Mumbai Court February 1994 Judgments
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P.V. Pujari and ors. Vs. Municipal Corporation of Greater Bombay and o ...
Court: Mumbai
Decided on: Feb-07-1994
Reported in: 1994(2)BomCR449; [1994(68)FLR1124]
B.P. Saraf, J. 1. All these five writ petitions arise out of common order dated 8 February 1990 of the Industrial Court, Bombay on appeal under Section 84 of the Bombay Industrial Relations Act, 1946 ('the Act'). 2. The first writ petition No. 1898 of 1990 has been filed jointly by the workmen. They were employees of the Municipal Corporation of Greater Bombay ('the Corporation'). Their services were terminated for alleged misconduct under Standing Order 20(i) and 20(r). The workmen filed applications under Sections 78 and 79 of the Bombay Industrial Relations Act, 1946 before the Labour Court. The Labour Court declared the order of dismissal to be illegal and directed reinstatement with full back wages and continuity of service for the purpose of gratuity and pension. The Corporation appealed to the Industrial Court under Section 84 of the Act. The Industrial Court found the workmen guilty of misconduct under Standing Order 20(r) as also 20(i). It, however, observed that the punishmen...
Mrs. Sulochana Jaganath Waghmare Vs. Administrator, Maharashtra Housin ...
Court: Mumbai
Decided on: Feb-07-1994
Reported in: 1994(4)BomCR229; (1995)IILLJ889Bom
B.P. Saraf, J.1. The writ petitioner is aggrieved by the order dated 29 March, 1988 of the Chief Officer, Bombay Housing and Area Development Authority (Respondent No. 2 herein) issued in pursuance of Clause (3) of the MHADA Employees' Compulsory Retirement Scheme, 1978, informing the petitioner that she shall stand retire from the service of the authority on 30 June 1988 and the order dated 28 June 1988 of the Respondent No. 1 Administrator, Maharashtra Housing and Area Development Authority rejecting the appeal of the petitioner against the proposed compulsory retirement. 2. The petitioner entered the service of the respondents on 11 August 1958 as a Junior Clerk. She was promoted as Senior Clerk on 5 February 1963. She was again promoted as Senior Accounts Clerk from April 1976. On 17 June 1986 she was promoted as Senior Assistant and thereafter vide order dated 5 August 1986 she was promoted to the post of Superintendent, a Class-II post. By order dated 29 May 1987 she was reverted...
S. Rashmi Pradipkumar JaIn Vs. Pradeepkumar S/O. Nemichand Jain
Court: Mumbai
Decided on: Feb-07-1994
Reported in: 1996(1)BomCR502; II(1994)DMC25
B.U. Wahane, J.1. This is unfortunate proceeding pending before me. Before I proceed to decide the matter on merit I would like to dwell for a short while in the Indian culture. Marriage is a social duty towards the family and the community. Marriage is the very foundation of the civil society. It is the duty not only of the couple, but every one in the country to contribute to social metabolism. The marriage, according to the community to which the parties belong, is sacramental and is believed to have been ordained in heaven. The parties to the marriage, therefore, cannot dissolve it at will. They are bound to each other until the death of either of them; and the wife is supposed to be bound to her husband even after his death. This concept of marriage, i.e. it is not dissoluble, is a lofty one because it means that the husband and wife after marriage have to adjust their tastes and temper, their ideals and interests, instead of breaking with each other when they find that these diff...
Shankar Tukaram Mahendrakar Vs. Waman Keshay Shetye and anr.
Court: Mumbai
Decided on: Feb-07-1994
Reported in: (1994)96BOMLR336
D.R. Dhanuka, J.1. Heard learned Counsel for the appellant. The appeal is summarily dismissed.2. The appellant in this first appeal is the defendant in Bombay City Civil Court Suit No. 2157 of 1981. By an agreement of conducting, dated 20th July, 1970, the plaintiff permitted the defendant to conduct the business of running a printing press initially for a period of three years. The plaintiff handed over various machineries and articles alongwith the premises to the defendant at the time of entering into of the said agreement. The licence pertaining to the said business stand in the name of the plaintiff. The plaintiff used to conduct the said business in the name of Messrs. Vijay Kumar & Printers. The defendant conducted the said business in some other name. The licence conducting was renewed for a period of two years and thereafter for a further period of one year.3. By a letter, dated 8th August, 1972, addressed by the defendant, the defendant confirmed that the defendant was conduc...
Sheelaben R. Kothari Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-04-1994
Reported in: (1994)(74)ELT333Tri(Mum.)bai
1. These appeals are directed against the order-in-original No.120/Addl. Collr/1986 (F. No. VIII / 10-129/DC/86) dated 23-12-1986 so far as it relates to ordering absolute confiscation of 1 gold lagadi of foreign origin weighing 10 gms. six gold pieces weighing 58.200 gms and 13 guineas weighing 97.400 gms under the provisions of Section 111(d) of the Customs Act and imposing personal penalty of Rs. 10,000/- on the appellant Shri Ketan R. Shah and Rs. 5,000/- on Smt. Sheelaben R.Kothari under the provisions of Section 112(b)(i) of the Customs Act.2. The order appealed against also refers to the provisions of the Gold Control Act for which appeal is reported to have been filed before the Collector (Appeals) and it is reported to have been disposed of by him.The order passed on the said provision is not the subject matter here and hence is not discussed.3. On 10-5-1986, the residential premises of the appellant Shri Ketan were searched, when, among other things, 10 gms of foreign marked...
Collector of Customs Vs. K. Mohan and Co. (Exporters)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-03-1994
Reported in: (1994)(54)LC259Tri(Mum.)bai
1. The Revenue is aggrieved with the Order of the Collector (Appeals), Bombay.2. The importer filed a refund application claiming reassessment of the goods namely 'spare parts for Industrial sewing machines, Bobbins' under Heading 84.41(1) @ 40% as against original assessment under Heading No. 73.33/40.3. The Ld. Asstt. Collector has held that as per note l(c) of Section XVI, bobbins, spools, cops, cones etc. are excluded for assessment under Chapter 84 and has held that goods require to be assessed on the basis of constituent material. As the goods were made of steel, the assessment under S.H. No. 73.33/40 has been upheld.4. The Ld. Collector (Appeals) has held in para 2 of his order as follows: The distinction between a part and accessory in this that whereas without a part a particular machine cannot work at all, the same machine can work without the accessory though not effectively. In this particular case, unless the bobbin receives the thread and the thread is connected to the m...
Shamburaj Shivajirao Desai and Others Vs. Director of Sugar, Maharasht ...
Court: Mumbai
Decided on: Feb-03-1994
Reported in: AIR1994Bom257; 1994(1)MhLj892
1. The petitioners are the directors of Balasaheb Desai Sahakari Sakhar Karkhana Limited, a co-operative society registered under the Maharashtra Cooperative Societies Act, 1960 ('the Act'). By this writ petition they seek to challenge the legality of the order of the Additional Chief Secretary to the Government of Maharashtra, Co-operation and Textile Department dated 7 January, 1994 dismissing the appeal of the petitioners against the order of the Director of Sugar (Administration) and Additional Registrar of the Co-operative Societies, Maharashtra dated 20 November, 1993 by which in exercise of the powers under Ss. 77A(b) and 77A(c) of the Co-operative Societies Act, the Board of Directors of the society comprising of the petitioners was dismissed and in their place, the Joint Director (Sugar) (Administration) was appointed as the Administrator.2. The material facts of the case relevant for the determination of the controversy raised in this writ petition are as follows :The Board o...
A.R. Bhujbal and Others Vs. M/S. Sam Hiring Co. and Others
Court: Mumbai
Decided on: Feb-03-1994
Reported in: AIR1994Bom297; 1994(2)BomCR456; (1994)96BOMLR424; 1994(1)MhLj766
ORDERPendse, J.1. Haji Abdulla Noor Mohammad Machiswala Charitable Trust was the owner of two plots of land situated at D'Lima Street, 'E' Ward, of Mazgaon Division. On the picot of land admeasuring approximately 162.21 sq. meters, building bearing No. 142/146 was standing, while on the other plot of land admeasuring approximately 1162.21 sq. meters, building bearing No. 385 was constructed. Both the buildings were in dilapidated condition and required heavy and major repairs. The buildings were used for the purpose of residence and buildings were liable for payment of repairs and reconstruction cess in accordance with the provisions of Section 82 of the Maharashtra Housing and Area' Development Act, 1976 (hereinafter referred to as the 'Act'). Adjoining to Building No. 385 on the plot of land admeasuring 1162.21 sq. meters, certain sheds and garages were constructed and they were in occupation of respondent No. 1 which is partnership firm, and is used for the purpose of manufacturing ...
Collector of Central Excise Vs. Roshan TIn Printers
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-02-1994
Reported in: (1994)(74)ELT325Tri(Mum.)bai
1. This is an appeal directed against the order-in-appeal No.GS/815/B-I/93, dated 22-7-1993 filed by the revenue in regard to the findings of the Collector (Appeals) on the question of allowing the appeal of the Respondents with regard to their eligibility for availment of modvat credit in respect of certain inputs. Though, the order of the Collector (Appeals) deals with the aspect of valuation, the Department has not come in appeal on valuation aspect and the Respondents have also not filed any cross-objection or cross appeal either with regard to the Department's appeals or with regard to the finding regarding the valuation. Hence, the issue involved in this appeal is only with regard to the modvat credit on certain inputs brought by the respondents.2. The facts of the case as given by the ld. SDR, Shri Mondal are as follows: The respondents are engaged in the manufacture of coated and printed aluminium foils. They not only manufacture these items on their own but also manufacture t...
Sham Harbhagvandas Peshori Vs. Albright Morarji and Pandit Ltd.
Court: Mumbai
Decided on: Feb-02-1994
Reported in: 1996ACJ1101
M.F. Saldanha, J.1. This is an appeal preferred by the original claimant who was involved in an accident on the Kalyan-Badlapur Road on 21.11.1980. Essentially, the appellant assails the correctness of the order of the learned Member, Motor Accidents Claims Tribunal, Thane, who had quantified his total claim at Rs. 30,000/-. The subsidiary grievance made is that the interest at 6 per cent that was awarded by the Tribunal ought to have been stepped up to 12 per cent per annum from the date of the application.2. A few facts that are relevant are set out below:The appellant was, on the day in question, riding a scooter No. 9014 and was proceeding from Ulhasnagar to Ambernath along the Kalyan-Badlapur Road which, in the present instance, can be correctly categorized as the main road. He was approaching a junction where a by-road branches from the main road to the factory where the appellant was employed. It is alleged that a car No. MTY 3004 driven by respondent No. 2 suddenly emerged out ...
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