Mumbai Court October 1959 Judgments
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F.E. Dinshaw Ltd. Vs. Commissioner of Income-tax, Bombay City
Court: Mumbai
Decided on: Oct-08-1959
Reported in: [1959]36ITR114(Bom)
S.T. Desai, J.1. A short but interesting question arises for our determination on this reference under section 66(2). The assessee, Messrs. F. E. Dinshaw Ltd., and three others formed the Cement Agencies Ltd., a company which was appointed the managing agents of the Associated Cement Companies Ltd. The Associated Cement Companies Ltd. is a public company and was incorporated in 1936 and in the same year the Cement Agencies Ltd. were appointed its managing agents. There were three other principal shareholders along with F.E. Dinshaw Ltd. in the Cement Agencies Ltd. In order to look after the day to day management of the parent company, the four principal shareholders appointed four persons to act as managing directors of Cement Agencies Ltd. These persons were to devote all their time and attention to the business and management of Associated Cement Companies Ltd. The remuneration of these managing directors was, however, not to be paid by Cement Agencies Ltd. but by the four principal ...
Balkrishna Eknath Vs. Shantilal Hemchand
Court: Mumbai
Decided on: Oct-07-1959
Reported in: AIR1961Bom56; 1961BomCR(Cri)56; (1960)62BOMLR410; ILR1960Bom554
Patel, J. 1. This appeal is by the plaintiff against the dismissal of his suit by the Civil Judge, Senior Division, Nasik, for a declaration that the final decree obtained by one Kesharbai in Special Civil Suit No. 253 of 1933 is without jurisdiction and as such is nullity.2. The plaintiff had borrowed from one Hemchand Bhaichand Gujarathi a sum of Rs. 8,820 on a simple mortgage. Hemraj instituted Special Civil Suit No. 253 of 1933 on the mortgage and on the 29th September 1933 obtained a preliminary decree. For some time nothing was done on that preliminary decree but in the meantime a creditor of Hemraj by name Vrajlal Nyahalchand obtained a money decree in Small Cause Suit No. 21808 of 1934 against him and ia execution of that decree in Regular Darkhast No. 419 of 1935 he attached the preliminary decree obtained by Hemchand against the plaintiff. The attachment was levied on the 10th of August 1935. In pursuance to that attachment Vrajlal made an application for final decree on the ...
Punjabrao Deorao Vs. Sheshrao and ors.
Court: Mumbai
Decided on: Oct-07-1959
Reported in: AIR1962Bom175; (1961)63BOMLR726; ILR1960Bom847
Tambe, J.(1) This is a plaintiff's appeal. It arises out of a suit for partition of immovable property mentioned in schedule 1 and movable property mentioned in schedule 2 of the plaint. In appeal the claim relating to all the items of the movable property mentioned in schedule 2 is not pressed but it is restricted to those items which are admitted by the defendants 1 and 2 in their written statement. Immovable property mentioned in schedule 1 of the plaint consists of 800 acres and 34 gunthas of agricultural land situate at villages Gonapur, Dapura, Navkhed, Mailapur and Waki, taluq and district Akola, a house and gaiwada in village Gonapur, and an open site in village Waki. The claim of the plaintiff is founded on an alleged adoption by Kausalyabai on 16-9-1947. Following facts are not in dispute in appeal. The genealogical tree of the parties is as follows:KADTAJI (died)_________________________________\____________________________ Zabuji (d. 1923) Baburao (deft. 1) _______________\...
The Hindu, Bombay Vs. Its Workmen (Working Journalists)
Court: Mumbai
Decided on: Oct-03-1959
Reported in: (1960)ILLJ110Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 2, 3, 12(4), 12(5), 36 and 36(1)AWARD1. This is a reference under S. 12(5) of the Industrial Disputes Act, XIV of 1947, read with S. 3 of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955, by the Government of Bombay in respect of a dispute between the Hindu, Bombay, and the workmen (working journalists) employed under it over the following demand by the latter :- 'Sri Salivateeswaran should be paid the following :- Rs. Notice pay three months' wages at the rate of Rs. 1,276 per month .... 3,828 Earned leave with wages for three months .... 3,828 Wages in lieu of medical leave .... 3,828 Retrenchment compensation at the rate of 15 days' wages for every completedyear of service or any part thereof in excess of six months for 28 years of service .... 17,864 Gratuity at the rate of 15 days for every completed year of service of 28 years .... 17,864 Arrears of telephone rental at the rate of Rs...
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