Mumbai Court August 1978 Judgments
Hindustan Tiles Corporation Vs. Kisanlal Mataprasad Agrawal
Court: Mumbai
Decided on: Aug-18-1978
Reported in: AIR1979Bom69
ORDER1. This is a Revision Application filed by the original defendant against an order passed by the Civil Judge, Junior Division, Nagpur, on 12th March 1975 answering the preliminary issue against him and in favour of the plaintiff.2. The plaintiff, Kisanlal Mataprasad carrying on business under the name and style of 'Shriram Kavelu Bhandar' having his place of business in Gandhibag Nagpur filed the pre-sent suit against the applicant defendant M/s. Hindustan Tiles Corporation, having its place of business at Ollur in Kerala State. The suit was filed for recovery of a Rs. 5,500/-for breach of a contract In the plaint itself it was alleged by the plaintiff that he bad entered into the suit agreement with the defendant's representative on the assurance that the condition about the jurisdiction of Trichur Court on the reverse of the contract form is merely a printed condition and not binding on him. It was also contended that the condition mentioned in the order form restricting the jur...
Tag this Judgment!Mustan Kikabhai Bohari and ors. Vs. Chief Controlling Revenue Authorit ...
Court: Mumbai
Decided on: Aug-18-1978
Reported in: AIR1979Bom140; 1979MhLJ172
Naik, J.1. By this petition the petitioners challenge the order of the Additional Collector, Poona, dated July 22, 1971, holding inter alia that the instrument in question was chargeable to stamp duty under Art. 36 (c) of the Bombay Stamp Act, 1958. The facts giving rise to this petition which are not in dispute are briefly these :--2. Petitioners Nos. 2 and 3 were the owners of a House bearing No. 50/A situate at Lonavla in Poona District, Petitioner No. 1 was the tenant of that building in respect of one galla or godown. The said building being in a dilapidated condition and the landlord-petitioners being not in a financial position to reconstruct the building, it was decided by the tenant-petitioner and the landlord-petitioners that the tenant-petitioner would construct a building at his own coat and that the cost so incurred would be adjusted towards future rent due from him. R was also agreed that after the construction of the new building, half portion of the building would remai...
Tag this Judgment!Controller of Estate Duty, Bombay Vs. N.H. Kotak
Court: Mumbai
Decided on: Aug-18-1978
Reported in: [1982]134ITR256(Bom)
Kantawala, C.J.1. In this matter the following three questions are referred to us for our determination: '(1) Whether, on the facts and in the circumstances of the case, the value of any portion of the goodwill of the firm in which the deceased was a partner could be included in the dutiable estate either under section 5 or under section 7 of the Estate Duty Act (2) Whether, on the facts and in the circumstances of the case, the amount of Rs. 5,785 lying to the credit of the wife of the deceased in the books of the firm in which the deceased was a partner, could be included in the property deemed to pass on his death under section 10 of the Estate Duty Act (3) Whether, on the facts and in the circumstances of the case, the amount of Rs. 26,312 representing a portion of the penalty levied under the Income-tax Act, on the firm, of which the deceased was a partner, could be deducted in determining the value of the property passing on the death of the deceased ?' 2. Out of these question...
Tag this Judgment!Commissioner of Wealth-tax, Bombay City-ii Vs. Anuradha
Court: Mumbai
Decided on: Aug-18-1978
Reported in: [1979]117ITR590(Bom)
Desai, J.1. In this reference, which is under s. 27(1) of the W.T. Act 1957, we are concerned with Dr. K. J. Sheth; he having died at the stage of appeal before the Tribunal, the present respondent has been brought on record as his legal heir. Dr. Sheth was a member of a HUF comprising of himself, his wife, i.e., the present respondent and four children-one son and three daughters. He owned various equity shares. On January 15, 1959, he transferred 4,000 equity shares of Changdeo Sugar Mills Ltd., and 70 equity shares of Kolhapur Sugar Mills Ltd., owned by himself, to the HUF comprising of himself, his wife and minor children. Similarly, on December 11, 1959, the assessee 'transferred' 5,000 fully paid up and 5,000 partly paid equity shares in Great Eastern Shipping Co., to the HUF. In respect of this lot of 10,000 equity shares of the Great Eastern Shipping Company, the assessee made a declaration on a stamp paper of Rs. 3; a copy of the said declaration is to be found as annexure 'C'...
Tag this Judgment!Controller of Estate Duty, Bombay City-ii Vs. Ramesh Rajaram Sakhalkar
Court: Mumbai
Decided on: Aug-17-1978
Reported in: [1979]118ITR846(Bom)
Desai, J.1. In this reference, the following question of law has been referred to us by the Tribunal under s. 64(1) of the E. D. Act : 'Whether, on the facts and in the circumstances of the case, the admission of Ramesh, the son of the deceased, as a partner of the firm of M/s. New Modern Cloth Stores, resulted in a gift of any portion of the goodwill of the firm's business in his favour by the deceased ?' 2. In this reference, we are concerned with the estate of one Rajaram Yeswant Sakhalkar, who died on 29th August, 1963. The deceased was a partner in the firm of Messrs. New Modern Cloth Stores, Prarthana Samaj, Vithalbhai Patel Road, Bombay-4, right from 1945. Initially, the firm had three partners, viz., the deceased, A. N. Mulay and S. V. Pathare. The business of the partnership was a retail business in cloth in a crowded middle class locality in Bombay. The shop was situate at the corner of Raja Ram Mohan Roy Road and Vithalbhai Patel Road. By a deed dated 30th April, 1962, the p...
Tag this Judgment!Raman Lal Nagji and Dhirajlal Nagji (Accountable Persons to the Estate ...
Court: Mumbai
Decided on: Aug-17-1978
Reported in: (1979)10CTR(Bom)216; [1979]118ITR785(Bom)
Desai, J. 1. In this reference, the following two questions have been referred to us under s. 64(1) of the E.D. Act : '1. Whether, on the facts and in the circumstances of the case, it has been rightly held that any portion of the goodwill of the firm of Messrs. M. Madhukar & Co. could be deemed to be property passing on the death of the deceased under section 10 of the Estate Duty Act 2. Whether, on the facts and in the circumstances of the case, it has been rightly held that the shares of Shri Ramanlal and Shri Dhirajlal in the goodwill of the firm of Messrs. M. Madhukar & Co. were property taken under a gift made by the deceased, and, if so, whether the deceased cannot be said to have been excluded from possession and enjoyment of such share which belonged exclusively to them ?' 2. A few facts may be stated : We are concerned with the estate of Nagji Raghavji, who died on 30th November, 1962. Prior to 1951, the deceased was carrying on business in the import and sale of hardware, et...
Tag this Judgment!Commissioner of Gift-tax, Bombay City-ii Vs. Premji Trikamji Jobanputr ...
Court: Mumbai
Decided on: Aug-17-1978
Reported in: [1982]133ITR317(Bom)
Kantawala, C.J.1. At the instance of the revenue, the following question has been referred to us for our determination : 'Whether, on the facts and in the circumstances of the case, and particularly having regard to the fact that the assessee himself had estimated the value of the goodwill transferred at Rs. 22,500, the Tribunal had materials before it and was justified in holding in law that the assessee had, at no stage, the ownership of any particular portion of the goodwill which could be assigned to his minor sons and which would attract gift-tax in the material year ?' 2. Premji Trikamji Jobanputra, the assessee, started business in cloth in the name of M/s. M. Premji & Co. in or about the year 1946 as a sole proprietor thereof. After commencement of the business from time to time he took certain others as partners in the business. In the present case, we are concerned with only two of the partnership deeds dated July 15, 1960, and February 18, 1961. By the former deed of partner...
Tag this Judgment!Bhaurao Shamrao Bhalme and ors. Vs. Mahadeo Raghu Yelekar
Court: Mumbai
Decided on: Aug-16-1978
Reported in: AIR1979Bom208; (1979)81BOMLR323
1. The appellants had brought a suit against the respondent for specific performance of a contract of sale of a field admeasuring 10 acres for a consideration of Rs.400/-. The suit was dismissed by the trial Court and the first appellate Court confirmed the said decree. It is against the decree of the first appellate Court that this appeal has been filed.2. Shortly stated the case of the appellants was that on 27th May 1961 the respondent had contracted to sell the suit field to one Narayanrao for a consideration of Rs.400/- out of which he received Rs.225/- as earnest money and executed an agreement in this respect Under the terms of the agreement the sale was to be completed on Chaitra Sudha 15 Shake 1371 which corresponds to 19th April 1962, by Narayanrao paying the balance of the consideration of Rs.175/- and obtaining the sale deed by remaining present in the office of the Sub-Registrar. The appellants alleged that the respondent did not perform his part of the contract. Though Na...
Tag this Judgment!Sambhaji S/O Naga Koli Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-16-1978
Reported in: 1979CriLJ390; 1978MhLJ808
V.S. Kotwal, J.1. This matter involves a short but rather of general importance point and in particular, relating to the interpretation of certain provisions of the Code of Criminal Procedure.2. On 17th November, 1975, the petitioner-accused, a resident of village Shirdhon in Kolhapur District, was apprehended by the Food Inspector Anant Raghoji, Patil at about 12.15 p.m. while he was carrying a can of buffalo milk on way to lchalkaranji for sale. On disclosing the identity the Inspector purchased 660 mili-litre of milk for the purposes of analysis and followed the formalities as imposed by law. The milk was divided in three parts and one sample was alleged to have been given to the petitioner-accused and one sample was thereafter transmitted to the Public Analyst, Pune for analysis. The report of the Public Analyst was received by the Food Inspector on or about 2nd November, 1975 which indicated that only 3.6% milk fat and 4.7% solid not fat were discovered and, therefore, the expert ...
Tag this Judgment!Standard Batteries Ltd. Vs. Casings (India) Pvt. Ltd.
Court: Mumbai
Decided on: Aug-16-1978
Reported in: (1980)82BOMLR355
Bharucha, J.1. This is a suit under Section 20 of the Arbitration Act, 1940 (hereinafter called 'the said Act') asking that the arbitration agreement between the parties be filed in Court and that the dispute between the parties be referred to an arbitrator to be appointed by the Court.2. On August 28, 1973 an agreement was entered into between the parties which recited that the plaintiffs had offered to provide technical know-how and assistance to the defendants for the procurement of equipment and its installation and commission and to supply technical data and process details for the manufacture by the defendants of containers and covers for batteries. The said agreement provided that the entire production of containers and covers by the defendants would be purchased by the plaintiffs upon the terms and conditions therein contained. The agreement was, in the first instance, to remain in force for ten years. Clause 6 of the said agreement provided as under:In the event of any dispute...
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