Mumbai Court August 1969 Judgments
Bessarlal Laxmichand Chirawala Vs. Motor Accidents Claims Tribunal, Gr ...
Court: Mumbai
Decided on: Aug-28-1969
Reported in: AIR1970Bom337; (1970)72BOMLR482; ILR1970Bom1034; 1970MhLJ742
K.K. Desai, J. 1. In this petition under Article 227 of the Constitution the petitioner questions the legality of the order dated December 10, 1964 made by Motor Accidents Claims Tribunal dismissing the petitioner's application for compensation as against the Bombay Municipal Corporation, being the fourth respondent in this petition. 2. The relevant facts are as follows:--On October 3, 1962, as a result of collision with a motor transport bus of B. E. S.T. Undertaking, the petitioner was knocked down and suffered from fracture, of the neck of the left femur and certain other injuries. Having regard to the fact that the B. E. S. T. Undertaking was of the ownership of the Corporation, the petitioner served a statutory notice under Section 527 of the Bombay Municipal Corporation Act on the General Manager, B. E. S. T. Undertaking. The petitioner then in accordance with the provisions in Section 110-A of the Motor Vehicles Act instituted the application No. 649 of 1962 before the Motor Acc...
Tag this Judgment!Sayaji Mills Ltd. Vs. P.A. Bhaskar
Court: Mumbai
Decided on: Aug-25-1969
Reported in: AIR1970Bom418; (1970)72BOMLR312; [1971(21)FLR110]; ILR1970Bom787; 1970MhLJ579
Chandkachud, J.1. This appeal arises out of a suit for a declaration that the provisions of the Employees' Provident Funds Act, 1952 (Act XIX of 1952), hereinafter called 'the Act', cannot be enforced against the plaintiffs in regard to the factory established by them in the name of 'Sayaji Mills No. 2', at Ferguson Road, Bombay, until the expiry of three years from the 12th November, 1955. The plaintiffs also asked for a declaration that they are not bound to make any contribution to the Employees' Provident Fund either under the Act or under the Em-ployees' Provident Fund Scheme, 1952. The facts Hiving rise to the suit are these:2. Since about 1931, a Cotton Mill in Bombay run by Hirji Mills Ltd. used to manufacture textile goods. On a petition filed by their creditors, Hirji Mills Ltd. were ordered to be wound up under an order of this Court, dated 17th December, 1954. On 22nd July, 1955, the plaintiffs, Shri Sayaji Mills Ltd., a public limited company registered under the Indian Co...
Tag this Judgment!Louis Pascal Duming John Vs. Special Land Acquisition Officer
Court: Mumbai
Decided on: Aug-18-1969
Reported in: (1970)72BOMLR703
Mody, J.1. This is a Reference under Section 18 of the Land Acquisition Act for the ascertainment of the correct amount of compensation payable in respect of the acquisition of the lands in this Reference. One Louis Pascal Duming John, hereinafter referred to as 'Louis', was the owner of the lands. On 7th January, 1964 an Award was made determining the compensation payable for this acquisition. On 24th January, 1964 possession was taken of the lands. On 4th February, 1964 Louis, being dissatisfied with the amount determined in the Award, made an application for a Reference under Section 18. The S.L.A.O. therefore made this Reference on 1st December, 1966. On 16th December, 1966 Louis died intestate, leaving him surviving twelve persons, being his widow, five sons and six daughters, as his only heirs and legal representatives. On the application of the said twelve persons an Order was made on 19th July, 1968 that the said twelve persons be brought on the record of this Reference in the ...
Tag this Judgment!Royal Western India Turf Club Ltd. Vs. Commissioner of Income-tax, Bom ...
Court: Mumbai
Decided on: Aug-14-1969
Reported in: [1970]78ITR548(Bom)
1. As required by the High Court of Judicature at Bombay by their order dated 20th March, 1961, in Income-tax Application No. 22 of 1959, we hereby draw up an agreed statement of the case and refer it to the High Court under section 66(2) of the Indian Income-tax Act, 1922, with reference to the following questions of law : '1. Whether the Tribunal erred in law and/or acted without any evidence or contrary to the materials on record, in holding that in running the club house and the kiosks, the applicant was not carrying on a business activity 2. Whether the loss sustained by the applicant in running the said club house and the kiosks, and the depreciation on the fixed assets of the club house and the kiosks, were allowable while computing the applicant's profits from the business of running the race course 3. If the answer to the above question is in the negative, whether the said loss and depreciation could be set off or adjusted the said profits under section 10 of Income-tax Act,...
Tag this Judgment!Dr. Mahadeo Dattatraya Joshi Vs. Municipal Corporation
Court: Mumbai
Decided on: Aug-14-1969
Reported in: (1970)72BOMLR729
Vimadalal, J.1. This is a petition under Article 226 of the Constitution of India filed by an erstwhile tenant of the Municipal Corporation (respondents No. 1) for a writ of certiorari to quash the order dated January 30, 1969, passed by respondent No. 1 as the Enquiry Officer in proceedings under Chapter V-A of the Bombay Municipal Corporation Act ordering the petitioner to vacate the said premises within a month of the date of service of the said order, and for a writ of mandamus against the respondents to withdraw and/or cancel the same.2. It may at the outset be mentioned that the Bombay Rent Act is not applicable to the premises in the present case in so far as they are owned by the Bombay Municipal Corporation which is 'a local authority' within the terms of Section 4 of the Bombay Rents etc. Act, 1947. The petition has come up before me only for acceptance and for the issue of a Rule in terms prayed for by the petitioner. As, however, it is common experience that several petitio...
Tag this Judgment!Maganlal Radia Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-14-1969
Reported in: (1970)72BOMLR734
Vimadalal, J.1. The petitioner, who is the sole proprietor of Radia's Flotilla Club situated on the Chowpatty Foreshore at Marine Drive in Bombay, has presented this petition under Article 226 of the Constitution for a writ of certiorari to quash and set aside the orders and/or decisions contained in the letters dated February 12,1968, February 23, 1968 and July 16,1968 whereby he has been called upon to vacate the land on which the said club stands and to remove all structures standing thereon, as well as for a writ of mandamus directing the respondents to forbear from enforcing Section 53 of the Maharashtra Land Revenue Code, 1966, and to withdraw and/or cancel the said impugned orders and/or decisions. Though the petitioner has not used the word ' licence' in the petition, it is amply clear from the averments that are to be found in paras. 4, S and 6 of the petition that his occupation of the land in question was permissive as far as the Collector of Bombay was concerned and constit...
Tag this Judgment!Mirabelle Hotel Co. Pvt. Ltd. Vs. Manu Subedar and ors.
Court: Mumbai
Decided on: Aug-12-1969
Reported in: AIR1971Bom38; (1970)72BOMLR222; ILR1970Bom768
Tarkunde, J. 1. This Civil Application came up for hearing before Mr. Justice Kantawala and was referred by the learned Judge to a Division Bench as it involves a somewhat complicated question of law. 2. Respondents 1 to 5 are trustees of a public charitable trust which owns two buildings at Marine Drive in Bombay. The trustees are referred to hereafter as the plaintiffs. The petitioners in this revision application are a private limited Company which runs a hotel. They are the first defendants in the suit from which this revision application has arisen and are referred to hereafter as the defendants. By an indenture of lease dated 8th June 1948, the plaintiffs let out to the defendants certain portions from the said two buildings for a period of ten years commencing from 1st June 1948. The period of the lease expired on 1st June 1958. On 26th April 1963, the plaintiffs served a notice on the defendants terminating their tenancy from the end of May 1933. The plaintiffs then filed a sui...
Tag this Judgment!Rallis India Limited Vs. F.H. Lala
Court: Mumbai
Decided on: Aug-12-1969
Reported in: (1969)71BOMLR688; 1970MhLJ216
Vimadalal, J.1. This petition was admitted by me and Rule issued in terms -of prayers (a) and (b) thereof which has been made returnable on September 8, 1969. An application is now made before me for leave under Order I Rule 8 being granted as far as respondents Nos. B and 4 are concerned so that they can represent themselves and all other workers who were discharged by Rallifan Ltd. between August 1, 3963 and December 31, 1963. The only facts which need be set out at this stage are that, by a notification dated May 11, 1964, a Court of Inquiry under Section 6 of the Industrial Disputes Act, 1947, was constituted by the State Government to inquire into certain matters of dispute between Rallifan Ltd. and their workmen, including the question as to whether the discharge of some of the workmen was justified. It may be stated that Rallifan Ltd. was amalgamated with the petitioner company on October 13, 1966. The Court of Inquiry submitted its Report to the Government on June 23/1966. On F...
Tag this Judgment!Bhagwandas Ichharam Panchal Vs. Royal Western India Turf Club Limited
Court: Mumbai
Decided on: Aug-11-1969
Reported in: (1970)72BOMLR764
Madon, J.1. This is an originating summons taken out by the plaintiff, Bhagwandas Ichharara Panchal, under Rule 254 of the Original Side Rules of this Court, for the deter determination of the following questions, namely, (1) whether under Rule 8 of the 'Rules for the Jackpot' made by the defendants, the Royal Western India Turf Club Limited, and/or under the instrument dated January 2, 1969, exh. A, the plaintiff is entitled to the payment of a sum of Rs. 10,462,50 P. by cheque from the defendants, (2) whether in the circumstances and in the events that have happened the plaintiff is entitled to payment of the said sum of Rs. 10,462.50 P. by cheque from the defendants, and (3) whether the plaintiff or the defendants should pay the costs in this matter.2. The facts which have given rise to this originating summons are not in dispute. The defendants are licensed under the Bombay Raee-courses Licensing Act, 1912. to hold horse races in Western India and are accordingly doing so at Bombay...
Tag this Judgment!Bhogilal H. Patel Vs. Commissioner of Income-tax (Central) Bombay
Court: Mumbai
Decided on: Aug-08-1969
Reported in: [1969]74ITR692(Bom)
Kotval, C.J.1. The question referred under section 66(2) for our opinion is as follows : 'Whether the Tribunal misdirected itself in law or acted without any legal evidence in holding that the purchase and sale of the two plots in question constituted a venture in the nature of trade ?' 2. We are concerned with the assessment year 1950-51 corresponding to the assessee's accounting year which is the calendar year 1949. Bhogilal H. Patel is the assessee. He has been assessed as an individual. He carried on several business, inter alia, of manufacturing an selling sizing materials, dealing in chemicals, mill stores, and china clay. He has also a business in forward transactions in shares and bullion. He has branches at Calcutta, Coimbatore, Ahmedabad and other places in India and besides income from partnership firms. Apart from his business income he also has house property and investment in shares and agricultural lands. 3. The subject-matter of this reference consists of two parcels of...
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