Mumbai Court July 1994 Judgments
Harichandra Jethmal Gandhi and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-29-1994
Reported in: 1995(4)BomCR688
H.W. Dhabe, J.1. Common, and the only, question involved in these four writ petitions is whether the service rendered by the petitioners therein who are lecturers as Demonstrators or Tutors in which posts they were previously working can be computed in considering the question of their placement in posts of Lecturer (Senior Scale), Lecturer (Selection Grade), and the post of Reader in implementing the G.R. dated 27.2.1989 relating to revision of pay-scales of the teachers of the University and the affiliated Colleges issued by the State Government. These four writ petition can thus be disposed of by this common judgment. We shall, however, consider the facts and deliver the judgment in writ petition No. 927 of 1991, by which the other writ petitions would be governed, since the basic facts in all these writ petitions are the same. 2. The facts in Writ Petition No. 927 of 1991 are that the petitioners therein, numbering 45, were originally appointed in the Colleges affiliated to Nagpur ...
Tag this Judgment!Regional Director E. S. I. Corporation Vs. Parasnath Shivbaran and Ano ...
Court: Mumbai
Decided on: Jul-29-1994
Reported in: (1997)IIILLJ785Bom
1. The Employees' State Insurance Corporation, Bombay has preferred this appeal against order, dated February 9, 1988 passed by the Employees' State Insurance Court at Bombay in Appeal (E.S.I.) No. 3 of 1985 filed by the workman Parasnath Shivbaran under Section 54-A of the Employees' State Insurance Act, 1948. 2. At the relevant time, the Respondent No. 1 was employed as a helper in Colour Mixing Department in Bombay Dyeing and . On March 11, 1981, the Respondent No. 1 met with an accident during the course of his employment as a result whereof his left hand was injured. Due to the said accident, the bones of his left hand thumb got crushed and damaged. A steel wire had to be inserted in his left hand thumb due to which the thumb became stiff. In the proceedings before the Court below ii was the case of the workman that the workman had lost total grip of the left hand fingers as a result of the injuries suffered and his chances to get the same job or similar job were substantially red...
Tag this Judgment!Menino Lopes Vs. State of Goa
Court: Mumbai
Decided on: Jul-29-1994
Reported in: 1995(1)BomCR334; (1994)96BOMLR176
A.M. Bhattacharjee, C.J.1. This application for bail has come up before us from the Goa Bench under somewhat unusual circumstances. An earlier application for bail was filed before a learned Single Judge of that bench who rejected the same. Such rejection, by itself, may not be unusual; but the rejection was made with some extra-ordinarily unusual observations. The learned Judge, while rejecting the application of bail on 13-12-1993, observed that 'the petitioner is bound to remain in custody till the final disposal of the trial'. We are afraid, and this we say with respect, that the learned Judge went too far and in purporting to deprive and divest the accused-applicant of all his rights to move for bail afresh at any subsequent stage of the trial, the learned Judge acted in a manner which is difficult to appreciate. We cannot forget that the right of the accused to move for bail, whether at the pre-trial, trial or post-trial stage, concerns his right to personal liberty under Article...
Tag this Judgment!Advertising Agency Association of India and anr. Vs. Central Board of ...
Court: Mumbai
Decided on: Jul-29-1994
Reported in: 1995(2)BomCR624; (1994)96BOMLR781
B.P. Saraf, J.1. This writ petition has been filed by Advertising Agency Association of India, an association of advertising agencies from all over India and its President Diwn Arun Nanda. The petitioners have challenged circular No. 681 dated 8th March, 1994 of the Central Board of Direct Taxes ('CBDT') in so far as it purports to make the provisions of section 194-C of the Income Tax Act, 1961 applicable to payments made to advertising agencies for professional services rendered by them.2. Arguments were advanced before us by learned Counsel for the petitioners in regard to the scope and ambit of section 194-C of the Act. It was stated that the said section had althroughout been construed by the Ministry of Finance and by CBDT as not applicable to payments made to advertising agencies for professional services rendered by them. It was long 20 years after the incorporation of section 194-C in the Act that the CBDT has reversed its interpretation purportedly on the basis of the decisio...
Tag this Judgment!Chintaman Rajaram Kharkar and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-29-1994
Reported in: 1995(2)BomCR74
Vishnu Sahai, J.1. Since both these appeals arise out of common judgment, they are being disposed of together.2. All the six appellants in both the connected criminal appeals were convicted under sections 147 I.P.C., 452 and 324 I.P.C. read with section 149 I.P.C. and were sentenced to undergo 4 months, 6 months and 8 months rigorous imprisonment respectively. In addition, appellants Chintaman Rajaram Kharkar, Trimbak Shimgya Mokashi, Ashok Harishchandra Mokashi and Kiran Trimbak Mokashi were convicted under section 142 I.P.C. and were sentenced to undergo 6 months rigorous imprisonment. All the sentences of the appellants were directed to run concurrently. The aforesaid convictions and sentences of the appellants were recorded by the Second Additional Sessions Judge, Thane, in Sessions Case No. 262/1986 vide order dated 4-2-1988.3. The prosecution case in brief is that the informant Chandrakant, P.W. 1 and Vitthal P.W. 2 are real brothers. They reside in Village Vitawa, Koliwada, Talu...
Tag this Judgment!Premier Automobiles Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-28-1994
Reported in: (1995)LC164Tri(Mum.)bai
1. This appeal is directed against the order in original No. S/10-12/85 CIU dt. 25-7-1986 of the Addl. Collector of Customs, Bombay ordering confiscation vide Section 111(d) of the Customs Act, 1962, of the consignment declared as Motor Vehicle spares - Ball Bearings below 60 mm. sought to be cleared under 8 Bills of Entries, but granting the importers option to pay fine in lieu of confiscation (separately quantified against each Bill of Entry) as decided in the order and also imposing personal penalty of Rs. 1,50,000/- on the appellants - importers, vide Section 112 of the same Act.2.1 The appellants imported the subject goods and filed Bills of Entry seeking clearance thereof against Import Licence dt. 21-5-1983 issued for import of spare parts needed for the purpose of providing warranty coverage or after sale service to their customers. The Appraising group completed the assessment on the basis of the declaration but it was pointed out at that time, that the said goods could not b...
Tag this Judgment!Reserve Bank of India Vs. Waman Baburao Shinde and ors.
Court: Mumbai
Decided on: Jul-28-1994
Reported in: [1995(70)FLR10]; (1998)IIILLJ275Bom
M.L. Pendse, J.1. Respondent no. 1 joined the services of appellant - Reserve Bank of India in year 1966 in the capacity of a clerk. The Reserve Bank is running a hostel for training of the officers from year 1961 onwards and hostel supervisor is selected from the category of clerks. In year 1978, respondent no. had applied for the post of hostel supervisor and was interviewed and selected. Respondent no. 1 joined the duties of hostel supervisor on June 15, 1982 and was reverted back to the cadre of clerks on August 4, 1984. It is not in dispute that the post of hostel supervisor is an ex-cadre post and the appointee does not cease to be a member of the parent cadre. The union representing the employees of the Reserve Bank sought a reference under Section 10(1)(d) of the Industrial Disputes Act, 1947, and the Central Government, by order dated October 7, 1986, referred the following dispute for adjudication to the Central Industrial Tribunal : 'Whether the action of the management of R...
Tag this Judgment!Gopal Anjayya Falmari and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-28-1994
Reported in: 1995(1)BomCR116; (1994)96BOMLR144
Vishnu Sahai, J.1. This appeal is directed by the appellants against the judgment and order dated 22-12-1987 passed by the IIIrd Additional Sessions Judge, Solapur in Sessions Case No. 90 of 1987, convicting and sentencing them as under:--- Appellants- Gopal Anjayya Falmari )Under Section 323 r/w 34 IPC to suffer and Govardhan Anjayya )imprisonment till the Falmari. )rising of Court and )pay a fine of Rs. 250/- )i.d. to undergo S.I. for 3 months. Nagnath Anjayya )Under section 304(2) IPC and Falmari )sentencing him to undergo 3 years )RI and to pay a fine of Rs. 2000/- )in default of payment of fine to )further undergo 6 months RI.Along with the appellants, Sou. Upendrabai Gopal Falmari wife of appellant - Gopal was also prosecuted but, she has been acquitted by the learned Trial Judge.2. The prosecution case in brief is that appellants are real brothers. The acquitted accused Suo. Upendrabai Gopal Falmari as stated above is the wife of appellant-Gopal Falmari, Govardhan and Sou Upendr...
Tag this Judgment!Rasiklal Manilal Morakhia and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-28-1994
Reported in: 1995(1)BomCR575
A.V. Savant, J.1. These three applications were heard together, since they arise out of the same set of facts and relate to the same crimes, punishable under sections 409, 420 read with section 34 and section 120B of the Indian Penal Code. (i) Criminal Application No. 1646 of 1994 was filed in this Court on the 4th July, 1994 by the 6 applicants, who have prayed for anticipatory bail under section 438 of the Code of Criminal Procedure. (ii) Criminal Application No. 1648 of 1994 has been filed by the original complainant - Maharashtra Small Scale Industries Development Corporation Limited, a Maharashtra Government Undertaking (for short, the 'MSSIDC'). This application has been filed on the 5th July, 1994 challenging the order dated June 30, 1994 passed by the learned Metropolitan Magistrate, 19th Court, Esplanade, below the 3rd remand application dated 30th June 1994 in C.R. No. 5 of 1993. Under the impugned order dated June 30, 1994, two accused viz. Kantilal Manilal Morakhia and Prak...
Tag this Judgment!Collector of Central Excise Vs. Bharat Bijlee Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-27-1994
Reported in: (1994)(48)ECC37
1. This is an appeal from the Revenue against the Order-in-Appeal No.M-160/TH-29/85 (File No. V-2 (68) 1745/83/2308), dated 15-2-1985 of the Collector of Central Excise (Appeals), Bombay, allowing the appeal of the Respondents holding that the Show Cause Notice issued as time barred under Section 11A of the CESA, 1944.2. The facts which are required to be considered for disposal of the appeal can be stated as below. The Respondents are manufacturers of transformers. One of the inputs, which they brought under Rule 56A of the Central Excise Rules, was Glass Bonded Copper Strips, which were classified under T.I. 68, in respect of which Proforma Credit is available. However, the suppliers of the inputs were paying duty under protest, because they were disputing the classification and the matter went upto the High Court. The High Court of Bombay in its judgment of October, 1981 held that the aforesaid inputs are classifiable under T.I. 26A, on account of which the supplier of inputs M/s S...
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