Mumbai Court December 2001 Judgments
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Haribhau Madhusudan Kakde Vs. Shankar Maruti Honkalas and anr.
Court: Mumbai
Decided on: Dec-06-2001
Reported in: 2002(2)MhLj776
J.G. Chitre, J. 1. Few facts needs to be stated for unfolding the matter. Shankar Maruti Honkalas was the owner of Gat No. 703 of village Puluj. Shri Ganpat Yadav, father of present respondent No. 2, was the tenant of the said land. In a proceeding initiated in view of Section 32-G of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Bombay Tenancy Act' for convenience) he was declared as purchaser by fixing the purchase price.He paid it and certificate in view of Section 32-M was issued in his favour. On 26-2-1982 by a sale deed he sold an area admeasuring 1 Hectare 50 Ares to the present petitioner. The mutation entry bearing No. 662 was entered on 29-2-1982 in that context. An application was moved by the present respondent No. 1 to concerned Collector and the said application was treated as an application submitted in view of provisions of Section S4-CC/4 of the Bombay Tenancy Act. An enquiry was made and the said application was decided against the p...
Watch Tower Bible and Tract Society of India, Lonavala Vs. Union of In ...
Court: Mumbai
Decided on: Dec-06-2001
Reported in: AIR2002Bom83; 2002(4)BomCR313; 2002(1)MhLj804
ORDERV.C. Daga, J. 1. P.C. INTRODUCTION The substantive appeal in question is directed against the impugned order dated 8-11-2000 passed by the Joint Secretary, Government of India, Ministry of Home Affairs, New Delhi, issued in exercise of powers under Section 10(a) of the Foreign Contribution (Regulation) Act, 1976 ('Act' for short), whereby the appellant society known as 'The Watch Tower Bible and Tract Society' has been prohibited in public interest from accepting foreign contribution from the date of receipt of the impugned order as in the opinionof the Central Government, acceptance of the Foreign Contribution by the appellant - society is likely to affect prejudicially harmony between the religious groups. BACKGROUND FACTS 2. The appellant is the legal entity used by the Jehovah's witnesses in India since 1978. The appellant is duly registered under Societies Registration Act, 1860 as well as under Bombay Public Trust Act, 1950. The appellant -Society, considering the provision ...
Maimoona ZainuddIn Sawaratkar Vs. Omer NizamuddIn Tatavalkar and ors.
Court: Mumbai
Decided on: Dec-06-2001
Reported in: 2002(4)MhLj176
J.G. Chitre, J.1. Respondents have been served and they are absent. None present for them. This petition has been shown in the Board as listed for final hearing. It pertains to the year 1988. The respondents are treated ex-parte and this petition is finally heard and is being decided today.2. Mr. Solkar, counsel appearing for the petitioner, submitted that when the revision petition has been pending before the Member of M.R.T., the present petitioner moved an application on 2-3-1988 making the request to the learned Member of M.R.T. to take certified copies of the following documents on record :--1. Application dated 24-7-1985, filed under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Bombay Tenancy act for convenience) bearing No. 13 of 1985 which was submitted by the present petitioner in the Court of Tahsildar, A.L.T. Dapoli.2. Depositions of 6 persons i.e. Applicant, her witnesses and landlords i.e. present respondent Nos. 2 an...
Gulab Narayan Tilekar Vs. D.V. Industries
Court: Mumbai
Decided on: Dec-06-2001
Reported in: 2002(2)ALLMR93; (2002)IILLJ368Bom
R.M. Lodha, J.1. Heard Ms. Neeta Karnik, learned counsel for the appellant and Mr. S.R. Nargolkar, learned counsel for the respondent.2. On the application made by the present appellant, appropriate Government referred the industrial dispute for adjudication to the Labour Court. The dispute referred was, 'Shri Gulab Narayan Tilekar, whose services have been terminated with effect from February 11, 1989 should be reinstated in his original post with full back wages for the intervening idle period and continuity of service.'3. Upon reference being made, the (present appellant (Second party) before the Labour Court filed statement of claim and set up the case that he was working with the respondent herein (first party before the Labour Court) for the last 18 years and was discharging the duties of seat fitting and he was being paid wages at the rate of Rs. 465/- per month. The appellant set up the case that his services were wrongly terminated with effect from February 11, 1989. The respo...
Hindustan Composites Limited Vs. C.D. Konale and ors.
Court: Mumbai
Decided on: Dec-06-2001
Reported in: (2002)IVLLJ69Bom
Nishita Mhatre, J. 1. There was contract between the Petitioner and Respondent Nos. 3 and 4 for conducting a canteen in the Petitioner's factory at Ghatkopar. It is the case of the Petitioner that Respondent Nos. 3 and 4 who are the contractors employed by them conducted, the canteen with the help of their own employees. The supervision of the work of these employees was done by Respondent Nos. 3 and 4. Wages were paid by them. Provident Fund and bonus was also paid by Respondent Nos. 3 and 4. Respondent No. 3 is a Contractor registered under the. provisions of the Contract Labour (Regulation & Abolition) Act, 1970. In 1991, the Petitioner terminated the contract with Respondent No. 3 and engaged another contractor. Apprehending termination of, services, the workmen employed with the canteen contractor, filed Complaint (ULP) No. 1520 of 1991 through the Respondent No. 2 Union before the Industrial Court under Item 9 of Schedule IV of the, Maharashtra Recognition of Trade Unions and Pre...
Anil Fabrics Vs. Abdul Salam Gulam Rasul Momin
Court: Mumbai
Decided on: Dec-06-2001
Reported in: 2002(1)ALLMR983; [2002(92)FLR1009]; (2002)IVLLJ61Bom
Nishita Mhatre, J.1. This Writ Petition challenges the order of the Labour Court passed under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'said Act').2. Facts giving rise to the present petition are as under:Respondent workman was working with the Petitioner since 1988 as a Mukadam. It appears that on November 21, 1992, he was removed from service without giving any prior notice or intimation. The Respondent, therefore, lodged a complaint with the Government Labour Officer regarding his termination of service. The matter then proceeded before the Conciliation Officer. The Petitioner appeared before the Conciliation Officer and denied that they had terminated the services of the Respondent and contended that the Respondent had stopped reporting for duty. The Petitioner contended that it was ready and willing to permit the Respondent workman to resume duty. The Conciliation Officer, therefore, closed the case and the Respondent workman resumed dut...
Sangeeta Punekar Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Dec-06-2001
Reported in: 2002(2)BomCR468
ORDER1. This petition is filed by a social worker who was working on issues related to street children, sexual abuse of children and who is a member of Forum against Child Sexual Exploitation (fort short FACSE).2. The petitioner has prayed, inter alia, for directions to the respondents State of Maharashtra in the Ministry of Home and Ministry of Women and Child Development, to ensure that institutions which purport to house young children are not allowed to function without the necessary licence under the Women's and Children's Institution (Licence) Act, 1956 and Juvenile Justice (Care and Protection of Children) Act, 2000.3. The occasion for the petition is a series of sordid incidents where young girls housed in an institution called 'Prem Sagar' situated in the compound of Redeemer Church Chawl, Babrekar Naga, Charkop, Kandivali (West), Mumbai 400 067 reported that they had been sexually abused by one Rev. Alfred who was the Director of the Institution. They reported that the said R...
Rajnish Steel Industries, Vs. Commissioner of Customs and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-05-2001
Reported in: (2002)(81)ECC92
1. Applications for condonation of delay filed by M/s. Rajnish Steel Industries, M/s. Mahalaxmi Steels Pvt. Ltd., M/s. Shiv Steel Industries and M/s. Navyug Steel Industries are allowed having regard to the reasons contained therein namely that the units were closed and that in one case counsel for the applicant misplaced the appeal file.3. All the above appeals involve a common issue and are hence heard together and disposed off by this common order, after waiving the requirement of pre-deposit since the issue in dispute stands settled by the decision of the Larger Bench of the Tribunal in the case of Sawan Mal Shibumal Steel Rolling Mills. v. CCE, Chandigarh-I 4. The appellants are manufacturers of hot re-rolled products of non-alloy steel by operating hot steel re-rolling mill. They are liable to pay duty at compounded rates in terms of Section 3A of the Central Excise Act, 1944, and the duty is determined depending on the annual capacity of production, or such factors relevant to ...
Commissioner of Central Excise, Vs. Gan Pharmaceuticals Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-05-2001
Reported in: (2002)(80)ECC431
1. The respondents are engaged in the manufacture of excisable goods falling under CET sub-heading 3003.10 and availing total exemption from payment of duty under Notification 48/77 dated 01/04/1977 in respect of 'Physician Samples' for their loan-licensee M/s. Elder Healthcare Limited. The department was of the view that the form of packing of the samples was not distinctively different from the regular trade packing and that therefore the assessees did not fulfil one of the conditions of the notification above mentioned and hence the Range Superintendent issued a show cause notice for recovery of duty of Rs. 27,587.53 on this account. The Assistant Collector adjudicated the notice confirming the demand while the lower appellate authority extended the benefit of the notification holding that the respondents had complied with the conditions thereof. Hence this appeal by the Revenue.2. We have heard Shri Pardeshi for the Revenue and perused the records as none appeared for the responde...
Shiv Indersen Mirchandani of Bombay and anr. Vs. Natasha Harish Advani ...
Court: Mumbai
Decided on: Dec-05-2001
Reported in: 2002(2)BomCR436; II(2002)DMC89
J.A. PATIL, J.1. 'Marriages are settled in heaven and they are performed on earth.' Whether and where a marriage can be dissolved is a matter in the domain of the earthly law governing the spouses. But the matrimonial laws are not common everywhere in the world and they differ from country to country. The problem arises when the parties have their domicile in one country and one of them obtains matrimonial relief in a foreign country. The moot question posed in this Notice of Motion is whether the decree passed by a Swedish Court can be recognised by this Court, as being conclusive, or not. 2. This is a case where a Hindu domiciled in India got married in civil form in New York to a Swedish woman of Christian religion, who lived with him after the marriage for about six years and bore two children to him. Thereafter, she separated from him and went back alongwith her two children to Sweden. Six years after the separation, the man went to Sweden where both of them by mutual consent obta...
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