Mumbai Court July 2000 Judgments
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Shri Owesh Alam Mohd Yakub Vs. the Principal of Maharashtra College of ...
Court: Mumbai
Decided on: Jul-18-2000
Reported in: 2000(4)ALLMR22; 2001(1)BomCR226; [2000(87)FLR512]
D.Y. Chandrachud, J.1. Rule, returnable forthwith. Respondents waive service. By consent, Rule is taken up for final hearing.2. The petitioner was employed as a Hamal-cum-sweeper and was a confirmed employee in the institution of the 1st respondent. The case of the petitioner is that on 16th November, 1998 he left for his village upon receiving information of the sickness of his mother. According to the petitioner, he had sent information about his absence through his colleague, one Mohd. Islam Shaikh, who is working in the same college. On 23rd November, 1998, the respondents informed the Petitioner that the period of his absence from 10th November, 1998 to 22nd November, 1998 was being treated as leave without pay. On 27th November, 1998, a letter was issued by the respondents to the petitioner calling upon him to resume duty. On 12th December, 1998, when the petitioner came to work he was not allowed to resume and was informed that his services had been terminated with effect from 1...
Anandibai Raghunath Karkare and ors. Vs. Kulko Engineering Works Ltd.
Court: Mumbai
Decided on: Jul-18-2000
Reported in: 2001(2)BomCR179
A.M. Khanwilkar, J.1. This Writ Petition, under Article 227 of the Constitution of India, is directed against the Judgment of the Joint District Judge, Pune in Civil Appeal No. 463 of 1985.2. The petitioners are the trustees for a private trust of Anandibai Raghunath Karkare & others. The suit property bearing No. CTS No. 917/19-B situated at Shivaji Nagar, Pune was purchased by Shri D.G. Shembekar and Mrs. G. Shembekar, in their capacities as trustees, sometime in the year 1951 by a registered sale deed. A portion of the said house consisting of 5 rooms was in occupation of the respondent company as a monthly tenant on payment of Rs. 94.50 as rent in addition to permitted increases. It is stated that the suit premises were let out to the respondent for office use only.3. That the said Shri D.G. Shembekar instituted suit in the Court of Additional Small Causes, Pune being C.S. No. 2848 of 1981 against the respondent. The suit was filed for possession of the suit premises on various gro...
Dr. Rustom B.M. Colah and ors. Vs. Tahsildar Palghar and ors.
Court: Mumbai
Decided on: Jul-18-2000
Reported in: 2000(4)ALLMR778; (2000)102BOMLR491
A.M. Khanwilkar, J.1. This Writ Petition under Article 226 & 227 of the Constitution of India is directed against the orders passed by the Officer on Special Duty (Appeals & Revisions), Revenue and Forest Department, Government of Maharashtra, Bombay dated 5.7.1986.2. Briefly stated, the Petitioners are trustees of a public charitable institution registered with the Charity Commissioner under the provisions of Bombay Public Trusts Act bearing Registration No. C-157. The trust had started Masina Hospital in the year 1902 administered by Dr. H.M. Masina, FRCS. The Masina Hospital is a cosmopolitan charitable hospital catering to the medical requirements of all communities and sections of the Society-The hospital has about 300 beds and employs about 400 workers. That one Mr. Jamshedji Hormusji Eranee (Francis) donated grass growing lands bearing No. 488, 810, 811, 812, 813, 814, and 815 situated at Village Fokman, Tail. Palghar, Dist. Thane having an area of about 90 acres. The said lands...
Mahadeo @ Mahadu Haribhau Nigune Vs. Indulal Ranchhoddas Shah Since De ...
Court: Mumbai
Decided on: Jul-17-2000
Reported in: 2001(1)BomCR445; (2001)1BOMLR117
M. Khanwilkar, J.1. This writ petition, under Article 227 of the Constitution of India, is directed against the judgment and order passed by the M. R. T.. Pune dated 4.3.1987 in Revision Application No. 1 of 1985.2. Briefly stated, one Indulal Ranchhoddas Shaha, along with 3 others, had filed application under Section 70b of B. T. & A. L. Act before the Tahasildar, Pune City, Pune being Tenancy Appeal No. 1 of 1981 for a declaration that the Petitioner herein is not the tenant in respect of the suit land bearing Survey No. 721/2-A situated at Pune City.3. The Tahasildar after considering the evidence on record took the view that the Respondents had established that the Petitioner herein was not cultivating the suit land as a tenant. The Tahasildar referred to the receipts which were placed on record to show that the Petitioner was paid as wages and not share in the crops. Another document which has been relied upon is Nokarnama, which would go to show that the Petitioner was cultivatin...
Afcons Infrastructure Ltd. Vs. Babu (Bapu) Fakira Sonavane and anr.
Court: Mumbai
Decided on: Jul-17-2000
Reported in: 2000(4)ALLMR624; 2001(1)BomCR423; [2001(88)FLR709]; (2001)IIILLJ695Bom; 2000(4)MhLj552
ORDERS.S. Nijjar, J. 1. In this Petition filed under Article 226 of the Constitution of India, the Petitioner impugns the Orders dated 22nd September, 1999. 21st December, 1999 and 7th March, 2000 passed by the Industrial Court. Mumbai, the 2nd Respondent herein, in Complaint (U.L.P) No. 385 of 1999. It is the case of the Petitioner that an important question of law arises in this Petition as to the powers of the Industrial Court under Section 30(2) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the M. R. T. U. & P. U. L. P. Act') to grant interim reliefs, which is the final relief Itself. 2. The Petitioner is a Company engaged in the business of construction of projects, such as bridges, canals, wharfages, jetties, roads, etc. As such projects are to be completed within fixed period of time, the Petitioner Company employs for the aforesaid projects dally rated workmen and also employs casual field enlisted w...
Shri Kallappa Anna Patil Vs. Maharashtra Co-op. Engg. Scy. Ltd. and an ...
Court: Mumbai
Decided on: Jul-17-2000
Reported in: 2001(1)BomCR441
A.M. Khanwilkar, J. 1. This writ petition under Article 227 of the Constitution of India is directed against the judgment and order passed by the Maharashtra State Co-operative Appellate Court, Bombay in Appeal No. 318 of 1996 dated 24-10-1986. 2. Respondent No. 1 original disputant is engaged in manufacturing of Oil Engine, Power Tiller, Electric Motor and other engineering goods. Respondent No. 2 is the sole distributor of the goods manufactured by respondent No. 1 society. The petitioner is the proprietor of firm M/s. Gajraj Agro Sales Corporation. The petitioner is a sub dealer of the respondent No. 2 company.3. Briefly stated, the respondent No. 1 society filed dispute for recovery of amount of Rs. 23,882/- along with interest thereon. The said claim was on the basis of the transaction entered into with regard to the sale of power tiller of the respondent No. 1 Society in favour of Mr. Kulkarni on the request made by the petitioner.4. It is stated by the respondent No. 1 that the ...
Yusuf Khan Haroon Khan Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-17-2000
Reported in: (2000)102BOMLR679
S.A. Bobde, J.1. This is an appeal from the judgment and order dated 26.12.1995 of the Special Court in N.D.P.S. Case No. 249 of 1992 by which the appellant-accused was convicted for the offence under Section 20(b)(ii) r/w Section 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced to suffer Rl for ten years and to pay a fine of Rs. 1.00.000/-, in default to suffer further RI for one year.2. The prosecution case in brief is : that on 11.7.1992 at 2.40 p.m. 10 kgs. of charas in the form of balls was seized from the suitcase held in his right hand by the appellant Yusuf Khan Haroon Khan.3. The officers seized this contraband in pursuance of an information received by PW-1 Firojuddin Khurshinuddin Farooqui on the same day at about 11.30 a.m. This was reduced to writing by PW-5 PSI Sudhakar Pujari, the investigating officer and communicated by PW-5 Pujari and also PW-2 PI Ashok Hari Khedkar to their immediate superior...
Bharat K. Dattani Vs. Commissioner of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-14-2000
Reported in: (2000)(121)ELT256Tri(Mum.)bai
1. Two trucks were intercepted by the officers of DRI on 19-3-90 which were found to be loaded with Brass Scrap in gunny bags which on detailed examination revealed that there were 811 Nos. of Silver Metal Pieces totally weighing 1876.100 kgs. concealed, amongst brass scrap.Inquiries made by the officers revealed that the brass was imported and cleared through Bombay docks on Bill of Entry No. 469/88 dated 2-6-1990 which was cleared on 15-3-1990 and was delivered to a godown at Phoenix Mills Warehouse as per the instructions of the importers i.e. M/s.Harish Metind Pvt. Ltd. Jamnagar; inquiries further revealed that the gunny bags were packed at this warehouse at Phoenix Mills and the trucks were on their way to Mathura where the silver and the brass scrap were to be delivered to certain parties. A show cause notice was issued to various parties and vide the impugned order, the Commissioner (P) Bombay found that the silver seized was liable for penalty and Shri Harish Peshawaria of M/s...
Johnson and Johnson Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-14-2000
Reported in: (2000)(121)ELT41Tri(Mum.)bai
1. This is an application for stay of collection of Rs. 56,17,204/- being a duty demanded under the products manufactured by the applicant known as Unsterilized Absorbable Sutures. It is the claim of the assessee that the said product comes under heading 0501.00. The department claim classification under Ch. Sub-heading 4201.90 of the Tariff.2. Shri Rohan Shah appearing along with Miss Godrej contended that the product can only be classified under sub-heading 0501 not under subheading 4201.90 as claimed by the department. He states that in an earlier occassion the Commissioner (Appeals) by his Order-in-Appeal No.RJB/53/M- 11/2000 dated 8-2-2000 had classified the said item under sub-heading 0501.00. Shri Rohan Shah further stated that the department has filed an appeal in the Tribunal No. E/1431/2000. He therefore states that prima facie case is in his favour. He no doubt states that the process involved is as stated in page 85 of the paper book which among other things mentions twist...
Ujagar Prints and Processors P. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-14-2000
Reported in: (2000)(122)ELT496Tri(Mum.)bai
1. When this application was argued by Shri T. Viswanathan for the assessee and Shri K.M. Patwari for the revenue, it appeared that at this stage itself the main appeal could be taken up for disposal. Both parties agreeing this was done, by granting waiver of the duty confirmed amounting to Rs. 5,44,076/-.2 Vide their clarificatory order reproduced in 1988 (38) E.L.T. 535 in the case of Ujagar Prints etc. etc. v. UOI and Ors. the Supreme Court held "the assessable value of the processed fabrics is declared to be the value of the grey cloth in the hands of the processor plus the value of the job worker plus manufacturing profit and manufacturing expenses whatever these may be...".3. Three show cause notices were issued to the appellants covering the period May, 1992 to February, 1993. These show cause notices were identically worded. The allegation was that in the various price-lists filed by them the element of manufacturing expenses and manufacturing profit were not added to the asse...
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