Court : Mumbai
Decided on : Aug-11-1989
Reported in : 1990(3)BomCR50; 1990CriLJ685
..... that it was not desirable to impose a sentence of imprisonment for the first offence and, therefore, merely imposed a fine of rs. 300/- under section 4 of the gambling act. the state preferred a revision application which came up before the additional sessions judge, kolhapur, who, on hearing the parties made a reference to ..... matter of dispute in this revision application.3. mr. g. d. kirtani, learned counsel appearing for the petitioner, in his foremost submission has now urged that section 3 of the act, insofar as the imposition of penalty viz., substantive imprisonment and fine is concerned, is not mandatory and, on the contrary, it is discretionary. such interpretation, ..... of simple imprisonment. the magistrate held that he was bound to impose a substantive sentence of imprisonment and also a fine on the grounds that section 3 of the act is mandatory and leaves no scope for discretion.2. the appeal taken by the petitioners before the sessions court was dismissed as the learned sessions .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-1989
Reported in : 1990(2)BomCR297
..... whole should be read and if it is read there is sufficient material on the record to hold prima facie that the 1st respondent has committed an act which is prohibited under sections 161 and 163 of the criminal p.c., and to that extent the matter be remanded back to the trial magistrate for trial.23. mr. ..... mantralaya, bombay - 400 032dated 7-11-1984no. dlp/0984/c 354 + pol-3.---in exercise of the powers conferred by clause (b) of sub-section (2) of section 6 of the b.p. act, 1951 (bom xxii of 1951) and of all other powers enabling it in this behalf the government of maharashtra hereby directs that all the powers, functions ..... a police officer and every such member is entitled for protection of the said notification. learned advocate general further contended that police officer defined under section 2(11) of the bombay police act throughout the state is charged with the maintenance of public order and, therefore, there is no question of issuing any further notification notifying a particular .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Aug-14-1989
Reported in : (1990)(48)ELT441Tri(Mum.)bai
..... that the analysis has been done only on the basis of scientific and petrological consideration.this is evident from the report, which reads as follows: "the section of the rock shows typically bimodal, particularate texture. the packing is mud supported. the allochem components include mainly polistal material and spares, well preserved shell ( ..... learned representative shri merchant stated that hsn definition of marble is appearing only in the explanatory notes and no such definition is appearing either in the act or customs tariff. hence the definition given in the explanatory notes has no statutory force. only the technical definition of marble which gives petrological and ..... the facts of the case, put forth his arguments on the basis of five propositions set out below : (i) expression 'marble' in customs tariff act entry no. 25.15 is manifestly appearing in technical nomenclature and hence only technical meaning i.e. geological or petrological meaning is required to be given to .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-18-1989
Reported in : AIR1990Bom123; 1990(1)BomCR1; (1989)91BOMLR361
..... the agreement by the court. ultimately it has been held that the suit has been rightly valued by him as prescribed under the provisions of section 6(iv)(j) of the said act.30. in the same decision the learned single judge also observed that the court-fees provision applicable to case must be fixed having regard to ..... in tara deyi v. sri thakur radha krishna maharaj : air1987sc2085 , wherein it is observed that in suit for declaration with consequential relief falling under section 7(iv)(c) of the court-fees act the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purpores of court-fee ..... of the suit heng filed only in this court. he further contended that the suit would squarely fall within the purview of the provisions of section 6(iv)(j) of the bombay court fees act. he also correspondingly sought to place reliance on certain recitals of the plaint and the correspondence. thus both the parties endeavoured to reply essentially .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1989
Reported in : 1990(1)BomCR612; (1989)91BOMLR389
..... made in relation to such an establishment having factories in different states. we fell that the point relating to the jurisdiction of the controlling authority under section 3 of the act does not really arise.'the aforesaid observations confirming the earlier decision of the madras high court clearly supports the petitioner company's case. the petitioners ..... as is done by both the lower authorities. in support of this calculation the learned counsel also drew my attention to the recent amendment to section 4(2) of the gratuity act of 1972 wherein the legislature has clearly amended the said provisions. as per this amendment in order to arrive at the figure of daily wage ..... lost sight of the fact that for deciding the issue of appropriate government, one has to follow the definition under the section 2(a) of the said act and the definition of appropriate government under section 2(a) is in relation to establishment and the ownership or control of the company over the said establishment is of .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1989
Reported in : 1990(1)BomCR650; (1989)91BOMLR411; (1994)IIILLJ481Bom
..... dispute was raised immediately after the termination of services of shri sadavarte and the conciliation proceedings resulted in failure, reference was made under section 10(1) read with section 12(5) of the act for adjudication to the central government labour court at bombay as late as on 24.11.1975. after this dispute was referred for ..... no. 2-bank is not in dispute and the question whether the termination of services of shri sadavarte amounts to his retrenchment within the meaning of section 25-f of the act depends solely upon the interpretation of the rules about the conditions of service applicable to the employees of the respondent no. 2 - bank. there ..... bank for declining the relief of reinstatement to shri sadavarte. it may be seen that when there is non-compliance with the mandatory provisions of section 25-f of the act, the retrenchment is void ab initio and the employee concerned is entitled to reinstatement except in very exceptional circumstances as pointed out in the case .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1989
Reported in : 1989(3)BomCR641; (1989)91BOMLR829
..... society. if a person is a member of a society and is wrong fully excluded, then he is a 'person aggrieved' within the meaning of section 144-t of the act. section 144-x empowers the state government to make rules to regulate various stages of elections, including preparation of list of voters. therefore, depending upon the ..... , 78 to 87 of the rules. in fact these rules could not have been made in exercise of powers conferred either under section 144-t or under section 144-x or section 165 of the act. the said rules are, therefore, beyond the rule making powers and ultra vires article 14 of the constitution of india.8. it ..... , and excluding the specified societies form its ambit, created hostile discrimination . thus, in substance it is contended by the learned counsel, that under section 144-t of the act neither an adequate machinery nor adequate procedure is prescribed for filing of election disputes or its adjudication. co-operative courts exercise unlimited pecuniary jurisdiction to deal .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-28-1989
Reported in : 1989(2)BomCR653; 1990(1)MhLj124
..... was intended to be saved by using the expression in its widest connotation, no other construction can be placed on the language of that section. viewed in this light having regard to the scheme of the act and the context in which amended provision of s. 36d occurs, it seems obvious to me that the court of session shall have ..... beyond the period of 15 days and to take cognizance. the matter, therefore, has invariably to go in respect of the offences committed on or after the amendment act came into force to the special court. under sub-section (2) of s. 36a, the special court is authorised to take cognizance of the offence other than those committed under this ..... procedure, in relation to an accused person in such case who has been forwarded to him under that section. under clause (d) a special court may, upon a perusal of police report of the facts constituting an offence under this act or upon a complaint made by an officer of the central government or a state government authorised in this .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Aug-30-1989
Reported in : (1989)31ITD359(Mum.)
..... force with effect from 17-2-1976 and the reserve bank of india asked the trustees to apply the govt. of maharashtra and obtained exemption under section 20 of the said act.the govt. of maharashtra rejected the application for exemption made by the trustees by an order dated 1-1,1-77. in the meantime, by ..... valuable piece of land belonging to the estate had remained undistributed and therefore the assessments in respect of the land could only be made under section 19a of the wealth-tax act and not under section 21. since the executors of the estate had not completed the distribution of the land, they were liable to be taxed. the wto ..... estate had not been completely distributed. it was not divided between the beneficiaries on the relevant valuation date and, therefore, the provisions of section 19a(5) of the wealth-tax act were clearly applicable. section 19a(5) specifically provided for separate assessment in respect of net wealth on each valuation date as is included in the property from .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-31-1989
Reported in : 1990(1)BomCR274
..... present proceedings were set in motion. no sensible person will continue with the construction with any seriousness when the sword of cancellation of the permission under section 63 of the tenancy act was hanging on his head.in my opinion, there is no room for doubt that the entire proceeding stinks of mala fides of the ex-tahsildar ..... suffered on account of the fact that a respondent no. 1 managed to get the order of the asstt. collector under section 63 of the tenancy act cancelling the permission under section 63 of the tenancy act and without considering all the aspects of the matter, the tribunal has practically put the rubber-stamp upon the said illegal order ..... to respondent no. 1. he passed an order cancelling the previous order of permission to sell, but directed the tahsildar to pass an appropriate order under section 32-p of the act, while rejecting the respondent's prayer for allotment of the land to him.in the meantime, yamunabai had died. the present petitioners are her heirs.6 .....
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