Court : Mumbai
Decided on : Jan-27-1989
Reported in : (1989)91BOMLR156; 1989MhLJ538
..... under sub-rule (5) of rule 80 of the goa, daman and diu school education rules, 1986 for short the education rules made under section 29 of the goa, daman and diu school education act, 1984. according to the petitioner trained graduate teachers is a distinct and separate category from other categories and the post of a supervisor in a ..... was entitled to complete his training within a period of five years. when the grant-in-aid code had been replaced by the goa, daman and diu school education act, 1984 and rules, 1986 the same position has been reiterated as shown above and therefore it is abundantly clear that the professional qualification of training is not a ..... counter has been filed by the director of education, government of goa, opposing the petition. it is averred by him that prior to coming into force of the education act of 1984 and the education rules, 1986 the secondary schools were governed by the grant-in-aid code and that code provided for two categories of teachers namely (i .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1989
Reported in : AIR1989Bom331; 1989(2)BomCR433; (1989)91BOMLR139
..... gains out of the intellectual property.23. applying the test of the character of the audience watching these video films , can this audience be called a section of the public or is this audience a private or domestic audience of the defendants in the present case. it cannot be said that the audience which ..... last test which has been applied in such cases is the test of ascertaining the character of the audience in view of the purpose of the copyright act . the copyright act is meant to protect the owner of the copyright against unauthorised performances of his work, thereby entitling him to earn monetary gain from his intellectual property ..... place, where the artists perform. a broadcast, however, posed problems. where does the performance take place?. hence the above decision of the english courts. under our copyright act , 1957 a broadcast to the public is expressly covered. there is no need, therefore, to consider where the 'performance' takes place. hence english decisions on this aspect .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-01-1989
Reported in : 1989(1)BomCR455; (1989)91BOMLR620
..... empowered to levy tax under the label of octroi. section 127 of the act empowers the corporation to impose the tax which includes octroi under clause (2) sub-clause (a). this power is conceded on behalf of the petitioners. an ..... (e) of rule 16 would apply.4. octroi has now been accepted as a tax which is defined in sub-clause (42) of section 2 of the bombay provincial municipal corporation act, 1949 ('the act') as a cess on the entry of goods into the limits of a city for consumption, use or sale therein. the respondent corporation is ..... elaborate mechanism and procedure for imposing such taxed and their recovery is incorporated under the different provisions of the act as also in octroi rules ('the rules') of the said corporation the validity of which is also not denied by the petitioners. as an annexure, the respondent corporation .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-1989
Reported in : 1990(2)BomCR168; 1991(1)MhLj906
..... be a fresh consent when the award is filed before the court. the gujarat high court in : air1978guj42 (cited supra) observed:'the consent under proviso to section 47 of arbitration act means consent to the reference and also to the award and no further consent to the terms of the award at the time of recording the compromise under order ..... or compromise' are wide enough to include an adjustment by arbitration followed by a valid award.'18. mr. mehadia urged before me that even a proviso to section 47 of the arbitration act permits the court to pass a decree in terms of the award by way of adjustment or compromise. the proviso reads as follows:'provided that an arbitration ..... in my view, it is not at all necessary to go into this question. i take it that no formal reference was made by the court under section 23 of the arbitration act. the question that is germane for the decision of this controversy is, whether the omission to make a formal reference vitiates the whole award. if it vitiates, .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-07-1989
Reported in : [1989(59)FLR95]; (1995)IIILLJ230Bom
..... behaviour of respondent no. l was brought to the attention of the tribunal only with a view to sustain the action of the management. sub-section (3) of section 5 of the act specifically provides that the management could terminate services of the probationer if during the period of probation the work or behaviour of any probationer is found ..... before period of two years, his service was terminated with effect from september 1, 1984 on the ground that his work was found unsatisfactory. sub-section (3) of section 5 of the act enables the management to terminate the service of a probationer during the period if the work or behaviour is found not satisfactory. the tribunal, in the ..... submission of the learned counsel on the basis that respondent no. 1 was appointed in a clear vacancy and which was also a permanent one. sub-section (2) of section 5 of the act provides that every person appointed to fill a permanent vacancy shall be on probation for a period of two years. the respondent no. l was .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-07-1989
Reported in : 1990(1)BomCR265
..... application was filed by the landlord (predecessors-in-title of the respondents) for recovery of possession of the suit lands from the petitioners under section 14 read with section 29 of the tenancy act, after giving necessary yearly notice to the tenants in that behalf.(d) that the tenancy aval karkun did not reject the application at all ..... and the tribunal ordered that 32-g proceedings should be kept pending till the present respondents' application for restoration of possession filed under section 14 read with section 29(2) of the tenancy act was decided.it is against this order that the tenants have filed these two petitions in this court.i may mention here that the ..... officer was applied for by the landlords on 18th february, 1974. mr. pai's contention is that the agricultural lands tribunal started proceedings under section 32-g of the tenancy act in the year 1972 which was the reason why the landlords wanted to start the proceedings for the restoration of the lands. according to him, .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-08-1989
Reported in : AIR1990Bom228
..... the parties rejected this amendment. the reason for rejecting the claim was that the suit was pending before the court of small causes and sec. 7 of the small cause courts act does not empower the small causes court to grant any injunction. according to the trial court when the court taking seisin of the case ..... which have a tendency to decide the rights and liabilities of the parties, becomes susceptable to the revisional jurisdiction of the high court under section 25 of the provincial small cause courts act. this court, therefore, is competent to entertain this revision. the order challenged is thus susceptible to the revisional jurisdiction of this court.6 ..... for the respondent raised a preliminary objection that the revision is not maintainable either under s. 115 of the code of civil procedure or sec. 25 of the provincial small cause courts act. what he urged was that the revisional jurisdiction flowing from both these provisions is restricted to the case which has been decided by .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Feb-09-1989
Reported in : (1989)(41)ELT332Tri(Mum.)bai
..... question whether the appellants' letter dated 3-3-1983 enclosing therewith c.l.no.2/83-84 is a valid protest giving the benefit of proviso to section 11b of the central excises & salt act, 1944. it would be necessary for us to reproduce the letter dated 3-3-1983 - "we are enclosing herewith our c.l.no.2/83-84 for ..... into existence. there was no change in law or the description of the goods and any duty recovered under an incorrect classification, can be claimed within the time limit of section 11b but this time limit does not apply where duty has been paid under protest and no question arises whether classification list was disputed or not. he, therefore, contended that ..... sr.advocate that this payment is squarely covered by the protest letter dated 3-3-1983 and hence would not be hit by the limitation of time laid down under section 11b. however, the authorities below have rejected their claim for this amount on the ground that they did not file protest as required under rule 233-b of the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-10-1989
Reported in : AIR1990Bom1; 1989(2)BomCR159; (1989)91BOMLR87; 1989MhLJ260
..... or damage :rule 6, art. iii - schedule to the act. 6. xxx xxx xxxxxx xxx xxxin any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought ..... than one year after the goods should have been delivered is clearly beyond the period of time stipulated by r. 6 of art iii of the schedule to the act. the failure to institute this suit within the prescribed time, entails the consequence provided therein. therefore, the defendants are discharged from all liability in respect of loss ..... sharjah by 14th dec., 1973. but, the defendants accepted the unmanifested goods on the ship thereby making themselves liable for action by the customs authorities. but for this act of the defendants the ship should have reached sharjah on 14th dec., 1973.9. the word 'should' is the past tense of 'shall'. its meaning is determined .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-10-1989
Reported in : (1989)31ITD142(Mum.)
..... arise on the agent of the non-resident. the salary and remuneration payable to the technicians of the assessee were not taxable as exemption certificates under section 10 of the act had been obtained.5. the cit (appeals) considered these arguments, carefully went through the clauses of the various agreements, particularly the sindri modernisation project ..... a portion of such payment was to be treated as payment for grant of licence or for royalty, the provisions of explanation 2 to section 9(1)(vi) of the act were attracted. all the activities concerning erection as well as rendering of technical services were going on simultaneously and not alternatively and therefore shri ..... assessment year under consideration, he held that the payments received during the previous year would be in the nature of technical assistance fees falling under section 9(1)(vii)of the act.11. since in the course of the hearing it appeared to us that the reasoning given by the cit (appeals) was not quite correct .....
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