Mumbai Court November 1995 Judgments
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Thorat R.A. Vs. Trinity Udyog and ors.
Court: Mumbai
Decided on: Nov-17-1995
Reported in: (1998)IIILLJ544Bom
B.N. Srikrishna, J.1. These two writ petitions arise under the same set of circumstances and raise common issues of fact and law. Hence they can be conveniently disposed of by a common judgment.2. The petitioner in each writ petition is an ex-employee of the First Respondent concern. The First Respondent is a small concern which was carrying on initially the business of hacksaw cutting activity in its factory on plot No. 151 in S-Block at Bhosari, Pune. Some time in 1980 the First Respondent also started heat treatment operations. Since the place in Plot No. 151 was inadequate for carrying out both hack-saw cutting activity and heat treatment operations, the First Respondent requested the adjoining factory, by name Trinity Forge, to permit the hack-saw cutting operations to be carried out on the adjoining plot No. 152 belonging to Trinity Forge. It is not disputed that there were some, business connections between the First' Respondent (Trinity Udyog) and the said Trinity Forge. There ...
Narayan Naguesh Porob Vs. State and Others Etc.
Court: Mumbai
Decided on: Nov-16-1995
Reported in: 1997BomCR(Cri)859; 1996CriLJ1376
1. This Petition is filed by a de facto complainant against the Order of the learned Judicial Magistrate, First Class, Bicholim in Criminal Case No. 2/S/1993 dated 31-10-1994 whereby the prosecution against the respondents Nos. 2 to 20 was allowed to be withdrawn at the instance of the Public Prosecutor. 2. The accusation against the respondents Nos. 2 to 20 was that they, with deadly weapons, formed an unlawful assembly and criminally trespassed into the Temple of Devi Kelbar, abused with filthy words and threatened the petitioner with dire consequences. They were charge-sheeted by Bicholim Police under Sections 143, 147, 148, 332, 323, 437, 504 and 506 r/w Section 149 IPC. The incident is alleged to have occurred on 9-3-1992 in the premises of the aforesaid Temple. While so, the Under Secretary (Home) Government of Goa, Home Department (General) Panjim vide his letter No. 2/14/93-HD(a) dated 9-3-1994 informed the Director of Prosecution that the Government has decided to withdraw fro...
Siemens India Ltd. Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Nov-16-1995
Reported in: [1997]226ITR801(Bom)
Dr. B.P. Saraf, J. 1. By this reference under s. 256(1) of the IT Act, 1961, made at the instance of the assessee, the Tribunal has referred the following three questions to this Court for opinion : '1. On the facts and in the circumstances of the case, whether the Tribunal had jurisdiction in requiring the lower authorities to ascertain the method of accounting followed by the assessee in recording their liability for payment of pension in their books 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the liability for payment of surtax is not an allowable deduction in computing the total income for income-tax purposes 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the loss arising on account of the foreign remittances and revaluation of foreign liabilities to the extent it relates to acquisition of capital assets is capital expenditure ?' 2. Counsel for the parties are ag...
Bhanuvilas Namdeo Lonkar Vs. Shriram Sahakari Sakhar Karkhana Ltd. and ...
Court: Mumbai
Decided on: Nov-16-1995
Reported in: (1996)ILLJ1195Bom
B.N. Srikrishna, J.1. This Writ Petition under Articles 226 and 227 of the Constitution of India impugns an order dated 29th November 1994 made by the Industrial Court, Kolhapur, in Complaint (ULP) No. 57 of 1993 under the provisions of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, by which the 2nd Respondent was transposed as the Complainant in the Complaint. Also challenged is an order dated 19th April 1995 made by the Industrial Court, Kolhapur, in the same Complaint by which the Complaint itself was dismissed as withdrawn by the 2nd Respondent. 2. The Petitioner is the Joint Secretary of a Trade Union representing the workmen of an erstwhile distillery run by a Co-operative Society by the name Nira Valley Co-operative Distillery Limited at Phaltan. The 1st Respondent is a co-operative society in Phaltan which manufacture sugar. Prior to 3rd October 1991, the co-operative society known as Nira Valley Co-operative Distillery Limited wa...
Smt. Sundarabai Ramchandra Gahile and ors. Vs. the State of Maharashtr ...
Court: Mumbai
Decided on: Nov-16-1995
Reported in: 1997(2)BomCR477
N.P. Chapalgaonker, J.1. By order dated 4-10-1995, Collector, Ahmednagar reserved Chairmanship of Panchayat Samiti, Ahmednagar for the category of backward class of citizens including Vimukta Jati and Nomadic Tribes. This was on the basis of the lots drawn in presence of the officers and the representatives of the political parties in a meeting held under the Chairmanship of the Collector on 29-9-1995. This order came to be challenged in Civil Suit bearing No. 585 of 1995 before the learned Civil Judge, S.D., Ahmednagar. An application for interim relief was also filed. The learned Civil Judge rejected the prayer for the interim relief. In Misc. Civil Appeal No. 342 of 1995 which is still pending before the learned District Judge, 5th Additional District Judge, Ahmednagar was pleased to reject the prayer for the interim relief seeking stay of election of the Chairman of Panchayat Samiti, Ahmednagar. This Revision challenges the Judgment and order passed by the IIIrd Jt. Civil Judge, S....
Manohar Gopal Naik Vs. Subhash Ankush Shirodkar and ors.
Court: Mumbai
Decided on: Nov-16-1995
Reported in: 1996(5)BomCR93
T.K. Chandrashekhara Das, J.1. This petition is filed challenging the election of respondent No. 1 who was returned successfully from 23-Shiroda Assembly Constituency of Goa State which was conducted on 16th November, 1994. The petitioner was one of the contesting candidates for the said Election in 23-Shiroda Assembly Constituency. In all, 8 candidates had contested in that Constituency. These candidates were allotted symbols by the Returning Officer as shown in Form 7-A of Rule 10(1) of the Conduct of Election Rules. The petitioner's name was shown at Serial No. 4 as candidate for B.J.P. and who was allotted symbol of 'Lotus'. The respondent No. 1 was shown in the list of candidates at Serial No. 3 as candidate whose party name is shown as Indian National Congress and the allotted symbol of 'Hand'. In this petition, the petitioner prays, inter alia, as follows :---(a) That the decision given on December 10, 1994 (Exhibit P6) by the Returning Officer of 23, Shiroda Assembly Constituen...
Commissioner of Customs Vs. Hi Lingos Co. Ltd. and anr.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-15-1995
Reported in: (1996)(63)LC617Tri(Mum.)bai
1. Both the Reference Applications have been brought by the Revenue against this Bench Order No. 1695/93-WRB dt. 20.9.1993 and No.1953/93-WRB dated 14.10.1993. In both the cases, the Respondents (appellants in the original appeal) were foreign suppliers of certain goods. On appreciation of various evidences, both of us came to the conclusion that the suppliers cannot claim bona fide in the shipment and hence the ratio of the Supreme Court in Sampatraj Duggar 1992 (52) ELT 163 (SC) cannot be applied. Hence order of confiscation was confirmed, but reduced the redemption fine for reshipment. One of the Respondents M/s Hi Lingos Co. Ltd. went before the Supreme Court challenging the aforesaid order and hence both the Reference Applications were kept pending, in view of the fact that the matter was before the Supreme Court. Now when the Reference Applications are listed for hearing, during the hearing, Shri V.S. Nankani, the ld.Advocate for the applicants, indicated that the Supreme Court ...
Nathani Steels Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-15-1995
Reported in: (1996)57ITD584(Mum.)
1. This is an appeal against the order of the CIT(A)-XIII, Bombay pertaining to assessment year 1991-92.2. The first ground of appeal relates to disallowance of depreciation of Rs. 16,05,238 on buildings and Rs. 1,19,73,538 on plant and machineries installed in Marine Container Division No. II. Assessee is engaged in the business of manufacturing marine containers for the last several years. In order to expand its business, assessee decided to establish its second unit, hereinafter called "MCD-II. During the year under appeal the construction of the building was almost complete.Assessee had also purchased machineries for its MCD-II unit which were also installed in the aforesaid building. It claimed depreciation of Rs. 16,05,238 on the building and Rs. 1,19,73,538 on the plant and machineries belonging to this unit. The Assessing Officer rejected the claim of the assessee on the ground that the building as well as the plant and machineries had not been used inasmuch as the actual prod...
Mannath Balchandran Vs. Forbes Forbes Campbell and Co. Ltd., Bombay an ...
Court: Mumbai
Decided on: Nov-15-1995
Reported in: 1996CriLJ2131; 1996(2)MhLj932
ORDER1. The main petition is directed against the order dated 12th October, 1994, in Criminal Case No. 2/S of 1991 on the file of Additional Chief Metropolitan Magistrate, 40th Court, Girgaum, Bombay. The criminal application is filed alleging that one Mr. S. K. Dighe has committed forgery in signing a fabricated vakalatnama and hence action may be taken under Sections 467, 471 and 193 of the Indian Penal Code. Mr. Dighe has filed reply to this application. Both the main revision and the criminal application are heard together and are disposed of by this judgment. 2. The facts which are necessary for the disposal of this revision application are as follows :- The petitioner-accused was working as a General Manager in the first respondent Company called as 'Forbes Forbes Campbell & Co. Ltd.' He was given a flat for his residence by virtue of his appointment as an officer of the company. It appears the petitioner resigned his job by giving three months notice dated 20th October, 1987, bu...
i.B. Inamdar Vs. the B.E.S.T. Undertakings and ors.
Court: Mumbai
Decided on: Nov-15-1995
Reported in: [1996(73)FLR1279]; (1996)IIILLJ694Bom
B.N. Srikrishna J. 1. This Writ Petition under Article 226 and 227 of the Constitution of India is directed against an Order dated 24th December, 1992 made by the Industrial Court, Bombay in Appeal (IC) No. 36 of 1990 under Section 84 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the Act') 2. The Petitioner was employed as a Bus Driver in the service of the First Respondent, which is an undertaking of the Bombay Municipal Corporation which, inter alia, carries on the business of transport of passengers by bus in Greater Bombay. 3. On 23rd October, 1984 at about 10.15 a.m. one Ambedkar, Assistant Traffic Officer No. 3, was distributing pay cards of ex gratia payment to the employees of Deonar Depot. The Petitioner was not given any such pay ticket as he was not eligible for the said ex gratia payment. The Petitioner accosted Ambedkar and demanded that he be given a pay ticket. When Ambedkar informed the petitioner that no pay ticket could be given to him as t...
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