Mumbai Court January 1995 Judgments
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Vilas Shankar Joshi Vs. Maharashtra State Seed Corporation Ltd. and or ...
Court: Mumbai
Decided on: Jan-18-1995
Reported in: [1995(71)FLR372]; (1996)IIILLJ546Bom
1. This writ petition under Article 227 of the Constitution of India is directed against the order of the Industrial Court, Kholapur, dated 10th November, 1986, dismissing a Complaint (ULP) No. 152 of 1985 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 Petitioner had been working with the First Respondent Corporation since the year 1976. Four other employees. J. B. Pardeshi, R. J. Kalgonde, D. J. Bhartiya and G. M. Sakharkar, were also doing the work of similar nature and were appointed in the years 1977, 1979, 1979 and 1979 respectively. They were admittedly junior to the Petitioner in service. There were five vacancies of the post of Accountants for which the Petitioner and his co-employees were interviewed. 3. Rule 12 of the Staff Rules dealing with promotion provides that promotion shall be made on the basis of merit and that when merit of two or more employees is...
Smt. Yvette Pereira A.E. Costa Wd/O Francisco E. Da Costa Vs. State of ...
Court: Mumbai
Decided on: Jan-18-1995
Reported in: 1996(5)BomCR160
E.S. Da Silva, J.1. Rule made returnable forthwith by consent.2. The challenge in this petition is the order of the Government dated 27th December, 1990 purporting to revoke its earlier order dated 20th September, 1989. Therefore, a prayer is made by the petitioner seeking for a writ of certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction to quash and set aside the impugned order along with an additional prayer for a writ of Mandamus or a writ in the nature of Mandamus commanding the respondents to restore the order dated 20-9-1989.3. It is the case of the petitioner that she is the widow of Shri Francisco Joao A. D'Costa who has served as 'Escrivao de Juizo do Julgado Municipal de Diu' in which post he retired. He, however, expired on 18th October, 1993. The deceased husband of the petitioner was appointed in the Government service under direct recruitment to the said post of 'Escrivao' after liberation of Goa, Daman and Diu in the Court o...
Smt. Kausalyabai Wd/O Natthu Paraskar and ors. Vs. Ramchandra S/O Satb ...
Court: Mumbai
Decided on: Jan-18-1995
Reported in: 1995(4)BomCR619
R.M. Lodha, J. 1. By this petition filed under Articles 226 and 227 of the Constitution of India the original petitioner Nathu (since deceased and now represented by the legal representatives) has challenged the legality and correctness of the order dated 21-6-1989 (Annexure H) passed by the Rent Controller, Nagpur suo motu revoking previous orders dated 5-11-1988 and 2-5-1989.2. The learned Counsel for the petitioners' contention is that the Rent Controller has no jurisdiction under the C.P. & Berar Letting of Houses and Rent Control Order 1949 (hereinafter referred to as the Rent Control Order, 1949), to review his order suo motu or otherwise passed under the Rent Control Order, 1949.3. The facts in brief leading to the present litigation are that the original petitioner Nathu Paraskar filed an application before the Rent Controller, Nagpur seeking permission to issue quit notice to the non-applicant Shri Ramchandra under Clause 13(3)(vi) of the Rent Control Order, 1949. It was averr...
Mahendrabhai S/O Purushottam Patel Vs. Vasant Mahadeorao Sangole
Court: Mumbai
Decided on: Jan-18-1995
Reported in: 1995(4)BomCR683; (1995)97BOMLR68
R.M. Lodha, J. 1. Mahendrabhai, who is a tenant occupying a block bearing No. 208/1 situated in Rukhmini Nagar, Amravati (hereinafter referred to as 'the tenant') has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20-12-1988 passed by the Resident Deputy Collector, Amravati in Review Case No. 38/71(2)/88-89 allowing partly the review application and consequently permitting the respondent - landlord (hereinafter referred to as 'the Landlord') to issue a quit notice to the tenant under Clause 13(3)(vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as 'the Rent Control Order').2. The relevant facts are that the tenant took the premises in dispute from the original owner Vishwanath Bundamal Sachdeo on rent of Rs. 150/- p.m. excluding the electricity charges. The landlord purchased the property comprising southern side half portion of the house bearing No. 208/1-2 situated in Rukhmi...
R.S. Yadav, Electropho Copiers Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-17-1995
Reported in: (1995)(57)LC411Tri(Mum.)bai
1. This appeal arises out of and is directed against the Order-in-Original passed by the Collector of Customs (Airport), Bombay.2. The appellant is the sole proprietor of M/s. Electropho Copiers, New Delhi. He filed a bill of entry No. 2735/5/4 dt. 17.5.1989 through a clearing agent M/s. Om Clearing Agency, Bombay for clearance of the consignment declared to be components of photocopying machines.According to the Department a specific information was received by the Officers of Directorate of Revenue Intelligence, Bombay Zonal Unit that a Delhi based party is regularly importing computers, photocopiers and fax machines in dismantled condition and that they are grossly underinvoiced. The information further indicated that a consignment of photocopying machines has been imported by the said party in the name of M/s. Electro Copiers, WZ-2, near Bus Stop, Palam, New Delhi and the same is lying in the Air Cargo Complex for clearance under Bill of Entry No. 2735/5/4 dt. 17.5.1989 and that t...
Union of India (Uoi) Through General Manager, South Central Railway Vs ...
Court: Mumbai
Decided on: Jan-17-1995
Reported in: (1995)97BOMLR411
N.D. Vyas, J.1. This is an appeal preferred by the original defendants against the judgment and decree dated 3rd May, 1985 passed by the Civil Judge, Senior Division, Satara in Special Civil Suit No. 38 of 1983 whereby the trial Judge has decree the plaintiffs suit in its entirety.2. The plaintiff, a registered co-operative society, filed the suit claiming return of Rs. 55,269,50 being the total amount of earnest money and security deposit in respect of tenders for the years 1974-75 to 1981-82 awarded to the plaintiff. The tenders were in respect of lifting of coal ash between Pune and Miraj. It was the plaintiffs case that though it became entitled to the return of the said amount as the contract was completed, despite demands made, the same was not returned. The appellants - defendants had raised several pleas. Only one of them is required to be considered at this stage. It was the appellants' contention that as per the terms of the contract, the plaintiff .was required to supply cin...
Collector of Central Excise Vs. Colour Cartons Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-16-1995
Reported in: (1995)(57)LC23Tri(Mum.)bai
1. The only limited issue in the present appeal is as to whether (1) Printed Wrappers; (2) Printed/Unprinted poly bags and (3) Printed and Unprinted Cello/Poly and Cello/Cello laminates in reels are the products of the Printing Industry and as such are exempted from payment of duty of excise under Notification No. 55/75 dated March 1, 1975 as amended from time to time? 2. Brief facts leading to the said controversy are that the respondents M/s. Colour Cartons Ltd., Bombay are the manufacturers of various printed and unprinted products falling under Tariff Item 68 for which they filed their classification list No. 1/81-82 dated 19.4.1981 claiming exemption under Notification No. 55/75 dated 1.3.1975 as the products of Printing Industry. However, out of the 11 products in respect of which the said classification list was filed by the respondents the Assistant Collector of Central Excise, Bombay denied the benefit of said Notification No. 55/75 in respect of the products, namely, (1) Pri...
Wasudeo Gulabrao Deshmukh Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jan-16-1995
Reported in: AIR1995Bom390; 1995(2)MhLj160
ORDERH. W. Dhabe, J.1. Parties by counselRule heard forthwith.2. The petitioner claims in this writ petition a writ of mandamus or any other appropriate writ, order or direction to strike down clauses (i) and (iii) of Bye-law No. 30 of the Bye-laws of the respondent No. 3 Bank and also the relief that his tenure as Chairman o,f the respondent No. 3 Bank should be declared conterminous with the term of its Board of Directors.3. Briefly the facts are that the respondent No. 3 Bank is an Urban Co-operative Bank registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short the 'Act'). The S t ate Government has issued an order dated 5-1-1990 published in the Maharashtra Government Gazette dated 22-2-1990 notifying that the Urban Co-operative Banks in the State having paid-up capitalfrom Rs.25,00,000/-to Rs. l,00,00,000/-are deemed to be notified societies for the purposes of Section 73-1C of the Act so that the elections to the said societies are held in ac...
Joao Azavedo Vicente Paulo Fernandes Vs. Clara Rodrigues
Court: Mumbai
Decided on: Jan-16-1995
Reported in: 1996(5)BomCR155
E.S. Da Silva, J.1. These three references which arise out of Decrees of Annulment sent by the Patriarchal Tribunal of Goa and Daman duly ratified by the Metropolitan Tribunal of the Archidocese of Bombay can be conveniently disposed of by common judgment since they raise the same questions of fact and law.2. The references were made consequent upon the note dated 19th July, 1994, put up by the Special Officer in view of an earlier order passed by Kamat, J., on a similar note which is dated 26th April, 1994. By the aforesaid order, Kamat, J., directed that the subject-matter of the References required a fresh look and therefore whatever Decrees had come up to that time for execution should be forwarded to the office of the Registrar of Marriages as per the practice followed and no more until further orders.3. The subject of the controversy is that under the prevailing law in this State, which is the successor of the former Union Territory of Goa, Daman and Diu, the Decrees of Annulment...
Collector of Central Excise Vs. India Coffee and Tea Distributing
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-12-1995
Reported in: (1995)(58)LC67Tri(Mum.)bai
1. The facts of the case in brief are that the respondents are engaged in the manufacture of pillion seats for scooters, Auto Rickshaw driver/passenger seats, tractor seats, and seats for jeep etc. These products were classified as "Latex Foam Sponge" falling under Item 16-A(1) of the Central Excise Tariff by the Assistant Collector of Central Excise. Being aggrieved by the order passed by the Assistant Collector the respondents filed an appeal before the Collector of Central Excise (Appeals), Bombay seeking the classification of the disputed goods under Item 34-A of the Central Excise Tariff. The Appellate Collector of Central Excise, Bombay vide his order dated 20.12.1976 held that the appeal would lie to the Central Board of Excise & Customs in view of the earlier order passed by the Collector of Central Excise on 10.3.1976 and advised the respondents to obtain an appealable order from the Collector. The respondents thereafter approached the Collector for passing the appealable...
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