Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
Swatanter Kumar, C.J.1. Industrial growth and economic prosperity leads to development in various fields. Increase in influx of vehicular traffic is one of the essential consequences of such development. Easy communication and transport facility is essential ingredient for a developing city. The State and other development authorities utilise huge public funds for planned development including laying of roads to ensure more convenient accessibility to various parts of the city or town and to ensure free flow of traffic. Despite consorted efforts in this direction, it is a matter of public knowledge that traffic congestion has become a serious problem for Municipal administration. Generation of revenue by State/public authorities is again an essential feature of economic progress but such revenue generation normally should not be at the cost of environmental, social and human rights. Rudiments of socioeconomic development require that development should be in consonance with the existin...
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR301; 2009(1)BomCR385; 2008(5)MhLj216
D.Y. Chandrachud, J.1. The challenge in these proceedings under Articles 226 and 227 of the Constitution is to the orders passed by the Labour Court on 3rd June, 1994 and 20th May, 1995 in a complaint of unfair labour practices and an order dated 16th October, 1996 passed by the Industrial Court in revision.2. The petitioner was employed as a junior clerk with the First respondent since 13th January, 1972. Two charge-sheets were issued to the petitioner by the management - the first dated 3rd June, 1991 in respect of an incident which was alleged to have taken place on 29th May, 1991 and the second dated 29th October, 1991 in respect of an incident which is alleged to have taken place on 28th September, 1991. The allegations in the first charge-sheet issued were to the following effect:On 29th May, 1991 when you were in the General Shift, you were asked by your department head to show him whether the PLA and RG 23 registers were updated. You replied that there was a backlog of 2 days a...
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)MhLj711
F.I. Rebello, J.1. The petitioner was served with charge-sheet dated 15-5-1990. In the charge sheet it was alleged that the petitioner being a staff member applied for and was authorised a staff concessional air passage Bombay/Delhi/Bombay against which he was issued on 15-1-1988 a ticket No. 098-403062 against payment of Rs. 356/-. It was then alleged that the petitioner passed on the said ticket to one Mr. Mohan Lal, Advocate, who has approached him to obtain for himself a full fare ticket of Rs. 2170/- which was to be defrayed from the several loans advanced to him by Mohan Lal earlier. The said Mohan Lal was not happy to receive a staff concessional passage ticket issued to the petitioner in lieu of the desired full fare ticket. Said Mr. Mohanlal reported the matter to the respondent company whereupon the petitioner paid Mr. Mohan Lal the sum of Rs. 1850/- leaving a balance of Rs. 320/- to be paid, and collected the said ticket back.It was then alleged that on further investigation...
Tag this Judgment!Court : Mumbai
Per Court: 1. By this Petition under Article 226 of the Constitution of India, the Director of Income Tax (International Taxation), challenges the order dated 11 September 2007 passed by the Income Tax Settlement Commission (the Commission) under Section 245-D(2C) of the Income Tax Act, 1961 (the Act). 2. The challenge is essentially on the ground that the impugned order dated 11 September 2007 of the Commission was passed ignoring the statutory requirement under the Act particularly the requirement of making full and true disclosure by respondent Nos.2 to 11 herein as applicants before the Commission. 3. Brief facts leading to this petition are:- (i) Respondent Nos.2 to 11 are part of Star Group of Companies which is owned by News Corporation of United States of America. The Respondent Nos.2 and 5 to 10 are incorporated in British Virgin Islands while respondent Nos.3 and 4 are incorporated in United Arab Emirates. All the respondents have their principal place of management at Hong K...
Tag this Judgment!Court : Mumbai
A.S. Gadkari, J. 1. The appellants are the original accused nos.1 and 2 respectively. The learned Sessions Judge, Pandharpur by its impugned judgment and order dated 19th May 2007 in Sessions Case No.101 of 2006 convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.1000/- each, in default of the same to suffer RI for one month. The appellants have been further convicted under Section 201 read with Section 34 of the Indian Penal Code and are sentenced to undergo RI for 3 years and to pay fine of Rs.500/-, in default of the same to suffer RI for one month. The learned Trial Court has directed that both sentences to run concurrently. The appellants have questioned the correctness of their conviction by the present appeal. 2. The appellants were original accused nos.1 and 2 before the leaned Trial Court and therefore they are described hereinafter as accused nos.1 and 2 res...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)11ITR587(Mum.)
1. The assessee individual is a Development Officer in the Life Insurance Corporation of India (LIC). For these assessment years under appeal, the assessee claimed that the entire amount of conveyance allowance received by him from the LIC, was incurred by him for procuring insurance business. The assessee maintained a car. He produced before the ITO, the vouchers for the purchase of petrol, oil, etc. The ITO held that part of the expenses claimed must relate to personal use by the assessee of his motor car. He disallowed 20 per cent of the conveyance allowance as on personal account and added it up as perquisites in the total income. The assessee was in receipt of bonus commission from the LIC, for procuring more business for the Corporation. It was claimed before the ITO that substantial amounts had to be spent by the assessee for encouraging the agents. 25 per cent of the amounts received as bonus commission was claimed by the assessee as incurred for procuring more business. Accor...
Tag this Judgment!Court : Mumbai
Reported in : 1974CriLJ995; 1974MhLJ173
ORDERChandurkar, J.1. These two applications arise out of Session Trial No. 14 of 1973 in which 44 accused persons from village Erangaon in Tahsil Saoner. District Nag-pur are being tried on the allegations that they committed the murder of one Ramdas on 11-8-1972. Dr. Arun Ganesh Phansalkar, applicant in Criminal Application No. 257, who is an Assistant Surgeon at the Health Unit Hospital Saoner, is alleged to have carried out the post-mortem examination of the dead body of deceased Ramdas at Saoner. Head Constable Mohboobkhan son of Mohammad Khan, applicant in Criminal Application No. 261 of 1973, is alleged to have made the inquest panchanama and the spot panchanama when the dead body of the deceased was taken out from a well. The prosecution at the trial examined several witnesses. Both the applicants were cited as witnesses but were not examined by the prosecution, because, according to them, the two witnesses were hostile to the prosecution Therefore, after evidence of all the wi...
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR862; [2008(117)FLR651]; 2008(4)MhLj780
B.H. Marlapalle, J.1. The Petitioner company is aggrieved by the passed by the First Labour Court at Pune on in Reference(IDA)No. 211/1993. Reference has partly allowed by directing reinstatement of Respondent workman in his original post of with continuity of service but without backwages intervening period i.e. from 24-8-1992 till the date of the Award i.e. 16-11-1996. Award 16-11-1996beenthesafaiwalafor the 2. While granting Rule in this petition, this Court had stayed the impugned Award application filed by the Section 17B of the Industrial Act for short), this Court in toto respondent Disputes directed and workman Act, 1947 the on the under (the petitioner company to pay him wages at the rate last drawn by him and it appears that for the last more than ten years he is in receipt of the said benefit.3. On 30-8-1991 the Respondent was issued a chargesheet alleging acts of misconduct as under:(a) commission of an act subversive of discipline or good behaviour on the premises of the e...
Tag this Judgment!Court : Mumbai
Reported in : 2004(6)BomCR197; [2004(102)FLR1052]; (2004)IIILLJ904Bom; 2004(3)MhLj829
D.Y. Chandrachud, J.1. Two petitions are before the Court in these proceedings under Article 226 of the Constitution. Both the petitions are directed against an award dated 30th March 2000 of the 6th Labour Court at Mumbai.2. The petitions, it is common ground, relate to termination of the services of two workmen, Eknath Harishchandra Katkar and Dinanath Sharda Yadav, on a charge of misconduct. Two chargesheets were issued to Eknath Katkar by the employer. The first chargesheet dated 10th January 1984 recited that it is alleged that on 9th January 1984, while he was on duty at about 12.10 p.m., the workman acting in concert with certain other workmen, incited, instigated and abetted the workmen of the Quality Control Department on duty to wilfully slow down their performance of work during normal conditions as also to reject good bottles and pass bad bottles with a view to causing loss of production and wrongful loss of revenue to the employer. This, it is alleged, was to pressurise th...
Tag this Judgment!Court : Mumbai
Oral Judgment: (A.S. Oka, J.) 1. Heard learned counsel appearing for the petitioner and learned A.P.P. for State. Rule. Learned A.P.P. waives service for the Respondents. Taken up for hearing. 2. The grievance of the petitioner in this petition under Article 226 of the Constitution of India is that though the petitioner has made a complaint dated 26th August, 2011 with Vadgaon Nimbalkar Police Station, Taluka Baramati, District Pune alleging the commission of cognizable offence by certain persons, no action has been taken on the basis of said complaint. On the last date, we directed the learned A.P.P. to take instructions. However, the learned A.P.P. states that concerned Officer has not given instructions. 3. It will be necessary to make a reference under Section 154 of the Code of Criminal Procedure, 1973 (hereinafter referred to as said Code). Sub-section 1 of Section 154 uses the word shall. Sub-section 1 of Section 154 came up for consideration before a Full Bench of this Court. I...
Tag this Judgment!