Mumbai Court September 1997 Judgments
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Hartex Tubes Private Limited Vs. the Assistant Commissioner of Labour ...
Court: Mumbai
Decided on: Sep-04-1997
Reported in: 1998(1)BomCR545; (1998)1BOMLR367; 1998(1)MhLj187
ORDERF.I. Rebello, J. 1. The petitioners, on 22-8-1994 put up a Notice informing alt the employees, that due to shortage of some necessary material, the Factory would not function on Tuesday the 23rd August 1994, and the employees, for the aforesaid reason, would get their weekly off on Tuesday i.e. 23-08-1994. Wednesday, the 24th August, 1994 was the normal weekly off. There are some other directions pertaining to employees reporting for shifts. At the relevant time and even today, there are three Unions representing the employees of the petitioners. The members of respondent No. 2. inspite of the notice dated 22-08-1994, presented themselves at the Factory Gate on 23-8-1994 for work. They were informed of the change of the Weekly off. There were some altercations which are not relevant. Suffice to say that they reported for duty on 23-08-1994 and did not report for duty 24.08.1994, which was the due weekly off. The employees represented by the two other Unions did not report for duty...
Hartex Tubes Pvt. Ltd. Vs. Assistant Commissioner of Labour, Nagpur an ...
Court: Mumbai
Decided on: Sep-04-1997
Reported in: 1998(1)ALLMR104
F.I. Rebello, J. 1. The petitioners, on 22-8-1994 put up a Notice informing all the employees, that due to shortage of some necessary material, the Factory would not function on Tuesday the 23rd August, 1994, and the employees, for the aforesaid reason, would get their weekly off on Tuesday i.e. 23-8-1994. Wednesday, the 24th August, 1994 was the normal weekly off. There are some other directions pertaining to employees reporting for shifts. At the relevant time and even today, there are three Unions representing the employees of the petitioners. The members of respondent No. 2, in spite of the notice dated 22-8-1994, presented themselves at the Factory Gate on 23-8-1994 for work. They were informed of the change of the weekly off. There were some altercations which are not relevant. Suffice it to say, that they reported for duty on 23-8-1994 and did not report for duty on 24-8-1994, which was the due weekly off. The employees represented by the two other Unions did not report for duty...
Sayed Osman S/O Sayed Karim and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-04-1997
Reported in: 1998(5)BomCR127
ORDERA.D. Mane, J.1. Criminal Appeal No. 364 of 1994 is filed by the original accused Nos. 2, 3 and 4 against their conviction under section 323 read with section 34 of the Indian Penal Code and sentence of rigorous imprisonment for three months and to pay a fine of Rs. 500/- each, in default simple imprisonment for fifteen days. The companion Criminal Appeal No. 14 of 1995 is, however, filed by the State of Maharashtra against the order of acquittal dated 11-10-1994 passed by the Additional Sessions Judge acquitting the respondents of the offence punishable under section 302 read with, section 34 of the Indian Penal Code. Both these appeals arise out of Sessions Case No. 183 of 1992 from the same set of facts and from the same judgmentand order passed by the learned Additional Sessions Judge. We, therefore, dispose of both the appeals by common judgment.2. In all seven accused persons came to be prosecuted for alleged offence punishable under section 302 read with section 34 of the In...
Sai Shant Die Casting Industries Vs. Commissioner of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-03-1997
Reported in: (1999)(112)ELT328Tri(Mum.)bai
1. The appellants manufacture aluminium die cast articles by using aluminium alloy ingots as input. They had filed declaration under Rule 57G of the input and final product for availing Modvat credit. The Department found that the appellants had wrongly availed of deemed Modvat credit under Govt. of India Order No. 342/1/88-TRU, dated 20-5-1988 and 342/1/89-TRU, dated 1-3-1989 as the appellants had received the ingots from two suppliers, Goa Electricals & Fans Ltd., (GEFL) and Shriram Traders (SRT) and that these suppliers enjoyed exemption on their final product under Notification No. 180/88. This being so, the alloy ingots received by the appellants had not suffered any duty. They were thus clearly recognisable as non-duty paid. As per the G.O.I. order above, deemed Modvat credit will not be extended to such inputs.2. Three show cause notices were issued to the appellants for recovery of the wrongfully availed deemed Modvat credit. Show cause notice dated 7-12-1989 was issued fo...
Union of India and Another Vs. Commander Uday Date and Others
Court: Mumbai
Decided on: Sep-03-1997
Reported in: AIR1998Bom157; 1998(2)ALLMR207; 1998(1)BomCR214
ORDERM.B. Shah, C.J.1. These appeals are filed against the judgment and order dated 5th/6th December, 1996 passed by the learned Single Judge, directing the appellants to grant Certificates of Service as provided under section 80(1) of the Merchant Shipping Act, 1958 (hereinafter referred to as 'the Act'), to the respondents, who have attained the rank of Lieutenant in the Executive Branch of the Indian Navy prior to 14th August, 1986. Section 80 of the Act was deleted from 14th August, 1986. The petitioners in Writ Petition No. 490 of 1997 and Writ Petition No. 924 of 1997 have prayed for grant of similar Certificate of Service.2. These appeals and writ petitions involve common questions of law and facts. Contentions raised and submissions made in all these matters are identical. Hence, all these matters are disposed of by this common judgment. For the sake of convenience, we would refer to the facts stated in Appeal No. 149 of 1997.3. The learned Additional Solicitor-General appearin...
Vithal Genu Satav Since Deceased by His Heirs and Legal Representative ...
Court: Mumbai
Decided on: Sep-03-1997
Reported in: 1998(2)ALLMR160; 1998(1)BomCR660
ORDERS.S. Nijjar, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed with a prayer to set aside the judgement and order passed by the Maharashtra Revenue Tribunal, Pune in Revision Application No. MRT.P.II/181 (TEN B 38/81) and by the Additional Collector, Pune in Tenancy Appeal No. 181 of 83 and for restoration and confirmation of the judgement and order passed by the Tenancy Awal Karkun, Mulshi in Case No. 33-B-1/62.2. The dispute in the present petition concerns the following three suit lands.S. no. A& G.Assessment.1.184.12A& 14G +0.21 RK.12.142.1742A & 24G4.43.1792A& 2G11.00 15A& 27G28.14Balashet Gulambe was the original tenant who died leaving behind him two sons viz. Bandoba and Mahadeo. Bandoba died on 1st March, 1941 and Mahadeo diedsometime in 1965. Bandoba left behind him as his only heir his married daughter Smt. Krishnabai. On the death of Bandoba the land devolved upon Mahadeo. He in turn is said to have gifted the suit lands to Smt. ...
Commissioner of Income-tax Vs. Smt. Shantaben D. Shah
Court: Mumbai
Decided on: Sep-03-1997
Reported in: [1997]228ITR305(Bom)
1. By this reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the assessee is entitled to set off the short-term capital loss against the income under any head other than 'capital gains' and is also entitled to the relief under section 80T on the gross long-term capital gains before adjustment of the short-term capital loss ?' 2. The facts giving rise to this reference are as follows : The assessee is an individual having income from business, dividends and interest. During the previous year relevant to the assessment year 1976-77, the assessee suffered a short-term capital loss of Rs. 17,750 and had a long-term capital gain of Rs. 34,454. In the assessment of the assessee under the Income-tax Act, 1961 ('the Act'), for the above assessment year, the Income-tax Officer pooled togeth...
Group Pharmaceuticals Ltd. Vs. Blossom Godinho and Another
Court: Mumbai
Decided on: Sep-03-1997
Reported in: (1998)ILLJ1182Bom
1. Rule, returnable forthwith. Mr. R. J. Kochar waives service for Respondent No. 1. As regards Respondent No. 2 service is dispensed with being formal party. By consent writ Petition is heard finally at this stage.2. The Petitioner No. 1 - M/s. Group Pharmaceuticals Ltd., is a public limited company incorporated under the Companies Act. 1956, hereinafter referred to as 'the Company'. The petitioner No. 1 has its registered office at S.V. Road, Goregaon (West), Mumbai. The 2nd Petitioner R. S. Attavar, is the Managing Director of the company. On October 6, 1980 the 1st Respondent - Blossom Godinho, hereinafter referred to as 'the employee', made an application for employment as Receptionist-cum-Typist to the company and pursuant to the said application and interview, the employee was appointed as Receptionist-cum-Typist in the company on the terms and conditions mentioned therein, more particularly the appointment was to be effective from October 16, 1980 and she was to be on probation...
Miss Madhubala Manikchand Dhadiwal Vs. the State of Maharashtra and Ot ...
Court: Mumbai
Decided on: Sep-03-1997
Reported in: 1998(5)BomCR411
ORDERS. Radhakrishnan, J. 1. Heard all the learned Counsel at length.2. This is a writ petition tiled by the sister of the deceased person by name Kantilal Manikchand Dhadiwal. The main reliefs sought in the petition are (a) to call for the record and proceedings of Sessions Case No. 151 of 1986. As the Sessions Case No. 151 of 1986 has already ended in an acquittal on 25th August, 1986, nothingsurvives in this prayer. The learned Counsel for the State also informed us that there is no appeal filed against the said acquittal order dated 25th August, 1986. By prayer (b) of this petition, the petitioner seeks a relief that respondent No. 1 State to institute appropriate criminal proceedings against respondent Nos. 2, 3 and 4 for having failed to perform their duties in accordance with law. By prayer (c) the petitioner seeks a relief of quashing the order of the learned Sessions Judge in Sessions Case No. 151 of 1986, rejecting the application of the petitioner to include respondent Nos. ...
The State of Maharashtra Vs. Philip Andrew D'Souza and others
Court: Mumbai
Decided on: Sep-03-1997
Reported in: 1998BomCR(Cri)293
ORDERA.V. Savant, J.1. Heard both the learned Counsel; Shri Galeria, Asstt. Public Prosecutor appearing for the appellant State and Shri Desai for the respondents original accused Nos. 1 to 4.2. This is a Revision Application filed by the State of Maharashtra challenging the order dated 8th of August 1991 passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay, discharging all the four respondents-accused in circumstances which, appear to us, to be rather unusual.3. The 4th accused Cyril D'Souza is the husband of the deceased Anni Cyril D'Souza. The first accused Philip is the brother of the 4th accused Cyril, the 2nd accused Philomina is the sister of the 4th accused Cyril and the 3rd accused John is the husband of accused No. 2 Philomina. In respect of the incident which occurred on 10th June 1990, the First Information Report was lodged with the Malvani Police Station, Malad Sub-Division, Bombay under C.R. 163/90 on the basis of the dying declarat...
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