Mumbai Court November 1968 Judgments
The Bank of Maharashtra Ltd. Vs. Vasant Dattatraya Datar
Court: Mumbai
Decided on: Nov-30-1968
Reported in: (1970)72BOMLR709
Chandurkar, J.1. This is an appeal by the plaintiff-Bank challenging dismissal of the suit filed by it for the recovery of its dues on the basis of a cash credit account from defendant No. 1 and the surety-defendant No. 2, on the short ground that the entire suit was hit by the provisions of Section 28(2) of the Provincial Insolvency Act, 1920. In order to appreciate the question which arises in this appeal, it is necessary to state a few facts.2. The original defendant No. 1 Rao Bahadur D. D. Datar was indebted to the plaintiff-Bank to the extent of Rs. 60,862-15-6 on the basis of a cash credit account in the name of Nagpur Tobacco Works, which was owned by him. Ultimately, the Bank obtained from him a pro-note on February 17, 1955 for the said amount with a letter of hypothecation charging the amount on his liquid assets. The original defendant No. 1 died on December 6, 1960 during the pendency of the suit. Defendant No. 2 is his widow, who executed a mortgage deed on March, 25, 1955...
Tag this Judgment!Khaja ZahiruddIn Shamsir Muhammad Habiboolli Vs. State (Revenue and Fo ...
Court: Mumbai
Decided on: Nov-26-1968
Reported in: (1969)IILLJ505Bom
Madon, J.1.- In this petition under Art. 226 of the Constitution the petitioner, Khaja Zahiruddin Shamsir, seeks to set aside an order whereby he was reverted from the post of tahsildar, which he was holding in an officiating capacity to the post of naib tahsildar previously held by him. 2. The petitioner joined Government service as a clerk on 6 November, 1939. By an order of the Board of Revenue of the former Government of Hyderabad dated 5 October, 1953 the petitioner was provisionally promoted as tahsildar and appointed as officiating naib tahsildar for one year under the Land Census Scheme. There are no materials before us to show whether the petitioner was thereafter confirmed in the post of naib tahsildar. On the reorganization of States as from 1 November, 1966, the petitioner's services were allocated to the then State of Bombay and the petitioner continued to work as naib tahsildar, first under the State of Bombay and thereafter under the State of Maharashtra. By an order dat...
Tag this Judgment!Ganpat Ragho and anr. Vs. Maharashtra Revenue Tribunal, Nagpur and ors ...
Court: Mumbai
Decided on: Nov-25-1968
Reported in: AIR1970Bom86; (1969)71BOMLR815; ILR1970Bom626; 1969MhLJ447
Deshpande, J.1. In this Special Civil Application the petitioners challenge the legality and the correctness of the order passed by the Full Bench of the Maharashtra Revenue Tribunal in their Revision No. 1113 of 1965 on 18th November 1965. The Special Civil Application was heard by our learned brother Abhyankar J. on 4th July 1968 and he has referred the following question to the Division Bench for decision as the view taken by Paranjpe J. on this point in his judgment D/- 20-12-1966 in Spl. Civil Applns. Nos. 1189 of 1965 and 394 of 1966 (Bom), was not acceptable to him. The question referred to, is as follows:--'Whether an order of the Tahsildar or the Tribunal is revisable under Section 110 of the new Tenancy Act, whether or not such order is appealable?'2. It is not necessary to refer In details to the facts of the case. Suffice it to say that the proceedings out of which the Special Civil Applications arise were initiated by the present respondent No. 4 Ninaji son of Raghoji, cla...
Tag this Judgment!Home Industries Corporation Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-25-1968
Reported in: [1969]24STC121(Bom)
Abhyankar, J.1. These two references at the instance of the petitioners, Messrs Home Industries Corporation, have been made by the Sales Tax Tribunal, referring the following question to the High Court : 'Whether on a true and correct interpretation of Section 8(b) of the Bombay Sales Tax Act, 1953, read with Form J, and having regard to the facts and circumstances of this case, was the Tribunal justified in law in disallowing the claim of the applicants to the sum of Rs. 2,98,958 ?' The two references are with respect to the following periods : 1st April, 1958 to 31st March, 1959, in S.T. Ref. No. 26/1968, 1st April, 1959 to 31st December, 1959 in S.T. Ref. No. 25/1968. 2. The amount of turnover of sales involved in the earlier period is Rs. 2,98,958; and in the subsequent period it amounts to Rs. 4,06,121. 3. In the statement of the case drawn up by the Tribunal it is stated that the applicants import motor spare parts and carry on the business of selling them either locally or in th...
Tag this Judgment!Commissioner of Income-tax, Bombay Vs. Balvantrai S. Jain
Court: Mumbai
Decided on: Nov-22-1968
Reported in: [1969]72ITR59(Bom)
Kotval, C.J.1. Though the question referred to us has been couched in somewhat wide language as follows : 'Whether, on the facts and in the circumstances of the case, the proceedings initiated under section 34 of the Indian Income-tax Act for the assessment year 1944-45 were valid ?' the short point that we have to decide in this reference is whether, on the facts and in the circumstances of the case, there was an omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the year in question. The assessment year under reference is the year 1944-45 and the previous accounting year was the year ending the Samvat year 1999 (from 9th November, 1942, to 9th November 1943). 2. Balvantrai S. Jain was doing business as a contractor and was being assessed as an individual. In the year 1941 he joined a partnership firm known as Tejoo Kaya & Co., Bhavnagar Works. When the assessee made his return for the assessment year 1942-43...
Tag this Judgment!Shivanand Bhivappa Vs. Madhaolal Ramchandra
Court: Mumbai
Decided on: Nov-22-1968
Reported in: (1969)71BOMLR829; 1969MhLJ12
Bhole, J.1. This is a defendant's appeal from the judgment and decree passed by the Civil Judge, Senior Division, Yeotnial.2. The appellant is asked to pay the dues under the promissory note executed by him in favour of the respondent, amounting to a sum of Rs. 16,305 plus costs as well as future interest on a sum of Rs. 9,825 at 3 per cent, per annum from the date of suit till realisation. The respondent appears to be a moneylender advancing money to his debtors. The appellant is one such debtor. The respondent advanced to the appellant five loans on different occasions. The first was an advance of a sum of Rs. 4,000 on June 11, 1954, the second was of a sum of Rs. 2,000 on August 19, 1954, the third was of a sum of Rs. 1,000 on October 5, 1955, the fourth was of a sum of Rs. 2,500 on August 7, 1955 and the fifth was of a sum of Rs. 500 on October 5, 1955. These were all advanced under different promissory notes executed by the appellant. It appears that the appellant paid vassals on ...
Tag this Judgment!Barretto (i.C.) Vs. Dhambe (A.S.) and ors.
Court: Mumbai
Decided on: Nov-21-1968
Reported in: (1969)IILLJ306Bom
Madon, J.1. This petition under Art. 227 arises out of certain orders passed under the Payment of Wages Act, 1936. 2. The petitioner carried on business as contractors for supplying labour for loading and unloading ships belonging to the British India Steam Navigation Company, Ltd. Respondents 3 to 62, who were all employees of the petitioners, filed applications before the authority under the Payment of Wages Act claiming overtime wages at double the rate for the second shift worked by them. Respondent 2, the authority, negatived all contentions raised on behalf of the petitioners except the contention that the said respondents were not entitled to overtime wages at double the rate and allowed the said respondents overtime wages at one and a half times the rate. As the petitioners had already paid to the rate. As the petitioners had already paid to the said respondents wages for the overtime work put in by the said respondents at the ordinary rate, the authority directed the petitione...
Tag this Judgment!Bhimaji Laxman Dinde Vs. C.N. Gite
Court: Mumbai
Decided on: Nov-21-1968
Reported in: (1969)71BOMLR490; 1969MhLJ759
Nain, J.1. This is a petition under Articles 226 and 227 of the Constitution of India for setting aside and quashing an order dated July 12, 1'968, made by the learned Civil Judge, Junior Division, Sangamner, District Ahmednagar, dismissing' an election petition by the petitioners filed under Section 15 of the Bombay Village Panchayats Act, No. III of 1959, hereinafter called the said Act. The facts leading to this petition briefly stated are that the six petitioners, respondent No. 15, and respondents Nos. 6 to 14 had filed their nominations for election to Khirwire Village Panchayat in Akola taluka, Ahmednagar District, for various wards in the said village. The said nominations were required to be filed on March 10, 1.967, between the hours of 10.00 a.m. . and 3.00 p.m. The nomination papers of the petitioners and respondent No. 15 were rejected by the Returning Officer on the ground that they were filed late. There is some dispute as to the exact time at which the nomination papers...
Tag this Judgment!M.N. Patwardhan Vs. Commissioner of Expenditure-tax, Poona
Court: Mumbai
Decided on: Nov-20-1968
Reported in: [1970]78ITR338(Bom)
V.S. Desai, J.1. This is a reference under section 25(1) of the Expenditure-tax Act at the instance of the assessee and relates to the assessments for the assessment years 1959-60 and 1960-61, the corresponding previous years for which were the years ended on 31st May, 1958, and 31st May, 1959, respectively. The question raised on the reference is in respect of the inclusion of certain expenditures incurred by the wife and two minor sons of the assessee in the expenditure of the assessee for the purpose of expenditure-tax. 2. The assessee is an individual. During the previous years in question the assessee's wife, Smt. Indumati Raje, and his minor sons, Shrimant Ganpatrao and Shrimant Gangadharrao, incurred expenditure, which was not exempt from the expenditure-tax. The total amount of expenditure incurred by them for the first year was to the extent of Rs. 27,842 and for the second year for the first year was to the extent of Rs. 27,603. The wife as well as the minor children had thei...
Tag this Judgment!P.V. Masand and ors. Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Nov-20-1968
Reported in: 1970CriLJ399; 1969MhLJ617
ORDERVaidya, J.1. This revision application raises an important point of law as to whether an appeal lies from an order passed by the District Magistrate under Section 476 of the Criminal Procedure-Code to the Court of Sessions under Section 476-B of the said Code.2. The revision application is filed by the four persons against whom the order was passed by the District Magistrate, Thana under Section 476 of the Criminal Procedure Code in the following circum-stances:Gajadhar Bhagchand Prithiyani, respondent No. 2 in this revision application, filed on September 4, 1958 an application, under Section 145 of the Criminal Procedure Code alleging that on September 3, 1958, he was forcibly and wrongfully dispossessed by the four opponents in that application (1) Lachhamandas Sitaldas, who is not a party in this revision application; (2) Pahilajrai Sitaldas, Petitioner No. 3 in this revision application; (3) Vassumal Bodaram, and (4) Pamandas-Bodaram who are also not parties in this revision ...
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