Mumbai Court October 1994 Judgments
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Jyotindra Manharlal Vakil and Another Vs. Registrar of Companies, Maha ...
Court: Mumbai
Decided on: Oct-11-1994
Reported in: AIR1995Bom122; 1995(3)BomCR493; (1995)97BOMLR291; [2001]103CompCas935(Bom)
1. This is a petition under Section 633(2) of the Companies Act for relieving each of the petitioners from criminal liability. 2. The petitioners are Directors and officers of the Premier Automobiles Limited. Petitioner No. 1 was the President and the Managing Director of the Company and Petitioner No. 2 was the Company Secretary of the Company. The Registrar of the Companies Maharashtra had issued show cause notices dated 27th August, 1992 under the provisions of Section 113 of the Act calling upon the company to show cause as to why prosecution under Section 113(2) should not be initiated against them for the default committed by them under Section 113(1) of the Act. The alleged default was failure to deliver share certificates lodged for transfer within the prescribed period of two months from the date of lodgement. 3. It must be stated that there is no dispute that the default has been committed. What is prayed in the petition is that the petitioners have acted honestly and without...
Mazda International (P) Ltd Vs. Union of India
Court: Mumbai
Decided on: Oct-11-1994
Reported in: 1995LC205(Bombay); 1995(77)ELT526(Bom)
M.L. Pendse, J.1. The Government of India in exercise of powers conferred by Section 75 of the Customs Act, 1962 and Section 37 of the Central Excises & Salt Act, 1944 published the Customs and Central Excise Duties Drawback Rules, 1971. On October 15, 1971 a public notice under Rule 3(1) was published by the Government of India setting out the rates at which drawback would be allowed on the export of the goods specified in the notice. In regard to the export of drugs, drug intermediates and pharmaceutical products the rate of drawback permissible was 12.5% of f.o.b. value. 2. The petitioners exported Gripe Water which is a drug or pharmaceutical product of the total f.o.b. value of Rs. 13,97,000 approximately. The total amount of the drawback to which the Petitioners were entitled was Rs. 1,78,932.06 and the Petitioners were paid that amount on December 9, 1983 and January 13, 1984. The Government of India by public notice dated February 11, 1984 issued in exercise of powers under Rul...
R.K. Banswal Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Oct-11-1994
Reported in: 1995(3)BomCR353; 1995(1)MhLj297
A.A. Halbe, J. 1. The petitioner - District and Sessions Judge, Osmanabad - has preferred the writ petition for issue of writ of certiorari for quashing the order issued by Respondent No. 2 - The Chief Justice of the High Court of Bombay - dated 30th March, 1994 denying the benefit of increase of retirement age to 60 years in terms of the Review Petition No. 249 of 1992 in Writ Petition No. 1022 of 1989 in the case of a All India Judge's Association v. Union of India & Ors. reported in 1993 2 CLR 770. 2. The main grievances which has been made in this writ petition is that this order of denial of benefit of extended age of superannuation should have been issued by the appointing authority namely the Governor of the State of Maharashtra in this case and further that the said order, according to petitioner, is grossly erroneous, illegal and has been passed by way of compulsorily retirement of the petitioner and is thus mala fide and in not keeping with the above decision rendered by the ...
Laxminarayan Deo Vs. Narayan Fula MaraThe and anr.
Court: Mumbai
Decided on: Oct-11-1994
Reported in: 1995(1)BomCR539; (1995)97BOMLR197
S.D. Pandit, J.1. Original plaintiff in Regular Civil Suit No. 327 of 1980 on the file of the learned Civil Judge, Junior Division, Dhule, has presented the present second appeal.2. The appellant-plaintiff brought the said Regular Civil Suit No. 327 of 1980 to get the possession of the suit property and arrears of rent from the respondents-defendants. The suit property is an agricultural land situated within the Municipal limits of Dhule. The said land was leased out by the appellant-plaintiff in favour of the respondents-defendants by registered lease deed dated 31st August, 1971 for a period of ten years. The appellant-plaintiff terminated the tenancy of the respondents-defendants by issuing notice on 23rd July, 1979. The claim of the appellant-plaintiff was denied by reply dated 27th July, 1979 and, therefore, the plaintiff filed the suit in the Court of the Civil Judge, Junior Division, Dhule, to get a decree of possession, arrears of rent and future mesne profits.2. The respondent...
Nirmal Quality Products Vs. Contey Industries and anr.
Court: Mumbai
Decided on: Oct-11-1994
Reported in: 1995(2)BomCR540
N.P. Chapalgaonker, J.1. This second appeal challenges the decree passed by the learned Additional District Judge, Jalgaon, in Civil Appeal No. 226 of 1990 on the ground of want of jurisdiction. Appellant in this Court is the plaintiff in Special Civil Suit No. 117 of 1989 by which he had made a claim of Rs. 55,596.01 paise from the defendant. It was contended by the plaintiff that defendant purchased some chemical products from the plaintiff during the year 1983 and paid only part of the price. The balance of the price i.e. Rs. 28,369.38 paise along with the interest of Rs. 17,101.63 paise and the notice expenses of Rs. 125/- were demanded by the plaintiff from the defendant. The learned trial Judge was pleased to pass a decree for Rs. 41,266.38 paise against the defendants. He was also pleased to direct the defendants to pay future interest at the rate of Rs. 6 per cent per annum on a sum of Rs. 28,369/- (Principal sum out of the total decreetal amount). This decree dated 7th July, 1...
Laxminarayan Deo-vasti Vadfal Temple Vs. Narayan Fula MaraThe and anr.
Court: Mumbai
Decided on: Oct-11-1994
Reported in: 1995(2)BomCR610
S.D. Pandit, J.1. Original plaintiff in Regular Civil Suit No. 327 of 1980 on the file of the learned Civil Judge, Junior Division, Dhule, has presented the present Second Appeal.2. The appellant-plaintiff brought the said Regular Civil Suit No. 327 of 1980 to get the possession of the suit property and arrears of rent from the respondents-defendants. The suit property is an agricultural land situated within the Municipal limits of Dhule. The said land was leased out by the appellant-plaintiff in favour of the respondents-defendants by registered lease deed dated 31st August, 1971 for a period of ten years. The appellant-plaintiff terminated the tenancy of the respondents-defendants by issuing notice on 23rd July, 1979. The claim for the appellant-plaintiff was denied by reply dated 27th July, 1979 and, therefore, the plaintiff filed the suit in the Court of the Civil Judge, Junior Division, Dhule, to get a decree of possession, arrears of rent and future mesne profits.3. The responden...
Shantabai Sonu BaraThe Vs. Gautam Vishnu Shellar
Court: Mumbai
Decided on: Oct-11-1994
Reported in: II(1995)DMC613
A.M. Bhattacharjee, C.J.1. The petition filed by the respondent-father for the custody of his child, which has given rise to this appeal before us, has been labelled as one under Section 6 of the Hindu Minority and Guardianship Act. Section 6, however, only provides that in the case of a legitimate child, the father, and after him the mother, is the natural guardian, but that the custody of the minor child who has not completed the age of five years, shall ordinarily be with the mother. This section therefore, by itself, does not contemplate of any application by the father for the custody of a child against the mother or any other relation of the child. Such a petition by the father for the custody of the child in the Karnataka decision in A.V. Venkatakrishnaiah v. S.A. Sathyakumar AIR 1978 Karnataka 22, was labelled as one under Section 10 of the Guardian and Wards Act, 1890, and was disposed of accordingly. We, however, do not see how Section 10 of that Act also can have any applica...
Banswara Syntex Ltd. Vs. Union of India
Court: Mumbai
Decided on: Oct-10-1994
Reported in: 1994LC217(Bombay); 1995LC206(Bombay); 1994(74)ELT522(Bom)
Pendse, J.1. The petitioners imported 50 Metric Tons of Egyptian Polyester Staple Fibre at US $ 1.20 per kg. from Egypt. On June 5, 1982, the petitioners filed bill of entry for warehousing. On October 7, 1982 the Customs authorities endorsed on bill of entry that 'Ex-bonding is not allowed'. The customs authorities referred the matter to SIIB for price verification. By Finance Act, 1983, the Government of India prescribed that in respect of warehousing of goods, the facility will be provided on payment of interest. The petitioners were representing the Customs authorities that the price of US $ 1.20 per kg. was genuine and proper. 2. The petitioners addressed letter dated October 29, 1984 to the Assistant Collector of Customs, inter alia, stating that the petitioners had sold the material to the sister concern M/s. Banswara Fabrics Limited and who will be clearing the same under Duty Exemption Entitlement Certificate. The petitioners requested that the goods should be permitted to be ...
Roopchand Meghraj and Co. Vs. Union of India
Court: Mumbai
Decided on: Oct-10-1994
Reported in: 1994LC438(Bombay); 1994(74)ELT519(Bom)
Pendse, J. 1. The petitioner imported a consignment of 'Copper Scrap Berry' weighing 20.216 Metric Tons and filed Bill of Entry on March 8, 1985 for home clearance. The goods on examination were found to be as declared except for 3.032 Metric Tons which were reported to be serviceable copper wire. The petitioners agreed to mutilate the said serviceable wire before taking delivery. However, the Deputy Collector of Customs confiscated the goods and imposed redemption fine of Rs. 75,000/- by order dated July 22, 1985. The petitioners preferred appeal before Collector of Customs and by order dated September 19, 1985, the order passed by the Deputy Collector of Customs was set aside. The appellate authority came to the conclusion that examining officer had not analysed about the gauge of the imported wire and since the imported wire was conforming to the Standard for Berry Copper wire scrap as described in Nari Circular specification, the order passed by the Deputy Collector of Customs was ...
insurance Employees' Association Vs. Life Insurance Corporation of Ind ...
Court: Mumbai
Decided on: Oct-10-1994
Reported in: (1995)97BOMLR128; [1995(70)FLR851]; (1998)IIILLJ209Bom; 1995(1)MhLj266
Bhattacharjee, C. J.1. This may now be taken to be the settled law, and we take it as such, that where the order of termination of service of a workman has been set aside, reinstatement should ordinarily follow as a matter of course. And where such reinstatement has been directed, the entire back wages payable to the workman should also ordinarily follow. There are number of authorities on the point emanating from our apex Court and reference, if necessary, may be made, among others, to the decisions of the Supreme Court in Hindustan Tin Works Pvt. Ltd. : (1978)IILLJ474SC and Gujarat Steel Tubes Ltd. AIR 1980 SC 1898. The Division Bench of this Court in Changunabai Chanoo Palkar 1992 ML J 1641 has also ascertained the law to that effect and has pointed out that the normal rule on being reinstated is full back wages, since the order or termination is non-est. Reliance was placed by the Division Bench on the two decisions of the Supreme Court, being G. T. Lad (supra) and Panitols Tea Est...
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