmac Machine Mfg. Co. Ltd.
Court: Mumbai
Decided on: Feb-04-1993
Reported in: [1993]201ITR650(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256 (1) of the Income-tax Act, 1961, made at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law for opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the sum of Rs. 2,35,000 being the tax liabilities of the transferor-firm discharged by the assessee, was deductible in computing the assessee's business income ?' 2. The reference relates to the assessment year 1974-75, the relevant previous year being the year ended on June 30, 1973. 3. The assessee is a private limited company which was incorporated under the Companies Act on February 7, 1973. With effect from April 1, 1973, the assessee took over the firm of M/s. Plasmac Machine Manufacturing Co. along with its assets and liabilities under an agreement dated April 30, 1973. In its assessment under the Income-tax Act, 1961, for the assessment year 1974-75, the asse...
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