Mumbai Court April 1995 Judgments
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Sajida Vs. Aziz Abdulla Dasurkar and anr.
Court: Mumbai
Decided on: Apr-04-1995
Reported in: II(1996)DMC632
G.R. Majithia, J.1. The petitioner has challenged the order of Metropolitan Magistrate, 33rd Court, Ballard Pier, Bambay, dated July 30, 1994, allowing her a sum of Rs. 5,000/- as fair and reasonable maintenance for the 'Iddat' period and also return of some articles which were given to her at the time of marriage, in this criminal writ petition.2. The petitioner had challenged the order of the Metropolitan Magistrate in Criminal Appeal No. 516 of 1994 in this Court. The appeal came up for hearing before a learned Single Judge on October 5, 1994 and the learned Single Judge granted relief to the appellant to convert the criminal appeal into writ petition.3. The factual matrix is as under :The petitioner was married to Aziz Abdulla Dasurkar - respondent No.l- (hereinafter 'the respondent') on May 19, 1984. She was divorced on October 14, 1985. The respondent remarried on December 24, 1985 and out of this wedlock he has progeny.The Muslim Women (Protection of Rights on Divorce) Act, 1986...
Collector of Central Excise Vs. Bajaj Auto Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-03-1995
Reported in: (1996)(83)ELT654Tri(Mum.)bai
1. This is an appeal against the order in appeal No. HN-357/PN-81/87(F.No. V-2(68) 510/85), dated 7-5-1987 allowing the appeal of the respondents.2. The main issue relates to incentive rebate in respect of the goods manufactured and cleared during the period 1-3-1982 to 28-2-1983 in terms of Not. No. 283/82, dated 27-11-1982 under Rule 56AA. The question calls for interpretation in the appeal is relating to the term" 'closed' referred to in the base clearance in the explanation in the said notification-which reads as below : "base clearance" - (a) in the case of a factory which had not remained closed for a period of more than 15 days at one time during the base period due to any reason .... (b) In the case of factory which had remained closed for a period of more than 15 days at one time during the base period due to any reason ....3. It was pleaded by the respondents that the fact of lock out was intimated to the Department. The lock out was effective from 25-9-1981 to the third shi...
Baburao P. Tawade and ors. Vs. Hes Ltd. Bombay and ors.
Court: Mumbai
Decided on: Apr-03-1995
Reported in: 1995(4)BomCR144; (1997)IIILLJ265Bom
B.N. Srikrishna, J.1. This is a writ petition under Article 226 and 227 of the Constitution of India directed against an order of the Industrial Court, Bombay, dated 26th September 1988, made in Application (IDA) No. 1245 of 1982 under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioners are workmen employed in the first respondent company in its factory at Jogeshwari, where it manufactures timepieces and allied horological equipments. The workmen of the first respondent were formerly represented by a registered trade union, known as 'Engineering Mazdoor Sabha', which has entered into a settlement dated 31st December 1973, with the first respondent on the conditions of service of the workmen. The settlement of 1973 expired on 30th June 1976. The Engineering Mazdoor Sabha gave a notice of termination of the said settlement and put forward a fresh charter of demands. In the meantime, another registered trade union, by name Associ...
Standard Chartered Bank Vs. Deputy Commissioner of Income-tax.
Court: Mumbai
Decided on: Apr-03-1995
Reported in: [1995]54ITD570(Mum)
ORDERPer Shri V. Dongzathang, Vice-President - These cross-appeals are directed against the orders of the CIT (Appeals) for the assessment years 1989-90 and 1990-91.2. The assessee is an International Bank functioning in India through 24 branches located in different parts of the country. For the accounting period from 1-1-1988 to 31-3-1989, relevant to the assessment year 1989-90, the assessee filed a return showing an income of Rs. 20,63,98,977. The Assessing Officer made an assessment under section 143(1) (a) of the I.T. Act, wherein a sum of Rs. 5,81,15,549, being the interest accrued but not due on securities at the close of the year, was included in the assessable income and also levied an additional tax under section 143(1A) of the Act. The assessee sought for rectification of the said intimation sent under section 143(1) (a) on the reasoning that the addition was not covered by the above provisions. The Assessing Officer rejected the application. On appeal, the CIT (A) allowed ...
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