Mumbai Court March 1970 Judgments
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State of Maharashtra Vs. Gambhirdas Amarchand
Court: Mumbai
Decided on: Mar-16-1970
Reported in: (1971)73BOMLR40
Bhole, J.1. One is an appeal by the State of Maharashtra and the second is the appeal by the Municipal Committee, Akola. Both are aggrieved by an order of acquittal passed by the Judicial Magistrate, First Class, Akola.2. The accused in this case was charged with an offence punishable under Section 18 read with Section 52(b) of the Bombay Shops and Establishments Act, 1948 (hereinafter called 'Shops Act.'). It was alleged that he was found on or about July 5, 1967 to have kept his shop open in spite of that day being a weekly closed day. The Inspector of the Shops and Establishments of the Municipal Committee, Akola, visited the brass shop of the accused at Tilak Road, Akola, on that day. He found the accused who is the owner of the shop present and working there at about 9.55 P.M. The Shop Inspector, therefore, after the necessary sanction prosecuted the accused.3. The learned Magistrate relied upon the decisions in State v. Hiralal Surajkaran (1956) 68 Bom. L.R. 481 : s.c. A.I.R. Bom...
E.A.S. Ramakrishna Vs. the Union of India
Court: Mumbai
Decided on: Mar-13-1970
Reported in: (1970)72BOMLR852; (1971)ILLJ441Bom; 1971MhLJ113
1. This is an appeal by the original plaintiff against the dismissal of his suit by the learned Judge of the Bombay City Civil Court on 31st of October, 1960. The plaintiff had filed this suit for the recovery of a sum of Rs. 1,030.19, which according to him has been wrongfully deducted from his salary as and by way of 'supervisory element' and for the recovery of a further sum of Rs. 3,972.44 in respect of the charge allowance payable to him, and for certain declarations ancillary thereto. The facts of the case are that the plaintiff was employed as a clerk in the General Stores Inspection Department of the Army, that pursuant to the election given to him the plaintiff opted for the unified scale of pay and a unified scale of pay on the scale of Rs. 100-10-200 was accordingly adjusted as far as he was concerned and that in or about June, 1947 it was provided by a corrigendum to the earlier Army instructions that in the case of personnel whose rate of pay was Rs. 5/- to 7/- per day, a ...
Gurapadappa Sidramappa Jamma Vs. Vidyachandra Raoji Mehata
Court: Mumbai
Decided on: Mar-13-1970
Reported in: (1970)72BOMLR867; 1971MhLJ162
Vimadalal, J.1. This is an appeal filed by the original defendant No. 2, who was the judgment-debtor, and by the surety, against an order passed by the Civil Judge, Senior Division, Sholapur directing the darkhast filed by the decree-holder to proceed. The facts giving rise to this appeal are that some time in the year 1951, a decree was passed in favour of respondent No. 1 for possession and for mesne profits, and appellant No. 2 stood surety in regard to the decree for possession when the stay of execution was granted. In execution of that decree possession was taken by the decree-holder on June 15, 1968. On September 22, 1959 a final decree for mesne profits was passed against the original defendants Nos. 1, 2 and 3, as well as original defendant No. 5. As against original defendants Nos. 1, 2 and 3, the decree for mesne profits was for the specific sum of Rs, 1,657.12 in respect of the period for which they were in possession viz., from September 14, 1949 to March 16, 1951, and for...
Shakila Banu Vs. Gulam Mustafa
Court: Mumbai
Decided on: Mar-12-1970
Reported in: AIR1971Bom166; (1970)72BOMLR623; ILR1971Bom714; 1970MhLJ904
1. This Second Appeal filed by one Shakila Banu arises out of a suit filed by her husband, the respondent, Gulam Mustafa for restitution of conjugal rights. They were married according to the rites of their community known as Momin Mohamedans on January 14, 1961. The wife resided with the husband for about 3 years after she attained puberty. The husband, who is a weaver, is living jointly with his father. The husband alleged in the suit that although he never ill treated the wife and a daughter was born to them sometime in May 1966, the wife wanted him to live separately from his father. The husband refused and hence the wife went to reside with her parents in November 1966. She wanted divorce from him and therefore filed an application for maintenance under Section 488 of the Criminal Procedure Code making false allegations against the husband that he was drinking and gambling and threatened to injure the wife. He, therefore, prayed for a decree for restitution of conjugal rights in t...
Commissioner of Income-tax, Bombay City - I Vs. ScIndia Steam Navigati ...
Court: Mumbai
Decided on: Mar-12-1970
Reported in: [1971]80ITR589(Bom)
Mody, J.1. This is a reference under section 66 (1) of the Income-tax Act, 1922. 2. The assessee is a shipping company. The relevant assessment year is 1952-53, the accounting year being the year ended on 30th June, 1951. On 5th April, 1951, i.e., during the accounting year, the assessee purchased a ship named 'S. S. Englestan' at a cost of Rs. 12,00,000 from the liquidator of the Bengal Burmah Steam Navigation Co. Ltd. On 27th March, 1957, the Income-tax Officer made his order of assessment in respect of the above assessment year. By that order he allowed to the assessee depreciation on the said ship on the basis of the said amount of Rs. 12,00,000 as being the cost of the newly acquired ship. The assessee had no dispute with regard to this item of depreciation allowed to the assessee but the assessee was dissatisfied with certain other points covered by that assessment order. The assessee therefore, filed an appeal to the Appellate Assistant Commissioner on those other points. 3. Pen...
Kesu Pandu Yelawande Vs. Indubai Ankush Khandagale
Court: Mumbai
Decided on: Mar-11-1970
Reported in: (1970)72BOMLR471; 1970MhLJ751
Nain, J.1. This is an appeal against the appellate judgment dated January 25, 1965 of the learned District Judge, Ahmednagar. The appeal has been filed by the original defendants Nos. 1 and 6. Respondent No. 1 is the original plaintiff. Defendants Nos. 2 to 5 were joined in the appeal as respondents Nos. 2 to 5, but their names have been struck off on account of non-payment of Bhatta.2. The facts leading to this litigation are that one Pandu died on October 23, 1944. He owned four agricultural lands and two houses in Village Vanjoli, Taluka Newasa, District Ahmednagar. The houses bear Nos. 150 and 151. In Survey Nos. 109/2 and 109/3 Pandu owned a half share. He owned Survey Nos. 110 and 195/3 wholly. Pandu left him surviving at his death his widow Rahibai and two sons Kesu, who is defendant No. 1, and Dhondiba, who died in May 1945. The original defendants Nos. 2 to 6 are respondents Nos. 2 to 5 and appellant No. 2 respectively in this appeal and are the sons of Kesu. They derived titl...
Commissioner of Income-tax, Bombay Central Vs. Rajkumar Mills Ltd., In ...
Court: Mumbai
Decided on: Mar-10-1970
Reported in: [1971]80ITR244(Bom)
K.K. Desai, J.1. In connection with the computation of its income for the accounting year 1949, the assessment year being 1950-51, the respondent-assessee mills company claimed deduction of the respective amounts of Rs. 4,16,604 and Rs. 1,79,246. The Income-tax Appellate Tribunal accepted the company's case in respect of the sum of Rs. 41,6,604, but rejected the company's case in respect of the sum of Rs. 1,75,246. In this reference, the questions Nos. 1 and 3 relating to these two accounts are as follows : '(1) Whether, in the computation of the assessee's business income of the accounting year 1949, its claim for deduction under section 10(2)(xv) of the Act of the sum of Rs. 4,16,604 being bonus relating to the accounting year 1948 can be properly allowed (3) Whether in computing the business profits of the year 1949, the assessee was entitled to get deduction of the sum of Rs. 1,75,246, being the amount of leave wages ascertained in accordance with the provisions of sections 79 and...
Ex Parte: Girdharlal Shankar Dave
Court: Mumbai
Decided on: Mar-09-1970
Reported in: AIR1971Bom362; (1971)73BOMLR397; 1971MhLJ652
ORDER1. The debtor, one Girdharlal Shankar Dave, has taken out two Notices of Motion both dated 18th November 1965, one of which is for setting aside the order of adjudication passed in petition No. 69 of 1965 against the debtor on 19th October 1965 and the other for setting aside the insolvency notice dated 18th May 1965 which was issued at the instance of the petitioning creditors against the debtor. The admitted facts are that the debtor carried on business in Bombay as a partner in the firm of M/s J. M. Dave & Co. In export and import. The petitioning creditors filed a suit No 193 of 1961, in this Court against the said firm of M/s J. M. Dave & Co. to respect of certain amounts borrowed by the said firm from the petitioning creditors for the purpose of its business. On 22nd August 1961 a decree on admission was passed in favour of the petitioning creditors against the said firm. On 18th May 1965 the petitioning creditors got issued an insolvency notice being No. N/89 of 1965 agains...
State Vs. Tokaram Zingraji Mohkar and ors.
Court: Mumbai
Decided on: Mar-09-1970
Reported in: 1972CriLJ1087
ORDERBhole, J.1. The Sessions Judge, Akola has sent this reference with a recommendation that the conviction passed by the Judicial Magistrate First Class. Akola on the three-accused-opponents for an offence punishable under Section 12 (a) of the Bombay Prevention of Gambling Act (hereinafter called the Gambling Act should be set aside.2. The police Headconstable Govindrao Nimbalkar had received an information about gambling at village Palso Badhe. He, therefore went to that village on 13-8-1967 and found the accused gaming with cards at about 2.30 P. M. on a road in front of a hotel there. The cards and the money which were lying there along with the cards and money which were on the person of the accused were all seized in the presence of the panches. A case was thereafter launched. The accused denied having committed any offence. Their explanation was that they were only taking tea in the hotel and they were not gaming outside. The learned Magistrate after hearing the evidence came ...
State of Maharashtra Vs. Kalabai Natthuji Rajurkar and ors.
Court: Mumbai
Decided on: Mar-09-1970
Reported in: 1970CriLJ1294
ORDERBhole, J.1. This is a reference by the Additional District Magistrate, Akola, recommending that the order of the Sub-Divisional Magistrate in Section 145, Criminal P. C. Proceedings is vitiated by non-consideration of the . affidavit evidence and that he misdirected himself to come to a conclusion on the basis of evidence not legally tendered.2. There was a dispute between the two parties in village Bisod, district Akola. The subject-matter of the dispute was a Pardi land adjoining this village admeasuring 1 acre 19 gunthas with a well. Irrigation crops were grown on this land, This land is owned by one Vithalrao Deshmukh. It was leased out to one Nathuji who was in possession till 18-8-1967 when he died. He left his wife Kalabai and his son Rambhau as his successors. They were in possession after the death of Nathuji. A quarrel was started by one Sambhaji who is Party No. 2 by claiming possession of this Pardi land. His claim is that he was in possession from a date prior to 1967...
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