Mumbai Court October 1997 Judgments
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Maharashtra State Road Transport Corporation and anr. Vs. Durgadas Ram ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(2)ALLMR339; [1998(79)FLR247]; 1998(1)MhLj693
F. I. Rebello, J.1. Rule. By consent rule heard forthwith. These are two cross petitions, one filed by the employer and the other by the employee against the order dated 13-1-1996 passed by the Industrial Court, Nagpur. By the said order, Industrial Court has directed the petitioner in W.P. No. 2691/96 to withdraw unfair labour practice which he has held, has been committed by the petitioner and to fix pay of the complainant in the time scale as per the provisions of Clause 49 of Settlement of 1956 with effect from 16-1-1987. It is further pointed out that the monetary benefits should be paid from the date of complaint. i.e., 9-1-1992.2. The short facts of the case may now be set out. It was the case of the respondent that he was working as sweeper in a permanent post with the Corporation. It was his further case that he was working in the same post from 1975 till the date of complaint and has rendered more than 17 years of service. It was his contention that he was being denied rights...
M/S. Video Master and Another Vs. M/S. Nishi Productions and Others
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(1)ALLMR620; 1998(3)BomCR782
ORDERA.Y. Sakhare, J.1. By this motion, plaintiffs are praying for various reliefs in respect of cinematograph film 'BEES SAAL BAAD'.2. Plaintiffs have filed this suit for declaration that plaintiff No. 1 has sole and exclusive video copyrights in respect of aforesaid cinematograph film for period of 10 years from 27-1-1989, plaintiff No. 1 alone is entitled to make video cassettes, discs, tapes, grams or any other video format of the said film, plaintiff No. 1 alone is entitled to exhibit, exploit, broadcast, cause to be broadcast, exhibited, and exploit the said film by use of video format and to sell or give it on hire etc. video cassettes of the said film. Plaintiffs have also claimed that assignment of satellite TV broadcasting rights in favour of defendant No. 3 or defendant No. 4 by defendant No. 1 be declared as violative and infringing the sole and exclusive video copyrights assigned in favour of plaintiff No. 1 under the agreement. Other consequential reliefs are also prayed ...
Chandrabhan S/O Rama Dhengle Vs. Indarbai W/O Chandrabhan Dhengle and ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(5)BomCR191; (1998)1BOMLR349; 1998(1)MhLj234
ORDERA.D. Mane, J.1. This is a criminal writ petition under Article 226 read with Articles 21 and 22 of the Constitution of India, arising out of following set of circumstances.2. The petitioner is citizen of India and permanently resides in village Pimpalwadi, Taiuka Kallam, District -Osmanabad. The petitioner submits that he is a peace loving citizen and also law abiding citizen. He is agriculturist by occupation. He is married and is having two sons and one daughter. The respondent No. 1 Indirabai is his legally wedded wife. On 24-4-1995 Indirabai filed a complaint against him in Police Station Kallarn, inter alia, alleging that she was beaten by the petitioner and the petitioner is in habit of abusing her. She has further alleged that the petitioner removed the hut and sold some household articles and kept the wife and the children without any shelter.3. The respondent No. 2 was working as P.S.I. at Kallam at the relevant time. On receiving the complaint from respondent No. 1, he r...
A.K. Sahdev and Another Vs. Ramesh Nanji Shah and Another
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(5)BomCR738; 1998CriLJ2645
ORDERA.B. Palkar, J.1. By this petition, the petitioners, who are the officers of Enforcement Directorate of the Government of India. Mumbai, seek quashing of Criminal Case No. 4/S of 1996 initiated against them in the Court of the Metropolitan Magistrate, 3rd Court, Esplanade, Bombay, at the instance of respondent No. 1.2. According to the petitioners, respondent No. 1 is a Non-resident Indian. The Income-tax Department forwarded to the Enforcement Directorate for further proceedings certain diaries and documents which had been seized by the Income-tax Department from the premises of respondent No. 1 Ramesh Nanji Shah during their investigation. Respondent No. 1 had admitted in correspondence that the said diaries and documents belonged to him and are in his hand-writing. According to the petitioners the said diaries and documents revealed illegal transactions in the nature of 'havala' on a large scale running into crores of rupees. The said havala transactions were carried out by the...
Mukund Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-20-1997
Reported in: (1998)(75)LC886Tri(Mum.)bai
1. The appellants as contractors of Steel Authority of India Ltd; Rourkela Steel Plant in Orissa, have been entrusted with the setting up of gas cleaning plant as part of Basic Oxygen Furnace shop. For this purpose the appellants entered into an agreement and signed a contract on 27.2.1993 with M/s. Davy Mckee (Stockton) Ltd. by which M/s. Davy were to provide basic design and drawing and also supervise the detailed engineering, erection and commissioning of the gas cleaning plant in India and were also to undertake training of personnel abroad.They were also to render technical services and undertake guarantee test for the efficient functioning of the gas cleaning plant. The fabrication, manufacture etc. are to be done in India with indigenous goods based on the designs supplied by M/s. Davy.2. In pursuance of the agreement a consignment of Design and Engineering Drawings were imported at Mumbai Customs, Air Cargo Complex fox which Bill of Entry was filed on 20.8.1996. The Asstt. Com...
Standard Plates and Vessel P. Ltd. Vs. Commissioner of C Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-20-1997
Reported in: (1998)(97)ELT430Tri(Mum.)bai
1. The appellants are job workers who are operating under Notification 305/77. They received raw materials from their customer M/s. Buckau Wolf who obtained it from Steel Authority of India (SAIL). As per the provisions of Notification 305/97 the appellants had filed a price list based on the price of the product given to them by their customer.Proceedings were initiated against the appellants with the issue of show cause notice showing that the appellants have failed to declare the correct assessable value of the goods manufactured by them out of the raw material supplied to them by Buckau Wolf. This is based on the department's discovery that the arrangement between Buckau Wolf and SAIL included a price escalation clause according to which there was modification of the price of the material from time to time which, the department alleged, the appellants failed to include in their price list. The show cause notice dated 19-3-1991 invoked the longer period and demanded the duty betwee...
Shankar Yeshwant Kadam Vs. Khashaba Nana Nimbalkar and Another
Court: Mumbai
Decided on: Oct-20-1997
Reported in: 1998(2)ALLMR226; 1998(3)BomCR222
ORDERS.S. Nijjar, J.1. This petition under Article 227 of the Constitution of India has been filed with a prayer that the orders passed by the Tenancy Aval Karkun, Satara in Tenancy Case No. 58 of 75 dated 30th November, 1977, the order in Appeal passed by the Sub-Divisional Officer, Satara Division, Satara in No. TNC 71/78 dated 27th November 1981 and the order passed in Revision No. M.R.T. NS.IX.1/82 (TEN. B. 264/(2) Pune passed by the Maharashtra Revenue Tribunal dated 13th December, 1983 be quashed and the original application for restoration of possession of the suit lands filed by the petition be granted with costs throughout.2. The dispute in this petition relates to the following agricultural lands situate at village Kondave, Tal. Satara in Satara District, hereinafter referred to as 'the suit lands.'R.S. No.AreaAssessment AG.Rs. Ps.22/4-B2-008. 2598/41-217. 56The petitioner claims to be the landlord of the suit lands. The respondent No. 1 is in possession thereof as a tenant. ...
Dr. (Mrs.) Arti W/O Ramesh Kulkarni Vs. Dr. Ramesh U. Kulkarni and anr ...
Court: Mumbai
Decided on: Oct-20-1997
Reported in: (1998)100BOMLR118
S.S. Parkar1. All these writ petitions involve common facts and raise a common question of law with regard to the stage at which a Court can in the exercise of power under Section 73 of the Indian Evidence Act call upon the accused to give his specimen signature or handwriting and refer it for the opinion of the handwriting expert. The said question arose pursuant to the applications filed by the petitioner complainant in private complaints filed by her against Respondent No. 1, who is her husband, in which she made applications to the trial Court to obtain her signature in the handwriting of the accused and the contents of the disputed letters in his handwriting for sending to the Additional Chief State Examiner of Documents, C.I.D., Bombay, for his opinion. Few facts which led to the present controversy, briefly stated, are as follows.2. The petitioner - wife had purchased shares of different companies jointly in her name and in the name of her husband. Her name stood first in all sh...
Ex-surgeon Commander Bhaskar Roy Vs. Union of India and ors.
Court: Mumbai
Decided on: Oct-17-1997
Reported in: 1998(1)MhLj220
T. K. Chandrashekhara Das, J.1. The Petitioner was serving in Indian Navy as Doctor in the post of Surgeon Commander. He was subjected to trial by Court Martial for the offence punishable under section 354 of the Indian Penal Code and for violation of certain Navy Rules of discipline. After the trial by Court Martial by the impugned order dated 29th November, 1995, he was found guilty under section 354, Indian Penal Code and under Sections 68, 77(2) and 74 of the Navy Act, 1957 and sentenced to undergo R.I. for 24 calendar months. He was also dismissed with disgrace from the Naval Service as a consequential penalty. Against this Order, Petitioner filed a Writ Petition before this Honourable Court as Criminal Writ Petition No. 1334 of 1995 and the aforesaid Writ Petition was disposed of by the Judgment dated 18th December, 1995 with direction to the Reviewing Authority to dispose of the Petitioner's Appeal/representation within four weeks. Accordingly, the Reviewing Authority has passed...
Sudhakar Shankar Gawli Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Oct-17-1997
Reported in: 1998(2)ALLMR723; 1998(4)BomCR515; (1998)1BOMLR525
ORDERAshok A. Desai, J. 1. The petitioner is rendering services as Conductor with respondent State Transport Corporation. He was appointed against the post earmarked for Scheduled Tribe. He claimed himself to be Thakar and as such Scheduled Tribe. On 28-9-1989 the Divisional Controller of the State Transport made a reference to the Scrutiny Committee constituted by Government Resolution dated 23rd January 1985 for verification of his caste claim. The Scrutiny Committee invalidated the claim of the petitioner. 2. Mr. Nargolkar, the learned Counsel while questioning the correctness of the impugned decision dated 24-3-1994 mainly and principally raised the question that the Committee was not competent to verify the claim of the employees of the State Transport Corporation. The learned Counsel specifically raised his ground in the petition. The respondents have not filed any return to counter the ground as raised. 3. With the assistance of the learned Counsel for the parties we have peruse...