Mumbai Court September 1999 Judgments
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A.V. Mody and Others Vs. S.R. Salunke and Another
Court: Mumbai
Decided on: Sep-03-1999
Reported in: 2000(5)BomCR872
ORDERS.S. Parkar, J.1. Petitioners who are the Directors of M/s. Uni-Sankyo Ltd., a registered company have filed this petition for quashing the complaint in Criminal Case No. 47 of 1992 filed by the respondent State in the Court of JMFC, Khed, Dist. Ratnagiri and the process issued therein under the provisions of the Drugs and Cosmetics Act, 1940.2. The registered company by name Uni-Sankyo Ltd. was engaged in the business of manufacture and sale of pharmaceutical products. On 16th March, 1991 the Drug Inspector B.R. Masal visited the premises of M/s Tirupati Medical Stores and had drawn the sample of Sporlac Tablets S.No. L.P. 011016 mfg. date June 90 expiry date May 92 manufactured by M/s Uni-Sankyo Ltd. The said company is having its address at Plot No. B 4, M.I.D.C., Lote Parshuram, Tal. Khed, Dist. Ratnagiri which is original accused No. 8. The said sample was drawn for test and analysis as per the procedure laid down in section 28 of the Act and issued intimation in form No. 17....
Om Joshi Apartments Flat Owners Co-operative Housing Society Ltd. and ...
Court: Mumbai
Decided on: Sep-03-1999
Reported in: 1999(4)ALLMR356; (2000)102BOMLR45
D.G. Deshpande, J.1. Heard Mr. Sakhardande for the petitioners and Mr. Shidore for the respondents.2. Petitioner No. 1 is a Co-operative Housing Society and other petitioners are members of the petitioner No. 1 and purchasers of flat in the building under the control of the society. Petitioner Nos. 2 to 31 are also obstructionists in the obstructionist Notice No. 561 of 1971 and appellants in Appeal No. 64 of 1988 before the Appellate Bench of the Small Causes Court, Mumbai.3. This petition involves a very interesting and important point of law, but for the appreciation of the same facts of the case will have to be narrated. Respondents are the landlords of a large piece of property at Ghodbunder Road (Andheri) Village, Vile Parle, admeasuring 7618 sq. yards. Bui according to the Town Planning Scheme actually 7140 sq. yards by an agreement of lease dated 21.7.1966 respondents landlords agreed to demise upon Surendra Jainarayan Kapur and Bansidhar Nathalal Jariwalla from the aforesaid l...
Sanjay Electrical Works Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-02-1999
Reported in: (1999)(114)ELT405Tri(Mum.)bai
1. This batch of nine applications seeking stay and waiver of the pre-deposit of the duty confirmed and penalties imposed on the applicants were argued by Shri S.P. Mathew, Advocate. Revenue was represented by Shri Deepak Kumar, SDR.3. M/s. Century Trading Company was engaged in manufacturing "Iron Clad Single Pole cutout" classifiable under sub-heading 8536.00 of the CETA 1985. This unit was operating w.e.f 1978. Another unit situated in adjacent premises by the name 'M/s. Sanjay Electric Works were manufacturing similar goods from 1980. Neither unit was in possession of a Central Excise Licence/ Registration. On a visit to the premises of the two units, the officers found that neither unit had sufficient machinery for manufacture of the goods and then machinery installed in both units required to manufacture such goods. The officers found that the two units were running with a common labour and the owners of the units were inter-related and that there was free financial flow between...
Shakti Insulated Wires Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-02-1999
Reported in: (2000)LC103Tri(Mum.)bai
1. On the Stay Application we have heard Shri A. Hidayatulla, Sr.Advocate appearing along with Shri S.V. Mehta and Shri K.M. Patwari on behalf of the revenue.2. The applicants were engaged in the manufacture of insulated wires and cables. They manufactured paper covered copper strips on job work basis for M/s. B.H.E.L. Such manufacture was undertaken by them from 1978 onwards. The benefit of Notification No. 214/86-C.E. was availed of by the applicant when clearing the product manufactured for M/s.B.H.E.L. On 28-1-1998, the Show Cause Notice was issued in which the claim was made that the goods so manufactured were not eligible for the benefit of the said Notification on the following grounds : "(i) a distinct product was manufactured, viz. paper covered copper strips falling under Chapter sub-heading 8544.00, out of the raw material, viz. copper bar/rod/strip, falling under Chapter 74; (ii) the said assessee had used their own inputs, in addition to the raw material, like paper, yarn...
H.N. Desai and Others Vs. M/S. Bhor Industries Ltd. and Others
Court: Mumbai
Decided on: Sep-02-1999
Reported in: 1999(4)ALLMR613; 2000(1)BomCR500; (2000)ILLJ1278Bom
ORDERH.L. Gokhale, J.1. The petitioners herein are workmen working under the respondent No. 1 Company. They have filed this petition being aggrieved by the order dated 12th August, 1999 passed by a member of the Industrial Court (respondent No. 4 herein) under the Maharashtra Recognition of TradeUnions & Prevention of Unfair Labour Practices Act, 1971 ('M.R.T.U. & P.U.L.P. Act' for short) in Complaint (U.L.P.) Nos. 745 and 746 of 1999 declining to confirm the ad-interim in junction which had been granted earlier in that matter and vacating the same. The interim application at Exhibit- UZ in those two complaints stood dismissed by that order. The respondents No. 2 and to this petition are Mr. Raghavan Sr. Vice President (Mfg.) and Mr. Tondavalkar, General Manager (Personnel & Administration). 2. The facts leading to this petition are as follows:--- It is the case of the petitioners that the petitioners and other workmen resigned from their erstwhile Trade Union- Bhartiya Kamgar Sena and...
Dr. Prakash Motiram Khobragade and ors. Vs. State of Maharashtra and a ...
Court: Mumbai
Decided on: Sep-02-1999
Reported in: AIR2000Bom137; (2000)1BOMLR109
J.N. Patel, J. 1. This petition is filed by a group of 84 doctors who are practising medicine at various places in rural Maharashtra. It is the contention of the petitioners that they have obtained the required degree and diploma in the faculty of Ayurveda, Unani, Homoeopathy, Electro-Homoeopathy, Biochemical, etc. and are rendering health services to the masses in rural areas, i.e. villages where there is no provision for medical facilities provided by the State. 2. It is the contention of the petitioners that the respondent/State is preventing them from practising medicine in their respective area of operation by invoking general provisions incorporated in Chapter VI of the Maharashtra Medical Practitioners Act, 1961 and particularly circulars issued under Sections 33 & 35 of the Act. It is, therefore, submitted that the said provisions are violative of Arts. 14, 19{l)(a) and 21 of the Constitution of India as they impose unnecessary restrictions on the fundamental right of the petit...
Mohd. Anis Mohd. Elyea Khan Vs. Iltiza and Co. and anr.
Court: Mumbai
Decided on: Sep-02-1999
Reported in: 2001ACJ2057; [2000(85)FLR79]; (2000)ILLJ1304Bom
ORDERPandya, J. 1. This matter arises out of a Judgment delivered on September 30, 1997 in Workmen's Compensation Application No. 128/C-22 of 1993 before the Commissioner for Workmen's Compensation and Judge, Second Labour Court at Thane.2. The Appellant who received injury in course of his working on vehicle bearing No. MMK-4120 had approached with a claim under the said Act before the Trial Court.3. While denying the contract of employment and, therefore, any relationship with the claimant as a workman, the Respondent No. 1 Company mentioned that for the employment of cleaner on the truck to help the driver, the driver was paid a lumpsum by voucher and out of that amount driver was to select somebody to work as a cleaner with him on the truck.4. This aspect of the matter should have been given importance as also result of the implication should have been carried to its logical conclusion. The said authority given to the driver to select his own cleaner as his companion on the truck f...
Maharashtra State Road Transport Corporation Vs. Bhimarao Ganpatrao Gu ...
Court: Mumbai
Decided on: Sep-02-1999
Reported in: 1999(4)ALLMR598; (2000)IIILLJ358Bom
ORDERB.H. Maralapalle, J.1. On March 11, 1980 the respondent was on duty as a conductor for Bus No. MTB 2411 going from Jintoor to Nandcd. The said bus was checked by the flying squad of the petitioner-Corporation near village Mandhani and it was found that one group of 12 adults and 8 minors and another group of two adults and one minor passenger was without tickets. Both the group of passengers stated that they had handed over money for the bus tickets to the respondent-conductor and he did not issue them tickets. The statement of first group leader by name Ms. Mankarnibai as well as the second group leader Shri Gorakhnath was recorded and both of them stated that they had paid the money to the respondent- conductor and he did not issue tickets. The respondent-conductor gave an explanation that as there was a heavy rush due to Bazaar day and the bus was crowded, he could not issue the tickets and the amount tendered was short and the tickets were to be issued only after the full amou...
Kalim Uz-zafar Shaikh Hasan Vs. Mrs. Razia Kalim Shaikh
Court: Mumbai
Decided on: Sep-02-1999
Reported in: 2000(3)ALLMR214; I(2001)DMC420
ORDER1. This appeal is filed against the judgment of the Family Court No. 1, Pune in Petition No. A469 of 1994 on 12th May, 1997.2. The respondent-wife has filed the said petition seeking divorce under the provisions of the Dissolution of Muslim Marriages Act, 1939. For this purpose she was mainly relying on the ground of cruelty as set out in Clause VIII of Section 2 of the said Act. More of physical cruelty what is pleaded is mental cruelty.3. We would have certainly gone into the details of the matter but for the fact that by getting his written statement amended, the appellant-husband has included therein a contention of disputing the parentage of the youngest child, Ms. Rahat aged about 1 year, out of 3 children. Original written statement was filed on 27th August, 1994 and this amendment was sought on 14th June, 19%.4. The birth date of the child is 28th June, 1993 and according to the respondent-wife the appellant-husband has visited India in the month of October, 1992. It is an...
Shri Narottamdas Trikamdas Toprani and ors. Vs. the Trustees of the Po ...
Court: Mumbai
Decided on: Sep-02-1999
Reported in: 1999(4)ALLMR604; (1999)101BOMLR845
R.M. Lodha, J.1. The original defendants have come up in first appeal filed under Section 96 of the Code of Civil Procedure aggrieved by the judgment and decree dated October 27, 1987 passed by the Bombay City Civil Court at Bombay in Short Cause Suit No. 612 of 1969 whereby the said Court decreed plaintiffs suit and directed defendants to deliver possession of the suit premises within one month therefrom and the ancillary order for enquiry into the future mesne profits i.e. from the date of filing of the suit till possession was delivered.2. The Trustees of the Port of Bombay (for short 'Plaintiffs1) filed the suit, on 21.1.69 against Narottamdas Trikamdas Toprani, Devidas Ramchand, Menabai Trikamdas and Khatau Khimji Poonja (for short 'defendants'). It was prayed therein, that the defendants be ordered and decreed to deliver to the plaintiffs vacant and peaceful possession of the premised described in Exhibit 'A' annexed to the plaint and that the defendants be further ordered and de...
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