Mumbai Court March 1973 Judgments
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E. Ajay Kumar Vs. Tulsabai and anr.
Court: Mumbai
Decided on: Mar-09-1973
Reported in: AIR1973Bom330; 1973MhLJ683
ORDER1. This is a plaintiff's revision questioning the validity and propriety of the order made by the Joint Civil Judge, Senior Division, Nagpur under Exhibit 26, by which the learned Judge allowed that application of a stranger to this suit to be impleaded as a co-defendant against the will of the plaintiff.2. The plaintiff sued on the allegations that on May 8, 1971, defendant agreed to sell agricultural lands for consideration fixed at the fixed at the rate of Rs. 2,300/- per acre. Plaintiff was put in possession after Rs. 10,000/- out of the consideration were paid to the defendant. Some other agreement of June 5, 1971, is pleaded by the plaintiff, calling it to be an additional agreement. It is further alleged that the plaintiff served a notice for the purpose of completing the transaction but by a reply dated January 10, 1972, the defendant has denied the terms and conditions stated in the agreement as per paragraph 3 of the plaint. The plaintiff has pleaded the further course o...
Ganpati Ram Bhande and ors. Vs. Baliram Raghunath Jadhav and ors.
Court: Mumbai
Decided on: Mar-08-1973
Reported in: AIR1974Bom155; (1974)76BOMLR58; 1974MhLJ512
ORDER1. By this civil revision application the petitioner, who were the original objection petitioners, seek to challenge the order of the Civil Judge Senior Division, Bhir, dated the 24th of December 1970 , rejecting the objection petition with costs.2. In order to consider the said challenge to the order of the learned Civil Judge, Senior Division, Bhir, it is necessary to refer to some of the salient facts.3. It is to be noticed that the dispute relates to agricultural land bearing Survey No. 10 with an area of 19 acres and 9 gunthas situate at Daithan, Thaluka Ambajogai, District Bhir, It is important to notice that the agricultural land was subject to the restrictions and prohibitions contained in the relevant tenancy enactments as to the transfer of the land and the protection given by statue to tenants on the land.4. The opponents to this petition are Baliram Jadhav and Jaiwant Jadhav, Who are said to have entered into an agreement for purchase of the suit land along with anothe...
Commissioner of Income-tax, Bombay City-i Vs. Lad Parishad Karyalaya
Court: Mumbai
Decided on: Mar-05-1973
Reported in: [1974]94ITR359(Bom)
Kantawala, C.J.1. This is a reference under section 66(1), of the Income-tax Act, 1922, (hereinafter referred to as 'the Act'), at the instance of the revenue. The question referred for our determination is : 'Whether having regard to the terms of the constitution of the assessee-association, the properties of the assessee-association are held under trust or other legal obligation so as to qualify for exemption under section 4(3)(i) ?' 2. The question arises in respect of the assessment years 1958-59 and 1959-60, for which the relevant previous years ended on December 31, 1957, and December 31, 1958, respectively. Lad Parishad Karyalaya, Bombay, the assessee, is assessed as an association of persons for these assessment years. It was formed or it came into existence in or about the year 1947 under a written constitution which is in Gujarati. The object for which the assessee is constituted is set out in clause 1 thereof. There is a provision for an elected standing committee and the co...
Tata Iron and Steel Co. Ltd. Vs. N. C. Upadhyaya and Another. Tata Iro ...
Court: Mumbai
Decided on: Mar-05-1973
Reported in: [1974]96ITR1(Bom)
NAIN J. - These two petitions have been filed by Tata Iron & Steel Co. Ltd., against the two Income-tax Officers, Companies Circle, Bombay, and against the Union of India. In the first petition it challenges three rectification notices under section 154 of the Income-tax Act, 1961 (hereinafter referred to as 'the Income-tax Act'), for the assessment years 1965-66, 1966-67 and 1967-68 and the rectification orders made pursuant to those notices and notices of demand demanding Rs. 30,03,872 by way of additional taxes. In Petition No. 226 of 1973 the petitioner challenges the rectification notice dated March 12, 1973, in respect of the assessment year 1968-69.The facts leading to these petitions are as follows :For all the four years covered by the two petitions the petitioner had created some development rebate reserve and claimed development rebate under section 33 of the Income-tax Act. Apart from of the plant and machinery installed by the petitioner during these years, it had also ins...
Shriyans Prasad JaIn Vs. R.K. Bhalla, Income-tax Officer, Company Circ ...
Court: Mumbai
Decided on: Mar-04-1973
Reported in: [1974]94ITR34(Bom)
Kantawala, C.J.1. The question involved in this petition is whether the Income-tax Officer (the respondent) had jurisdiction to initiate proceeding for reopening the assessment of the petitioner for the assessment year 1950-51, under section 147(a) of the Income-tax Act, 1961 (hereinafter referred as 'the Act'), and whether such initiation of proceedings is justified having regard to the conditions precedent to be fulfilled before the provisions of the said section can be attracted. 2. The petitioner was an employee of the Dalmia Cement and Paper Marketing Co, Ltd. (hereinafter referred to as 'the company'). It was his case before the authority who assessed him for income-tax for the assessment year 1950-51 that by a letter, dated October 11, 1943, he was appointed to look after the Bombay officer organisation of the company at the remuneration of Rs. 4,000 per month, free of tax and with the other benefits of the and prerequisites as therein provided. It was one of the terms of the ag...
The 20th Century-fox Corp. (India) (P.) Ltd. Vs. F.H. Lala and ors.
Court: Mumbai
Decided on: Mar-03-1973
Reported in: (1974)IILLJ156Bom
Mukhi, J.1. By this Civil Application under Art. 226 of the Constitution the petitioner 20th Century-Fox Corporation (India) Private Limited, seeks to challenge the validity of the order passed by the Industrial Tribunal, Bombay, dated the 16th of October, 1972, whereby the previous order passed on the 12th of July, 1972 was maintained by the Tribunal.It is to be noticed that the order relates to an application made by the Union the Foreign Film Distributors Union for production of certain documents. 2. The short facts are that by an order dated the 5th of November, 1971 the Government of Maharashtra referred the industrial dispute between the petitioners and the workmen employed under them in relation to the demands specified in the schedule. It is necessary to notice that the first demand was for grades and scales of pay, the second for reclassification and up-grading, the third for application of the grades and scales of pay and adjustment thereof, the fourth for annual increments, ...
Vishwabharti Co-operative Housing Society Ltd. Vs. State of Maharashtr ...
Court: Mumbai
Decided on: Mar-03-1973
Reported in: AIR1974Bom80; ILR1974Bom556; 1973MhLJ848
ORDER1. This petition challenges the order of the Maharashtra Revenue Tribunal holding that an application under Section 89 of the Bombay Tenancy and Agricultural Lands Act. 1958 (hereinafter referred to as the Tenancy Act), by the petitioner, intending purchaser, is not maintainable. 2. The petitioner is a Co-operation Housing, Society and intends to purchase khasra Nos. 45/3 and 45/4 from Gulabrao Mahadeo Thote. The land is an agricultural and the petitioner being a non-agriculturist, sought permission of the Collector under the proviso to Section 89 of the Tenancy Act for the sale between it and the seller Gulabran. The petitioner while making the application under Section 89 proviso read with Rule 45 under the Tenancy Act alleged that the petitioner Society had entered into an agreement for the purchase of the land measuring 7 acres out of the aforesaid Khasra Nos. and that the petitioner was prepared to file an affidavit of the seller Gulabrao regarding his consent for the sale of...
H.N. Malak Vs. Aziz S. Yusuf
Court: Mumbai
Decided on: Mar-02-1973
Reported in: [1974]94ITR276(Bom); 1973MhLJ443
Dharmadhikari, J.1. This is a revision application filed by the original plaintiff against an order passed by the Civil Judge, Senior Division, Nagpur, in Civil Suit No. 97 of 1966, rejecting his application dated August 5, 1968, objecting to issuance of summons to the income-tax and estate authorities at the instance of the defendant. 2. The applicant plaintiff filed a suit for ejectment and possession of the suit premises as well as the arrears of rent and mesne profits against the defendant. The defendant raised a plea that, though he is the tenant of the suit premises, the plaintiff is not entitled to file the proceedings or recover the rent from him, because the property in question belongs to the trust and the plaintiff is merely a trustee and cannot claim the rent or the property in his individual capacity. The plaintiff adduced his evidence and the defendant had also examined himself and thereafter applied for issuing summons to the income-tax authority as well as estate duty a...
Shri Vishnu Vs. Gunwantri Paramanand Malvia and ors.
Court: Mumbai
Decided on: Mar-02-1973
Reported in: AIR1974Bom274
1. This second appeal has been filled by the original plaintiffs against the judgment of the Assistant judge, Akola, in Civil Appeal No. 171 of 1960, decided on 22-11-1962.2. The original plaintiffs had filed a suit for possession and damages for use and occupation. The suit house was out to auction sale in Revenue Case No. 279 of 1950-51 of Akola for recover of arrears of Municipal taxes. In this auction sale the house was purchased by sitabai, the mother of the plaintiff No. 2 and the mother-in-law of plaintiff No. 1 Laxmibai, on 17-11-1950. Sitabai died on 29-1-1951 before the sale was confirmed in her name in those auction proceedings. It was contended by the plaintiffs that before her death sitabai had orally bequeathed and fitted the said suit property to plaintiff No. 1 Laxmibai in December 1950. In the said Revenue Case the name of plaintiff No. 1 Laxmibai was brought on record in place of Sitabai and a sale certificate was issued by the Revenue Authorities in her name and her ...
Municipal Corporation of Greater Bombay Vs. Bhagwan Sakhram Salaskar
Court: Mumbai
Decided on: Mar-02-1973
Reported in: AIR1974Bom272; (1974)76BOMLR373
1. This is an appeal from an order passed by Judge Slanbhag of the bombay City Court on the 30th August 1971 granting an interlocutory injunction restraining the defendant. Corporation from demolishing a room of which the plaintiff is a tenant in certain premises at Vhandup in Bombay. The Municipal authorities have served a notice dated 27th November 1969 on the landlord of the said premises under Section 351 read with Section 352-A of the Bombay Municipal Corporation Act. The plaintiff's contention in the present suit is twofold. First, that hem as a tenant, is entitled to be served with a notice under the said sections. That contention is to be found in paragraph 2 of the plaint. Secondaly, it is submitted in paragraph 3 of the plaint that tenancy right being an interest the Bombay Rent Act within the meaning of Article 19(1)(f) of the Constitution, the plaintiff cannot be deprived of the same without due process of law and the relevant provisions of the Bomaby Municipal Corporation ...
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