Mumbai Court September 2007 Judgments

Sayed A.S.H. Vs. Larsen and Toubro Ltd.

Court: Mumbai

Reported in: [2008(116)FLR1115]; (2008)ILLJ569Bom

D.B. Bhosale, J.1. Heard learned Counsel for the parties.2. The petitioner has taken exception to the Awards Part-I and Part-II dated July 18, 2005 and April 7, 2007 respectively by which a reference made by the Commissioner of Labour, Mumbai under Section 10(1) and 12(5) of the Industrial Disputes Act, 1947 stands dismissed. The Labour Court has held that the enquiry conducted against the petitioner was fair and proper and that the findings recorded by the enquiry officer cannot be termed as perverse.3. Mr. Anilkumar, learned Counsel for the petitioner has challenged the findings on the issue of enquiry being fair and proper on two grounds. Firstly, the Management had made discrimination between Shaikh and the petitioner, who were similarly placed and involved in the very same incident by allowing Shaikh to retire, and secondly, that the witness who was examined by the petitioner was harassed and as a result of which other witnesses did not come forward and depose in favour of the pet...

Govardhandas Odhavji Dhakan and anr. Vs. Appropriate Authority

Court: Mumbai

Reported in: (2008)214CTR(Bom)114; [2008]304ITR168(Bom)

J.P. Devadhar, J.1. Whether the Appropriate Authority was justified in passing the impugned order on 25th Feb., 1993 under Section 269UD(1) of the IT Act (the Act' for short) for purchase of Flat No. 11 (3rd floor) Vatika, Vile Parle Vatika CHS Ltd., Baptista Road, Vile Parle (West), Bombay 400 056 (the said flat' for short) is the question raised in this petition.2. The relevant facts are that, by an agreement dt. 21st Nov., 1988, the petitioners had agreed to purchase the said flat for consideration of Rs. 17,21,000. On an application made in Form No. 37-1, the Appropriate Authority passed an order under Section 269UD(1) of the Act on 27th Oct., 1989 for purchase of the said flat without giving any opportunity of hearing to the petitioners. On a Writ Petn. bearing No. 3216 of 1989 filed, this Court by an order dt. 16th Dec., 1992 set aside the order dt. 27th Oct., 989 and directed the Appropriate Authority to decide the matter afresh in the light of the directions given by the apex C...

Ketki Research Institute of Medical Sciences Ltd. and ors. Vs. Dr. Ash ...

Court: Mumbai

Reported in: [2008]144CompCas663(Bom)

C.L. Pangarkar, J.1. Rule. Heard finally with consent of parties.2. These two appeals are filed under Section 10F of the Companies Act, 1956 ('the Act') by the original respondents. The parties shall hereinafter be referred to as appellants and respondent.3. A few facts may be narrated as follows:The respondent, Dr. Ashok Arbat, is a promoter and founder director of a company known as Ketki Research Institute of Medical Sciences. Even the appellants were the founders of the said company. The respondent Dr. Ashok Arbat was, until his removal, a managing director-cum-chairman of the board of directors. It appears that the relations between the appellants on one part and respondent, Dr. Ashok Arbat on the other were strained. They were particularly strained because of his strained relations with appellant No. 2 Meena Patil his ex-wife.4. The company had obtained a loan from SICOM, a Government of Maharashtra undertaking. The loan amount was more than crores of rupees. The company was unab...

Deepak Fertilisers and Vs. Dy. Cit(A), Range 3(1)

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2008)117TTJ(Mum.)752

These are cross appeals filed by the assessee as well as Revenue pertaining to Assessment Years 1997-98 to 2001-02, which have been heard together and are being disposed of by the common order for the sake of convenience.1. The first issue relates to disallowance of interest Under Section 36(1)(iii) of 1.1. Act, 1961 (the Act). This issue arises in the appeals relating to Assessment Years 1997 98, 2000-01 and 2.001-02.Since facts are identical and the issue originates from the Assessment Year 1990-91, the facts as found by the Tribunal in the appeal relating to Assessment Year 1990-91 are being narrated hereafter. The assessee company was engaged in the business of manufacturing of Liquid Ammonia since the year 1983. The basic raw material was industrial gas which was supplied by ONGC. The goods manufactured were sold to Rashtriya Chemicals and Fertilisers (RCF) and Zuari Agro Chemicals Ltd. (ZACL).The assessee company was entirely dependent on the aforesaid two companies to sustain t...

Mohd. Nissar S/O Mohd. Ibrahim Pawar Vs. Shivaji S/O Bhanudas Kardile

Court: Mumbai

Reported in: 2007(6)ALLMR176; 2007(6)BomCR510

V.R. Kingaonkar, J.1. This is an Election Petition seeking declaration that election of Respondent to Maharashtra Legislative Assembly from 230 - Nagar Newasa Constituency is void and further to set aside the said election. Interim application (C.A. No. 4/2005) is moved by Respondent for dismissal of the Election Petition in limine as provided Under Section 81, 82, 117 and 86 of the Representation of People Act read with Order VI Rule 16 and Order VII Rule 11 of the C.P.C., 1976.2. The petitioner claims to be voter of 230 Nagar Newasa Constituency. He claims to be a social worker and founder member of private organisation called 'Muslim Vikas Parishad'. The motto of the organisation is said to be to make endeavour for progress, upliftment and development of the Muslim community in India.3. The Election programme for the Maharashtra Legislative Assembly elections from 230 Nagar Newasa Constituency was declared and published on 15th September, 2004. The last date of filing of nomination ...

United India Insurance Co. Ltd. Through Its Divisional Manager and Aut ...

Court: Mumbai

Reported in: 2008ACJ1940; 2007(6)ALLMR392; 2007(6)BomCR752; (2007)109BOMLR2064; 2008(1)MhLj318

V.R. Kingaonkar, J.1. This appeal arises out of award rendered by Motor Accident Claims Tribunal, Ahmednagar, in M.A.C.P. No. 1025 of 1994.2. There is no dispute about the fact that on 04.12.1993 a motor-cyclist by name Maruti Keshav Darekar was knocked down due to dash of jeep vehicle No. MH-20-9485, which came from opposite direction. The accident occurred on Supa-Pune Road. It was fatal accident. Maruti was admitted in Civil Hospital for treatment of accidental injuries. He died as a result of such injuries on the same day. He was a Supervisor working in P.W.D. at Pune. At the relevant time, he was returning from Shirdi on Bajaj Motor Cycle No. MH-12-H-4056 (Bajaj Kawasaki). There is no dispute about the fact that original claimants, who are his wife, minor sons and mother have lost dependency due to his death. The Tribunal determined compensation at Rs. 2,12,000/-. There is also no dispute about fairness of the compensation. The offending jeep vehicle was insured with the appellant...

Sultan Khan Son of Hamidullah Khan Vs. the Principal, B.N. College of ...

Court: Mumbai

Reported in: 2008(2)ALLMR183; 2008(1)BomCR291; (2007)109BOMLR2268; [2008(116)FLR811]; 2008(2)MhLj305

A.H. Joshi, J.1. By an order dated 14th February, 2007, this Court had directed to issue notice of final disposal of the petition at the stage of admission hearing. Accordingly, the respondent has appeared and filed reply. Pleadings are complete. Hence, Rule. Rule returnable forthwith. Heard finally by consent of parties. The facts, as emerged from the petition, and more precisely so from the Affidavit-in-Reply of the respondent, can be grasped and reproduced as follows:2. The College run by the respondent has a Co operative Stores. The petitioner was on duty on 22nd May, 1996. While on duty, the petitioner noticed that student Amit Godbole was carrying away an empty carton from the Co operative Stores. The petitioner caught hold of said Amit Godbole, brought him to the room of Rector and forced him to sit there, and thereby, the petitioner has manhandled Amit Godbole. This had created tension amongst students and posed a threat of breach of peace in the college. The petitioner and ano...

Sitaram Gosavi Khurarkar (Since Deceased Through His Legal Heirs Anant ...

Court: Mumbai

Reported in: 2007(6)ALLMR609; 2008(1)BomCR304; 2008(2)MhLj760

V.M. Kanade, J.1. The appellant - original claimant has filed this appeal, challenging the judgment and order passed by the Civil Judge, Senior Division, Alibag, District Raigad in Land Acquisition Reference No. 65 of 1982.2. Brief facts are as under:3. The Special Land Acquisition Officer, Metro Centre No. 1, Panvel, District Raigad, acquired Survey No. 92 admeasuring 53 acres and 1 guntha which is equivalent to 5310 sq. meters for the New Bombay Project. The land was acquired for the benefit of CIDCO. A notification under Section 4 of the Land Acquisition Act was published on 3rd/4th February, 1970. The award was passed on 14/08/1981. The Special Land Acquisition Officer awarded compensation @ Rs. 3/- per sq. meter as against the claim @ Rs. 25 per sq. meter made by the appellant herein in his reply to the notice under Section 9 of the Land Acquisition Act. The possession of the land was taken by SLAO on 14/08/1981.4. Being aggrieved by the said order, the appellant preferred a refer...

Principal, B.K.M. High School and anr. Vs. Keshab Achari

Court: Mumbai

Reported in: 2008(2)ALLMR198; 2008(1)MhLj438

Nishita Mhatre, J.1. The petition challenges the order of the School Tribunal dated 13-1-1998 in Appeal No. BOM/127 of 1996. By this order the School Tribunal has allowed the appeal and set aside the order of termination of service dated 26-11-1996. The Tribunal has directed the petitioners to reinstate the respondent No. 1 with continuity of service and full backwages.2. The 1st respondent was employed as an Assistant Teacher on probation from 1-8-1995. He was in service for the period from August 1995 to April, 1996. It appears that on 10-7-1996 he raised a grievance regarding the mode of payment of salary. A memo was served to the respondent on 14-8-1996 on account of his late attendance for the First Mid-Term Test of 1996 for which the respondent had been appointed an Invigilator. As he was not present at the specified time in the school, the petitioners, requested the respondent to act more responsibly. On 24-8-1996 a memo was issued to the respondent indicating that the answer-sh...

J. Rajagopal Vs. Ito

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. These cross appeals are preferred by the assessee as well as the revenue against the orders of the Commissioner (Appeals) pertaining to the assessment year 2002-03.2. The facts in brief on issue in dispute with regard to non-granting of credit for TDS on salary and professional fees, borne out from the record are that the assessee joined the company M/s. Ways India Ltd. as CEO on 3-10-2000 and continued in this employment till January, 2002.In the assessment year under appeal, i.e., 2002-03, the assessee's employer M/s. Ways India Ltd. deducted the Tax Deduction at Sources at source on the salary as under: Similarly, the assessee has received professional fees from the company Enro Discover India Ltd. as under: No Tax Deduction at Sources certificate was issued by the employer to the assessee. He however filed the return of income claiming the Tax Deduction at Sources deducted by the employer. The assessing officer did not allow the credit for Tax Deduction at Sources of Rs. 26,65,...