Mumbai Court September 1955 Judgments
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H.A. Shah and Co. Vs. Commissioner of Income-tax and Excess Profits Ta ...
Court: Mumbai
Decided on: Sep-13-1955
Reported in: AIR1956Bom375; (1956)58BOMLR45; ILR1956Bom79
Chagla, C.J.1. The assessee before us is the firm of H. A. Shah & Co. and the assessment years are 1942-43, 1943-44, and 1944-45. It appears that one Hiralal Shah and three sons, Shantilal, Kantilal, and Vasantlal, and the father and the sons constituted a joint and undivided Hindu family. This family was disrupted on 16-4-1938.At that date Shantilal and Kantilal were majors, but Vasantlal was a minor and he attained majority on 13-10-1943. On this disruption applications were made by Hiralal under Section 25A, Income-tax Act, but the Income-tax Authorities did not accept the disruption of the joint family and the application of Hiralal was refused.Two appeals in this connection went before the Income-tax Tribunal. One was the appeal with regard to the refusal of the Income-tax Authorities to recognize the fact of disruption under Section 25A and the other was the assessment of the firm Shantilal Shah & Co. which had come into existence on the disruption of the joint family, and in the...
Friends Union Joshi Club Vs. the State of Bombay
Court: Sales Tax Tribunal STT Mumbai
Decided on: Sep-12-1955
Reported in: 19567STC257Tribunal
1. The applicants run a boarding house in which they keep boarders as well as serve meals to casual customers. The applicants have contested the finding of the authorities below that the price of each meal served to the boarders should be taken as more than Re. I, i.e., that they should be included in the taxable turnover. The charges for meals in the case of monthly boarders is Rs. 59-8-0 and in the case of fortnightly boarders Rs. 29-14-0. It was the contention of the applicants that if these amounts are to be divided respectively by 30 or 31 and 14, i.e., by the number of days in each month or fortnight, the cost for each meal would be less than Re. 1, and, therefore, not susceptible of taxation. The authorities below have, however, found that on Sundays and other public holidays boarders are given only one meal in the middle of the day, no night meals being given, and that thus there being less than 60 meals for monthly boarders and less than 30 meals for fortnightly boarders, the...
Sananand Dhanji and ors. Vs. Shri Niwas Cotton Mills Ltd.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: (1956)IILLJ470BBom
ORDER1. This revision application raises a question as to the true interpretation of certain awards made by the industrial tribunal adjudicating upon certain industrial disputes concerning employees in the cotton textile industry in the town of Bombay. 2. By an award, dated 25 October 1948, the industrial court had decided in an industrial arbitration between the Millowners' Association, Bombay, and certain employees in the cotton textile industry, amongst others the clerks employed in the industry, that the clerks employed in the industry should be divided into three categories, viz., junior clerks, senior clerks and chief clerks; and that other employees who occupy positions lower than that of 'full-fiedged clerks, but higher than that of operatives, should be given a certain scale of wages. The employees who fall within that class are now described in the industry as 'semi-clerks.' The award provided that the scales of pay fixed by it should take effect from 1 January, 1948 and also...
State Vs. H.B. Namjoshi
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom189; 1956CriLJ395
1. This is an appeal by the State against the acquittal of the respondent who was prosecuted under Section 63 read with Section 92, Factories Act.2. The respondent is the manager of Lokamanya Mills at Barsi. This factory manufactures Cotton yarn. On 4-2-1954 at 4-45 p.m. this factory was visited by the Inspector of Factories, witness Arte. He found a worker Bhanudas Ganoo Baraskar and four other workers working in the factory premises at that time. They were load-Ing bales in a railway wagon on a siding situated inside the Factory premises.The notice of periods of work displayed under Section 61, Factories Act mentioned the hours of work as from 7 a.m. to 11 a.m. and from 11-45, a.m. to 3-45 p.m. As the respondent has allowed the above workers to work beyond 3-45 p.m., five complaints were filed against him for committing offences under Section 63 read with Section 92, Factories Act, 1948.All the five complaints were heard together. The respondent pleaded not guilty. One of the content...
Basavanappa Shivappa Vs. Neelappa Adiveppa and ors.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom201
ORDER1. In Proceedings taken under Section 4, Bombay Agricultural Debtors Act, two persons who were shown in column 7 as co-sharers with the original petitioner have been ordered to be transposed as petitioners. It is this order toy transportation that is challenged by Mr. Desai on behalf of the creditor.2. The transaction in question took placeon the 5-6-1931. It was an ostensible sale effected by Neelappa, Basappa and Kalappa. Neelappa applied in 1949 for adjustment of the debt evid-enced by this transaction. The trial Court held that the transaction was a sale. In appeal, it has been held to be a mortgage and the proceedings have been sent back for taking accounts.A revisional application preferred against thisorder was summarily dismissed by this Court on 21-7-`52. At this stage, Basappa and Adiveppa, son of Kalappa, applied to be transposed as petitioners in these proceedings. They alleged that they were co-sharers in respect of the property, subject-matter of the original transac...
The Municipal Corporation of Greater Bombay Vs. M. Dawoodbhai and Bros ...
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom229
1. These are 63 revisional applications preferred by the Municipal Corporation of Greater Bombay against orders of eviction passed by the Court of Small Causes in 65 applications for ejectment filed by the petitioner. It appears that the property in question is known as Pathak Wadi and it is situated near Dhobi Talao. In this property there are 84 tenants. Some of the tenants are shops, some are clubs and a large number of tenements are oc-cupied by individual tenants.The Municipal Corporation have decided to construct a sub-station in the place where the building stands and in order to be able to construct a sub-station they want to pull down the building. That is why, after purchasing the property in 1951, the Corporation gave a year's notice to all the tenants to vacate. By this notice, the tenants were required to vacate the premises on or before 31-5-1952.Naturally the tenants were unable to vacate and the Corporation had to file applications under S. 41, Small Cause Courts Act. 8...
Gordhanbhai Lalbhai Vs. K.C. Sen and ors.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom240
Dixit, J.1. The applicant applied under Section 34, Bombay Tenancy and Agricultural Lands Act, 1948, to recover from Opponent No. 3, possession of the lands in dispute on the allegation that he required them for personal cultivation. The Mamlatdar made an order in his favour, but the tenant appealed and upon appeal, the Prant Officer, Baroda, set aside the older of the Mamlatdar and directed the application of the applicant to be dismissed. From that order the applicant went in revision before the Bombay Revenue Tribunal and that Tribunal confirmed the order of the Prant Officer.2. Upon this application under Article 227 of the Constitution of India, Mr. Barot appearing for the applicant contends that the Don-bay Revenue Tribunal was wrong in refusing his application, Now the applicant filed the applicar tion under Section 34 on the footing that he was the son of one Lallubhai Somansing manager of the estate of the heirs of Nanabhai Bhogibhai. It is admitted that in respect of the esta...
Rama Motibhai Vs. Dalwadi Tupoo Rama and ors.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom264
Vyas, J.1. This application under Articles 226 and 227 of the Constitution of India arises out of, an application made by the applicant landlord under Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948, to recover possession of seven acres of land from survey Nos. 196 and 185 of Jalia. In the application the landlord stated that he wanted to recover possession of this land from his tenant for bona fide personal cultivation.The Extra Aval Karkun, Dhandhuka, in whose Court the application was filed, and who heard the application, came to the conclusion that the landlord had only 3 acres and 20 gun thus of land in his possession for personal cultivation and that the lands in suit were required by him bona fide for personal cultivation.Consistently with that view, he granted the application of the landlord and directed the tenant to deliver possession of the lands to the landlord. The tenant went in appeal to the Prant Officer and the said officer confirmed the order of the ...
Taxing Officer, High Court Vs. Jamnadas Dharamdas and ors.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom563; (1956)58BOMLR139; ILR1956Bom211
1. This Reference has been made by the Taxing Officer to resolve a dispute as to the proper court-fees payable on memoranda of appeals filed against 'decrees' passed in proceedings under the Displaced Persons (Debts Adjustment) Act, 1851. The decrees sought to be challenged in appeals to this Court were passed either under Section 10 or under Section 13, Displaced Persons (Debts Adjustment) Act.It was urged on behalf of the appellants that the appeals are not required to be stamped ad valorem under Schedule I, Article 1 Court-fees Act and that the demands made by the Registrar of this Court for payment of Court-fee ad valorem on the value of the subject-matter is unjustified. The matter was referred to the Taxing Officer and he has made this reference.2. In order to appreciate the contentions which have been raised, it is necessary to refer to relevant provisions of the Displaced Persons (Debts Adjustment) Act (No. 70 of 1951). Sub-section (8) of Section 2 defines a 'displaced creditor...
Sananand Dhanji and ors. Vs. Manager, Shri Niwas Cotton Mills Ltd.
Court: Mumbai
Decided on: Sep-12-1955
Reported in: AIR1956Bom573; (1956)IILLJ470Bom
ORDER1. This Revision Application raises a question as to the true interpretation of certain awards made by the Industrial Tribunal adjudicating upon certain industrial disputes concerning employees in the Cotton Textile Industry in the town of Bombay.2. By an award dated 25-10-1948, the Industrial Court had decided in an Industrial Arbitration between the Mill Owners' Association, Bombay, and certain employees in the Cotton Textile Industry, amongst others, the clerks employed in the Industry, that the clerks employed in the Industry should be divided into three categories, viz., junior clerks, senior clerks and Chief clerks; and that other employees who occupy positions lower than that of 'full-fledged clerks', but higher than that operatives, should be given a certain scale of wages.The employees who fall within that class are now described in the Industry as 'semi-clerks'. The Award provided that the scales of pay fixed by it should take effect from 1-1-1948 and also prescribed mac...
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