Mumbai Court March 1994 Judgments
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State of Maharashtra Vs. Jethmal Himatmal JaIn and Another
Court: Mumbai
Decided on: Mar-22-1994
Reported in: 1994(4)BomCR103; 1994CriLJ2613
1. Cases involving racketeering in life saving drugs or trading in spurious medicinal preparation for that matter, require special consideration particularly where it is demonstrated that there has been a compromise in quality or adulteration of the Drugs. Many precious lives have been lost due to the spurious preparations having been administered and it is a matter of little consequence whether the fault can be traced to the manufacturer, to the intermediary or to the dealer. These are crimes against humanity and the law must approach them with a degree of utmost firmness if the rackets are to be contained and snuffed out. Even at the risk of sounding ruthless, it will have to be stated that if a gradation of anti-social offences were to be done, this category would probably top the list.2. The situation becomes all the more distressful when it is disclosed that the offender is being shown sympatric consideration by the very public authorities in whom the sacred task of safeguarding p...
Smt. Panna Devi Chowdhary (Legal Representative of Saligram B. Choudha ...
Court: Mumbai
Decided on: Mar-22-1994
Reported in: [1994]208ITR849(Bom)
Dr. B.P. Saraf, J. 1. In compliance with the order of the Supreme Court dated January 21, 1980, in Civil Appeal No. 168 (NT) of 1980, the Income-tax Appellate Tribunal has referred the following of law to this court for opinion under section 66(2) of the Indian Income-tax Act, 1922 ('the Act') : 'Whether the finding of the Tribunal that the sum of Rs. 4,00,000 was the assessable income of the assessee was unreasonable or perverse or not sustainable in law on the material before the Tribunal ?' 2. This reference pertains to the assessment year 1951-52. The assessee, Saligram B. Choudhary (since deceased and represented by his widow, Smt. Panna Devi), was an individual. At the material time, he was the general manager of one Bombay Gas Co. Ltd., Bombay. The said company and some other companies, viz., Bengal Jute Mills Co Ltd., Madaripur Trading Co., and Hindustan Mercantile Bank belonged to Messrs. Surajmal Nagarmal Group. One C. L. Bajoria was a senior partner of Messrs. Surajmal Nagar...
Chief Engineer, P.W.D., Nagpur and ors. Vs. P.W.D., S.C., S.T., O.B.C. ...
Court: Mumbai
Decided on: Mar-22-1994
Reported in: [1995(70)FLR554]; (1995)ILLJ1209Bom
B.U. Wahane, J1. By this petition, the petitioners are challenging the judgment and order dated 17th September, 1993, passed by the Industrial Court, Nagpur, in three Revision (ULPN) Nos. 97, 98 and 99 of 1990, arising out of Complaint (ULP) Nos. 170 of 1987, 1151 of 1988 and 920 of 1989. The learned Industrial Court, Nagpur by an order dated 17th September 1993 declared that the action of retrenchment on the part of the respondents/petitioners is an act of unfair labour practice under Item 1(a), (b) and (d) of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (for short 'the M.R.T.U. and P.U.L.P. Act). The learned Member directed the respondents (petitioners) to reinstate in service 128 listed employees as per Exh. 46 with continuity in service and back wages from the date of retrenchment i.e., 30-1-1987. 2. Giving rise to the present petition, the facts, in nutshell, are as follows : Undisputedly, 128 workers or employees we...
Narang Latex and Dispersions Pvt. Ltd. Vs. S.V. Suvarna (Mrs.) and anr ...
Court: Mumbai
Decided on: Mar-22-1994
Reported in: [1994(68)FLR1028]; (1995)ILLJ113Bom
A.C. Agarwal, J.1. Admit. 2. On application of Mr. Rele for the petitioner, the name of respondent No. 1 is deleted. Miss Buch for original respondent No. 2 waives service. 3. By consent appeal is called out for hearing and final disposal. Heard parties. 4. The short question which arises for our consideration is, 'On whom does the burden lie to prove the fairness or otherwise of the Domestic Enquiry which has culminated in an order of dismissal passed against the workmen of the petitioner Company. By an order passed on 30th September, 1993, the learned Presiding Officer, 4th Labour Court, Thane has held that the burden lies on the company and has directed it to lead evidence first on the issue of fairness of the enquiry. The said order was sought to be impugned by the petitioner by filing a Writ Petition, being Writ Petition No. 4 of 1994. By an order passed on 5th January 1994, the learned single Judge has rejected the petition on the ground that the order impugned is interlocutory. ...
Balasaheb Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-21-1994
Reported in: 1994CriLJ3044
1. Being aggrieved by the judgment of conviction for offences under Sections 363, 366-A, 376 and 506, I.P.C. and sentence of R.I. for three years and fine of Rs. 1000/- under first count; R.I. for five years and fine of Rs. 1500/- under second count R.I. for six years and fine of Rs. 2,000/- under the third count and R.I. for one year and fine of Rs. 500/- under the fourth count, recorded by the 4th Addl. Sessions Judge, Ahmednagar in Sessions Case No. 178 of 1991, the appellant-accused has preferred this appeal inter alia contending that the entire evidence led on behalf of prosecution clearly establishes the consent on the part of the victim Nanda d/o Mohan Darade and that the medical evidence is also to the effect that her age is 16 years or more and in that light of the matter, the learned Trial Judge felled in serious error in recording the contrary conclusion and convicting the appellant-accused for the offences indicated above and that the same should be rectified by allowing th...
Tata Engg. and Locomotive Co. Ltd. Vs. Collector of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-18-1994
Reported in: (1994)(74)ELT741Tri(Mum.)bai
1. For hearing the applicant's appeal on merits, they are required to deposit Rs. 65,301.10 vide Order in Appeal No. P-249/93, dt. 25-10-1993 passed by the Collector of Central Excise and Customs, Pune.2. The issue involved is that the appellants took the Modvat credit on the inputs used for the purpose of testing and the deptt. objected to it on the I ground that these inputs have not gone into the manufacture of the goods.3. Heard Shri Krishanaswamy, Divl. Manager for the Company and Shri K.M. Mondal, the ld. SDR for the department.4. The same issue in relation the demand raised for the earlier period has already been placed before this Tribunal. This Tribunal vide their Order No. 2358/93/WRB, dt. 2-11-1993 has held the same to be a triable issue and accordingly has granted unconditional stay and waiver. There is no ground available to take a view different from the same. Under the circumstances, the appellants are granted stay and waiver against recovery of the duty amount. This ap...
Collector of C. Ex. Vs. Associated Flexibles and Wires P.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-18-1994
Reported in: (1994)(74)ELT902Tri(Mum.)bai
1. This application seeking reference to the High Court on the issue of law formulated by the dept. arises out of the Order No. 954/WRB, dt.22-5-1992 passed by this Bench in Appeal No. E/918/91-BOM.2. The issue for consideration in the said appeal was that the appellant having failed to take the Modvat credit on the specified date, took the credit at a later date on account of some clarification subsequently issued. The objection was raised that the credit ought to have been taken on the date of receipt of the goods. This Bench relied on the decision of the SRB in Mysore Lac & Paint v. Collector of Central Excise reported in 1991 (17) ECR 61, where it was held that the credit could be taken within a reasonable time after the receipt of the inputs and extended the same principle by further holding that considering the entire scheme of the Central Excise Act and Allied Laws, the period of six months was a reasonable period and therefore allowed the appeal. The dept. now wants to ref...
Collector of Central Excise Vs. Jayshree Industries and ors.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-17-1994
Reported in: (1994)(53)LC315Tri(Mum.)bai
1. All the aforesaid Reference Applications are against the common order passed by this Bench vide Order No. 504-510/93-WRB dated 8.4.1993. This order has been passed based on an earlier decision of this Bench in the case of M/s. Jayshree Industries . The issue involved in all these appeals is the eligibility for Modvat Credit in respect of dry battery cells, which are supplied along with quartz wall clocks as an external component for running the clock. These dry battery cells are placed in the space provided for keeping the cell for operating the clock and they are sealed and packed and despatched from the factory and the value of the cells is also included in the assessable value of the quartz clock.This Bench, after considering all the arguments made by the Departmental Representative, held the view that dry battery cell being a component, which is essential for running the clock and they are supplied along with the clock and marketed in that form at the factory gate, Modvat Credi...
Smt. Shankuntala D/O Dadaji Neolekar Vs. Smt. Kausalyabai Wd/O Bholana ...
Court: Mumbai
Decided on: Mar-17-1994
Reported in: AIR1994Bom235; (1994)96BOMLR901; 1994(2)MhLj1384
ORDERR. M. Lodha, J.1. Whether the appellant can keep alive her possession of the disputed premises obtained under the ultra vires and dead law viz. Chapter III of theC.P. & Berar Letting of Houses and Rent Control Order, 1949 is a million dollar question?2. To appreciate this question we shall have to advert to factual canvas of the matter.3. The appellant Smt. Shakuntala filed a complaint under Chapter III of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order, 1949') before the House Allotment Officer. It was inter alia stated in the said complaint that house No. 595/B-2 having three rooms situated at Loharpura Mohalla, Nagpur, owned by late Bholanath Pande was lying vacant and another house bearing No. 495/5 having three rooms in that very area belonging to late Bholanath Pande was lying vacant and the said landlord was intending to induct new tenants on an increased rent after the previous tenants have vacated the sai...
Sharad R. Khanna Vs. Karimjee Limited
Court: Mumbai
Decided on: Mar-17-1994
Reported in: 1994(3)BomCR223; [1995]84CompCas611(Bom); 1994(2)MhLj1366
Mrs. Sujata Manohar C.J.1. Leave to amend in terms of the draft. The amendment to be carried out within one week. 2. This is an appeal from an order of the learned single judge in Notice of Motion No. 52 of 1993, in respect of Insolvency Notice No. N/51 of 1992. The notice of motion was taken out by the judgment-debtor for setting aside the insolvency notice issued and served upon him by the judgment-creditor. The insolvency notice is in respect of a decree dated March 12, 1991, for a sum of Rs. 20,79,184 passed by this court against the judgment-debtor in favour of the judgment-creditor in Summary Suit No. 3760 of 1989. A special leave petition filed from this judgment and decree was rejected by the Supreme Court in April, 1991. 3. On July 13, 1992, the judgment-creditor moved the Insolvency Court for issuance of an insolvency notice. This was because the decree which was then about a year old, had remained unsatisfied and there was no stay against the execution of the decree. The ins...
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