Mumbai Court July 1994 Judgments
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Abdul Jabbar S/O Abdul Sattar Vs. the State of Maharashtra Through P.S ...
Court: Mumbai
Decided on: Jul-11-1994
Reported in: 1996(1)BomCR498; 1995CriLJ3446
1. Appellant herein challenges his conviction for an offence under Section 3 of the Essential Commodities Act and the sentence ordered by the Special Judge, Akola. 2. The prosecution story is that P.W. 2-Tiwari saw a truck parked on the by-pass near Washim Check-post. The truck was bearing registration No. MTV 2859. The said Shri Tiwari also found that there were some cans. He, therefore, got suspicious and asked the driver of the truck, who was no other but the appellant-accused, to open the fuel tank. He felt from the fuel tank that it emitted smell of kerosene and, therefore, the truck was brought to the Police Station through the truck driver and the same was handed over to the City Kotwali Police Station, Akola, where a complaint was filed which was treated as the First Information Report. In this report, the said witness Tiwari requested the police authority to obtain the sample from the fuel tank of the truck. It is significant to note that the name of the owner of the truck was...
All India Glass Works Pvt. Ltd. Vs. Regional Dir., Employees State Ins ...
Court: Mumbai
Decided on: Jul-11-1994
Reported in: 1995(1)BomCR110; (1994)96BOMLR116; (1999)IIILLJ115Bom
D.R. Dhanuka, J.1. This appeal raises an interesting question of law as to whether the amount paid or payable to the employees under the 'Incentive or production bonus' (Inam or Bakshis) Scheme (annexure 'A' to Application No. 75 of 1972) constitute 'wages' within meaning of the expression 'wages : as defined in section 2(22) of the Employees' State Insurance Act, 1948 and whether the appellant is liable to pay amount of 'employers special contribution' and 'employees contribution' thereon as demanded by the respondent corporation. 2. Having regard to the observation of the Supreme Court in the later part of its judgment in case of Wellman (India) Pvt. Ltd. v. Employees' State Insurance Corporation 1993 2 CLR 161, it must be held that the amount paid or payable to the employees under the said scheme constitute 'other additional remuneration' within meaning of the said expression, forming part of definition of the word 'wages' under Section 2(22) of the Act though payable at the discret...
The Municipal Corporation of Greater Bombay and anr. Vs. Hirji Ladhabh ...
Court: Mumbai
Decided on: Jul-08-1994
Reported in: 1995(1)BomCR103; (1994)96BOMLR109
D.R. Dhanuka, J.1. The Municipal Corporation of Greater Bombay has preferred this appeal against order dated 30th July, 1979 passed by the Learned Additional Chief Judge of Court of Small Causes at Bombay in Municipal Appeal No. 180 of 1978. The said appeal was filed by the assessee M/s. Hirji Ladhabhai & Co. under section 217 of the Bombay Municipal Corporation Act, 1888. The relevant facts having bearing on the subject matter of this appeal are briefly summarised hereinafter.2. On or about 22nd August, 1957, the respondents herein obtained lease of plot bearing Old R.R. No. 1828 admeasuring 194.26 sq. metres situate at D'mellow Road (Freir Road), Bombay. The godown constructed on the said plot of land is deemed to be subject matter of demise by virtue of the provisions contained in the indenture of lease. The said indenture of lease was for the period of 10 years. The respondents pay a sum of Rs. 213/- per month as and by way of rent/compensation to the Bombay Port Trust.3. Section 4...
Dr. Emerico D'Souza Vs. State through the Deputy Conservator of Forest ...
Court: Mumbai
Decided on: Jul-08-1994
Reported in: 1995(1)BomCR266
A.A. Halbe, J.1. This application raises an important question as to whether the statements recorded by the Range Forest Officer of the accused, during the investigation of a forest offence under the Indian Forests Act, 1927, are hit by section 25 or 30 of the Evidence Act. The petitioner is involved in an offence under section 52 of the Indian Forest Act read with Rule 64 of the G.D.D. Forest Rules, 1964 for possessing illegally forest timber. This transaction involved as many as nine persons and the petitioner is designated as accused No. 1 and rest of them are accused Nos. 2 to 9.2. To the facts, reference may be made later. The Range Forest Officer, soon after seizure of the illegally cut wood, recorded the statements of those accused and it was disclosed from those statements that all the accused were involved in cutting, removing and possessing the illegally cut wood. The learned Magistrate, in Criminal Case No. 22/N/1992, on an elaborate consideration, found that the present pet...
Govindram Bros. Pvt. Ltd. and ors. Vs. Alexander Benedict Joseph Perei ...
Court: Mumbai
Decided on: Jul-08-1994
Reported in: 1995(2)BomCR531
A.P. Shah, J.Whether a property which was an agricultural land at the time of letting and had ceased to be agricultural land on the date of the suit for eviction is a 'premises' within the meaning of section 5(8) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the said Act', for short), and would attract provisions of the said Act, is the principal issue, which falls for consideration in this Civil Revision Application among other issues.2. The respondent (original plaintiff) is the owner of an open plot of land admeasuring 2420 sq. yds. situate at Gundavli, on Kurla-Andheri Road, Bombay. By Indenture of Lease dated November 18, 1950, the respondent granted lease of the said open plot in favour of the petitioners (original defendants) on the Terms and Conditions set out in the Indenture of Lease. The said lease was to commence from April 1, 1949 for a period of 20 years and was to end on March 31, 1969, with a clause pertaining to renewal of the lease. Clause 5 o...
Blue Star Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-07-1994
Reported in: (1994)(48)ECC40
1. This appeal is directed against the order in original No.S/10-278/87 ACC (III) dated 3.2.1987, of the Collector of Customs, Air Cargo Complex, Bombay ordering confiscation, vide Section 111(d) of the Customs Act, the items imported as spares for air-cooled split type air conditioner, valued at Rs. 1.52,697/- with an option to pay fine of Rs.75,000/- in lieu of confiscation.2. The appellants imported refrigeration compressors and claimed clearance thereof as spares for air-cooled split type air conditioner under the licence dated 3.4.1986, issued under the provisions of para 114(1) of the Import and Export Policy Book for AM 85-88. Clearance was however objected to on the ground that para 114 clearly provided that the items appearing in Appendix 2 and 10 would not be allowed under the licence issued under the said provision and that the compressors clearly figured in App.10 at Sr.No. 1. The appellants waived the show cause notice but contended that the items imported figured specifi...
Ramesh Rajaram Patil Vs. the Additional Commissioner, Aurangabad Divis ...
Court: Mumbai
Decided on: Jul-07-1994
Reported in: AIR1995Bom91; 1995(2)BomCR264; (1994)96BOMLR688
ORDER1. Liberty to add State as a party. 2. Rule made returnable forthwith by consent. 3. Mr. E. P. Sawant, A.G.P. waives notices for respondents Nos. 1, 2 and 5, Mr. Jadhav for respondent No. 3 and Mr. Parundekar for respondent No. 4. 4. The petitioner is a producer member of respondent No. 3 Karkhana which is a Specified Society for the purposes of Maharashtra Co-operative Societies Act, 1960. The elections for the managing committee were declared on 16-6-1994 and the last date for filing the nomination papers was 22-6-1994. The date fixed for scrutiny was 23-4-1994. 5. At the time of the scrutiny, respondent No. 4 filed an objection (vide Exhibit A, page 12) that the petitioner was a defaulter inasmuch an amount of Rs. 3,427.25 was due to the Karkhana from him. The scrutiny was, therefore, adjourned under proviso to Rule 23(5) of the Specified Co-operative Societies Election to Committees Rules, 1971 by the Returning Officer to 24-6-1994 on application. On that day, the petitioner t...
Yusuf Ajij Shaikh and Others Vs. Special Land Acquisition Officer and ...
Court: Mumbai
Decided on: Jul-07-1994
Reported in: AIR1994Bom327; 1994(4)BomCR175; (1995)97BOMLR823; 1995(1)MhLj483
1. The Appellants herein filed the suit against the Respondents for a declaration that the suit property is an ancient monument and structure of Archaeological importance and for permanent injunction restraining them from acquiring the land. The suit came to be dismissed and the said decree confirmed in appeal. It is under challenge in this Appeal.2. The property bearing C.T.S. No. 327 from Raviwar Peth, Bohari Ali, Pune is situated in the midst of the road passing east-west and belongs to a religious trust known as Subhansha Dargah and Masjid Trust -- a registered Public Trust. The property is known as Subshansha bungalow and situated in a congested area.3. Pune Municipal Corporation took into consideration bottlenecks to the traffic due to the said structure and passed a resolution foracquiring the same for road widening. Theproposal was made to the government and atthat time instead of acquiring the whole, partof the land came to be acquired admeasuringabout 274 sq. ft. from the nor...
Vasant Parsuram Sane Vs. Kamlakar Gajanan Chevade and Another
Court: Mumbai
Decided on: Jul-07-1994
Reported in: AIR1995Bom416; 1995(2)BomCR70; 1995(2)MhLj44
ORDER1. Heard Shri Surana for thepetitioner-tenant and Shri Pradhan for therespondents-Landlords. This is a petitionfiled by the original defendant-tenant againstthe judgment and decree passed by the twoCourts below, decreeing the suit of the landlords on the ground that the petitioner-tenantwas in arrears of rent for a period of 6 monthsor more and that, assuming that his case fellunder the unamended provisions of clause (b)of sub-section (3) of Section 12 of the BombayRents, Hotel and Lodging House RatesControl Act, 1947, he had not 'regularly' paidor tendered in Court the rent that had fallendue during the pendency of the proceedings.Having heard. Shri Surana and Shri Pradhana few facts necessary for the disposal of thepetition may be said as under:2. The premises are room No. 4 which is a room in a chawl known as Tarabai Niwas behind Rationing Office, Murbad Road, Kalyan. The premises were let out to the petitioner in, 1966 and the contractual rent was Rs. 40/- (Rupees Forty only) ...
Ceat Tyres of India Ltd. Vs. Municipal Corpn. of Greater Bombay
Court: Mumbai
Decided on: Jul-07-1994
Reported in: 1994LC656(Bombay); 1994(73)ELT39(Bom)
Pendse, J.1. The appellant No. 1 is a company registered under the Companies Act and the company inter alia manufactures and sells tyres, tubes and flaps. The company imports diverse raw materials including nylon tyre yarn which forms an integral ingredient for the manufacture of the tyres. The company has a factory in Bhandup, Bombay and another factory at Nasik, in the State of Maharashtra. Chapter XIX of the Import Export Policy for the period commencing from April 1, 1988 and ending with March 31, 1991 issued by the Government of India deals with Duty Exemption Scheme. Paragraph 219(1) of the said policy provides that the objective of the Duty Exemption Scheme is to make available to registered exporters the necessary inputs for export production at International prices without payment of customs duty so as to make the exports competitive in the international market. The Scheme provides for grant of three categories of licences, one of them being the advance licence. The Government...
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