Mumbai Court April 1973 Judgments
J.S. Parkar Vs. V.B. Palekar and ors.
Court: Mumbai
Decided on: Apr-27-1973
Reported in: [1974]94ITR616(Bom)
Deshpande, J. 1. Facts giving rise to this application under articles 226 and 227 of the Constitution are few and simple, though the case appears to involve great hardship and consequently calls for close scrutiny and analysis. The petitioner (assessee) was carrying on business of transporting iced fishes, mangoes and other goods by sea from Konkan ports to Bombay. He was the owner of a launch 'Lakshmi'. On 24th April, 1961, the Central Excise authorities seized 4,999 biscuits of gold weighing 10 tolas each from the said vessel. The Collector of Central Excise investigated the case and ultimately confiscated the gold so seized by order dated September 18, 1961. The assessee and some others were then tried before the Special Judicial and Additional Chief Presidency Magistrate, Bombay, for offences under section 120B of the Indian Penal Code and section 167(81) of the Sea Customs Act, 1878, and section 23 of the Foreign Exchange Regulation Act of 1947. At the conclusion of the trial the ...
Tag this Judgment!Motilal Madanchand Lodha Vs. Ragho Tanaji Patil and ors.
Court: Mumbai
Decided on: Apr-26-1973
Reported in: AIR1974Bom261; (1974)76BOMLR207; 1974MhLJ404
Mallvankar, J.1. This is an appeal against the judgment and decree passed by the Assistant Judge, Dhulia, on 7th May 1965 in Civil Appeal No. 294 of 1963, allowing the appeal and decreeing the suit being Regular Civil Suit No. 275 of 1962 which was dismissed by the trial Court with costs. The appeal arise this way.2. The present appellant is original defendant No. 1 and respondent Bos. 2 and 3 are original defendants Nos. 2. and 3, Respondent No. 1 is the original plaintiff, Defendant No.1 had obtained a money decree against defendant Nos. 2 and 3 in Regular Civil Suit No. 312 of 1950. The property in dispute which is a plot of land originally belonged to one Balabai wife of Ishram. In the year 1947 defendant No. 2 had purchased this plot from Balabai . On 20th February 1955, defendant No. 2 sold the plot to the plaintiff for Rs. 500 under a registered, Ex. 45. After the purchase, the plaintiff also constructed a cattle shed on it. Since then the plaintiff was in possession and enjoyme...
Tag this Judgment!Kalawati Ramchand Malani Vs. Shankarrao Patil
Court: Mumbai
Decided on: Apr-26-1973
Reported in: (1974)76BOMLR718; 1974MhLJ908
Deshpande, J.1. Respondent No. 7, hereinafter referred to as 'the Society' defendant No. 3 is a Housing Society registered under the Maharashtra Cooperative Societies Act (hereinafter referred to as 'the Act') as a tenant co partnership type of Housing Society. The petitioner, hereinafter referred to as 'the disputant or licensor' is a member of the said Society. Respondents Nos. 5 and 6 are hereinafter referred to as ' defendants Nos. 1 and 2 or licensees' and are not the members of the Society. Cousin of the disputant one Mrs. Gool Chugani purchased flat No, 26 on the 5th floor of the building of this Society and held it as a member thereof. Defendants Nos. 1 and 2 obtained the said flat on leave and licence basis from her in the year 1964.- Defendant No. 2 is the proprietor of defendant No, 1 concern. In the month of January 1966 Mrs. Gool transferred her membership and right, title and interest in the society and the flat in dispute to the disputant. After revoking licence the disp...
Tag this Judgment!Sitaram Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-26-1973
Reported in: 1974CriLJ82; 1973MhLJ572
Bhojraj, J.1. The appellant Sitaram son of Bajirao Kumre, aged about 23 years of Pimpaleaon talua Hinganghat, district Wardha. stood charged before the Sessions Judee, Wardha. under Section 376 of the Indian Penal Code for committing rape on Saraswati wife of Gulab on November 19, 1970, at about 8 A. M. at Pimpalgaon.2. The Sessions Judge held the charge as proved. The appellant was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years.3. The version of the prosecution is as follows : The prosecutrix Saraswati (P. W. 2) is a married woman, aged 16 years. Her parents and brother Ishwar (P. W. 1) are residents of Pimpalsaon. Saraswati was married three years before August 1971 and was staying at her husband's place. She visited her father's Place in the month of November 1970. The accused is a resident of Pimpalgaon.4. On November 19, 1970, at about 7 a. m.. Saraswati went to her father's field at Pimpalgaon. S...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. S. Rajagopalan, Income-tax Officer, Co ...
Court: Mumbai
Decided on: Apr-25-1973
Reported in: [1973]92ITR241(Bom)
Nain, J.1. The petitioner company is a Government of India undertaking registered under the Companies Act, 1956 (1 of 1956). The respondent No. 1 is the Income-tax Officer, Companies Circle, Bombay, and the respondent No. 2 is the Income-tax Officer (Collection), Companies Circle, Bombay. The petition has been filed to for the issue of a writ, direction or order quashing and setting aside certain rectification notices issued by the respondents against the petitioner and for other reliefs. The question that arise for determination in this petition in this petition pertain to development rebate provided for in section 33 of the Income-tax Act, 1961 (hereinafter referred to as 'the Income-tax Act'), the conditions for allowances such development rebate prescribed by section 34 and computation of capital employed in an industrial undertaking under section 80J of the said Act and rule 19A of the Income-tax Rules, 1962. 2. The fact leading to this petition may be briefly stated. Up to 31st M...
Tag this Judgment!The Sholapur Municipal Corporation Vs. Umkant Shankarrao Bhagwat
Court: Mumbai
Decided on: Apr-25-1973
Reported in: AIR1974Bom174; (1973)75BOMLR766; 1974MhLJ146
ORDER1. This is an applicaiton made by the sholapur Municipal Corporation to revise the order made by the Assistant Judge at Sholapur on 6th March 1967 in Civil Appeal No. 371 of 1966 confirming with slight modification, the fixation of th annual letting value by the learned Joint Civil Judge, Senior Diviosn, sholapur by his order dated 26th July, 1966. The learned Joint Civil Judge, sholapur heard the matter in appeal under Section 406 of the Bombay Provincial Municipal Corporation Act, 1949, from the order of the Municipal Commissioner fixing the annual letting value of the sai premises for assessment year 1964-65 at Rs. 1,00,330. That appeal was allowed by the learned Joint Civil Judge, Senior Division at Sholapur and the letting value for the said assessment year was reduced to RS. 42,580. On further appeal from that order, the learned Assistant Judge modified that figure by substitution for the figure of Rs. 2,580, the figure of Rs. 44,850.70.2. The present opponent is the owner o...
Tag this Judgment!Ganeshilal Ramkumar and anr. Vs. Jhangiram Lillaram
Court: Mumbai
Decided on: Apr-24-1973
Reported in: AIR1974Bom101; (1973)75BOMLR760; ILR1974Bom1105; 1974MhLJ370
1. This is an appeal from an order of Principal Judge Rege of the Bombay City Civil Court (as he then was) dated 28th February 1972 dismissing the first defendant's motion for setting aside an ex parte decree for Rupees 19,545,75, with interest, passed by him on the 6th of April 1971. The basic fact that must be borne in mind for the purpose of this appeal is that the present suit had been filed against the first defendant firm under its firm name in accordance with Order 30, Rule 1 of the Code of Civil Procedure. In support of the application to set aside the exparte decree, Manoharlal Khandelwal, a partner of the 1st defendant firm filed an affidavit in the lower Court in which the case that was made out, was that he did not know at all of the pendency of the suit against him till the 5th November 1971 after which, on taking search of the record of the said suit, he found that the writ of summons had been forwarded for service through post and the acknowledgment in respect thereof ha...
Tag this Judgment!Jairam Kissan Vs. Chandrakaladevi and ors.
Court: Mumbai
Decided on: Apr-23-1973
Reported in: AIR1974Bom49; 1973MhLJ971
ORDER1. This writ petition is filed by the tenant against an order of the Maharashtra Revenue Tribunal dated 20.2.1969 in Revision Application No.Ten-A-655 of 1967. 2. Respondent No.1 landlady Chandrakaladevi had applied under Section 8(1)(g) of the Berar Regulation of Agricultural Leases Act, hereinafter referred to as the Leases Act, for terminating the tenancy of petitioner Jairam and also for possession of the land survey number 197/I, area 7.22 gunthas, of village Jirayat Patur, taluq Balapur, district Akola. By an order dated 23-5-1957 the Sub-Divisional Officer terminated the tenancy of the petitioner. The said order was confirmed in appeal on 22-11-1957 in Revenue Appeal No. 107/59 of 1956-57. However, by virtue of the Ordinance No. 4 of 1957 the possession of the field was not delivered to the landlady. 3. It seems that thereafter in view of the coming into force of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereinafter referred to as the Act, the S...
Tag this Judgment!Shaikh Bannu and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-19-1973
Reported in: 1974CriLJ162; 1973MhLJ800
Padhye, J.1. These are appeals by two of the three accused who were tried for offences under Sections 205, 205 and 109, 419, 419 read with 109, 465, 465 and 109, 467 and 471 of the Indian Penal Code. The prosecution of the three accused was on the basis of a complaint made by Shri R. K. Karandikar, Judicial Magistrate, First Class, Akola on 12-8-1969 under Section 476 read with Section 195 of the Code of Criminal Procedure. It arose out of Criminal case against one Deolal Kisan under Section 85(1)(2) and (3) of the Bombay Prohibition Act. 2. One Deolal Kisan was arrested on 25-10-1968 in connection with an offence alleged to have been committed by him under Section 85(1)(2) and (3) of the Bombay Prohibition Act. He was produced before Shri L. G. Deshpande, Second Joint Civil Judge, (Junior Division), First Class, Akola and was remanded to custody till 2-11-1968. On 1-11-1968 an application was made before that Court for releasing the offender Deolal Kisan on bail and along with that ap...
Tag this Judgment!Shakuntala Raje Panditji Vs. Maharashtra Revenue Tribunal, Nagpur and ...
Court: Mumbai
Decided on: Apr-13-1973
Reported in: AIR1974Bom1; ILR1974Bom1090; 1973MhLJ737
1. Petitioner Smt. Shakuntala Raje filed a return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, hereinafter referred to as the Ceiling Act, in respect of the land held by her. According to her, she held 163. 92 acres of land. An enquiry was started in this behalf by the Special Deputy Collector, Land Reforms, Bhandara. In the return filed by the petitioner under Section 12 of the Ceiling Act she had included Khasra Nos. 432, 434, 438, 439 and 426 of Mouza Nerala, district Bhandara. According to the petitioner, these lands were acquired by her by virtue of transfer deed dated 7-11-1949 executed by the ex-proprietor. The said transfer deed is duly registered and the petitioner is also in possession of the lands since the date of the transfer.2. However, the Special Deputy Collector held that these lands had vested in the Government after coming into force of the M.P. Abolition of Proprietary Rights (Estates,l Mahals, Alienated Lands) Act, 1950, h...
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