Mumbai Court December 1995 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bharatkumar R. Ruia and anr. Vs. Union of India and ors.
Court: Mumbai
Decided on: Dec-06-1995
Reported in: [1996(74)FLR2259]; (1997)IIILLJ212Bom; 1996(2)MhLj331
R.G. Vaidyanatha, J. 1. This is Criminal Writ Petition for quashing certain criminal proceedings. Heard both the sides. 2. The concerned Officer under the Employees' State Insurance Act filed the complaint in the Court below alleging that the petitioners have committed an offence of criminal breach of trust in not depositing the Employees' State Insurance contribution collected from the employees with the Department and thereby committed an offence punishable under section 406 of the Indian Penal Code. On the basis of two complaints criminal cases are registered by the learned Magistrate which are mentioned in the petition. 3. Being aggrieved by the initiation of the criminal proceedings, the petitioners have filed this Criminal Writ Petition challenging the validity and continuation of the prosecution against them. Two argument were urged in support of the petition. Once is that the petitioners are not the principal employers or occupier of the company in question and therefore, they ...
Madhukar Damu Patil Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-05-1995
Reported in: 1996CriLJ1062; 1997(1)MhLj581
Vishnu Sahai, J.1. The appellant aggrieved by the judgment and order dated 26th June, 1995 passed by the Additional Sessions Judge, Dhule in Sessions Case No. 76 of 1991 convicting and sentencing him (i) under Section 328 read with S. 34 I.P.C. to 5 years R.I. and a fine of Rs. 500/- in default to further undergo two months R.I. and (ii) under Section 379 read with S. 34 I.P.C. to one year R.I. and to pay a fine of Rs. 500/- in default to further undergo two months R.I. the substantive sentences to run concurrently has come up in appeal before me. 2. The prosecution case in brief runs as follows :- The informant Sumanbai Shankarrao Borase, P.W. 1 was a resident of Andheri, Bombay. On 23-5-1991, she was to proceed from Shirpur to Vikharan for attending a marriage. At about 10-10-30 a.m. while she was at the S.T. Bus stand at Shirpur, waiting to catch a bus for Vikharan, two unknown persons came near her and enquired from her as to where she was going. She replied that she was proceeding...
Asha Sangram Rane (Smt.) Vs. Shivaji University and ors.
Court: Mumbai
Decided on: Dec-05-1995
Reported in: (1998)IIILLJ50Bom
B.N. Srikrishna, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India is directed against an order of the Industrial Court, Kolhapur, dated April 17, 1989, made in Complaint (ULP) No. 105 of 1988 under Section 28 read with Items 5, 6, 9 and 10 of Schedule IV 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 University set up i under the Shivaji University Act, 1974, the Second Respondent the Registrar of the said University, the Third Respondent is a Member of the Industrial Court, Kolhapur, and the Fourth Respondent is the State of Maharashtra. The Petitioner is a Master of Arts and Bachelor of Library Science. She was appointed as Senior Library Assistant in the first Respondent University with effect from August 18, 1978 on daily wages of Rs. 10/- (Rupees ten only). Though her appointment was stated to be for a period of four months from Au...
Mrs. Madhavi Satish Jadhav Vs. Government Ayurved College Through Its ...
Court: Mumbai
Decided on: Dec-05-1995
Reported in: 1997(2)BomCR479
N.P. Chapalgaonker, J.1. Heard Shri V.J. Dixit for the petitioner and Shri V.B. Ghatage for the respondents Nos. 1, 2 and 4.2. Petitioner seeks admission to the post graduate courses in Ayurvedic science conducted at Government Ayurved College, Nanded. Petitioner challenges the reservation roster prepared by authorities on the ground that the 200 point roster which is applicable for direct recruitment in the Government service in the State of Maharashtra should be made applicable to the admissions in Ayurved College also. Shri Dixit, appearing on behalf of the petitioner, contends that if the Government has decided to have the reservation for backward classes in admissions to the post graduate classes, only course available is to implement 200 points roster which is annexed at page 35 in the compilation of this petition and it cannot prepare a different roster.3. Post graduate teachers who are qualified to take the students for post graduation in Ayurved are available at Nanded College...
Pannalal Shanti Swaroop Vs. Chief Election Commissioner and Others
Court: Mumbai
Decided on: Dec-04-1995
Reported in: AIR1996Bom131; (1996)98BOMLR230
ORDER1. This is an election petition filed by the petitioner challenging the validity of the election of respondent No.3 He has impleaded respondents 1, 2 and 4 viz. Chief Election Commissioner, Returning Officer, Vasai-61 and Superintendent of Police, respectively as parties to the election petition. The first respondent, the Chief Election Commissioner, has filed an application dated 25-8-1995 to strike off the first respondent from the petition. The Returning Officer, respondent No.2 has also filed a similar application for striking down his name and that application is numbered as Chamber Summons No.1079 of 1995 Similar application is filed by Superintendent of Police, respondent No. 4 to delete him from the cause title of the petition and that application is numbered as Chamber Summons No, 1100 of 1995. The petitioner has filed reply opposing all the three applications. Heard the petitioner who is in person and the learned Counsels appearing for the respondents.2. The petitioner h...
S.M. Dubash, and Others Vs. V.V.M. Bhosale, and Others
Court: Mumbai
Decided on: Dec-04-1995
Reported in: 1996(5)BomCR214; 1996CriLJ2136
ORDER1. This is a petition under Section 482 Cr.P.C. and under Article 227 of the Constitution of India challenging the issue of process against the petitioners in Criminal Case No. 307 of 1988 on the file of Chief Judicial Magistrate, Thane. Heard both the sides. 2. The first respondent-complainant filed a complaint against the third respondent and the petitioners for offences under the Air (Prevention and Control of Pollution) Act, 1981, the allegation of the complainant is that the accused No. 1 (respondent No. 3) is a company and accused Nos. 2 to 5, the present petitioners are the Chairman, Managing Director, Director and Factory Manager of the said company. That the company is having a factory where it is using lead press, lead oxide, etc. as raw materials. That the accused have failed to provide suitable arrangements to protect emission to satisfy standards prescribed under the Act and the rules. Hence it is alleged that the accused have violated many of the provisions of the Ac...
Commissioner of Central Excise Vs. Rhone Poulenc (i) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-01-1995
Reported in: (1996)(84)ELT552Tri(Mum.)bai
1. Both the appeals have been brought by the Revenue against the same Order-in-Appeal No. R-717-718/B. II/90, dated 19-4-1991 passed by the Collector of Central Excise (Appeals), Bombay.2. The following facts are not disputed. In both the cases, demands have been issued within the normal period of six months. The Collector (Appeals) has vacated the proceedings by setting aside the orders passed by the Assistant Collector confirming the demand and imposing penalties and directed the Assistant Collector to put up the papers to the jurisdictional Collector for such action as deemed fit by him. The aforesaid order was passed holding the view that the show cause notices allege that the Respondents have wilfully availed of wrong notional higher credit and the Assistant Collector has imposed penalties on the Respondents and hence proviso to Section 11A of the Act is attracted, wherein suppression or wilful mis-statement is alleged in the notice and the competent authority to adjudicate the c...
Concast (India) Educational Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-01-1995
Reported in: (1996)57ITD599(Mum.)
1. This appeal by the assessee is directed against the order of the Commissioner of Income-tax (Appeals)-XIII, Bombay and pertains to the assessment year 1987-88. Four grounds taken by the assessee in this appeal project the following grievances : 1. The Assessing Officer and CIT(A) ought to have held that the Trust was not established for charitable purposes. 2. Without prejudice to Ground No. 1, the Assessing Officer and CIT(A) ought to have held that the Trust was not established wholly for charitable purposes. 3. It is submitted that ITAT hold that even though registration under the Bombay Public Trusts Act was given and registration under Section 12A of the Income-tax Act, 1961 was given and exemption under Section 80G was conferred, if the Trust was not established wholly or partly for charitable purposes, then the mere fact that such registration was granted would not make the Trust a charitable trust. 4. The donations/gifts received by the assessee-Trust were not income in the...
Hajrabi Abdul Gani Vs. Abdul Latif Azizulla and Another
Court: Mumbai
Decided on: Dec-01-1995
Reported in: AIR1996Bom192; 1996(2)BomCR626; (1995)97BOMLR121
ORDER1. The petitioner is a tenant of a premises owned by the respondent. The respondent had filed a suit against the petitioner for recovery of rent and possession of the premises. The suit was dismissed by the Joint Civil Judge, Junior Division Nasik on ground that the statutory notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Act') had not been served on the petitioner (tenant) It may be mentioned at this stage that the notice in question had been sent by the respondent-landlord by registered post which was received back by him with the postal endorsement 'refused'. According the landlord, the return of the notice with above endorsement amounted to deemed service of the notice, The tenant (petitioner Herein) denied on oath the correctness of the endorsement. According to her, on the material date viz., 11th September, 1974 when she is alleged to have refused to accept the registered letter, she was not event in Nasik. She had left for...
J.K. Corporation Ltd. Vs. Board of Trustees of Port of Bombay
Court: Mumbai
Decided on: Dec-01-1995
Reported in: 1996(83)ELT21(Bom)
1. By this petition, Petitioners seek a declaration that the auction of 28,000 kgs. of Balanced Polyester Films by B. P. T. on 21-9-1995 is illegal, bad in law, null and void and that the said auction be set aside.2. The facts giving rise to this writ petition, briefly, are as follows :- The first Petitioners imported the above goods from France for actual use in the manufacture of Audio Magnetic Tapes. The consignment arrived in Bombay in February 1995. Pending arrival of the said consignment, the first Petitioners applied for Advance Licence to the Director General of Foreign Trade to enable to first Petitioners to clear the consignment without payment of customs duty. According to the first Petitioners, they were issued Advance Licence in September 1994 but without DEEC book (Import). The Bill of Entry was filed in February 1995. The goods arrived in February 1995. According to the Petitioners, they were pursuing with the Officers of the Director General of Foreign Trade for issue o...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »