Mumbai Court June 1994 Judgments
Prakash Cotton Mills Ltd., and ors Vs. Rashtriya Mill Mazdoor Sangh an ...
Court: Mumbai
Decided on: Jun-30-1994
Reported in: [1995(70)FLR189]
ORDERS.H. Kapadia, J.1. By this writ petition the Petitioners seeks to challenge the interim order of the Industrial Court dated 5th September 1990 in Complaint (ULP) No. 26 of 1990. 2. Briefly the facts giving rise to this Writ Petition are as follows :- (a) The above Complaint has been filed by Rashtriya Mill Mazdoor Sangh. It is a representative Union under the Bombay Industrial Relations Act, 1946. It represents majority of workmen. It is not in dispute that in Prakash Cotton Mills Ltd. there is no recognised union, under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice Act, 1971. The said Complaint No. 26 of 1990 is for various reliefs. The Complaint is filed under Item 5 of Schedule II as well as Items 9 and 10 of Schedule IV to the said act, 1971. The said Complaint interalia is to the effect that the Company is not allowing Union to use the Notice Board for exhibiting notices on the premises of the Undertaking; that the Company is refusing to...
Tag this Judgment!Regional Director E. S. I. Corporation, Bombay Vs. Smt. Mary Cutinho a ...
Court: Mumbai
Decided on: Jun-30-1994
Reported in: II(1995)ACC291; 1995ACJ315; 1994(4)BomCR217; (1999)IIILLJ90Bom; 1995(1)MhLj758
ORDERD.R. Dhanuka, J. 1. This appeal is preferred by the Regional Director, Employees' State Insurance Corporation against order dated 3rd July, 1979 passed by the Employees Insurance Court, Bombay in Application No. 50 of 1978. By the impugned order, the Employees' Insurance Court held that the injury sustained by the deceased injured person was an 'employment injury' and the dependents of the deceased were entitled to receive the dependents benefits. 2. It is unfortunate that an urgent matter of this nature has remained pending in this Court for a period of 15 years. The Registrar, High Court, Appellate Side, is directed to place all appeals arising from applications under the Employees' State Insurance Act, 1948 for final hearing on Board within 10 days from today. 3. One Robert Sebastian Cutinho was working as a boiler attendant in Sulphur Refinery Pvt. Ltd. The said workman was duly covered by the Employees' State Insurance Act, 1948 and was an injured person. On 17th April, 1976,...
Tag this Judgment!Mohammed Salim Alias Nanekhan Vs. Sr. Inspector, Shivajinagar Police S ...
Court: Mumbai
Decided on: Jun-30-1994
Reported in: 1995(1)BomCR533
V.A. Mohta1. An unusual relief is sought in this writ petition under Article 226 of the Constitution. The relief is for the return of petitioner's photographs taken by respondent No. 1 - Senior Inspector, Shivajinagar Police Station, Govandi, Bombay and for directing respondent No. 1 to delete the petitioner's name from the register of habitual criminals maintained by the police station.2. Respondent No. 1 has not disputed the factum of taking the petitioner's photographs but has denied that the name of the petitioner was placed in the register of habitual criminals. The petitioner's name was included in the register of bad characters maintained under Standing Order No. 141 issued by the Govandi Police Station, Bombay for the purposes of organising a systematic surveillance and follow up action if necessary against them. On 21st September, 1993 new Shivajinagar Police Station came into existence whereupon the areas of Govandi and Shivajinagar which were formerly under jurisdiction of D...
Tag this Judgment!Jayantilal C. Jhaveri Vs. Assistant Commissioner of Income-tax.
Court: Mumbai
Decided on: Jun-30-1994
Reported in: [1995]55ITD313(Mum)
ORDER--Assessment order passed without making any independent enquiry and by merely following CIT's directions under s. 132(12).Ratio:Since order passed under section 132(5) or section 132(12) is in the nature of interlocutory order, orders of the assessing officer passed without making any independent enquiry and by merely following Commissioner of Income Tax's directions under section 132(12) were erroneous and prejudicial to the interests of the revenue. Held:(i) Neither the provisions of section 132(5) nor the provisions of section 132(12) are concerned with the assessment of income. They are mainly concerned with the retention or release of the seized valuables. The assessing officer must assess the income not being solely guided by the order passed either by him under section 132(5) or by Chief Commissioner/Commissioner passed under section 132(12). The proceedings of assessment are described as quasi-judicial because they have certain, though not all, atributes of a judicial pro...
Tag this Judgment!Smt. Meeradevi Alias Sheela Gajanan Jagtap Vs. Chandramohan Dattajirao ...
Court: Mumbai
Decided on: Jun-29-1994
Reported in: AIR1995Bom47; 1995(1)BomCR1; (1994)96BOMLR73; 1995(2)MhLj218
1. This appeal is preferred by the Original Defendant against decree dated 31st August, 1979 passed by the Court of Joint Civil Judge, Senior Division, Pune, in Special Civil Suit No. 66 of 1978. By the said decree, the trial Court declared that the plaintiff was the title holder of the suit flat bearing No. 196 in Building No. 11 on the 1st floor of Meera Co-operative Housing Society, Poona-9. By the said decree, the trial Court directed the defendant to hand over vacant possession of the suit flat to the plaintiff forthwith. By the said decree, the trial Court also directed that the mesne profit be determined as contemplated under O. XX, R. 12(1)(c) of the Code of Civil Procedure. By the said order the trial Court further directed the defendant to pay the costs of the suit to the plaintiff.2. This is an unfortunate litigation between two members of the same family. The defendant is younger married sister of the plaintiff residing in U. S. A. The plaintiff is the brother of the defend...
Tag this Judgment!Bayer (India) Limited and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jun-29-1994
Reported in: AIR1995Bom290; 1994(4)BomCR309; (1995)97BOMLR957
ORDERM.F. Saldanha, J. 1. After Bhopal and Chernobyl, is it to be the turn of Thane for another man-made disaster of unprecedented dimensions? History is supposed toforewarn and it is said that we are required to learn from our mistakes of the past. What began with the industrial revolution and was politely referred to in economic terms as development has, over the decades and centuries, grown into the setting up of gigantic enterprises which cater to the lifestyle and requirements of progressing society. While, on the one hand, manufacturing processes necessarily involve the storage and use of products which in themselves can often he categorised as dangerous, many of the processes themselves are required to be conducted under systems of extreme safety. It was realised all the more after the Bhopal tragedy that even the manufacture of pesticides, which have their own use, could, in the event of an accident or leakage, kill a sizable portion of the population in the vicinity of such a ...
Tag this Judgment!Kanubhai Chunilal Jhaveri Vs. the Union of India and ors.
Court: Mumbai
Decided on: Jun-29-1994
Reported in: 1995(1)BomCR668
B.P. Saraf, J.1. The petitioner carries the business, inter alia, of importing rough diamonds into India and exporting cut and polished diamonds out of India. He is registered as an export house and holds export house certificate by the Chief Controller of Imports and Exports. The petitioner made request for endorsement of certain R.E.P. licences acquired by transfer in terms of paragraph 148 of the Import and Export Policy 1983-84. The request of the petitioner for endorsement was, however, turned down by the Controller of Imports and Exports on ground, inter alia, that the validity of the licences had already expired long before the request for endorsement in terms of paragraph 148 of the policy was made by the petitioner. The petitioner is aggrieved by the above orders of the Controller of Imports and Exports. According to him the Controller of Imports and Exports was not justified in law in rejecting his request for endorsement of the licences on the ground of expiry of the validit...
Tag this Judgment!The Premier Automobiles Limited and anr. Vs. Union of India (Uoi) and ...
Court: Mumbai
Decided on: Jun-29-1994
Reported in: 1995(1)BomCR673
B.P. Saraf, J.1. The petitioners are engaged in the manufacture of motor vehicles at their factory at Kalyan. For the manufacture of motor vehicles, the petitioners require steering gears which are used as parts thereof. Some of the steering gears are locally purchased and used by the petitioners in the manufacture of motor vehicles in their factory. During November, 1983-84, the petitioners imported some steering gears. The respondents assessed the steering gears at the rate applicable under Tariff Item 68 of the First Schedule to the Central Excises and Salt Act, 1944 as it stood at the material time for the purpose of levy of additional duty/countervailing duty. According to the petitioners, no countervailing duty is leviable on the imported gears under section 3 of the Customs Tariff Act, 1975 in view of Notification No. 167/79-CE which exempts parts of motor vehicles falling under Item No. 68 of the First Schedule to the Central Excises and Salt Act and intended to be used in the ...
Tag this Judgment!Muktiram Namdeo Chandmare Vs. Vertex Engineering Works
Court: Mumbai
Decided on: Jun-28-1994
Reported in: (1997)IIILLJ766Bom
1. For the reasons briefly indicated hereinafter, the order passed by the Additional Commissioner for Workmen's Compensation, Bombay, on January 23, 1981 in Application No. 183/C-29 of 1976 is modified as under : 'The Opposite Party is hereby ordered to pay to the applicant a sum of Rs. 4,282 together with interest on Rs. 5,032 at 5 per cent per annum from November 1, 1976 after deducting therefrom the amount already withdrawn by the applicant from deposit made in pursuance of order, dated January 23, 1981, being the order under appeal'. 2. On November 17, 1975, the applicant met with an accident. At the time of accident, the appellant was employed with the Opposite Party. The applicant claimed compensation from the Opposite Party in the Court of the Additional Commissioner for Workmen's Compensation, Bombay. The case papers produced by A.W. 4 Shanbhag of the Cooper Hospital shows that the applicant had suffered permanent partial disability of 20 per cent. The St. Georges Hospital cert...
Tag this Judgment!State of Maharashtra Vs. Mahadeo Krushna Waghmode and ors.
Court: Mumbai
Decided on: Jun-28-1994
Reported in: II(1995)ACC205; 1995ACJ166
D.R. Dhanuka, J. 1. The State of Maharashtra (Original Opponent No. 2) has preferred this appeal against the order dated 1st April 1985 passed by the Commissioner for Workman's Compensation an Judge, 1st Labour Court, Solapur in Application (W. C.) No. 1 of 1984. By the said order, the Appellant was directed to pay a sum of Rs. 19,200/- by way of compensation to the respondent No. 1 (Original Applicant). The Learned Commissioner also issued certain consequential directions while passing said order. 2. On 22nd November, 1983, Smt. Parvatibai, wife of Mahadeo Krushna Waghmode was working with the contractor Lingapa Hanmantu Vakital in respect of the construction of E. S. I. S. Hospital at Solapur. The Executive Engineer, E. S. I. S. Hospital, Solapur had awarded the contract for construction work to the said Lingapa Hanmantu Vakital. Smt. Parvatibai died as a result of an accident which took place while Parvatibai was working on the said project. Smt. Parvatibai was getting Rs. 12/- per ...
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