Mumbai Court July 1997 Judgments
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Tata Power Co. Ltd. Vs. Deputy Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-11-1997
Reported in: (1998)66ITD321(Mum.)
1. As all the above appeals concern the same group of assessees and involve more or less similar points, they are being disposed of together for sake of convenience.3. All the three assessees are assessees who deal in generation and distribution of electricity through various units. Some of the units are not permitted to use coal. While one unit is operating mostly on gas since 1979, unit No. 5 was commissioned during the previous year to this assessment year. Ash is generated as residual waste due to burning of coal and this ash is required to be disposed of in the normal course of the assessee's business. The generation cost of the electricity not only includes the fuel and other incidental costs, but also the cost for disposal of the ash and other residual products due to burning of coal. Thus the ash so produced is required to be disposed of in the normal course of the appellant's business. As the expenses incurred on disposal of the ash pertain to the cost of the electricity so g...
Ratilal B. Ravji Vs. Tata Sports Club and Another
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998(1)ALLMR62; 1998(1)BomCR417
ORDERR.M. Lodha, J.1. This writ petition at the instance of the petitioner Ratilal B. Ravji is directed against the award dated 4-6-1994 passed by the 7th Labour Court, Bombay in Reference (IDA) No. 95 of 1991 whereby the said Labour Court rejected the reference made at the instance of the petitioner.2. Tata Sports Club, the respondent No. 1 (for short 'Club') is the club governed by its own rules and regulations. Its membership comprises of the Directors, officersand all employees of the Tata Companies details of which have been given in the rules and regulations and such other Tata and Associate Companies/organisations which the managing committee may determine from time to time to be eligible for the membership of the Club. The Club is situated at Bombay House, Homi Mody Street, Fort, Bombay. The aims and objects of the Club are to organise, promote and afford facilities for indoor and out-door games, any form of athletics, sports, recreation (including library and reading room), sp...
Lloyds Steel Industries Limited Vs. Oil and Natural Gas Corporation Lt ...
Court: Mumbai
Decided on: Jul-11-1997
Reported in: AIR1997Bom337; 1998(1)ALLMR328
ORDER1. The Applicant (Lloyds Steel Industries Ltd.) has filed this Application under Section 11 of the Arbitration and Conciliation Act. 1996 thereinafter referred to as 'the Arbitration Act') for appointment of Sole Arbitrator to decide the outstanding disputerelating to interest amount and to set a time-limit for arbitral Award. 2. In the Application, it has been stated trial the Respondent, Oil & Natural Gas Corporation Ltd., is carrying on business, inter alia, of processing of oil and natural gas, including liquefied petroleum gas (LPG) and natural gas liquid (NGL), and loading the same to various destinations through its loading arms. On 26lh May, 1987, the Respondent placed an order with the Applicant for Rail/Road LPG Loading System. Further contracts were given on 25th July. 1988, one for supply of NGL Rail Loading System for LPG Project at ONGC, Hazira, and one for Erection, Testing and Commissioning of NGL Rail Loading System for LPG Project of ONGC, Hazira. 3. The Applican...
M.L. Chaturvedi Vs. M/S. Sanjay Finance Corporation
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998(2)ALLMR524; 1998(1)BomCR782
ORDERA.P. Shah, J.1. This is defendant's appeal against the order of the learned Single Judge granting permission to withdraw the suit with liberty to file a fresh suit. The facts of the case are few and may be shortly stated. The plaintiff filed Summary Suit No. 2905 of 1995 for recovery of a sum of Rs. 15,00,000/- with past and future interest. Along with the suit, the plaintiff filed Notice of Motion No. 305 of 1996 for attachment before judgment. The notice of motion was placed for hearing before the learned Single Judge on 7th February, 1997. The plaintiff applied for withdrawal of the notice of motion on the ground that the suit is not maintainable in view of section 69(2) of the Indian Partnership Act. The notice of motion was accordingly allowed to be withdrawn. At that stage, the Counsel for the plaintiff made prayer for withdrawal of the suit with liberty to file a fresh suit. The prayer was opposed by the Counsel for the defendant. He submitted that if withdrawal is permitte...
Nivrutti Dattatraya Mule Vs. Managing Director, Shetkari Sahakari Sakh ...
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998(3)ALLMR97; 1998(2)BomCR477
ORDERS.S. Nijjar, J.1. The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari/mandamus or any other writ, order or direction quashing the orders dated 30-11-1987 and 2-8-88 passed by respondent Nos. 3 and 2 respectively.2. The petitioner states that he was an employee of respondent No. 1 from 1965 as 'Patakari'. He was confirmed on his job in the year 1966. In the month of May, 1997 he was suffering from Jaundice. He, therefore, went on sanctioned sick leave from 18th May, 1977 to 3rd June, 1977. The leave was further sanctioned until 30th June, 1997. He remained absent till 29th July, 1977. On 22nd July, 1977 respondent No. 1 sent a letter to the petitioner stating therein that he was absent from work unauthorisedlyand without permission from 1-7-1977. He had not informed the respondent No. 1 about his absence within 7 days. Therefore, in accordance with Standing Order No. 12(9) applicable to the employees he has...
Nivrutti Dattatraya Mule Vs. Managing Director, Shetkari Sahakari Sakh ...
Court: Mumbai
Decided on: Jul-11-1997
Reported in: (1998)IILLJ126Bom
1. The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari/mandamus or any other writ, order or direction quashing the orders dated November 30, 1987 and August 2, 1988 passed by Respondents Nos. 3 and 2 respectively. 2. The petitioner states that he was an employee of Respondent No. 1 from 1965 as 'Patakari'. He was confirmed on his job in the year 1966. In the month of May, 1977 he was suffering from Jaundice. He, therefore, went on sanctioned sick leave from May 18, 1977 to June 3, 1977. The leave was further sanctioned until June 30, 1977. He remained absent till July 29, 1977. On July 22, 1977 Respondent No. 1 sent a letter to the petitioner stating therein that he was absent from work unauthorisedly and without permission from July 1, 1977. He had not informed the Respondent No. 1 about his absence within 7 days. Therefore, in accordance with Standing Order No. 12(9) applicable to the employees he has lost th...
Sou. Janabai Pandit Pawar Vs. Pandit Shamji Pawar and Others
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998(1)BomCR525; 1998BomCR(Cri)200; II(1998)DMC235
ORDERT.K. Chandrashekhara Das, J. 1. This petition has been filed by wife who was granted maintenance under section 125 of the Code of Criminal Procedure at the rate of 200/- p.m. by an order dated 19-1-1995 in Misc. Application No. 1090/90 dated 19-1-1995 on the file of J.M.F.C., Malegon Nashik. The husband-respondent filed revision before the District and Sessions Judge at Malegaon, District Nashik as CriminalRevision Application No. 80 of 1995 and the order of maintenance was set aside by the Sessions Court. The petitioner challenges that order in this petition.2. The learned Sessions Judge, though confirmed the liability of husband-respondent to maintain the petitioner, set aside the order of maintenance on the ground that there was no evidence to prove the means of livelihood of the respondent. The learned Counsel for the respondent submits that the petitioner is not entitled for maintenance as the application was time barred. She has made application for maintenance after 10 year...
Shri Maruti Ramchandra Dawane Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998BomCR(Cri)411
ORDERVishnu Sahai, J.1. By this Criminal Revision the petitioner has impugned the Judgment and order dated 23-12-1992 passed by the Addl. Sessions Judge; Kolhapur, in Criminal Appeal No. 15 of 1989, whereby the judgment and order dated 4-1-89 passed by the Judicial Magistrate, First Class, Kagal, in Regular Criminal Case No. 284 of 1979, convicting and sentencing him to undergo three months RJ. and to pay a fine of Rs. 200/-, in default, to suffer R.I. for 30 days, for the offence under section 409 I.P.C., has been confirmed.2. The accusation against the petitioner is that while working as a 'Talathi' from 1972 to 1976 at Baleghol Saja, he was entrusted with the work of recovery of land revenue, tagai loan, bunding charges, etc. from the cultivators, and during the said period, committed temporary embezzlement of Rs. 3049.25/-. He did not deposit the money which he had collected forthwith, but later on because his wife was ill and he had spent it in her illness.3. Alter the usual F.I.R...
Dinesh Ramsanehi Yadav and Another Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-11-1997
Reported in: 1998(2)BomCR350; 1998BomCR(Cri)361
ORDERT.K. Chandrashekhara Das, J. 1. By this petition, the petitioners are challenging the order dated 2-3-1996 passed by the learned Special Judge, City Civil and Sessions Court, Bombay in Misc. Application No. 362/95 in S.C.S.T. Spl. No. 6/95 whereby the application made by the petitioners to discharge them has been rejected by the learned Special Judge. The petitioners were charged by the police under section 3(1)(iv) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 (hereinafter called the 'Act'). The charge against the petitioners were that they encroached upon the Survey No. 699, at Kanyacha Pada, Goregaon/Mulund, Link Road at Malad (East), Bombay 400 097. It is alleged that this land belongs to the complainant (1) Janakibai Murya Bare, (2) Mali Rama Bara (4) Sita Rama Chavan (3) Ziparibai Dhakat Shede (4) Girija Rama Tak (5) Ladalobai Gudya Bhujad (deceased) who claim to be the members of the S.C./S.T. community. The learned Special J...
Tata Power Co. Ltd. Vs. Deputy Commissioner of Income Tax
Court: Mumbai
Decided on: Jul-11-1997
Reported in: (1998)61TTJ(Mumbai)690
ORDERH.C. Srivastava, A.M. As all the above appeals concern the same group of assessees and involve more or less similar points, they are being disposed for together of sake of convenience.2. The ground of appeal No. 1 in all the three appeals is the same.3. All the three assessees are assessees who deal in generation and distribution of electricity though various units. Some of the units are not permitted to this coal. While one unit is operating mostly on gas since 1979, unit No. 5 was commissioned during the previous year to the assessment year. Ash is generated as residual waste due to burning of coal and this required to be disposed off in the normal course of the business. The generation cost of the electricity not only includes the fuel and other incidental costs, but also the cost for disposal of the ash and other residual products due to burning of coal. This the ash so produced is required to be disposed off in the normal course of the appellants business. As the expenses inc...
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