Mumbai Court March 1980 Judgments
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Commissioner of Wealth Tax, Bombay City-ii Vs. A.E. Maskati
Court: Mumbai
Decided on: Mar-12-1980
Reported in: (1980)17CTR(Bom)9; [1981]132ITR89(Bom); [1980]4TAXMAN358(Bom)
Chandurkar, J.1. This reference under s. 27(1) of the W.T. Act arises out of wealth-tax assessment proceedings of Shri A. E. Maskati, Bombay, who is now no more and whose interest are now represented by two exactors of his estate for whom Shri Pandit appears.2. The assessee owned 461 shares in M/s. Garlick & Co. Pvt. Ltd., and the controversy in the reference relates to the valuation of these shares. The WTO determined the break-up value of these shares at Rs. 1,611 per share on the basis of the balance-sheet of the company as at 1961, the relevant assessment year in question being 1962-63. The December 31, 1960. The material valuation date was November 8, break-up value was arrived at by taking the total of the paid up capital, reserves and surplus and dividing it by 3,471 which was a the number of the equity shares of the company.3. In appeal before the AAC, two contentions were realised on behalf of the assessee. It was contended that while determining the break-up value of the shar...
Seth Ramnath K. Daga Vs. Commissioner of Wealth-tax, Bombay City-ii
Court: Mumbai
Decided on: Mar-12-1980
Reported in: [1981]127ITR371(Bom); [1980]4TAXMAN240(Bom)
Sawant, J.1. This is a reference made by the Appellate Tribunal under s. 27(1) of the W.T. Act, 1957 (hereinafter referred to as 'the Act'). The questions referred are as follows :'(1) Whether, on the facts and in the circumstances of the case, the value of the assessee's interest in the firm of M/s. Chirimiri Colliery Company could be treated as an asset exempted from wealth-tax under the provisions of section 2(e)(v) of the Wealth-tax Act ? (2) Whether, on the facts and in the circumstances of the case, the properties and assets standing in the name of Smt. Surajbai could be included in the net wealth of the assessee for the assessment years in question ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in not considering the contention relating to the sum of Rs. 4,83,438 being the share of the assessee in the credit balance in the partner's current account with the firm of Chirimiri Colliery Company as on the valuation date ?'2. Out of the a...
Commissioner of Wealth Tax, Bombay City-ii Vs. Associated Cement Co. L ...
Court: Mumbai
Decided on: Mar-11-1980
Reported in: [1981]128ITR626(Bom); [1980]4TAXMAN556(Bom)
Chandurkar, J.1. This reference arises out of assessment proceedings under the W.T. Act in respect of assessment years 1957-58 to 1959-60. The assessee, Associated Cement Company Ltd., had made a provision for bonus payable to its employees in respect of three assessment years in question as below :Assessment years Provision madeRs.(1) 1957-58 48,31,336(2) 1958-59 49,95,475(3) 1959-60 43,49,5902. The relevant valuation dates in respect of the above assessment years were July 31, 1956, July 31, 1957, and July 31, 1958. The amounts set apart for payment of bonus to employees were calculated at three months' basis earning for the first year. For the second year the provision was at the rate of three months' salary to workers drawing emoluments up to Rs. 1,000 per month and 20% for the rest. In the third year the provision was sufficient to meet the payment of bonus at a flat rate of 20% to all the employee. Admittedly, an award came to be made by the industrial court in 1962 by which the ...
The State of Maharashtra Vs. Fulchand Dagadoo and Others
Court: Mumbai
Decided on: Mar-10-1980
Reported in: 1981CriLJ503
Gadgil, J.1. These seventeen applications can be conveniently decided by a common judgment.2. It would be sufficient to give a few facts of one of these case. In Criminal Application No. 1127 of 1977 the matter arose from an order passed by the Judicial Magistrate, First Class (Railways), Aurangabad, in C.C. No. 725/75. The accused (the respondent in this application) is alleged to have committed offences under Sections 279 and 337 of the I.P.C. The accused was arrested on 16th march, 1975 and was released on bail. The police investigated the matter and then filed the charge-sheet on 30th April, 1975. This charge-sheet was numbered as Criminal Case No. 725 of 1975. The learned Judicial magistrate passed order dated 6th June, 1977 that the charge-sheet should be returned to the police with direction that the accused be arrested when available and thereafter the charge-sheet should be produced along with the accused. The Magistrate further observed that with this direction the case shoul...
Commissioner of Wealth-tax, Bombay City-ii Vs. Mrs. P.G. Rao
Court: Mumbai
Decided on: Mar-10-1980
Reported in: [1981]128ITR584(Bom); [1980]4TAXMAN118(Bom)
Chandurkar, J.1. In pursuance of an order of this court made under s. 27(3) of the W.T. Act (hereinafter referred to as 'the Act'), the following question has been referred by the Income-tax Appellate Tribunal :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the value of the shares purchased by the assessee in the names of her minor sons could not be included in her net wealth under section 4 of the Wealth-tax Act ?'2. The assessee has two sons, Satish and Anil, who were admittedly minors on the relevant valuation date, which was 31st March, 1963. The assessee initially transferred Rs. 35,000 to the account of each of her two sons on 5th May, 1961, and she purchased 10 shares of Messrs. Colour Cartons Ltd. in the name of each of them on the next day, that is, 6th May, 1961. Another amount of Rs. 10,000 was transferred to the account of each of the minor sons by her on 18th December, 1961, and on 21st December, 1961, 90 shares of M...
industrial Tubes Manufacturing Co. Ltd. Vs. S.R. Samant, Judge, Indust ...
Court: Mumbai
Decided on: Mar-07-1980
Reported in: (1980)IILLJ444Bom; 1980MhLJ713
Deshpande, J.1. The petitioner is a manufacturing concern. It produce non-ferrous tubes for industrial use. It has about 120 employees including the non-workmen category. Since January, 1979, relations between the employers and a section of the workmen, actual strength of whom is a matter of dispute, have become strained because of their demands for better service conditions. These workmen are alleged to have indulged in, go-slow tactics, threats to the officers and acts of assaults on members of the managerial staff and loyal workmen and other acts of violence since January, 1979. They went on illegal strike with effect from 13th March, 1979.2. A complaint being Complaint No. 40 was filed by the employers on 11th May, 1979, complaining of unfair about practice on the part of the workmen under Item Nos. 1, 2A and 2B, 5 and 6 of Schedule (III) read with S. 27 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 't...
Gorakh Daji Ghadge Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-06-1980
Reported in: 1980CriLJ1380
Parekh, J.1. The appellant before us is the original accused in Sessions Case No. 11 of 1976 on the file of the Additional Sessions Judge at Pune. He was charged with having committed offence under Sections 366 and 376 of the Indian Penal Code. He pleaded 'not guilty' and came to be tried. By an order and judgment, dated 20th of April 1976, the learned Additional Sessions Judge, Pune, convicted the accused under section 376 of the I.P.C. and sentenced him to suffer R.I. for 7 years and pay a fine of Rupees 1,000/- in default to suffer further R.I. for six months. Being aggrieved by the said order and judgment, the appellant has preferred this appeal.2. The facts, according to the prosecution, are that the accused hails from village Tamber Wadei, Taluka Ansa, District Osmanabad. That the accused was married. That on 30th of July, 1962, a child was born of this wedlock, being Kusum (the prosecutrix in this case). That when Kusum was about one year old, her mother passed away and she was ...
Maharashtra State Road Transport Corporation, Bombay Vs. A.N. Jadhav a ...
Court: Mumbai
Decided on: Mar-05-1980
Reported in: (1981)ILLJ186Bom
Chandurkar, J.1. The respondent was in the employment of the petitioner which is the Maharashtra State Road Transport Corporation. Disciplinary proceedings were taken against the respondent as it was noticed that when the bus was checked by the checking staff on 7-9-1970 on which day the respondent was on duty as a conductor on a vehicle on route from Jath to Bijapur 37 passengers were travelling without tickets although the fare was collected from the passengers. After a regular enquiry which was made, the respondent was dismissed by an order dated 20th March, 1971. The petitioner, however, received a letter from the Deputy Commissioner of Labour, Bombay that the dismissal of the respondent was in contravention of the provisions of S. 33 of the Industrial Disputes Act because an industrial dispute was pending before the Conciliation Officer and, therefore, it was necessary to take the prior approval of the Conciliation Officer before dismissing the respondent. Realising the infirmity ...
Roosi K. Modi and anr. Vs. Union of India and ors.
Court: Mumbai
Decided on: Mar-04-1980
Reported in: AIR1982Bom22
Deshpande, J. 1. The petitioners in this writ petition under Arts. 226 and 227 of the Constitution , challenge the validity of the award dated 23-11-1979 made by the Land Acquisition Officer under S 11 of the Land Acquisition Act, hereinafter referred to as ' the L.A. Act' . The award fixes a compensation for an area measuring 5, 967.12 sq metres out of C.S. No. 42 known as ' Ashley House' situated at Bund Garden and Sassoon Road, Pune -1. The petitioners have become the owners of the property under a settlement Deed dated 7-7- 1960 and a transfer deed dated 26-3-1974. A notification under S. 4 of the L.A. Act was issued by the Commissioner on 1-9-1962 indicating Governments proposal to acquire the entire land measuring in all 47,396 sq metres for the public purpose of the construction of the residential quarters for the employees in the income- tax and Excise Department of the Central Government and office building for the Excise Department. The proposal was then finalised and a notif...
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