Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... not be a person falling under any of the four clauses, i.e. (i) to (iv) mentioned in the definition of 'workman' in section 2(s) of the act. the class of teachers was regarded as not falling within the definition of 'workman' because imparting of education which was the main function of teachers cannot ..... or clerical, but some in one category, other in other category. thus, nature of his duties are within the four categories mentioned in section 2(s) of the industrial disputes act.'8. the learned single judge after quoting extensively from the evidence of the two witnesses examined was inclined to make the following observations :'now, ..... act. with regard to the category of district engineers, it was observed that their duties consisted of assessing suitability of sites for depots from the point of view of the technical and engineering aspects, suggesting lay-outs for construction of depots or service stations, etc. and he also gave certificate as required by the inspector of explosives .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-1989
Reported in : [1989(59)FLR320]; (1995)IIILLJ394Bom
..... but at best a contract for service with them.4. this is apart from the fact that such fleeting labourers can never avail themselves of the benefits under the act. it will be ridiculous to expect that everytime the salesmen engage coolies, they require them to fill in the declaration form for the issue of temporary identification certificate ..... the employee is issued the temporary identification certificate or identity card, as the case may be, the employee or his family is not entitled to the benefits under the act.3. the facts on record reveal that the appellants' salesmen accompany the trucks carrying the crates of bottles to their customers. they are given the assistance of two ..... of the salesmen they would exceed rs. 500/-and by virtue of the definition of employee given in section 2(9)(iii)(b) as it then stood, a person employed whose wages exceeded rs. 500/- were excluded from the operation of the act. hence, the company was not liable to contribute esc and e.c. on the salaries paid to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1989
Reported in : 1989(1)BomCR564
..... there was no judgment delivered or signed by the learned judge at all. for verifying this position, just a cursory glance at the definition of the word 'judgment' in section 2(9) of the civil procedure code is enough. the definition runs as follows :---'(9) 'judgment' means the statement given by the judge on the grounds of a decree or order ..... his case is that he did not enter into agreement for such purchase directly with defendants nos. 1 & 2, but with defendant no. 3, who, the plaintiff claims, was acting as the agent of the builders, defendants nos. 1 & 2. present respondent no. 3, who was original defendant no. 4, was the person who had purchased the self same ..... 3 as their agent. defendant no. 3 on the other hand supported the plaintiff in his contention that defendant no. 3 was acting as the agent of defendant nos. 1 & 2. the plaintiff's agreement with him acting as agent of defendants nos. 1 & 2 was also admitted. but he contended that the monies that he received from the plaintiff .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-12-1989
Reported in : 1990(1)BomCR136
..... whether permanent or temporary or work charged or on contract basis, shall be governed by the relevant provisions of the act or the statutes. it is therefore clear that the provisions of section 55 of the p.k.v. act and the statutes referred to above govern the appointment of the teachers in p.k.v.. rule 17.2 then ..... basis.47. at this stage, we may refer to the relevant provisions of the p.k.v. act and the relevant statutes framed thereunder for noticing the procedure of appointment of the university teachers. section 55 of the p.k.v. act states that no person shall be appointed by the university as a member of the academic staff, except ..... charge of his post for which officiating allowance was paid to him.5. at this stage, it may be seen that in 1968, the punjabrao agricultural university (krishi vidyapeeth) act, 1968 was enacted and by the government resolution dated 20-10-1969 the petitioner was allocated to the punjabrao krishi vidyapeeth (for short, 'the p.k.v.') which services .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jan-12-1989
Reported in : (1989)31ITD369(Mum.)
..... help to the assessee, as in those cases the attention of the hon'ble courts was not drawn to the scheme and ambit of various sections of the 1961 act like self-assessment (section 140a), assessment for refund (section 141a) as well as the fact that the advance tax and the tax deducted at source, whereunder the authority of law passed by the ..... ramnarayan (supra) would not be of much help to the assessee, as in that case the hon'ble high court was concerned with the provisions of section 240 and not of section 237 of the act.21. before we part with this issue, we would like to give a small illustration which would clearly demonstrate that if we were to accept the ..... being time barred", the income-tax authorities ought to have refunded the entire amount of rs. 1,15,967 as claimed by the assessee. inviting our attention to section 237 of the act, the learned representative for the assessee urged that since the assessee was not given the entire refund of tax paid by it, it was entitled to file an .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-12-1989
Reported in : 1(1989)ACC509
..... directed against the judgment dated 31st january, 1985, whereby the learned presiding officer of the motor accident claims tribunal, margao, dismissed the application for compensation filed under section 110-a of the motor vehicles act by the appellant.2. on 30th june, 1982, an accident took place on the margao-vasco road. the appellant sustained injuries in that accident. he was travelling ..... of this accident, the appellant had to undergo three operations, in addition to some skin grafting. he filed, therefore, an application for compensation under the provisions of section 110-a of the motor vehicles act and claimed a compensation of rs. 50,000/- which he broke up in the following manners: as special damages rs. 35,000/- and general damages rs. 11 .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-1989
Reported in : 1990(2)BomCR162
..... an application bearing no. 2 of 1985 is filed by the respondent workman seeking computation of the benefits arising from the employment under section 33-c(2) of the industrial disputes act and that application is still pending. the petitioner vide their reply dated 28th may 1985 to the notice served by the respondent expressed their ..... i) the services of the respondent were terminated because he dated to claim the benefits of a regular employee by moving an application under section 33-c(2) of the industrial disputes act, 1947 and such an action on the part of the petitioner was not only an unfair labour practice, but it also amounted to victimisation ..... termination was for the reasons other than excepted or excluded categories which are enumerated in the definition section 2(oo) of the industrial disputes act, 1947.(iii) since the pre-requisite of valid retrenchment as laid down in section 25-f has not been complied with, the retrenchment of the respondent bringing about the termination of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jan-13-1989
Reported in : (1989)(44)ELT63Tri(Mum.)bai
..... it becomes clear that no business of dealing in gold can be done without holding a licence. no licence can be granted unless an enquiry as contemplated under section 6(a) of the act read with rule 2 of the rules is made and if the case falls within the proviso to rule 2(f), then the provision of clause (f) ..... the licence on the point of there being no adequate turnover of gold. he further argued that there is no criteria laid down as contemplated under section 27(6) of the gold (control) act as to the number of gold dealers of the standard for turnover for issuance of licences in the cities like the metropolis of bombay and further ..... and that discretion was always available to the licensing authority to grant the licence.5. referring to the scheme for grant of licence under the gold control act, section 27 provides for issue of licence. sub-section 6(a) of section 27 puts an impediment to grant of licence and makes it obligatory for the licensing authority to make certain specific enquiries .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-1989
Reported in : II(1989)ACC141
..... first hand knowledge of the accident have not been examined. it is a clear cut case for drawing adverse inference against the respondents keeping in view section 106 and 114(g) of the indian evidence act. no occupant in the car survived hence the claimants cannot be held to be guilty of suppression of evidence. the tribunal has completely missed this most ..... v.a. mohta, j.1. this judgment shall dispose of first appeal nos. 103/1979, 104/1979, 105/1979, 106/1979 and 107/1979 under the motor vehicles act against the award passed by the motor accidents claims tribunal, amravati dismissing the claims for compensation arising out of an accident as a result of beadon collision between ambassador car .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1989
Reported in : [1991]70CompCas231(Bom)
..... nos. 1 and 2 by the trial magistrate is set aside and accused nos. 1 and 2 are convicted of the offence punishable under section 58b(5)(a)(i) read with section 58c of the reserve bank of india act, 1934. accused no. 1, i.e., the company, is sentenced to pay a fine of rs. 15,000. accused no. 2 is sentenced ..... india. therefore, the amounts collected by the accused by way of subscription were clearly deposits within the meaning of the term used in those directions and section 45-i(bb) of the reserve bank of india act, 1934. i have also referred to the evidence of shri damle, pw-2, wherein he has stated that he has not seized the books of ..... and 1977 issued by the reserve bank of india and, therefore, the collections made by them from the subcribers were 'deposits' within the term defined in section 45-i(bb) of the reserve bank of india act, 1934, and sub-clause (d) of para 3 of the directions issued on august 23, 1973, and sub-clause (c) of para 3 of the .....
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