Mumbai Court September 1977 Judgments
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Sheshrao Topaji Shep Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-09-1977
Reported in: 1978CriLJ217
ORDERNaik, J.1. The revision petitioner challenges the order of the learned Additional Sessions Judge, Bhir, dated 17th Jan. 1977 confirming the order of the learned Judicial Magistrate, First Class, Ambajogai, dated 30th July 1976 by which the learned Magistrate convicted the petitioner-accused for an offence Under Section 16(1)(b) of the Prevention of Food Adulteration Act and sentenced him to suffer RI. for six months and to pay a fine of Rs. 300/-.2. The allegations on which the prosecution was founded are briefly these: On 16th July 1974 at Ambajogai at about 6.15 a. m., Patankar (P. W. 1) the Food Inspector accompanied by Joshi (P. W. 2) another Food Inspector and two panchas including Sadashiv (P. W. 3) were proceeding from Albela Stores near the Fashion Centre. At that time they noticed the accused proceeding on a bicycle with a brass pitcher. Patankar stopped the accused and he disclosed his identity to that accused. He asked the accused what the pitcher contained. The accused...
The State of Maharashtra Vs. Gopal Chunimal Podhar and anr.
Court: Mumbai
Decided on: Sep-09-1977
Reported in: 1978CriLJ425
ORDERNaik, J.1. This is a revision application by the State challenging the order of discharge passed by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Bombay, dated 8th Oct. 1976.2. It appears that the complainant Sawaldas Modi and the two accused entered into a partnership agreement on 28th December 1972. The agreement was to run a cloth business in the name of 'Shri Krishna Cloth Agencies.' It was also agreed that accounts should be opened in the Central Bank Head Office and Canara Bank, Kalbadevi branch. Everything went smoothly till the end of December 1973. It appears that goods were given on credit to several merchants and also disputes arose between the parties with regard to the account. That is why on 26th June 1974, the complainant sent in a telegram (Ex. B collectively) to his partners, the two accused. The telegram reads as under: 'It is for the period of past six months and more that I have been requesting you to furnish the detailed statement of accounts and...
Commissioner of Income-tax, Bombay City-iii, Bombay Vs. Tribhuvandas G ...
Court: Mumbai
Decided on: Sep-08-1977
Reported in: [1978]115ITR95(Bom)
Tulzapurkar, J. 1. In this reference made to this court by the Appellate Tribunal at the instance of the Commissioner of Income-tax, Bombay City III, Bombay, under section 256(1) of the Income-tax Act, 1961, the following three questions have been referred to us for our opinion : '(1) Whether, on the facts and in the circumstances of the case, Rs. 1,72,182 or Rs. 1,00,000 were liable to be included in the total income of the assessee as his share of profit from the firm of Kumar Engineering Works (2) Whether on the facts and in the circumstances of the case, sum of Rs. 50,000 received by the assessee as his share of the value of the goodwill or any part thereof was liable to tax as capital gain (3) Whether, on the facts and in the circumstances of the case, the sum of Rs. 4,77,941 or any part thereof was liable to tax as capital gain by reason of section 47(ii) of the Act ?' 2. The questions relate to the assessment year 1962-63 and arise out of the assessment proceeding of the asses...
Kachrulal Hiralal Dhoot Vs. the Gurudwara Board Nanded and ors.
Court: Mumbai
Decided on: Sep-07-1977
Reported in: AIR1979Bom31; (1979)81BOMLR146
Kantawala, C. J.1. All these appeals arise out of apportionment of compensation awarded in respect of survey No. 41 situate at Nanded. The dispute in all these appeals pertains to apportionment and the controversy is between claimant Kachrulal Dhut who is in occupation of the property and who has constructed a house and Gurudwara Takhat Sri Huzur Upchal Nagarsaheb. Survey No. 41 of Nanded has been proposed to be acquired for providing residential quarters for employees of Zilla Parishad, Nanded. The compensation for this survey number was determined under the award as payable to the persons interested at Rs. 17,000/- and the disputes between these two claimants relate only to apportionment.2. In First Appeal Nos. 210 and 211 of 1972 the contention of Mr. Paranjape on behalf of claimant Kachrulal is that the claimant has become the absolute owner of this survey number by reason of adverse possession thereof by him and his ancestors openly and continuously for a period of more than 12 ye...
Vistari Narayan Shebe Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-07-1977
Reported in: 1978CriLJ891; 1978MhLJ244
Jahagirdar, J.1. The appellant-accused has been convicted by the learned Sessions Judge of Chandrapur in Sessions Case No. 39 of 1976 for an offence punishable Under Section 304, Part II, of the IPC and has been sentenced to rigorous imprisonment for three years. The accused was actually charged with the offence of murdering his wife Under Section 302 of the IPC Curiously an alternative charge was also framed Under Section 326 of the T.P.C. which was totally unnecessary when the higher charge of Section 302 of the IPC has already been framed.2. The accused was charged with beating his wife and causing her injuries which ultimately resulted in her death. Accused was a resident of village Pimpalgaon in Warora tahsil of Chandrapur district where he was residing along with his wife Yamuna and three children. Rupchand is the eldest of the three children, he having a younger sister Maya and a younger brother Chandralal. On 11th Dec. 1975, says the prosecution, Rupchand was going along with h...
Baswantrao Appaji Choudhari Vs. Commissioner, Nagpur Division, Nagpur ...
Court: Mumbai
Decided on: Sep-05-1977
Reported in: AIR1978Bom167; (1978)80BOMLR575; 1977MhLJ834
Masodkar, J.1. A small but important question is raised by the present petition filed by the landholder questioning the exercise of re visional power by the impugned order produced at Annexure C along with the petition, having reference to the provisions of Section 45 (2) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter called the Act).2. The order in question was made on 8-10-1971. Initially the record shows that proceedings under Section 12 of the Act in Revenue Case No. 39/60-A(5)/65-66 commenced before the Sub-Divisional Officer, Amravati, as far back as 8-5-1963, After making an inquiry the officer concerned made an order on 17-10-1967 holding therein that the petitioner was entitled to have a ceiling area of 140 acres and would be liable to surrender the surplus area of 4 acres 20 gunthas. That order further directed the landholder to file a retention statement as contemplated by Section 16 of the Act. This adjudication of 17-10-1967, however, di...
Rajnikant Ratilal Shah Vs. Deccan Farms and Distilleries Ltd. (In Liqu ...
Court: Mumbai
Decided on: Sep-01-1977
Reported in: [1978]48CompCas322(Bom)
Chandurkar, J.1. This order will govern Company Petitions Nos. 18 of 1975, 25 of 1976 and 26 of 1976. These three petitions have been filed ostensibly under section 155 of the Companies Act, by the three petitioners who have receive letters from the respondent-company that in accordance with their application for allotment of shares, a requisite number of shares have been allotted to them. It is not in dispute that the respondent-company, which is incorporated in January, 1971, was converted into a public limited company in January, 1973, and applications for shares by means of prospectus were invited from the members of the public. So far as Petition No. 18 of 1975 is concerned, it is filed by one Rajnikant Ratilal Shah. The averments made therein is that by the letter dated 26th April, 1974, the company purported to issue a letter of allotment in respect of 1,100 equity shares of the company to the petitioner. It is not in dispute that the petitioner had applied for 1,100 equity shar...
Maruti Sakharam Aher Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-01-1977
Reported in: 1978CriLJ67
ORDERApte, J.1. The only question that arises on this petition filed by the original accused,- who has been convicted for, an offence Under Section 85 (1) of the Bombay Prohibition Act, is whether open courtyard of police lines is a public place or a place to which public have of are permitted to have access.2. The facts on which this question arises are as follows:The accused is a police constable residing iii police lines in the City of Nasik. On the night of Sept. 1, 1973 at about 11-30 p.m., information was received by Sub-Inspector of Police, Kadambande, of Trimbak Police Chowky at Nasik from some boys, one of whom was Shriram Katkade, that the accused was behaving in a disorderly manner under the influence of drink in the open courtyard outside the police quarters in which the accused himself resided.3. On receiving this information, the Sub-Inspector accompanied by some other police officers went to the spot and they took the accused in custody and it is stated that he was found...
The Phaltan Sugar Works Ltd. Vs. Mansingrao Dhondiram Kadam and anr.
Court: Mumbai
Decided on: Sep-01-1977
Reported in: 1977CriLJ2021
ORDERApte, J.1. The petitioner in each of these petitions is a public limited company registered under the Indian Companies Act, 1956. The company owns a sugar factory at Sakharwadi in Taluka Phaltan in Satara District.2. Respondent No. 1 in each of these petitions is the original accused. They are in fact real brothers.3. It appears that these accused had entered into a contract with the said sugar factory for supplying sugarcane which they grew on their own fields. According to the allegations made by the petitioner-company, they have advanced some loans to the accused which were to be adjusted or repaid out of the price for sugarcane supplied by the accused.4. It appears that the accused also obtained 'some' loan from the United Commercial Bank, Poona and under the tripartite agreement this amount of loan was credited by the Bank in the current account of the petitioner-company at Poona for disbursement to the accused as and when required by the accused for their agricultural operat...
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