Court : Mumbai
Decided on : Sep-07-1960
Reported in : AIR1961Bom227; (1960)62BOMLR1043; ILR1961Bom318
..... certain gold in his possession and the gold weighing in all about 152 tolas, details as in the margin, was seized under section 178 of the sea customs act pending further inquiries into the legal origin of the gold as there was certain circumstance which made the officers suspicious that the gold was liable to confiscation'. the order then goes ..... therefore, it is difficult to accept mr. gupte's contention that the reasonable belief, which is contemplated by section 178a of the sea customs act, may either be the belief in the mind of the inquiry officer at the stage of the in-uiry, or in the mind of the seizing officers themselves even after the seizure took place. in ..... as a result of the inquiry before himself he had a reasonable belief that the gold was smuggled, the additional collector of customs, in our opinion,-had no power to make the order that he has passed,, confiscating the gold under section 167(8) of the act. we agree with the finding of the learned judge that the customs had .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1960
Reported in : (1960)62BOMLR1077
..... of the government. this contention was contained in ground (t) of para. 15 of the petition. so far as the first of those contentions was concerned, the learned judge did not think it necessary to decide it, inasmuch as the counsel for the petitioners did not press it. as regards the second contention, it was negatived by the ..... was heard by mr. justice mody.3. at the hearing of the petition, out of several contentions raised by the petitioners, only four were urged before the learned judge. the first of them was that the petitioners had given to the respondents intimation of the vacancy by their letter dated may 3, 1959, that under section 6(3 ..... the premises in question, and if they could, whether they could allot them to k.a. nambiar. having made the necessary inquiries the respondents came to the conclusion that under the provisions of the landrequisition act and in the circumstances of the case, they could validly exercise their powers to requisition the premises, and allot them to k.a .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1960
Reported in : (1961)ILLJ95Bom
..... his typed order together with certain papers there referred to an has gone to the length of observing that sri fernandes was wrong or rather partial in not making inquiries into the reports against the appellant. sri fernandes' conduct however was not in question before the labour court and if sri fernandes honestly believed after hearing the ..... why he thought it necessary to take any action on the reports against the appellant and if really the management desired to take any action in the matter, the inquiry could have been entrusted to any other officer. these are the reports not fully inquired into nor finally considered for the action, if any, against the appellant ..... the form in which the order is made or of the language there used. before proceeding with the position under the bombay industrial relations act and the points raised for consideration by the learned labour judge in this connexion, a reference may be made to the recent case of assam oil company, ltd. v. its workmen 1960 i l .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-06-1960
Reported in : AIR1962Bom21; (1961)63BOMLR362; ILR1961Bom735
..... case. since the offence is clearly made out on the allegations, charge for this offence must be framed.(8) the result is that the reference made by the learned sessions judge must be rejected. in view of what i have stated above, i direct the learned magistrate, if he has not already done so, to frame an additional charge under section ..... of these goods. against this judgment accused nos. 4, 5 and 6 went in revision to the sessions court challenging the order oft learned trial magistrate. the learned sessions judge tool the view that in view of the fact that the sale in favour of accused no. 1 was completed by accused no. 2 and the others in calcutta and ..... the accused were prosecuted under section 18(a)(i),(ii) and (iii) of the drugs act, 1940. accused no. 2 had also given a warranty to accused no. 1, and therefore, an offence under section 28 was also alleged against accused nos. 2 to 6. preliminary inquiry was held by the learned magistrate and at that stage it was contended on behalf .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1960
Reported in : (1961)63BOMLR487
..... a notice. he, however, admitted that the statement of his claim was not filed by him as required by section 8(1) of the relief of indebtedness act.9. the learned judge of the lower appellate court, while dealing with the question as to whether the creditor had complied with the provisions of section 8(1) of the relief of ..... court has held that the appellant had failed to comply with the provisions of section 8(1) of the belief of indebtedness act, and, therefore, it must be taken that the debt was duly discharged. the learned judge observed in para. 9 of his judgment:the next question would be regarding the legality of the order discharging the debt ..... indebtedness act, observed as follows in para. 8 of his judgment :the first point of importance would be regarding whether laxminarayan was rightly held to be served. the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-09-1960
Reported in : (1961)63BOMLR418
..... was dismissed on october 21, 1954.3. thereafter the appellant approached the district court, west khandesh, under the provisions of section 72(1) of the act. the learned district judge, before whom the application came up for hearing, affirmed the decision of the charity commissioner and dismissed the application. the present appeal has been filed by ..... badrinarayan was not a public but a private trust. the charity commissioner considered these contentions and held that, despite the finding made by the sub-judge, registrar under the old act of 1935, he could go into the question as to whether the temple was a public trust or not, and make his finding thereon. ..... is not clear on which date) the learned sub-judge passed the following order:-from the affidavit of pralhad vaidya i am satisfied that badrinarayan temple is not a public trust. this notice and the affidavit and inquiry papers are therefore filed.after the bombay public trusts act, 1950, came into force, the appellant again made an .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-1960
Reported in : (1961)ILLJ162Bom
..... conciliation or not, cannot be properly regarded as a part of the conciliation proceedings. they are, what they purport to be on their face, only preliminary inquiries and merely because such inquiries are held, the hands of the conciliation officer cannot be said to be bound in any way. mr. neemuchwalla then said that mr. shelke had not ..... drawn a line of distinction between what is made obligatory by it and what is made discretionary. such being the position, we have no doubt that the learned single judge was right in holding that the conciliation officer had, in this matter, a discretion whether to enter upon conciliation or not. 8. the next and the most important ..... him in the shape of letters addressed to him and to other officers in the labour department by the union, it could well be said that he has acted arbitrarily or acted on insufficient material. in order to avoid such a charge against him, if a conciliation officer embarks upon a preliminary enquiry, can it be properly said .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1960
Reported in : (1960)62BOMLR1038
..... reinstated into service by any of its subordinates and thus, there is no substance whatever in thisappeal.14. for these reasons, we affirm the order of the learned single judge and dismiss the appeal. we, however, make no order as to costs of the appeal. liberty to the respondents' attorneys to withdraw kg. 250 out of the sum ..... respondent through its secretary, home department, issued a show cause notice against the appellant. in that notice it is stated that the respondent agreed with the findings of the inquiry officer on the first four counts of the charge, but that the respondent did not accept the findings on the 5th and the 6th counts. the notice further stated ..... i., a. b. ashtekar, while on duty at the shukrawar peth chowkey on 25-9-57 and 26-9-57,conductted an inquiry improperly into a theft committed by a boy named balakrishnaraghunath gogate and acted in a highly irregular and objectionable manner as described below:-(1) you did not record the statement of the boy nor did you draw .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1960
Reported in : (1961)63BOMLR355
..... 1953, given by the plaintiff to the chief executive officer was not a valid notice under section 384 of the corporation act as against the corporation and, therefore, the plaintiff's suit was not maintainable. the learned judge, however, has also recorded his finding on the question of damages and according to him the damages to which the ..... of its failure to serve notice on the defendant under section 384 of the corporation act. it was also averred that the plaintiff's suit was not maintainable in view of the provisions of section 386 of the corporation act.4. the learned judge of the trial court has held that it was necessary for the plaintiff to ..... obtain previous permission of the chief executive officer under section 227 of the corporation act before starting the factory; the chief executive officer had bona fide formed .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-10-1960
Reported in : (1961)IILLJ727Bom
..... must be held that the retrenchment of the petitioners 2 and 3 was not illegal at all.7. that being the position, we uphold the order of the learned single judge and dismiss this appeal. though we dismiss the appeal, we do not think fit to award costs of appeal to respondent 2, because they had in fact failed to ..... , to the conclusion that it was not necessary to refer the dispute to a board or tribunal under section 12(5) of the act. this was communicated to the petitioners by a letter, dated 1 july 1968 addressed to them by the deputy secretary to government of bombay, labour and social welfare department. the reasons for not referring the dispute ..... , by order in writing refer the dispute to a board or a court of inquiry or a labour court or a tribunal. section 11 of the act lays down the procedure and powers of conciliation officers, board, courts and tribunals constituted under the act. section 12 of the act sets out the duties of conciliation officers. sub-section (4) of that section .....
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