Mumbai Court September 1994 Judgments
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Pol India Agencies Ltd. Vs. Union of India
Court: Mumbai
Decided on: Sep-28-1994
Reported in: 1994LC440(Bombay); 1994(74)ELT523(Bom)
Pendse, J. 1. Rule returnable forthwith. Counsel for the respondents waives service. By consent, petition taken on board and called out for hearing. Heard counsel. 1A. By this petition filed under Article 226 of the Constitution, the petitioners are challenging legality of order dated November 30, 1993 passed by Joint Secretary to the Government of India, Ministry of Finance refusing to entertain revision application filed by the petitioners, on the ground that the application was filed beyond period of limitation. It is not in dispute that revision application is required to be filed within three months from the date of communication of the order in accordance with the provisions of Section 129DD(2) of the Customs Act. The revisional authority is given power to extend the period by three months on satisfaction that the petitioners were prevented from filing revision within a period of limitation. The revision application in the present case was filed beyond period of three months and ...
Vegetable Vitamins Foods Co. Ltd. Vs. Regional Provident Fund Commissi ...
Court: Mumbai
Decided on: Sep-28-1994
Reported in: [1995(70)FLR1012]; (1995)ILLJ1145Bom
V.P. Tipnis, J. 1. The Vegetables Vitamins Foods Co. Ltd., has challenged the legality and correctness of the order dated 5/2/1992 passed by the Regional provident Fund Commissioner, Maharashtra and Goa, levying damages for the delayed payments of the Provident Fund contributions; Family Pension Fund Contributions; Administrative charges etc. Under section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. By notice dated 22/10/1991 issued by the regional provident Fund Commissioner, the Petitioner-company was told that it has defaulted to pay the Employees' Provident Fund Contributions/Family Pension Fund Contributions/Insurance Fund Contributions and Administrative charges/inspection charges in the respective funds on or before the due dates for the months of March 1984 to January 1985, as indicated in the statement enclosed along with the aforesaid letter. The petitioner-company was called upon to show case why damages at such rates deemed fit, should ...
Super Construction Company Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-28-1994
Reported in: 1995(2)BomCR436; (1995)97BOMLR944
Held:The phrase 'within six weeks of the receipt of the notice' occuring in the first part of proviso (b) to Section 18(2) must be interpreted to mean within six weeks from the receipt of effective notices, meaning thereby from the receipt of the knowledge of the essential Contents of the award by the claimants including the reasons or the basis on which the quantum of compensation has been fixed as also the other particulars mentioned above.[B] Land Acquisition Act, 1894 - Natural justice - Application for reference - Rejected without hearing - Not justified.Moreover, even in a case where the Special Land Acquisition Officer comes to a prima facie finding that the reference application is barred by limitation, it is incumbent on his part, before dismissing the application on that ground, to give an opportunity of hearing to the claimant to show cause as to why it should not be rejected as barred by limitation.B.P. Saraf, J.1. This revision application is directed against the communica...
Manuraj Chandrakant Babar Vs. Bapusaheb Babasaheb Deshmukh
Court: Mumbai
Decided on: Sep-27-1994
Reported in: AIR1995Bom41; 1995(2)BomCR402; (1995)97BOMLR940; 1995(1)MhLj895
ORDER1. The petitioner is the son of one Shri Chandrakant Rajmal Babar, who filed a Regular Civil Suit No. 1468 of 1978 in the court at Solapur against the respondent for recovery of a sum of Rs. 4,000/- with interest. The suit was decreed. The petitioner filed Regular Darkhast No. 245 of 1987 in the Civil Court at Solapur for execution of the said decree. Execution proceeding was initiated and in all a sum of Rs.4,000/- was recovered from the respondent. The said amount was paid by the respondent on different dates. The last payment was made on 18th October, 1988. On that day the respondent-judgment-debtor filed an application before the executing court alleging that the petitioner-decree-holder had agreed to accept a sum of Rs. 4,000/- in full and final satisfaction of the decree. Prayer was made for dismissal of the execution petition or marking the darkhast as satisfied in the light of the above statement. A notice was issued to the petitioner decree-holder on the said application....
Komal Kamlakar Chitnis and ors. Vs. Director, Medical Education and Re ...
Court: Mumbai
Decided on: Sep-27-1994
Reported in: 1995(2)BomCR434
D.R. Dhanuka, J.1. These petitions filed by the various students seeking admission to M.B.B.S. course during the academic year 1994-95 involve consideration of the following questions :---(i) Whether the Rules for selection to M.B.B.S./B.D.S. Courses and particularly Rule 3.3.0 prohibits the candidates like the petitioners passing qualifying examination in March, 1993 as ineligible for seeking admission to M.B.B.S./B.D.S. courses for the academic year 1994-95?(ii) Whether Rules for admission to M.B.B.S./B.D.S. courses for the academic year 1994-95 issued and published by the State Government on 10th June, 1994 and particularly Rule 3.3.0 treats the candidates passing the qualifying examination i.e. H.S.C. (12th Standard) examination in the month of March, 1994 alone as eligible for admission to such courses?(iii) Whether the view taken by the Division Bench of our High Court i.e. Aurangabad Bench Aurangabad in Writ Petition No. 2143 of 1994 and companion matters requires reconsideratio...
National Rayon Corpn. Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-26-1994
Reported in: (1994)51ITD621(Mum.)
1. These are two appeals, one by the assessee against the order of the CIT(A) dated 26-1-1993 while the revenue's appeal is against the order of the CIT(A) passed under Section 154 dated 10-1-1994.2. Ground Nos. 1 to 3 and 12 to 14 in assessee's appeal as well as ground raised by the revenue involve common issue and, therefore, are being disposed of by this common order.3. The issue involved is regarding the ascertainment of liability in respect of power charges payable to Maharashtra State Electricity Board for the purpose of computation of income under Section 28 as well as Section 115J.4. The brief facts of the case are that the assessee-company during the assessment year 1990-91 had made provision of Rs. 3.81 lakhs in its books of account in respect of liability relating to power charges amounting to Rs. 220.01 lakhs and liability of interest thereon amounting to Rs. 80.81 lakhs. The liability admittedly does not pertain to the year in question but pertains to the earlier years, i...
Girni Kamgar Sena and ors. Vs. S.D. Rane and ors.
Court: Mumbai
Decided on: Sep-26-1994
Reported in: [1995(70)FLR60]; (1995)ILLJ1142Bom
Tipnis, J.1. The Girni Kamgar Sena, a trade union and two workers of the Raghuwanshi Mills Ltd., filed this petition challenging the order of the Industrial Court, Bombay. 2. The petitioner No. 1 is a trade union and the workers in the Raghuwanshi Mills Ltd., Bombay are the members thereof. The petitioner Nos. 2 and 3 were employees and working in the spinning department and were members of the petitioner No. 1 union. 3. On 2nd December 1980 all the workers of the respondent went on spontaneous strike at 12 noon. The strike lasted for a couple of hours. The Mills obtained exparte declaration from the Labour Court on 21.2.1981 that the said strike was illegal. Thereafter on 15.3.1981, four identical charge-sheets against the four workers including the petitioner Nos. 2 and 3 were issued by the Mill. The allegations were that they participated in the illegal strike and also incited the operatives to strike work. A regular domestic inquiry was held for the alleged misconduct. The workers ...
Joseph BaIn D'souza and another Vs. State of Maharashtra and others
Court: Mumbai
Decided on: Sep-23-1994
Reported in: 1995(2)BomCR317; (1995)97BOMLR909; 1995CriLJ1316
M.L. Dudhat, J.1. The important question arising for resolution in this writ petition is 'Whether there are reasonable grounds to hold that cognizable offences under sections 153A and 153B of the Indian Penal Code, hereinafter 'the Code', have been committed by respondent Nos. 3 and 4 by publishing articles in the newspaper 'Samna' which are at Exhs. 'A' to 'I' and 'K' to this petition. 2. Petitioner No. 1 in this case is a retired IAS Officer. Petitioner No. 2 is a founder Editor of Business India and Business World and a management consultant. They have sought a direction in the nature of writ of mandamus to respondents Nos. 1 and 2 to register crime under Section 153A and 153B, of the Code against, respondents Nos. 3 and 4 and thereafter proceed in accordance with law. The relevant facts are as under :- 3. After the demolition of Babri Masjid, riots took place in Bombay. During that time respondent No. 3 Editor and respondent No. 4 Executive Editor of newspaper 'Samna' published edi...
Shrikrishna Bhau Parab and ors. Vs. Dr. Mrs. Roshan S. Boyce
Court: Mumbai
Decided on: Sep-23-1994
Reported in: 1995(1)BomCR429; (1994)96BOMLR204
R.G. Vaidyanatha, J.1. This is an appeal against the judgement and Decree dated 29-1--1993 in Short Cause Suit No. 5638 of 1989 filed in the City Civil Court Bombay. I have heard the learned Counsel appearing for both the parties. 2. The few facts which are necessary for the disposal of this appeal are as follows: The respondent-plaintiff filed a suit in the Court below against the appellants for a declaration that the defendants/appellants are trespassers of the suit property and for possession of the suit premises. The suit premises is a temporary shed situate in property bearing No. D-3495(1) at 8-A, Carmichael Road, Bombay 400026. The plaintiff is the owner of the entire property in which the suit property is situated.The plaintiffs case is that deceased Bhau Krishna Parab was working under the plaintiff and her husband as a servant. He was permitted to occupy and use the temporary shed . Some time in February 1980, Bhau Krishna Parab left the services of the plaintiff. Than the pl...
Rev. Father Jerome D'Souza Vs. the State of Maharashtra and Anr.
Court: Mumbai
Decided on: Sep-23-1994
Reported in: 1995(2)BomCR283
M.S. Rane, J.1. The matter herein is peculiar one. Considering its factual aspects and bearing in mind interest of all those involved therein, the same is, with the consent of all the parties, being disposed of at its there should itself.2. The applicant herein is the Principal of St. Teresa High School, 24th Road, Bandra, Bombay. Master Rubin, the son of the 2nd respondent is the student in the said school.3. 2nd respondent, on 14th October, 1991 lodged a complaint at Khar Police Station against the applicant under sections 323, 336 and 337 of I.P.C., which came to be registered by the Khar Police Station as C.R. No. 617 of 1991. After investigation said Police Station submitted report before the Metropolitan Magistrate, 9th Court at Bandra vide Court Case No. 45/P of 1991. The applicant in this petition is seeking the writ from this Court for quashing the proceedings in the said criminal case. 4. The account of the unfortunate episode culminating to the 2nd respondent lodging the com...
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