Mumbai Court October 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Balmer Lawrie Van Leer Ltd. Vs. B.S. Gholap and ors.
Court: Mumbai
Decided on: Oct-10-1994
Reported in: (1996)ILLJ312Bom
A.P. Shah, J. 1. This petition under Article 226 of the Constitution of India takes exception to the Award Part-I passed by the Presiding Officer, 7th Labour Court, Bombay in Reference (IDA) No. 967 of 1990 holding that the domestic inquiry was not fair and proper. 2. Briefly, the facts giving rise to this petition are as follows : The petitioner is a company registered under the Companies Act, 1956. The respondent No. 1 was working as a Quality Control Assistant in the Quality Control Department of the petitioner. The respondent No. 1 was chargesheeted by the petitioner under Clauses 24(k) and (1) of the Standing Orders applicable to him in respect of an incident which occurred on November 3, 1988. 3. The incident which allegedly took place on November 3, 1988 between 2:30 and 3:00 p.m. is that, on that day one D. M. Mule, an employee of the petitioner was working in the plating department as an operator. At about 2:40 p.m. he went to the dressing room for changing his work clothes. W...
Lahu Garbad Shinde Deceased by His Heirs Vs. HusnoddIn Shaikh Nazir an ...
Court: Mumbai
Decided on: Oct-10-1994
Reported in: 1995(2)BomCR605
S.D. Pandit, J.1. Shri Lahu Garbad Shinde-original plaintiff in Regular Suit No. 97 of 1977 on the file of the Civil Judge, Junior Division, Amalner has come in Second Appeal before this Court. The property in dispute between parties is an agricultural land bearing Survey No. 928/3-4A, admeasuring 1 acre 24 gunthas situated within the Municipal limits of Amalner. This property originally belonged to the appellant/plaintiff. In February 1965, he was in need of Rs. 3,500/- and therefore, he approached the respondent-original defendant who was doing money lending business. But he was not holding any money lending licence. Therefore, he suggested the plaintiff to execute a Sale Deed in his favour in respect of the suit premises by way of security for loan of Rs. 3,500/-. The said suggestion was accepted by the appellant-plaintiff. Accordingly on 5th February, 1965, two documents i.e. a document of sale at Exhibit 51 and an agreement for sale at Exhibit 48, took place between parties viz. p...
Mallu Tatya Suryavanshi Vs. Shripati Rama Gondhali and ors.
Court: Mumbai
Decided on: Oct-10-1994
Reported in: 1995(2)BomCR544
Ashok Agarwal, J.1. The property in dispute is an agricultural land bearing Gat Nos. 1550 and 1551, admeasuring 0.51 Ares, situate in Village Erandole, Taluka Miraj, District Sangli. Under a sale-deed dated May 12, 1980, the petitioner has purchased the same from respondent No. 2. The said land is a fragment within the definition of the term 'Fragment' under sub-section (4) of section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to for the sake of brevity as 'the Act'). The petitioner not being an owner of a contiguous survey number, the validity of the transaction under section 7(1) of the Act falls for our consideration in the present writ petition.2. A further question that has fallen for our consideration in the present writ petition is in respect of the vires of section 7 of the Act. The question has been raised by the earlier Division Bench, which seized of the matter (Coram : A.M. Bhattacharjee, C.J. & V.P. Tipnis, J.)...
The State of Maharashtra Vs. Fuel Injections Ltd. and ors.
Court: Mumbai
Decided on: Oct-10-1994
Reported in: 1995(2)BomCR675
S.C. Malte, J.1. This group of appeals is being disposed of by this common judgment because in all these appeals, there is a common question of law and fact.2. The Provident Fund Inspector, as the complainant, filed a number of cases against the respondents. The allegations were that respondent No. 1-M/s. Fuel Injections Ltd., the company and the firm run by its Chairman Shri V.B. Desai, Director Shri K.P. Gupta, another Director Shri Atul K. Bhagwati, Managing Director Shri Vijay D. Chari, Chief Accountant and Personal Manager-Shri T.S. Venkatraman, and Manager Shri B.N. Shrikant - respondents herein have committed an offence under the provisions of the Provident Fund Act by failing to contribute huge amount. It is not necessary to go into the details of these contributions of the provident fund.3. The accused were duly served and appeared. The accused, by filing an application, informed to the trial Court that only Managing Director, Shri Vijay D. Chari, was incharge of the company's...
Vicco Laboratories and anr. Vs. the Municipal Commissioner and anr.
Court: Mumbai
Decided on: Oct-10-1994
Reported in: (1995)97BOMLR330
Bhattacharjee, J.1. The only question that is involved in these appeals is as to whether the articles produced by the appellant company come within Entry 32(a) of Schedule H or Entry 24 of Schedule H-l of the Bombay Municipal Corporation Act. If they come within the former, octroi would obviously be payable but if they come within the latter, they may be exempted from payment of octroi.2. Section 192(1) of the Bombay Municipal Corporation Act provides that a tax, called 'octroi', shall be levied in respect of articles mentioned in Schedule H cm the entry of the said articles into Greater Bombay for consumption, use or sale therein, Section 192(6), inserted by the Maharashtra Act 12 of 1993, nevertheless provides that notwithstanding anything contained in Section 192, no Octroi shall be payable on the articles specified in Schedule H-l on the entry of the said articles into Greater Bombay for consumption, use or sale therein. The said two sub-sections, being Sub-section (1) and Sub-sect...
Commissioner of Income-tax Vs. Sudhir Jayantilal Mulji
Court: Mumbai
Decided on: Oct-08-1994
Reported in: (1995)127CTR(Bom)101; [1995]214ITR154(Bom); 1995(2)MhLj348
Dr. B.P. Saraf, J. 1. By this reference under section 256(1) of the Income-tax Act, 961, made at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the conditions of section 54 of the Act were fulfilled although the assessee used the flat only for sixty-two days in the two years immediately preceding the transfer ?' 2. This reference pertains to the assessment year 1973-74, the corresponding previous year being the financial year ending March 31, 1973. The assessee is an individual. He had held a one-half share in a flat at Usha Kiran Building, Bombay. The said flat was sold during the relevant previous year for a sum of Rs. 4,50,000. The assessee's share, being 50 per cent. of the total consideration, worked out to Rs. 2,25,000. His contribution to the total cost of acquisition was Rs. 1,38,396. His share...
Sulabha Govind Vidwans Vs. Shravan M. Shevale and ors.
Court: Mumbai
Decided on: Oct-07-1994
Reported in: 1995(2)BomCR561; 1995(1)MhLj157
D.R. Dhanuka, J.1. The subject matter of the controversy raised by this petition stands concluded by ration of decisions of the Supreme Court in the case of Dr. Chakradhar Paswan v. State of Bihar and others, : (1988)IILLJ66SC and in the case of Smt. Chetana Dilip Motghare v. Bhide Girls Education Society, Nagpur and others, : AIR1994SC1917 . Article 16(1) of the Constitution of India guarantees equality of opportunity for all citizens in all matters relating to employment or appointment to any office under the State, Article 16(2) of the Constitution provides that no citizen shall on grounds only of religion, race, caste, sex, descend, place of birth, residence or any of them be ineligible for or discriminated against in respect of any employment or office under the State. Article 16(4) of the Constitution provides that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which ...
Mahatab Shah Mohamad Khan @ Sheru Khan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-07-1994
Reported in: 1995(2)BomCR637; (1995)97BOMLR349
V.H. Bhairavia, J.1. This appeal is directed against the judgment and order of conviction passed by the learned Addl. Sessions Judge, Pune in Session Case No. 486 of 1992 dated 28-6-1993, convicting the appellant under sections 17 and 21 of the Narcotic Drug and Psychotropic Substances Act, 1985 and sentencing him to suffer R.I. for 10 years and to pay a fine of Rs. 1,00,000/- in default to suffer R.I. for three years.2. The prosecution case is that P.S.I. Vigilance Branch, Pune received information on 27-4-1992 at about 6.00 a.m. that one person was to come to Pune on motor-cycle carrying brown sugar. On receiving the said information, it reduced into writing and a raid was arranged. P.S.I. Shinde called panchas and he proceeded on the spot in a jeep alongwith panchas. They waited for the carrier of the brown sugar. At about 7.30 a.m. the appellant-accused was found on the spot and in a search, a bag containing contraband article i.e. brown sugar weighing 475 grams and an amount of Rs...
Nagesh Alias Satish Nagorao Pande Vs. the State of Maharashtra, Throug ...
Court: Mumbai
Decided on: Oct-07-1994
Reported in: 1995(3)BomCR376
B.N. Deshmukh, J.1. Rule, returnable forthwith.2. The land of the petitioner is acquired for Government Medical College at Nanded. Therefore, the petitioner wants a certificate as belonging to the category of 'Project Affected Person'. The claim of the petitioner for the certificate is denied by the Collector, Nanded on the ground that the land of the petitioner is acquired for the purpose of Government Medical College and the same is not acquired for the purpose of project. Hence, he is held not entitled to have a certificate of 'Project Affected Person'.3. Our attention is invited to the definitions of 'project' and, 'affected person' under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. The definition of 'project' is given in sub-section (10) of section 2 of the said Act, which reads as under :---''Project means,---(a) an irrigation project, this is to say, the construction, extension, improvement or development of any work for the supply of water for the purpose ...
Elizabeth Barreto Vs. Shri Milton Sequeira and ors.
Court: Mumbai
Decided on: Oct-07-1994
Reported in: 1995(4)BomCR106
E.S. Da Silva, J.1. The challenge in this petition is the judgment of the Administrative Tribunal, Goa, Daman & Diu (hereinafter called the Tribunal) dated 23rd May, 1990 in Eviction Appeal No. 28 of 1979 which has unsettled the judgment of the Rent Controller, Goa North Division, Panaji, dated 3-11-78 in Case No. RENT/64/74. By the said judgment the Rent Controller had dismissed an application for eviction filed by Milton Sequeira since deceased, who was the original applicant in the application for eviction, as a result whereof the judgment of the Tribunal had the effect of directing eviction of the petitioner from the suit premises.2. The admitted position is that the suit premises which was consisting of a residential house situated at Mapusa was leased to the petitioner by one Tamaturgo de Souza by a written lease somewhere in the year 1961. At the time of the execution of the lease Tamaturgo claimed to be the owner of the ground floor of the building, part of which was leased out...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- Next ›
- Last »