Mumbai Court September 1994 Judgments
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Tata Press Limited and Another Vs. Mahanagar Telephone Nigam Limited a ...
Court: Mumbai
Decided on: Sep-08-1994
Reported in: AIR1995Bom107; 1995(1)MhLj220
ORDERA. M. Bhattacharjee, C. J.1. Themain question involved in this case is whether the 'Tata Press Yellow Pages' is a 'List of Telephone Subscribers' or a 'Telephone Directory' within meaning of Rule 458 of the Indian Telegraph Rules, 1951. An affirmative answer will warrant dismissal of this appeal, whereas a negative answer will lead us to allow the appeal and set aside the impugned judgment assailed therein.2. In this very Court Room, about four decades ago an appeal was heard by the Division Bench presided over by Chief Justice Chagla. The case related to gold-topped fountain pens and the Customs had contended that gold-topped fountain pens were gold, nevertheless, and, therefore, duty was to be levied upon them, not as fountain pens, but as gold. The duty on the latter was very much higher than on the former. Chief Justice Chagla requested the Advocate-General to hand up to him a specimen of the gold-topped fountain pen which the Customs had adjudged as gold and the learned Chief...
Manohar Brothers (Capacitors) Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-07-1994
Reported in: (1995)(56)LC545Tri(Mum.)bai
1. For hearing the applicant's appeal on merits, they are required to deposit a sum of Rs. 62,03,608 towards duty and a penalty of Rs. 5 lakhs, vide order in original No. 12/94-Collr. (V/Adj(SCN) 15-129/91 B-II) dated 7.6.1994.2. The demand is on two grounds; one is that they have exceeded the maximum small scale exemption limit and thereby demanded Rs. 7.95 lakhs; the other demand relates to inclusion of value of associated equipments like current transformers, lightening arrestors etc.alongwith with the value of the capacitors and capacitor banks which they are manufacturing.3. Shri Parikh, the ld. advocate, appearing for the applicants, pleads that the demand for a sum of Rs. 54.08 lakhs is not sustainable because of the fact that these equipments are independently manufactured by others and are bought out by the applicants and they are not going as parts of the machinery, they are only associated equipments, which are demanded by some of the customers for inspection alongwith the ...
Kasturba Health Society Vs. M/S. National Building Construction Corpor ...
Court: Mumbai
Decided on: Sep-07-1994
Reported in: AIR1995Bom267; 1995(1)MhLj205
ORDER1. In terms of Clause 60 of Contract dated 15-1-1972, the non-applicant appointed one Daljitsingh as an Arbitrator whereas applicant appointed Dr. Agrawal. On 3-10-1983, non-applicant called upon the applicant to supply vacancy, as Dr. Agrawal refused to act as an Arbitrator. As there was a failure, non-applicant approached the civil Court pursuant to Section 8 read with Section 9 of the Arbitration Act, with a prayer that Daljitsingh be appointed as a sole Arbitrator. By the impugned order, the civil Court granted the relief as prayed for. Hence, this revision by original non-applicant.2. Mr. Jaiswal, the learned Counsel for the present applicant, mainly contended that Clause 60 of the Contract provides for appointment of an Arbitrator by each partyto the dispute. According to Mr. Jaiswal, in case of vacancy, the Court under Section 8 of the Act can supply, only by appointing any other person. The Court under Section 8 of the Act has no power to supply the vacancy by directing th...
Ravi Datt Sharma Vs. Union of India and ors.
Court: Mumbai
Decided on: Sep-07-1994
Reported in: [1995(70)FLR263]
M.L. Pendse, J. 1. The petitioner was appointed as Rakshak on January 28, 1962 to work in Railway Protection force, Armed Wing. The petitioner was posted at various stations and was promoted to the post of Naik on May 5, 1976. The petitioner was further promoted on August 8, 1979 to the post of Head Constable and was working in 'K' Company, Bombay since July 31, 1987. On February 22, 1988, a farewell party was arranged in honour of retiring Director General Shri S. P. Banerjee. The party was hosted by Dharmaveer Mehta, Chief Security Commissioner of the Western Railway. the said farewell party preceded by customary guard of honour to the retiring Director General. After the guard of honour was over, the Chief Security Commissioner had arranged for snacks and tea. To participate in the guard of honour, various personnel from various Division of the Railways were summoned and in all 224 members of Railway Protection Force participated in the parade. The Chief Security Commissioner felt t...
Shaikh Ayub Chand Alias Ayub Raje Vs. Maharashtra State Road Transport ...
Court: Mumbai
Decided on: Sep-07-1994
Reported in: (1997)IIILLJ491Bom
1. This Writ Petition under Article 227 of the Constitution of India impugns an Order, dated January 28, 1987 made by the Industrial Court, Ahmednagar, in Complaint (ULP) No. 280 of 1986 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act') 2. The First Respondent is a statutory corporation, which carries on the business of transport of passengers by bus. The Petitioner was employed by First Respondent in the Ahmednagar Division in 1968. He had worked as Artisan A Vehicle Examiner in Shrigonde Depot, in the Ahmednagar Division. The Divisional Controller of the First Respondent is the Competent Authority for carrying out administrative transfers of the staff within the division. 3. The different trade unions representing the workmen employed in different establishments of the First Respondent-Corporation recognised under Chapter III of the Act were given certain facilities. Although ...
Rekha Vasant Hundekari Vs. the NavIn Knitwear and Yarn Winding and Oth ...
Court: Mumbai
Decided on: Sep-07-1994
Reported in: (1997)IIILLJ731Bom
1. This writ petition under Article 227 of the Constitution of India impugns an order of the Industrial Court, Kolhapur, made under the provisions of the Industrial Relations Act, 1946 (hereinafter referred to as'the Act') 2. The Petitioner, a young and enthusiastic woman, was working as a winder in the factory of the First Respondent from November 20, 1977. At the time of employment she had passed first year Commerce Examination and being an ambitious young lady, she simultaneously pursued her education and in the year 1979 she obtained B. Com Degree. After obtaining the degree, perhaps the Petitioner felt it infra dig to do manual work as winder and requested the First Respondent Management to give her a post of Clerk as she was educated. Though, from the year 1979, the Petitioner was given clerical work, it appears that her substantive post remained that of winder and at no point of time she was promoted to work as a Clerk. On February 3, 1980 the Petitioner was retrenched from serv...
Motiram Devji Bawankar Vs. R.R. Bhavsar, Presiding Officer, Labour Cou ...
Court: Mumbai
Decided on: Sep-07-1994
Reported in: (1995)ILLJ716Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India impugns an Award of the Labour Court dated September 10, 1986 made in Reference (IDA) No.725 of 1985 under provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')2. The Petitioner was an employee of the Second Respondent working in its factory at Goregaon, Bombay, as a Turner. He had put in service of about 2-1/2 years and his last drawn salary was Rs. 27.87 per day. According to the petitioner, he had applied for leave on December 11, 1984 and sought leave upto January 3, 1985, and this leave was orally sanctioned by the Foreman of the factory. He thereafter reported for duty on January 3, 1985, but was not allowed to resume work. On January 4, 1985, the petitioner was served with a show cause notice alleging that he had absented himself without leave and permission and calling upon him to show cause why disciplinary action should not be taken against him. The petitio...
Shri Harishchandra Narayan Gaonkar Vs. State of Goa, Through Its Chief ...
Court: Mumbai
Decided on: Sep-07-1994
Reported in: 1995(3)BomCR407; (1995)97BOMLR795
E.S. Da Silva, J.1. This appeal is directed against the judgment and decree of the learned District Judge, South Goa, Margao, dated 23rd August, 1989 in Civil Suit No. 29 of 1981 filed by the plaintiff/appellant (hereinafter called 'the appellant') against the defendants/respondents (hereinafter called 'the respondents') for declaration and permanent injunction whereby the learned trial Court has dismissed the suit with costs.2. The appellant filed a suit in his capacity as one of the co-owners of the property known as 'Deuxeta' situated at Sangolda of Sanguem and it was alleged that a piece of land of that property containing forest produce was demarcated by the respondent No. 2, Conservator of Forests, as 'Plot No. 9 Kasauli Coupe of Sanguem Taluka.' The case of the appellant is that the said piece of land is part and parcel of his property 'Deuxeta'. The said property is registered in the Land Registration Office under No. 5094 and in the Land Revenue Office (Matriz) under Nos. 193,...
Mst. Noor Jehan W/O Salim Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-06-1994
Reported in: 1995CriLJ2154; I(1996)DMC120
1. An important question of law that too of general importance is as to whether a minor child of divorced Muslim wife is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') from his or her father even after he or she has attained the age of more than two years. In other words, the important question of law is whether a divorced woman can claim maintenance from her former husband for the child or children born to her from that husband before or after her divorce even after the child or children have attained the age of two years under Section 125, of the Cr.P.C. despite the provisions of Section 3(b), of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act of 1986'). 2. The undisputed facts are that the petitioner Mst. Noor Jehan married Salim Haji Shakoor on 8-5-1983 and the petitioner No. 2 Baby was born some where in 1984 from the wedlok of the said marriage. The petitioner No. 1 Mst. Noor Jehan...
Lohtse Co-op. Housing Society Vs. Seventh Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-05-1994
Reported in: (1994)51ITD608(Mum.)
1. The assessee is a co-operative housing society and is in appeal before us against the order of the CIT (Appeals), dated 16 12-1993 for assessment year 1990-91.2. The first ground of appeal, shortly stated, is that the CIT (Appeals) erred in upholding the action of the ITO of taxing the sum of Rs. 10 lakhs received from Mr. Parmeshwar Mittal as a casual and non-recurring income chargeable to tax under Section 10(3) of the Income-tax Act, 1961.3. The assessee, who is the purchaser, had signed a Deed for Sale dated 21-2-1968 with M/s. Ram Narayan & Sons Pvt. Ltd., the vendor to buy a piece of land at Juhu, Bombay, wherein one M/s. Bombay Real Estate Corporation was a confirming party. The piece of land sought to be purchased by the assessee was part of a huge land known as Ruia Park belonging to the vendor. One of the covenants mentioned in the aforesaid deed reads as under : No building or buildings or structure or structures shall be constructed or erected on the portion of land...
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