Court : Mumbai
Decided on : Mar-14-1988
Reported in : AIR1989Bom111; (1988)90BOMLR219
Shah, J.1. IN Writ Pent. No. 1876 of 1984 Dr. Harihar Bhakre v. Chancellor of Nagpur University which was decided on Dec. 7 (reported in 1985 LIC 1481), by a Division Bench of this Court at Nagpur (Paunikar & Deshpande, JJ). Wherein the legality of the employment notice issued by the Nagpur University under s. 57(4) (a) of the Nagpur University Act , 1974 (hereinafter referred to as the Act ') vis--vis reservation for the backward classes was under challenge, amongst various other points involved in the said petition. The Division Bench took the classes in respect of the posts of Professors, Readers and Lecturers adverted was not necessary, but that it is enough, if the posts reserved are mentioned numerically out of the total posts to be filled in. the Division Bench further held that having regard to the provisions of S. 57 (4) (d) and (e) such reservation could be made by the Executive Council under S. 57 (4)(e) even after the selection by the Selection committee on merit under S. 5...
Tag this Judgment!Court : Mumbai
Decided on : Jun-15-1988
Reported in : 1989(1)BomCR388
..... the witness sakalkar stated in the course of his statement that he is a motor-cycle pilot; on the day of the raid, i.e. on 5th march, 1986, a passenger had hired his motor-cycle at about 7.30 a.m. and as such, he had taken him to a place in the neighbourhood of the calangute police station, and .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-21-1988
Reported in : AIR1988Bom248; 1988(2)BomCR177; [1988]64CompCas837(Bom)
..... air1983ker69 , the question arose before the learned single judge as under : the taxi drivers were parking their taxies in the parking area adjacent to cochin aerodrome building and collecting passengers alighting from the various flights. the aerodrome building and the parking area are situate about one furlong away from the national highway and both are connected by a link road ..... , the expression used in the definition is 'a right of access' and not 'access as of right'. lastly, when it states that any place or stand at which passengers are picked up or set down by a stage carriage, is a public place, it shows that it is not so much concerned with the ownership of the place as ..... road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;'11. the first thing to remember with regard to the definition is that it is an inclusive one. secondly, it .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1988
Reported in : 1988(3)BomCR331; 1988(18)ECC287
ORDER1. While dealing with this petition under Art. 227 of the Constitution read with S. 482, Criminal P.C., 1973 (hereinafter referred to as 'the Code') for quashing of process issued by the learned Chief Matropolitan Magistrate, Bombay, in Criminal Case No. 472/CW/1988, at the admission stage, I am reminded of the observations made by the Supreme Court in the case of State of Maharashtra v. Champalal Punjaji Shah, : 1981CriLJ1273 as under :'It is one of the sad and distressing features of our criminal justice system that an accused person, resolutely minded to delay the day of reckoning, may quite conveniently and comfortably do so, if he can but afford the cost involved, by journeying back and forth, between the Court of first instance and the superior Courts, at frequent interlocutory stages. Applications abound to quash investigations, complaints and charges on all imaginable grounds, depending on the ingenuity of client and counsel. Not frequently, as soon as a court takes cogniz...
Tag this Judgment!Court : Mumbai
Decided on : Mar-01-1988
Reported in : (1989)75CTR(Bom)76; [1988]174ITR465(Bom)
V.A. Mohta, J.1. The petitioner, Laxman Joshi, was a clerk in Savatram Mills, Akola. On September 9, 1974, he filed returns of his income for the assessment years 1968-69 to 1975-76, prior to the issuance of a notice to him under section 139(2) of the Income-tax Act, 1961 ('the Act'). The assessment for the assessment year 1974-75 was completed on April 24, 1977, and for the rest of the years on March 10, 1978. All the returns excepting for the assessment years 1972-73 and 1973-74 were accepted by the Income-tax Officer. For the assessment years 1972-73 and 1973-74, the valuation of the building then under construction shown in the returns was not accepted due to the different valuation made by the authorised surveyor. Some additions were made only on that basis. In appeals, some relief was granted. No penalty proceedings for concealment of income were initiated under section 271(1)(c) of the Act. But, for late filing of the return and for not filing the estimate of advance tax, penalt...
Tag this Judgment!Court : Mumbai
Decided on : Jan-21-1988
Reported in : II(1988)ACC353; (1988)90BOMLR144
..... ] ker 89 question arose before the learned single judge as under: the taxi drivers were parking their taxies in the parking area adjacent to cochin aerodrome building and collecting passengers alighting from the various flights. the aerodrome-building and the parking area are situate about one furlong away from the national highway and both are connected by a link road ..... thirdly, the expression used in the definition is 'a right of access' and not 'access as of right'. lastly, when it states that any place or stand at which passengers are picked up or sat down by a stage - carriage, is a public place, it shows that it is not so much concerned with the 'ownership of the place as ..... a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage.the first thing to remember with regard to the definition is that it is an inclusive one. secondly, it in .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jan-25-1988
Reported in : (1988)(18)LC632Tri(Mum.)bai
1. The Revision Application filed before the Central Government against the order bearing No. 44 of 1981 dated 11.3.1981 passed by the Central Board of Excise and Customs statutorily stood transferred to the Tribunal for being heard as an appeal.2. The Collector of Central Excise, Baroda in an adjudication proceeding ordered the appellant to pay the duty of excise at the appropriate leviable rate on 15823.7 kgs. of unmanufactured tobacco stated to have been illicitly received into and removed from their L-2 premises. He also imposed a penalty of Rs. 200/- on each of the 98 sale notice under Rule 32 stating each transaction as a separate and independent transaction. He further imposed another penalty of Rs. 2,000/- under Rule 40 in respect of 2 T.P.I. dated 15.4.1978 and 4.4.1978 under Rule 40 of the Central Excise Rules.3. Feeling aggrieved by the order, the appellants herein, preferred an appeal before the Central Board of Excise and Customs and the Board, while setting aside the dem...
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