Mumbai Court July 1981 Judgments
Balasaheb Rajaramji Dampurikar Vs. the Collector of Parbhani
Court: Mumbai
Decided on: Jul-08-1981
Reported in: (1981)83BOMLR489; 1981MhLJ893
Dharmadhikari, J.1. The petitioners have filed this writ petition for a writ of prohibition restraining the respondents from holding a meeting for electing Chairman' and the Vice-Chairman of the second respondent society. Second respondent Parbhani District Central Co-operative Bank Limited is a specified society governed by the provisions of chap. VII as well as chap. XI A of the Maharashtra Co-operative Societies Act (hereinafter referred to as the Act). As per the provisions of chap. XIA the collector is the competent authority to hold elections of committee and the officers of second respondent society. For holding elections of the committee and officers of the specified societies the Government has framed rules in exercise of the power conferred upon it by Sub-section (3) of Section 144 F and Sub-section (4) of Section 144T and Section 144X and all other enabling provisions in that behalf and the said rules are known as Maharashtra Specified Co-operative Societies Election to Comm...
Tag this Judgment!Stretchlon (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-07-1981
Reported in: (1982)1ITD627(Mum.)
1. The appeal by the assessee, Stretchlon (P.) Ltd., Bombay, and the cross objection by the revenue. Since pertain to the assessment year 1975-76 for which the relevant previous year ended 31-12-1974 and involve certain identical issues, both these matters were heard together and are disposed of by this consolidated order for the sake of convenience.2 & 3. (Paras 2 and 3 are not reproduced here as they involve a minor issue.] 4. The second ground in the assessee's appeal pertains to disallowance of interest amounting to Rs. 11,623 paid to Delhi Development Authority for delayed payment of value of land purchased by the assessee for expansion of its business. The brief facts pertaining to this issue are that the assessee was contemplating of setting up a new unit in Delhi to manufacture nylon yarn and it was in this connection that a piece of land was purchased. Since a part of the price of the said land was not paid by the assessee, an amount of Rs. 11,623 was paid by the assessee...
Tag this Judgment!Hindurao Balwant Patil and anr. Vs. Krishnaro Pashuram Patil and ors.
Court: Mumbai
Decided on: Jul-07-1981
Reported in: AIR1982Bom216; 1982(1)BomCR65
Dharmadhikari, J.1. As in both these petitions, common questions of law and fact are involved, they were heard together and are being disposed of by this common judgment. Shree Dudhganga Vedganga Sahakari Sakhar Karkhana Limited (hereinafter referred to s the society) is a registered Co-operative society registered under the Maharashtra co-operative societies Act . 1960 (hereinafter referred to as the Act. ) In the year 1973 the said Society was declared as the specified Society under Sec. 73G of the Act. On 5-11-1976 the bye-laws of the society were amended.2. In April 1979 the present board of directors was elected and petitioner Nos.1 and 2 in writ petition No.1791 of 1981 , i,e, Hindurao and Shankarrao, were elected as Chairman and Vice-Chairman respectively. These elections were held as per the procedure prescribed under chapter XI A of the Act. On 19th of May 1981 a notice was issued by the Managing Directors of the society to convene a meeting of the Board of Directors on 27th o...
Tag this Judgment!Commissioner of Income-tax Vs. S.C. Shah
Court: Mumbai
Decided on: Jul-03-1981
Reported in: (1981)25CTR(Bom)401; [1982]137ITR287(Bom); [1982]11TAXMAN66(Bom)
Sujata Manohar, J. 1. The assessees in Income-tax Reference No. 98 of 1971 and Income-tax Reference No. 194 of 1975 are partners in the firm of M/s. K, C. Shah and Company. Apart from these two asses-sees the partnership firm of M/s. K. C. Shah and Company also has a third partner. For the assessment year 1962-63 the assessees in both these references could not file their income-tax returns under Section 139(1) of the I.T. Act, 1961, since the accounts of the partnership firm of M/s. K. C. Shah and Company were not finalised. The partnership firm of M/s. K. C. Shah and Company also could not file its income-tax return for this assessment year since the firm was engaged in some urgent military contracts at the border. The ITO thereupon served on the firm as well as on the assessees notices under Section 139(2) of the I.T. Act, 1961. Pursuant to these notices the firm as well as the assessees filed their returns. The firm showed an income of Rs. 60,000, while the assessees in both the re...
Tag this Judgment!State of Maharashtra Vs. Narayan Laxman Thatte and ors.
Court: Mumbai
Decided on: Jul-02-1981
Reported in: 1982(1)BomCR52
Sharad Manohar, J.1. An interesting question arises in this appeal relating to the interpretation of section 9 of the Bombay Personal Inams Abolition Act, 1952 and its effect upon the facts of this case. However, in the ultimate analysis it is found that having regard to the particular document of title of the plaintiff in the instant case it has got to be held that decree passed by the Lower Court is correct and valid.2. The facts of the case are very simple. The suit lands were originally Inam lands. Admittedly in a portion of the said land there is a stone quarry. The plaintiffs and their predecessors, who belonged to Inamdar family, admittedly used to sell the right to quarry the stones from the land. The Inam was abolished by virtue of the Bombay Personal Inam Abolition Act 1952, which came into force with effect from 1-8-1955. The Inam stood extinguished and the suit land vested in the Government. The Government even went to the extent of assigning the suit land to the Group Gram...
Tag this Judgment!Marotrao Baburao Chaudhari Vs. Chandrakanta and anr.
Court: Mumbai
Decided on: Jul-02-1981
Reported in: 1982(2)BomCR94; 1981MhLJ907
S.W. Puranik, J.1. This revision application by the husband is filed against the order of Judicial Magistrate, First Class, First Court, Nagpur dated 29-11-1980 in Miscellaneous Criminal Application No. 504/79 whereby he had directed the applicant husband to pay a maintenance of Rs. 100 to non-applicant No. 1---wife per month.2. This criminal revision application challenges the said order of maintenance on two grounds. First that the non-applicant No. 1, wife in her application under section 125 of Criminal Procedure Code has nowhere pleaded that she is unable to maintain herself. According to the petitioner here, unless the said averment is specifically made in the application, the trial Court should not consider her application for maintenance. Secondly the applicant also contends that apart form the want of pleading to that effect the applicant wife has not deposed in her evidence about her inability to maintain herself. Shri M.T. Joshi, the learned Counsel for the applicant, theref...
Tag this Judgment!Mohamad Maqbool Mohamad Khaja and ors. Vs. State of Maharashtra and or ...
Court: Mumbai
Decided on: Jul-01-1981
Reported in: AIR1982Bom312; (1981)83BOMLR573; 1982MhLJ417
Pendse, J. 1. By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus for striking down Section 48A of the Maharashtra Municipalities Act 1965 (hereinafter referred to as the 'Act') as being ultra vires of the fundamental rights guaranteed under the Constitution of India and for quashing and setting aside the order dated Feb., 5, 1981, issued by respondent No. 1 under sub-sec (1) of Sec. 48A of the said Act.2. The petitioner No. 1 is the President of Nanded Municipal Council, while the petitioners Nos. 2 to 5 are its Councillors. The Municipal Council of Nanded was established under Section 8 of the Act. Section 10 onwards of the Act provide for election of Councilors to the Municipal Councils and Section 40 (1) of the Act lays down a term of five years for the Councilors elected at the general election. The term of Councilors of the Nanded Municipal Council was to expire on Dec., 16, 1979, Section 40 (1) of the Act enables ...
Tag this Judgment!Jaleel Khan Vs. Assistant Secretary, Home Deptt. (Spl.), Government of ...
Court: Mumbai
Decided on: Jul-01-1981
Reported in: 1983CriLJ1305
Rege, J.1. This is a petition under Article 226 of the Constitution of India by a detenu detained under the detention order dated 20th Feb., 1981 made under Conservation of. Foreign Exchange and Prevention of Smuggling Activities Act of 1974(hereinafter referred to as COFEPOSA ACT).2. The petitioner was served with the order of detention on 20th Feb., 1981 Along with the detention order he was served with the grounds of detention and copies of certain documents relied upon in the grounds.3. The grounds of detention concern an incident of smuggling silver out of India. A consignment supposed to contain electronic goods was sent by one New Era Electronics, Seepez Zone. Marol Andheri to M/s. New Era Gems Co., Hongkong. The consignment arrived at Hongkong by British Airways A. B. 003. On arrival it was found that instead of containing electronic goods, for which it was declared, it contained silver weighing 194 kgs. in the form of 248 silver bars valued at H. K. Section 684 equivalent to R...
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