Mumbai Court July 1962 Judgments
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Uttamrao Rajaram and ors. Vs. Sitaram Rajaram and ors.
Court: Mumbai
Decided on: Jul-16-1962
Reported in: AIR1963Bom165; (1962)64BOMLR752; ILR1963Bom77; 1963MhLJ23
1. This is a Letters Patent appeal IN against the decision of Badkas, J., whereby he decreed the plaintiffs' suit. The short facts are that one- Rajaram of village Andhrud died on 20th February, 1929. At his death, he left defendant No. 1 Uttamrao as the only child. Plaintiff No. 1 Sitaram alleged that he was a posthumous son of Rajaram through his wife Saijai having been born on 23rd December, 1929, i.e., 308 days after Rajaram's death. Plaintiff No. 2 is an alienee of some property. Uttamrao, the son of Rajaram, is defendant No. 1 and Atari and Madhaorao, defendants Nos. 2 and 3, are his sons. Defendant No. 4 Saijai is the mother of plaintiff No. 1 and defendant No. 5 Salubai is the mother-in-law of Uttamrao. Since the death of Rajaram, all the properties stood in the names of Uttamrao and the plaintiff Sitaram. The suit out of which the appeal arises was filed in 1950 for partition and possession. The contesting defendants raised a number of pleas. They pleaded that Saijai was not t...
Manohar Ramchandra Manekar Vs. G.S. Solanke
Court: Mumbai
Decided on: Jul-16-1962
Reported in: (1964)66BOMLR578
Abhyankar, J.1. This joint petition by six petitioners challenges six different orders passed by the appellate authority under Rule 12 of the Bombay Village Panchayat Election Rules whereby that authority has set aside the rejection of the nomination papers of respondents Nos. 3 to 8 and accepted them as validly nominated candidates from different wards for election to the Wadner-Gangai Gram Panchayat. The Collector, Amravati, fixed an election programme for election to various wards for constitution of Village Panchayat of Wadner-Gangai. According to that programme, June 3, 1962, was a date fixed for receipt of nomination papers. The nomination papers were to be received by the Returning Officer (respondent No. 2) between 11 a.m. and 4 p.m. on that date, at village Yeoda. The distance between Wadner-Gangai and village Yeoda is about 5 to 9 miles. It is connected by a road which is stated to be motorable, being part of Akot-Daryapur road. Scrutiny of nomination papers was to be held on...
Bansilal Kanchhedilal and anr. Vs. Hukumchand Khunnelal and anr.
Court: Mumbai
Decided on: Jul-12-1962
Reported in: AIR1963Bom230; (1962)64BOMLR731; ILR1963Bom45; 1963MPLJ9
Patel, J.1. This is an appeal under Clause (15) of the Letters Patent from the judgment of Badkas, J. The appeal arises under the following circumstances:The two appellants who were originally judgment debtors were members of the Vidarbha Premier Co-operative Housing Society, Ltd., Nagpur, respondent No. 2. They created a mortgage of their property in favour of respondent No. 2 on 16-10-1950. The amount due under the mortgage was not paid and the matter, was referred to the Registrar of Co-operative Societies under the Cooperative Societies Act, 1912, as applied to Madhya Pradesh. Under Rule 27 of the rules made by the State Government under the Act, the Registrar had authority either to enquire into the matter himself or refer it to arbitration. He decided the matter himself and made an order on 1-5-1957 that the judgment-debtors do pay a sum of Rs. 9,412/6/9 and interest at 12 per cent, per annum from 1-8-1953 till satisfaction of the debt to the respondent Society. He further direct...
Batu Lalu Vs. P.S. Malvankar and ors.
Court: Mumbai
Decided on: Jul-11-1962
Reported in: AIR1967Bom216; (1964)66BOMLR573; ILR1964Bom866
ORDER1. This petition is by one of the candidates for election to the Zilla Parishad from a constituency called Dharni Constituency, in which a seat was reserved for Scheduled Tribes or Adim Jati. The petitioner is a person belonging to the Korku caste and a member of a Scheduled Tribe or Adim Jati. An election programmer was drawn up by the Collector, Amravati, for holding elections to the Zilla Parishad in this constituency. This constituency is known as the Dharni Electoral Division in the Dharni Block in Amravati district. According to the election programme, the date for receiving nomination papers was 4th May 1962. Nomination papers were to be received by that date. The date of scrutiny was 7th May 1962, and the poll was to be taken if necessary, on 21-5-62. The petitioner was one of the candidates nominated, and so were the respondents 5, 6 and 7. The nomination of the petitioner by presenting a nomination paper was done in the following way. At 1.50 p.m. one Surjya Mahating pro...
Ramrao Laxmikant Shirkhedkar Vs. Accountant General, Maharashtra and a ...
Court: Mumbai
Decided on: Jul-10-1962
Reported in: AIR1963Bom121; (1963)65BOMLR65; ILR1962Bom664; 1963MhLJ205
Abhyankar, J.1. This judgment will also dispose of Special Civil Application No. 240 of 1961.2. Special Civil Application No. 175 of 1961 is filed by one Shri R.D. Shirkhedkar. He was serving in the Office of respondent No. 2, the Senior Deputy Accountant General, Maharashtra, (Nagpur Branch), at Nagpur as a Superintendent in the Subordinate Accounts Service Class III. He joined the Office of the Accountant General, Central Provinces and Berar, in the year 1940 and was confirmed as a Superintendent in 1953. On reorganisation of the State he was allocated to the State of Bombay. The petitioner's case is that he is a member of the Civil Audit find Accounts Association of Class III employees in the office of respondent No. 2 at Nagpur. Between 1954 to 1958 the petitioner was the President of the Association at Nagpur.3. In Special Civil Application No. 240 of 1961, the petitioner is Narayan Narhar Deshpande. He joined the service in the Indian Audit and Accountants Department at Nagpur as...
Ramrao Laxmikant Shirkhedkar and anr. Vs. Accountant-general, Maharash ...
Court: Mumbai
Decided on: Jul-10-1962
Reported in: (1963)ILLJ428Bom
Abhyankar, J.1. This judgment will also dispose of Special Civil Application No. 240 of 1961. 2. Special Civil Application No. 175 of 1961 is filed by one R. H. Shirkhedkar. He was serving in the office of respondent 2, the Senior Deputy Accountant-General, Maharashtra (Nagpur Branch), at Nagpur, as a superintendent in the Subordinate Accounts Service, class III. He joined the office of the Accountant-General, Central Provinces and Berar, in the year 1940 and was confirmed as a superintendent in 1953. On reorganization of the State he was allocated to the State of Bombay. The petitioner's case is that he is a member of the Civil Audit and Accounts Association of class III employees in the office of respondent 2 at Nagpur. Between 1954 and 1958 the petitioner was the president of the association at Nagpur. 3. In Special Application No. 240 of 1961, the petitioner is Narayan Narhar Deshpande. He joined the service in the Indian Audit and Accounts Department at Nagpur as an upper division...
Motor House (Gujarat) Ltd. Vs. Commissioner of Income-tax, Bombay City ...
Court: Mumbai
Decided on: Jul-09-1962
Reported in: [1963]48ITR419(Bom)
Tambe, J. 1. On a requisition made by this court, the Income-tax Appellate Tribunal has drawn up the statement of the case and referred to us the following question of law : 'Whether in computing the written down value for the purposes of the second proviso to section 10(2)(vii), the initial depreciation is to be included ?' 2. We are here concerned with the assessment year 1951-52, the relevant account year for which is the calendar year 1950. The assessee is an incorporated company under the Indian Companies Act and was incorporated in the year 1927. It had been carrying on business of assembling cars and trucks and was also dealing in cars, trucks, etc. For the purpose of its business, it acquired extensive lands in the year 1946. The assessee thereafter constructed buildings, workshops and installed machinery therein, etc. It appears that in the year 1948, another company also was incorporated for doing similar business. In about October, 1949, an agreement took place between that ...
Sorab Dinshaji Dastoor Vs. D.P.R. Cassad and Board of Directors, Nagpu ...
Court: Mumbai
Decided on: Jul-06-1962
Reported in: AIR1963Bom173; (1962)64BOMLR765; ILR1963Bom68; 1963MhLJ44
Patel, J. 1. This is an appeal under Clause 15 of the Letters patent against the judgment of Mr. Justice Tambe exercising company jurisdiction.2. The appellant made an application under the Indian Companies Act, 1956 purporting to be one under Sections 397 and 398 of the Act against the company, known as the Nagpur Electric Light and Power Co., Ltd., of which he happens to be a share-holder. The first three respondents are its directors. According to the application made by him, he alleged that the affairs of the company were so managed as to be prejudicial to the company and also oppressive to the minority share-holders. This application was filed on the 8th February 1960. On the 1st of April1960, respondents Nos. 1 to 4 made an application that such a composite application cannot be made under the Companies Act. They also contended that separate court-fees would be necessary on such application or prayers and, thirdly, that they would be prejudicially affected at the trial because of...
Commissioner of Income-tax, Bombay Vs. National Storage Private Ltd.
Court: Mumbai
Decided on: Jul-03-1962
Reported in: AIR1993Bom151; 1962(64)BLJR740; [1963]48ITR577(Bom); 1963MhLJ143
Desai, J.1. This is a reference under section 66(1) of the Indian Income-tax Act (hereafter referred to as the Act), and the questions which are raised thereon arise out of the orders of assessment of the National Storage Private Limited, Bombay (respondent herein), for the assessment years 1953-54, 1954-55, 1955-56 and 1956-57. The assessee company was promoted by the film distributors of Bombay and was incorporated on the 23rd of October, 1948. The activity of the company, which was set out in clause (1) of the objects clause of the memorandum of association, 'was to carry on the business of storing and preserving films, chemicals, cinema accessories and any articles of merchandise in cinema accessories and any articles of merchandise in cinema industry in suitable vaults specially constructed for the purpose and equipped with all the necessary arrangements.' Clause 2 enabled the assessee company 'to carry on the business of storage of articles in the cinema industry and for that pur...
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