Mumbai Court December 1998 Judgments
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Mardia Copper Products Ltd. and Others Vs. Commissioner of Sales Tax a ...
Court: Mumbai
Decided on: Dec-03-1998
Reported in: 1999(5)BomCR252; (1999)1BOMLR848; 1999(2)MhLj127
ORDERF.I. Rebello, J.1. Rule. Respondents waive service. Heard forthwith.2. The applicants in this application have invoked the inherent jurisdiction of this Court under section 482 of the Criminal Procedure Code, 1973 as also Article 227 of the Constitution of India. The application can be heard under the inherent jurisdiction of this Court under Article section 482 of Cr.P.C. and consequently the question of exercising the extra ordinary jurisdiction of this Court does not arise looking at the nature of the relief.3. It is the case of the applicants that Applicant No. 1 is a Public Limited Company which has been declared a Relief Undertaking under the Bombay Relief Undertakings (Special Provisions) Act, 1958 by the State of Gujarat. It is also a Sick Undertaking within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985 as proceedings have been registered under Reference No. 185/98 on 10th July, 1998.4. The applicants on 24th September, 1998 received a letter ...
Ramesh Madhukar Thombre Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-03-1998
Reported in: 1999(5)BomCR355
ORDERF.I. Rebello, J.1. Admit. Respondents waive service. Heard forthwith. 2. The petitioner was arrested on 23rd December, 1997 in respect of an offence under section 302 of I.P.C. etc. at about 18.15 hours. He was produced before the Court on 24th December, 1997 and was remanded to the police custody. There were also subsequent remands from time to time. The period of 90 days as required under section 167 of Cr.P.C. expired on 23rd March, 1998. The applicant herein on 24th March, 1998 made on application to be released on bail by invoking the provisions of section 167(2) of Cr.P.C. The application moved by the applicant was placed before the learned Magistrate at 11.30 a.m. when there was no charge sheet filed in the case. The charge sheet came to be filed at 3.30 p.m. of the same day. The learned Magistrate on those facts held that as the charge sheet has been filed on the very same day the applicant herein was not entitled to bail. Two other applicants who had applied were also den...
Hindustan Lever Ltd. Vs. Hindustan Lever Employees' Union and Ors.
Court: Mumbai
Decided on: Dec-03-1998
Reported in: (1999)IILLJ804Bom
A.V. Savant, J. 1. Heard both the learned Counsel; Shri Rele for the Petitioner and Shri Singhvi for the first respondent.2. This is a petition by the employer M/s. Hindustan Lever Ltd. challenging the order dated January 5, 1995 passed by the Industrial Court, Mumbai allowing complaint (ULP) No. 855 of 1989. The complaint alleged unfair labour practice under item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short '1971 Act'), Item 9 reads as under:'Failure to implement award, settlement or agreement.'The Industrial Court has recorded a finding that the employer had effected a change in the conditions of service applicable to the workmen and though the conditions of service related to items 1, 10 and 11 of the Fourth Schedule to the Industrial Disputes Act, 1947, no notice of change as required by Section 9-A of the I.D. Act was given. The Industrial Court came to the conclusion that after the lock-out was lift...
Vardhamankunj Premises Co-operative Society Ltd. Vs. Municipal Corpora ...
Court: Mumbai
Decided on: Dec-03-1998
Reported in: 1999(1)ALLMR9
ORDERAshok Agarwal, J.1. A short question that arises for consideration in the present petition is, whether the property owned by the petitioner cooperative society, is liable to repair cess or is exempt therefrom. Petitioners are a co-operative society which was formed after the erstwhile tenants of the building had purchased the same from its erstwhile owners. The said society was formed and registered on 28th February, 1979. Prior to the registration of the society, the said building was liable for payment of repair cess as the property then vested in the erstwhile owners. After the building was purchased by the tenants and after the tenants formed themselves into a society, they claimed exemption from payment of repair cess in view of the provisions of section 83(1)(g) of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as the 'MHADA Act'). The said plea did not find favour with the respondents and the respondent Nos. 1 and 2 issued a notice bearing N...
P.M. Ramkrishnan and ors. Vs. Neelkanth Mahadeo Kamble and anr.
Court: Mumbai
Decided on: Dec-03-1998
Reported in: 1999CriLJ1313
ORDERD.G. Deshpande, J. 1. Heard Mr. Rege for the petitioners and Mr. Mundergi for the Respondent No. 1 and APP for the State, Respondent No. 2.2. This application is filed quashing the order of JMFC, Kalyan dated 2-12-1996 and also quashing the proceedings i.e. Criminal Case No. 248 of 1991.3. This criminal case No. 248 of 1991 was initiated by the Respondent No. 1 - Neelkanth Mahadeo Ramble for the offences under Sections 418, 409, 166 read with 114 of the IPC. The complainant - respondent No. 1 filed a complaint in his capacity of Chief Managing Trustee of Somvashi Arya Samaj Trust, the Trust registered under the Bombay Public Trust Act. As per the facts given in the complaint, the Trust owned and possessed certain land within the limits of Kalyan Municipal Corporation. The accused approached the trust with the proposal of development of the aforesaid land. As a consequence, an agreement came to be executed between the Trust and the accused Nos. 1 and 2 on 7-7-1985. Under this agree...
Raghu Shankar Kale Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-03-1998
Reported in: (1999)101BOMLR625
Ashok Desai, J.1. This appeal is directed against the finding of conviction for offences under Sections 302, 394, 397 and 457 of IPC r/w 34 of IPC.2. The prosecution case was disclosed by P.W. 2 Smt. Sushila. According to her, at about 1 a.m. on 13.9.1991, due to dog barking she woke up and heard that one Deorarri was calling her husband by referring 'Aba Aba'. She came out and noticed that door of the house was opened. She went inside with Deoram and saw her husband Dnyanshwar was lying dead with numerous injuries. Thereafter, she noticed that three bags containing various ornaments namely two mangalsutras, two black pots, watis, jodavis etc. etc were missing. Her statement was recorded by the police. Undisputedly, she has not seen either the act of the assault or the theft. The prosecution has also not examined Deoram. P.W. 4 Avadaji Kale Police Patil lodged an F.I.R. vide Exh. 36. The accused was arrested in some other case on 3.10.1991. Recovery of the stolen property was affected ...
Standard Electronic Products Vs. Commr. of Cus. (imports)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-02-1998
Reported in: (2003)(162)ELT676Tri(Mum.)bai
1. When the matter was called, none is present for the appellant, who have asked for adjournment. However, it is found that the impugned order is one of remand with direction to the adjudicating authority regarding the duty liability and therefore the matter is proceeded with. The appellants had imported gas cylinders and claimed clearance of empty cylinders at Nil rate of duty in terms of Notification No.97/79-Cus. which stipulated the condition for re-export of empty gas cylinders to the foreign suppliers within six months from the date of importation. However, the empty gas cylinders were not so re-exported to the shippers even after 5 years from the import. The Assistant Commissioner of Customs, Mumbai, issued show cause notice for the failure on the part of the appellants to re-export cylinders for which the appellants had also executed a bond backed by Bank Guarantee. The Assistant Commissioner adjudicated the matter by passing in the Order dated 13-6-1995 confirming the demand ...
Shree Narmada Aluminium Inds. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-02-1998
Reported in: (1999)(113)ELT741Tri(Mum.)bai
1. Appeal taken up for disposals with consent of both sides after waiving deposit.2. The appellant manufactured aluminium pipes intended to be used for irrigation. Such pipes are exempted from payment of duty by Notification 180/88. The appellant carried out this manufacturer, both on its own account and on orders received from suppliers who provided the raw material in the form of aluminium ingots. We are concerned with the latter situation. The appellant manufactured out of the ingots billets and from these billets the pipes in question. On 1-3-1994 the exemption from duty available to billets by Notification 180/88 was withdrawn. The appellant however did not pay duty and continued to utilise them in its factory without payment. Notice dated 14-2-1997 was issued to the appellant demanding duty on the billets cleared from 1-2-1995 to 1-3-1996. The notice invoked extended period under Section 11A by alleging suppression of the fact of manufacture of billets. The proposal which was co...
Govind Sinai Orti Since Deceased, Through His Heirs and Legal Represen ...
Court: Mumbai
Decided on: Dec-02-1998
Reported in: 1999(2)ALLMR535; 2000(1)BomCR482
ORDERR.M.S. KHANDEPARKAR, J.1. The petitioner challenges the Order dated 14th August 1995 passed by the Civil Judge, Junior Division, Panaji, in Regular Civil Suit No. 16 of 1982/C. By the impugned Order, the trial Court has allowed two applications filed by the respondents herein.2. One of the applications is Civil Miscellaneous Application No. 388 of 1994/C whereby the respondent No. 4 has sought to intervene in the said suit on the ground that by deed of declaration dated 17-9-1951 between the petitioner and one Vaman Baburao Bhobe, the building in question was gratuitously transferred in the name of the respondent No. 4, which was then unregistered society, and that since the said society has now been registered under No. 41/Goa/94 since 3rd March 1994, the same is necessary and essential party to the suit.3. The Civil Miscellaneous Application No. 389 of 1994/C was filed by the respondents Nos. 1 and 2 herein on the ground that the respondent No. 4 has been already registered afte...
Dr. Sakhaullah S/O. Darab Khan Vs. Visvesveraya Regional College of En ...
Court: Mumbai
Decided on: Dec-02-1998
Reported in: 1999(2)ALLMR99; 1999(2)BomCR38; 1999(1)Mh.LJ605
ORDERA.B. Palkar, J.1. The only material question that is now posed for our decision in this petition, is whether the petitioner who was admittedly appointed as Bio-chemist with the respondent No. 1 Institution- viz. Visvesvaraya Regional College of Engineering Nagpur, has in fact worked as a lecturer or a member of the teaching staff and for that reason on the basis of equivalence in the nature of duties or on the principle of equal pay for equal work; he is required to be paid the scale which the respondent No. 1 has been paying to the lecturers from the date form which he was, in fact, required to discharge the duties of the aforesaid nature.2. The petitioner holding a Master Degree in Bio-Chemistry and a doctorate also in the said branch, was appointed as Bio-Chemist by respondent No. 1 with effect from 1984. As per the Rules applicable, the retirement age of the teaching staff was 60 years whereas for other staff members including the demonstrator, Bio-chemist etc., the age of ret...
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