Mumbai Court November 1978 Judgments
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Subhadrabai Digambar Godse Vs. Bhau Mahadu Bagane
Court: Mumbai
Decided on: Nov-20-1978
Reported in: (1980)82BOMLR290; 1979MhLJ391
Deshmukh, C.J.1. This petition has been referred to the division Bench by a learned single Judge of this Court as there is conflict of views between the judgments of this Court regarding the correct meaning and interpretation of the provisions of Clause (a) of Sub-section (5) of Section 33B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'). Along with the petition has been placed Civil Application No. 3694 of 1977 for orders. That was a civil application for amendment in view of the Forty-second Constitutional Amendment. However, the application does not survive and has been withdrawn by Mr. Rane and no order is required to be passed on this civil application.2. The facts for the purpose of the controversy leading to the reference to the division Bench are these : The original petitioner, Shamrao Dattatraya Gosavi is now dead. However, we are referring to him as the petitioner in this judgment throughout for the purpose of convenience...
Commissioner of Agricultural Income-tax Vs. Phalton Sugar Works Ltd.
Court: Mumbai
Decided on: Nov-18-1978
Reported in: [1980]121ITR920(Bom)
Madon, J.1. A case has been stated and five questions referred to this court by the Maharashtra Sales Tax Tribunal under sub-s. (1) of s. 39 of the Maharashtra Agrl. I.T. Act, 1961 (Maharashtra Act No. XLI of 1962), at the instance of the Commr. of Agrl. I.T. These five questions are as follows : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the method adopted by the Agricultural Income-tax Officer for the purpose of computing the respondents total agricultural income based on the quantity of sugarcane crushed, that is, by arriving at the average income per ton of sugarcane crushed during the respondents' two accounting years ending on September 30, 1961, and September 30, 1962, respectively, and then calculating the income for the two half yearly periods of the respondent's previous year ending on March 31, 1962, on the basis of tonnage of sugarcane crushed during the said two half yearly periods; was not correct 2. ...
State Bank of India Vs. Kalpaka Transport Co. Pvt. Ltd. and anr.
Court: Mumbai
Decided on: Nov-17-1978
Reported in: AIR1979Bom250; (1980)82BOMLR318
Deshmukh, C.J.1. This appeal was expeditiously heard at the instance of the counsel for the State Bank of India. According to him, it raises an important question of all India importance and an earlier decision will enable the Bank to adjust its business dealings in the matter of discounting of bills.2. The facts are not much in dispute. The appellants are the State Bank of India. They have branches all over India and all the former Indian States' Banks have been taken over by them as subsidiary Banks. The State Bank has been created under the State Bank of India Act of 1955 (No. 23 of 1955) and all the former States' Banks and Government associated Banks were taken over by the State Bank of India (Subsidiary Banks) Act, 1959. Various kinds of Banking business are being carried out by the State Bank of India, which include the discounting of bills, or the business of bill-purchase.3. The State Bank of Mysore is the subsidiary of the State Bank of India. It has a branch at Tiptur in Kar...
State Bank of India Vs. Kalpaka Transport Company P. Ltd. and anr.
Court: Mumbai
Decided on: Nov-17-1978
Reported in: [1980]50CompCas740(Bom)
B.N. Deshmukh, C.J. 1. This appeal was expeditiously heard at the instance of the counsel for the State Bank of India. According to him, it raises an important question of all India importance and an earlier decision will enable the bank to adjust its business dealings in the matter of discounting of bills. 2. The facts are not much in dispute. The appellants are the State Bank of India. They have branches all over India and all the former Indian States' banks have been taken over by them as subsidiary banks. The State Bank has been created under the State Bank of India Act of 1955 (No. 23 of 1955), and all the former Indian States' banks and Government associated banks were taken over by the State Bank of India (Subsidiary Banks) Act, 1959. Various kinds of banking business are being carried on by the State Bank of India, which include the discounting of bills or the business of bill-purchase. 3. The State Bank of Mysore is the subsidiary of the State Bank of India. It has a branch at...
Arunodaya Prefab Vs. M.D. Kambli
Court: Mumbai
Decided on: Nov-17-1978
Reported in: (1980)82BOMLR284; 1979MhLJ104
Bharucha, J. 1. To grant the reliefs sought in these Petitions would be to open the flood-gates of litigation to all those who are disappointed in purchasing property proposed to be sold by a public charitable trust.2. Respondents Nos. 3 to 9 in these petitions are the trustees of a public charitable trust registered under the provisions of the Bombay Public Trust Act. The trust owns inter alia, land situated at New Marine Lines, Bombay, which was in days gone by used as a cemetery for Scotmen dying in Bombay. On December 13, 1972 the trustees entered into an agreement to sell to respondent No. 2 the said land, admeasuring about 4.000 sq. yds., at the rate of Rs. 65 per sq. ft. The agreement provided that the respondent No. 2 would accept the title of the trustees and would not administer requisitions thereon. It provided also that the second respondent would pay all taxes and outgoings of the said land upon being put into possession and the costs and the stamp duty pertaining to the s...
Balkrishna Karkera Vs. K.J. Mishra and anr.
Court: Mumbai
Decided on: Nov-15-1978
Reported in: AIR1979Bom198
ORDER1. The petitioner has filed the present Revision Petition challenging his conviction by the learned Metropolitan Magistrate, 29th Court, Dadar, Bombay, under S. 394 (1) (e) (i) read with Section 471 of the Bombay Municipal Corporation Act as also the sentence of fine of Rs. 200/-, in default to suffer simple imprisonment for 30 days imposed on him.2. The brief facts leading to the prosecution of the Petitioner, who was original Accused No. 2 before the Trial Court, are the following:--Accused No. l was the Personnel Officer of Messrs, Indian Tools Manufacturers Limited which has its factory at Sion (hereinafter referred to as the Company). Accused No. 2 was a caterer running a canteen. By an Agreement dated 16th March 1974, Accused No. 2 agreed to operate a canteen in the factory premises of the said Company at Sion on the terms and conditions contained therein. 3. On 2-12-1976 at about 12.45p.m. Padinalthu Abraham (P. W. 1), an Inspector in the employ of the Bombay Municipal Corp...
Banabai and ors. Vs. Wasudeo
Court: Mumbai
Decided on: Nov-10-1978
Reported in: AIR1979Bom181; (1980)82BOMLR388; 1979MhLJ133
1. One Bhoraji died in Sept. 1958 leaving behind him a widow by name Banabai and several agricultural properties and a house consisting of lands situated at villages Lasur, Dhanori and Nimbharao in Daryapur and Akot tahsils. On the 20th of February 1959 Banabai adopted Wasudeo who is the plaintiff in the present suit. On the same day a deed of adoption was executed by Banabai in favour of Wasudeo.2. Banabai then filed a suit being Civil Suit No. 118 A of 1959 challenging the adoption by her of Wasudeo. That suit ultimately came to be dismissed by the trial Court and was also dismissed in appeal being Civil Appeal No. 223-A of I960 on 28th Nov. 1961. The adoption, therefore, was held legal and valid. On the 8th of July 1960 of the properties belonging to Bhoraji, Banabai sold one land Section No. 13/1 admeasuring 4 acres 10 gunthas of village Nimbhora in Akot tahsil to one Ragho.3. The present suit, namely, Regular Civil Suit No. 14 of 1963 was filed on the 16th of Jan. 1963, wherein th...
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