Court : Mumbai
Decided on : Jun-08-2000
Reported in : (2001)1BOMLR581; [2000(87)FLR984]; (2001)ILLJ504Bom
..... because the act is a piece of social welfare legislation enacted for the benefit of the employees. now it is true that the court has to interpret the provisions of law in case there is any doubt about the meaning to be attributed to the words used in the provision. but if the language in the provision is clear, there is ..... its employees. clause 3(b)(iv) of the settlement reads as under :'ex gratia amount payable under the terms of this clause shall not form part of wages under any laws and/or any service conditions and the payments under this clause shall not be relied on by either pay as a precedent for the future.'5. perusal of the judgment ..... any law, does not cover by the first partof the definition 'wages'. the learned counsel further submits that so far as one time ex gratia payment is concerned, it would have been ..... the first part of the definition 'wages' because there is a clear term incorporated in the settlement that this ex gratia payment shall not form part of wages under any law. the learned counsel submits that as by contract between the parties, the parties have themselves decided that this ex gratia payment would not amount to wages for the purpose of .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-22-2000
Reported in : 2001ALLMR(Cri)934; 2001CriLJ1555
s.g. mahajan, j.1. this common judgment shall dispose of criminal appeal no. 339 of 1995 and criminal appeal no. 361 of 1995. criminal appeal no. 339 of 1995 is brought by appellants no. 1 ashok kawaduji salame and no. 2 ashok ramrao bhujbal, who were accused no. 1 and 2 respectively, and criminal appeal no; 361 of 1995 is brought by appellant anil pundlikrao badhe, who was an accused no. 3, in sessions trial no. 163 of 1993 on the file of the learned additional sessions judge, amravati. each of the above accused was convicted of the offences under section 376(2)(g), section 506 read with section 34 and section 448 read with section 34, i.p.c. and was sentenced to suffer r.i. for ten years and to pay a fine of rs. 5,000/-or in default to suffer r.i. for six months more for the offence under section 376(2)(g), i.p.c., to suffer r.i. for one year for the offence under section 506 read with section 34, i.p.c. and again to suffer r.i. for one year for the offence under section 448 read with section 34, i.p.c. the substantive sentences of imprisonment were directed to run concurrently. accused no. 4 jitu alias jitendra marotrao deshbhrathar in the abovesaid sessions trial is not an appellant since he was acquitted of all the offences. the aforesaid appellants have challenged the above order of conviction and sentence in these appeals.2. the case of the prosecution is as follows :(a) at the time of incident, prosecutrix ku. meena daughter of prabhakarrao gawande was residing .....Tag this Judgment!
Court : Mumbai
Decided on : May-02-2000
Reported in : AIR2000Bom474; 2000(4)ALLMR389; 2000(3)BomCR813; (2000)3BOMLR408; 2000(4)MhLj228
..... husband and wife. then she drew my attention to the steps taken by the government in the field of law and mainly clause 8.5.1 which refers to the amendment to the hindu succession act with reference to its application to the state of maharashtra to give coparcenary rights to women. ..... the case of baburam v. c.c. jacob, reported in : (1999)iillj983sc , which states in paragraph 5 as follows :'the prospective declaration of law is a devise innovated by the apex court to avoid reopening of settled issues and to prevent multiplicity of proceedings. it is also a devise adopted to ..... forums which are legally bound to apply the declaration of law made by this court are also duty-bound to apply such dictum to cases which would arise in future only. in matters where decisions opposed ..... to the said principle have been taken prior to such declaration of law cannot be interfered with on the basis of such declaration of law.'12. ms. iyer, learned counsel appearing for another lady litigant, drew my attention to various provisions of the 'policy ..... avoid uncertainty and avoidable litigation. by the very object of prospective declaration of law, it is deemed that all actions taken contrary to the declaration of law prior to its date of declaration are validated. this is done in the larger public interest. therefore, the subordinate .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-2000
Reported in : 2001ALLMR(Cri)697; 2002(4)MhLj368
..... any of the cases in hand. as rightly submitted by the learned advocates for the petitioners, part ii of first schedule of the criminal procedure code provides that if offence against any law other than indian penal code is punishable with imprisonment for less than three years or with fine only, then the same would be non-cognizable offence.12. section 156 of ..... cognizable offences by the petitioners, nor the ingredients of section 420 of indian penal code, the investigation carried out by the police authorities is to be held as bad in law and, therefore, is to be quashed. the apex court, in state of haryana and ors. v. ch. bhajanlal and ors. reported in : 1992crilj527 , has clearly held that the condition which ..... or under the trade and merchandise marks act, 1958 and the rules made thereunder to take necessary action and/or proceedings whichever legally permissible in accordance with the provisions of law against the offenders including petitioners, if so found, and including in relation to the facts alleged in the first information reports hereby quashed.Tag this Judgment!
Court : Mumbai
Decided on : Dec-16-2000
Reported in : 2001(2)BomCR492; (2001)ILLJ1198Bom
..... this court. the learned a.g.p. is right in his submissions that when this court decided the cases of khushal gaidhane and namdeo kalwale, the law laid down by the earlier division bench in the case of rambhau (supra) and machindra pandurang chavan v. state of maharashtra : (1989)iillj353bom was not ..... and this reasonable period could be about two to three months. the delinquent employee's direct approach to the tribunal or to a court of law challenging the suspension order should not be ordinarily entertained unless he has approached the competent authority by invoking the provisions of rule 4(5) of the ..... guidance of the officers and they do not create any vested right in favour of the suspended employees so as to approach a court of law or the tribunal and seek directions for reinstatement or for quashing and setting aside the suspension order when the suspension has been effected by invoking ..... from service imposed upon a government servant is set aside or declared or rendered void in consequence of, or by, a decision of a court of law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on ..... 1974 cannot be treated as a rule governing conditions of service namely suspension of government employee and was, therefore, not enforceable in a court of law. the circular under consideration not having been issued or made under any of the rules which have been repealed, it could not be said to be .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Nov-23-2000
Reported in : (2001)(95)LC505Tri(Mum.)bai
..... (sic). when the two decisions placed before me which are not at all purverse (sic) to me, the judicial discipline requires that i have to follow the same. after all, law should always be certain as far as possible taking into account the development of the same. i, therefore, following the judgements, reject the contentions raised by smt. arya and allow ..... to any specific commodities; nor is there any enabling power with any authority to limit the said rule to any specific commodity. now it is a well settled principle of law that if there is any ambiguity in any statutory provisions the benefit thereof should be extended to the subject. relying on this principle we hold that the benefit of rule .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-20-2000
Reported in : 2000(4)BomCR508; 2001(2)MhLj758
..... the discretion of the court otherwise. perpetual injunction can be granted where right exists or where right is created, or where right is cognizable by law. it can be granted to prevent the infringement of that right. when a tenant comes to the court contending, inter alias, that he is ..... this court in the matter of bhagwantrao (supra) wherein the division bench of this court has held thus : 'where there is a duty enforceable by law, whether express or implied, whether arising out of a contract or otherwise, the relief of injunction can be granted, unless considerations of expediency or convenience ..... direct evidence i.e. oral or documentary evidence or admissions made by opposite party, but it may comprise of circumstantial evidence or on presumption of law or fact. to determine as to what facts are required to be proved and by whom and in what manner, it is necessary to ascertain ..... desiring the court to believe such fact, fairly pleads the said fact and establishes it with cogent evidence when disputed by the other party. the law regarding burden of proof is that the party on which the onus of proof lies must produce sufficient evidence and only then the party has the ..... entitled for a permanent injunction to restrain the respondents from interfering in the suit property. ex-facie therefore, the said issue is purely on point of law. it speaks about the entitlement of the plaintiffs for the relief of injunction. does the said issue require the petitioners to establish any fact? in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-2000
Reported in : 2000(4)ALLMR1; 2001(1)BomCR451
..... floor space index/floor space ratio might be revised at some future point of time, the building activity permitted under the notification in crz-ii shall be frozen to the laws and norms existing on the date of the notification. this interpretation, in our view, is perfectly in consonance with the legislative intentions behind the environment (protection) act, 1986.' ..... undo all that had already been done. parliament, therefore, adopted what we may call as doctrine of toleration that development activity already carried out and in existence in accordance with laws and norms then existed, had to be tolerated. simultaneously, the legislative policy is also reflected in what we may style as the 'doctrine of containment', which means that ..... 'existing authorised buildings' means those buildings of a permanent nature that were existing prior to 19-2-1991, and were constructed in accordance with the building regulations and bye-laws in vogue prior to 19-2-1991, and that had received necessary sanctions, including commencement and occupation certificates from the concerned local authority prior to 19-2-1991. further, ..... 19th february, 1991 were permanent, fixed structures with roofs and forming enclosures providing protection from the elements. they are in accordance with the building and town planning regulations and bye-laws then prevailing.12. apart from the permanent structures on the adjoining plot, according to respondents no. 5 and 6, even beyond the boundary wall of the said plot, .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-12-2000
Reported in : 79ITD299(Mum)
..... by seeking directions from a superior authority. if he does so, then he is expanding the scope of the exception provided in section 144a, which has no sanction of law. section 119 provides for the general principle that each authority is independent so far as their quasi judicial functions are concerned. the exception of this general principle is in section ..... committed by the assessing officer, it is only when an order is erroneous that the section will be attracted. an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of the order being erroneous. in the same category fall orders passed without applying the principles of natural justice or without application of mind.'in our ..... this way the learned authorised representative contended that the powers under section 263 have wrongly been exercised by the commissioner and order under section 263 is wrong and bad in law as the assessment order passed by assessing officer was not erroneous & prejudicial to the interest of revenue.on the other hand, the learned departmental representative contended before us that ..... before us the learned authorised representative contended that assessing officer after obtaining directions from deputy commissioner as well as commissioner and also after considering the facts of the case and law had reached to the conclusion that the sum received by the assessee in question was not taxable. the decision of bombay high court in the case of vijay flexible containers .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jun-12-2000
..... superior authority. if he does so, then he is expanding the scope of the exception provided in section 144a, which has no sanction of law.section 119 provides for the general principle that each authority is independent so far as their quasi-judicial functions are concerned. the exception of this ..... present in the instant case. in other words, the assessment order is based on incorrect assumption of facts as well as incorrect application of law. the assessing officer presumed that the damages received by the assessee is not in lieu of his foregoing the right to claim specific performance. ..... , it is only when an order is erroneous that the section will be attracted. an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of the order being erroneous. in the same category fall orders passed without applying the principles of natural justice or without ..... learned ar contended that the powers under section 263 have wrongly been exercised by the commissioner and order under section 263 is wrong and bad in law as the assessment order passed by assessing officer was not erroneous & prejudicial to the interest of revenue.on the other hand, the learned dr ..... counts. (1) the matter in regard to taxability of relevant transaction was considered at length by taking into account all relevant facts as well as law specifically the observations of the jurisdictional bombay high court in the case of cit v. vijay flexible containers  186 itr 693. (2) the .....Tag this Judgment!