Mumbai Court February 1994 Judgments
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Manjulabai B. Salvi Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-09-1994
Reported in: [1994(68)FLR1243]
Dr. B.P. Saraf, J.1. The petitioner is the wife of one Shri Babu Laxman Salvi who was working as a 'hamal' with the Bombay Municipal Corporation ('the Corporation') at the B. Y. L. Nair Hospital, Bombay Central. He served the Corporation for 32 years. However, on 6 April 1982 he disappeared and he is not traceable since then. It is stated that on that day though he went on duty as usual, he did not return back to his home and since then despite all efforts his whereabouts could not be traced. 2. A notice was addressed by the Corporation to the husband of the petitioner to resume duty. On his failure to do so, a preliminary enquiry was conducted in his absence and it was found that failure to resume duty amounted to misconduct. A formal enquiry was, therefore, initiated against him. No charge-sheet, could be served on him as he was not traceable. The enquiry was conducted and completed in his absence. He was found guilty of remaining absent without leave. The Enquiry Officer in his repo...
Narsinha Anant Joshi Vs. Century Shipping and ors.
Court: Mumbai
Decided on: Feb-09-1994
Reported in: 1994(3)BomCR478; (1994)3BOMLR478; [1994(68)FLR1248]; (1994)ILLJ14Bom; 1994(2)MhLj1606
Dr. B.P. Saraf, J. 1. Both these writ petitions are directed against the award of the Third Labour Court at Bombay dated 29 February, 1988 on a reference under Section 10(1) of the Industrial Disputes Act, 1947. By the said award it was held that the petitioner in writ petition No. 3047 of 1988, Narsinha Anant Joshi, whose services had been terminated by the employer was not a workman and hence the reference was not maintainable. Despite that, the Labour Court also considered the merits of the case and spelt out the relief that it would have granted, had the employee concerned been a workman within the meaning of Section 2(s) of the Act. The employee has challenged the finding of the Labour Court that he is not a workman by filing writ petition No. 3047 of 1988. The employer, Century Shipping, has filed writ petition No. 2500 of 1993 challenging the latter part of the order which relates to the observations of the Labour Court on the merits of the case. Both these writ petitions are th...
Manjulabai B. Salvi Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-09-1994
Reported in: 1994(2)BomCR427
B.P. Saraf, J.1. The petitioner is the wife of one Shri Babu Laxman Salvi who was working as a 'hamal' with the Bombay Municipal Corporation ('the Corporation') at the B.Y.L. Nair Hospital, Bombay Central. He served the Corporation for 32 years. However, on 6 April, 1982 he disappeared and he is not traceable since then. It is stated that on that day though he went on duty as usual, he did not return back to his home and since then despite all efforts his where abouts could not be traced.2. A notice was addressed by the Corporation to the husband of the petitioner to resume duty. On his failure to do so, a preliminary enquiry was conducted in his absence and it was found that failure to resume duty amounted to misconduct. A formal enquiry was, therefore, initiated against him. No charge-sheet, could be served on him as he was not traceable. The enquiry was conducted and completed in his absence. He was found guilty of remaining absent without leave. The Enquiry Officer in his report ob...
West Coast Builders Pvt. Ltd. and anr. Vs. the Collector of Bombay and ...
Court: Mumbai
Decided on: Feb-08-1994
Reported in: 1995(4)BomCR200
M.L. Pendse, J. 1. Appeal admitted. Government Pleader on behalf of respondents Nos. 1 and 2, Shri Singhvi on behalf of respondents Nos. 3 and 4, and Mrs. Mody on behalf of respondents Nos. 5 and 6 waive service. By consent, appeal taken on board and called out for hearing.The unfurling of facts of this appeal indicates to what extent powerful builder can manipulate to throw to the winds all rules and regulations in respect of development of properties in city of Bombay. The facts which are to be set out hereinafter make extremely sad reading and reflect how the appellants misused the officers of both the collector's office and Municipal Corporation Office to achieve their nefarious objects.2. Appellant No. 2 is Director and shareholder of appellant No. 1 a private limited company carrying on business of real estate, development and of construction of multi-storeyed buildings in city of Bombay. On June 12, 1978, appellant No. 2 entered into agreement with Bomi Dubash who was owner of p...
Dr. Sam Sarosh Bhacca and ors. Vs. P.V. Kakade, Jt. Charity Commission ...
Court: Mumbai
Decided on: Feb-08-1994
Reported in: (1994)96BOMLR714
S.M. Jhunjhunuwala, J.1. By this petition, the petitioners are challenging the order passed by the 1st respondent oh 6th November, 1989 on an application filed by the petitioner under Section 36(2) of the Bombay Public Trusts Act, 1950 (for short 'the said Act') for revocation of the 1st Respondent's order according sanction to sell an immovable property admeasuring Order 47 Acres (20473.20 sq. ft.) bearing C.T.S. No. 1-B and situate at Moledina Road, Pune. within the limits of Pune Cantonment (for short, 'the Trust Property').2. The petitioners are trustees of Surat Parsi Panchayet, a Public Trust registered at Surat in the State of Gujarat. The petitioners claim to be beneficiaries under the Deed of Trust in respect of Seth Pallanjee Patel Educational Charity Trust, (for short, 'the said Trust') a Public Trust registered under the said Act. The said Trust owned the Trust property. Pursuant to the sanction accorded by the 1st Respondent as per the order passed on 25th March, 1988 unde...
Union Bank of India Vs. MittersaIn Rupchand and ors.
Court: Mumbai
Decided on: Feb-08-1994
Reported in: 1995(1)BomCR29; (1994)96BOMLR557
N.D. Vyas, J.1. By the present Chamber Summons, which is taken out by the defendants, the defendants have prayed that the Notice of Attachment dated 27th September, 1989 in Execution Application No. 229 of 1989 issued in the above suit and attachment levied pursuant thereto be set aside and/or raised; that the ex parte order dated 9th March, 1990 passed by this Court in Notice No. 119 of 1990 in the above Summary Suit be set aside and the Garnishee Notice No. 119 of 1990 be restored to file for hearing on merits.2. Briefly stated, the facts giving rise to the present Chamber Summons are as follows :The present Suit was filed by the plaintiffs on 7th June, 1988 for recovery of a sum of Rs. 5,43,810/- due and payable by the defendants. Prior to the filing of the suit in a suit filed by National Textile Mill against the defendants in Coimbatore Court, a decree was passed against the defendants herein on 12th March, 1986. On 20th May, 1988 attachment was levied in the said decree passed in...
Dura Chemical Corpn. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-07-1994
Reported in: (1994)(52)LC385Tri(Mum.)bai
1. Both the appeals are directed against the same Order-in-Original No.S/10-81/85B dated 13.6.1985 of Additional Collector of Customs, Bombay.Appeal No. 113/86 is from the importer challenging the order of confiscation of two consignments of Cekanoic Acid imported by them and allowing redemption on payment of fine of Rs. 1.60 lacs, in respect of the two consignments. Appeal No. 501/86 is from the Collector of Customs, Bombay, under the direction from the Board for considering imposition of suitable penalty on the importer which the Additional Collector has failed to impose.2. Facts of the case are that M/s. Dura Chemicals are actual user engaged in the manufacture of paints and varnishes and they imported the aforesaid two consignments of Cekanoic Acid C-8 totally valued at Rs. 1,67,381/- each (total Rs. 3,34,782/-) cif and claimed their clearance under OGL Appx 6 (1) of AM 1985 Policy. However, an objection was raised by the department that it is a fatty acid figuring against Appx 5B...
Collector of Central Excise Vs. Rawji Ind. Corpn.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-07-1994
Reported in: (1994)(53)LC245Tri(Mum.)bai
1. This is an appeal from the Revenue against the order in appeal No.M-1268/B1-359/85 dt. 1.8.1985, allowing the appeal of the respondents on the ground that the show cause notice for recovery of erroneous refund was issued beyond a period of six months.2. The facts of the case for purposes of disposal of this appeal are as below: There was a dispute with regard to classification of fibre glass reinforced corrugated roofing and its eligibility for exemption under Notification 68/71-C.... Ex. The Assistant Collector passed an order dated 30.10.1994 classifying it under Tariff Item 15A(2) but rejecting the respondent's claim for exemption under Notification No. 68/71. When the matter was taken up before Collector (Appeals), he, in his order dated 11.6.1975, allowed the appeal of the respondents. Consequently a sum of Rs. 68,966/- paid as duty by the Respondents was sanctioned refund and a cheque was issued on 7.8.1975. However the order of the Collector (Appeals) was reviewed by the Gov...
J.P.S. Khara Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-07-1994
Reported in: (1994)(74)ELT861Tri(Mum.)bai
1. This is an appeal directed against the order-in-original No.S/14-4-1188/84 Pint, dated 15-2-1985, imposing personal penalty of Rs. 5,000/- on the appellant.2. The appellant is the master of the vessel mv.'Arunachal Pradesh' belonging to the Shipping Corporation of India. On rummaging of the vessel on two different dates, the officers of Customs, seized certain VCRs, TV, Camera etc. totally valued at Rs. 49,376/- c.i.f. from the different places of the vessel. These goods were not claimed by any of the crew members. Hence, they were ordered absolute confiscation. A penalty of Rs. 5,000/- was also imposed on the appellant on the ground that, he, being the master of the vessel, having total control over the vessel and knowing well that the contraband goods could be smuggled in the vessel, was ignorant about the concealment and placement of these contraband goods in the areas, which are generally used by crew members. Hence, the master was either careless or in the know of the fact tha...
State of Maharashtra and Another Vs. Abdul Sattar and Others
Court: Mumbai
Decided on: Feb-07-1994
Reported in: AIR1995Bom85; 1994(3)BomCR5
ORDERMane, J. 1. This appeal arises out of the judgment and award passed by the Court in Land Acquisition Reference under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act'). The respondents own seven pieces of land bearing Survey Nos. 8/1, 88/2, 11/1, 11/2-1, 11/2-3and 11/2-4, situated at Himayat bag within the Municipal Corporation, Aurangabad, These lands were acquired for Fruit Research Station at Himayat bagh at the instance of Marathwada Agricultural University. The notification under Section 4 of the Act was published in Maharashtra Government Gazette on 5-2-1973 and the notification under Section 6 of the Act was issued on 11-3-1976. The Special Land Acquisition Officer, Aurangabad passed award by determining the value of the acquired land on the basis of their qualities. The area of the acquired land falling under perennial Bagayat was valued at the rate of Rs. 18,750/- per acre and the non-perennial portion of the land was valued at the rate of Rs. 15,625/- pe...
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