Mumbai Court January 1982 Judgments
Khando Ganesh Kulkarni Vs. Bando Ramchandra Mujumdar and ors.
Court: Mumbai
Decided on: Jan-15-1982
Reported in: 1982(2)BomCR480
R.A. Jahagirdar, J.1. This petition need not be treated with any exaggerated respect because it is by a tenant who has been guilty of default in the payment of arrears of rent not only under the contract of lease but also under the orders of the Court. The respondents are the landlords and the petitioner is the tenant of two lands together measuring 7 acres 2 gunthas situated at village Atogaon in Radhanagari Tahsil of Kolhapur District. Admittedly the suit lands are leased to the petitioner for the cultivation of sugar-cane. He committed default in the payment of rent for three years, namely 1967-68, 1968-69 and 1970-71. The proceedings under section 29 read with sections 14 and 25 of the Bombay Tenancy and Agricultural Lands Act, hereinafter referred to as 'the Bombay Tenancy Act', were taken by the respondents and ultimately they culminated in the order of the Maharashtra Revenue Tribunal of Kolhapur in Revision Application No. MRT.KP. 126/76 passed on 15th February, 1977. By the sa...
Tag this Judgment!Vijaykumar Gurunath Pawar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-14-1982
Reported in: 1982(2)BomCR143
M.P. Kanade, J.1. This appeal by the original accused is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Latur, dated August 18, 1980. The learned Additional Sessions Judge convicted the accused under section 376 read with section 511 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to suffer rigorous imprisonment for ten weeks.2. The accused, a young boy of 18 years, of village Somnathpur, is alleged to have committed rape on a young girl of 7 or 8 years by name Kiran on October 28, 1979. It is the prosecution cases that victim Kiran's mother Shantabai P.W. 1 was employed as a labourer on a construction of Balwadi in the village. She was showering water on the roof of the newly constructed building. Shantabai's daughter Kiran was returning from the house of one Kamlabai. It is alleged that the accused accosted victim Kiran and took her to a dilapid...
Tag this Judgment!Commissioner of Gift-tax, Bombay City-v Vs. Lady Hirabhai C. Jehangir
Court: Mumbai
Decided on: Jan-13-1982
Reported in: [1982]138ITR314(Bom); [1980]4TAXMAN358b(Bom)
Kania, J.1. This is a reference under s. 26(1) of the G.T. Act, 1958 (referred to hereinafter as 'the said Act'). The questions referred to us for determination in this reference are as follows :'(1) Whether, on the facts and in the circumstances of the case, the gift during the previous year relevant to the year under reference was only for a cosmopolitan charity ?(2) Whether, on the facts and in the circumstances of the case, no gift in favour of the grandchildren existed during the year under reference ?(3) Whether, on the facts and in the circumstances of the case, the exemption provision under s. 5(1)(v) of the Act was not attracted ? (4) Whether, the gift in question did not qualify for exemption under s. 5(1)(v) being an initial gift ?'2. The facts giving rise to this reference are as follows :On 29th March, 1961, the assessee, Lady Hirabai Cowasji Jehangir, settled 3,800 ordinary shares of the Bank of India Ltd., worth Rs. 4,75,000, on trust for the purposes set out in a deed o...
Tag this Judgment!American Spring and Pressing Works Ltd. Vs. S.L. Wadkar
Court: Mumbai
Decided on: Jan-13-1982
Reported in: 1990(47)ELT247(Bom)
1. The petitioners before this Court are a public limited company duly incorporated under the Companies Act, 1956 having their registered office at Adarsh Housing Society Road, Post Box. No. 7602, Malad, Bombay 64. The respondents 1 and 2 are various authorities under the Central Excises and Salt Act, 1944. Respondent 3 to the petition is the Union of India.2. The petitioners manufacture various sprayers and dusters for spraying pesticides and chemicals on crops. They also manufactured other agricultural implements like threshers, weeders, wheel hoes, seed drills etc. The implements manufactured by the petitioners are power operated as well as non-power operated.3. In this petition we are concerned with the question whether under the residuary Item 68 of the First Schedule to the Excise Act the petitioners are liable to pay the rate of duty prescribed in the said Item on parts of agricultural implements manufactured by them which are not operated by power. The petitioners have set out ...
Tag this Judgment!Waman Hari Pathak Since Deceased by His Heirs and Legal Representative ...
Court: Mumbai
Decided on: Jan-13-1982
Reported in: 1983(1)BomCR359
R.A. Jahagirdar, J.1. This petition arises out of proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, after its amendment of October 1975. The said Act will hereinafter be referred to as 'the Ceiling Act'. The original first petitioner has expired during the pendency of this petition but he will, for the sake of convenience be referred to as such in this judgment. The first petitioner is the father of the second petitioner. The facts leading to this petition have to be chronologically mentioned before one can appreciate the point of law neatly raised by Mr. Sali appearing in support of this petition.2. Ceiling Case No. 104 of 1976 was stated in respect of the holding of the second petitioner and by its order dated 21st September, 1976 the Surplus Land Determination Tribunal, hereinafter referred to as 'the S.L.D.T.', held that the second petitioner's total holdings were to the extent of 92 acres 15 gunthas. Taking into consideration the number of membe...
Tag this Judgment!B.S. Potey Vs. B.A. Joshi, District Deputy Registrar
Court: Mumbai
Decided on: Jan-13-1982
Reported in: (1982)84BOMLR363; 1983MhLJ543
Ginwala, J.1. The Yavatmal District Central Co-operative Bank Limited is a society specified under Section 73G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act'). Members of the committee of a specified society are elected under the provisions of the Maharashtra Specified Co-operative Societies Elections to Committee Rules, 1971 (hereinafter referred to as 'the Election Rules'). The petitioner was elected as a member of the committee of the said bank on October 25, 1978 representing the Maregaon Block Development Constituency. On March 20, 1979 he tendered his resignation as a member of the committee and the Chairman of the Bank accepted this resignation on that very day and intimated the vacancy to the District Deputy Registrar, Co-operative Societies, Yavatmal (respondent No. 1) on March 23, 1979. The vacancy caused due to the resignation of the petitioner was required to be filled in under the provisions of Rule 72 of the Election Rules. The e...
Tag this Judgment!American Spring and Pressing Works Ltd. Vs. S.L. Wadkar and ors.
Court: Mumbai
Decided on: Jan-13-1982
Reported in: 1992(39)LC332(Bombay)
Desai, J.1. The petitioners before this Court are a public limited company duly incorporated under the Companies Act, 1956 having their registered office at Adarsh Housing Society Road, Post Box No. 7602, Malad, Bombay-64. The respondents 1 and 2 are various authorities under the Central Excises and Salt Act, 1944. Respondent 3 to the petition is the Union of India.2. The petitioners manufacture various sprayers and dusters for spraying pesticides and chemicals on crops. They also manufacture other agricultural implements like threshers, woodcrs, wheel hoes, seed drills etc. The implements manufactured by the petitioners are power operated as well as non-power operated.3. In this petition we are concerned with the question whether under the residuary Item 68 of the First Schedule to the Excise Act the petitioners are liable to pay the rate of duty prescribed in the said Item on parts of agricultural implements manufactured by them which are not operated by power. The petitioners have s...
Tag this Judgment!D.J. Gazdar Vs. Controller of Estate Duty
Court: Mumbai
Decided on: Jan-12-1982
Reported in: (1982)28CTR(Bom)174; [1982]138ITR607(Bom); [1982]10TAXMAN169(Bom)
Chandurkar, J.1. This is a reference made under s. 64(1) of the E.D. Act, 1953, by the Income-tax Appellate Tribunal, Bombay Branch, at the instance of the accountable person.2. One Mr. Jehangir Jivanji Gazdar, who died in 1951, had at the time of his death half share in a property called Laxmi Vilas and the other half belonged to his wife, Bachubai. Mr. Gazdar had made a will in regard to his share in the property. Under the terms of the will it was provided that during the lifetime of his wife, Bachubai, she would be allowed to reside in the said property free of rent as long as she paid all outgoings in respect of the said property and on and after the death of his wife, his sons, Rustom and Dinshaw (in case both of them survive the deceased and his wife, Bachubai) were to reside in the said property free of rent so long as they paid all outgoings in respect of the said property including the cost of all repairs during the joint lives of the said sons, Rustom and Dinshaw. Under the ...
Tag this Judgment!P.B. Samant and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jan-12-1982
Reported in: 1982(1)BomCR367
B. Lentin, J.1. The petitioners challenge the method of distribution of ad hoc cement in the State of Maharashtra as being contrary to the rule of law and probity in public life. Initially the petitioners has also challenged the vires of the Foreign Exchange Remittance Scheme. However, at the conclusion of the arguments, that challenge was not pressed. 2. The petitioner are social workers and consumers of cement. The 1st respondent is the State of Maharashtra. The 2nd respondent is the Chief Minister. The 3rd respondent is the Union of India. 3. It is the petitioners' case that as social workers and members of 'Samajwadi Manch', an organisation committed to seeing that sale and distribution of essential commodities is done in an equitable manner, they received several complaints from the public that cement was not available from the rationing offices either for building or repair work, that bona fide applications for cement were side-tracked and that cement was given in large quantitie...
Tag this Judgment!Samarth Ramdas Math(Shri) Vithal Rakhumai Mandir Trust Awas Through It ...
Court: Mumbai
Decided on: Jan-12-1982
Reported in: 1983(1)BomCR333
R.A. Jahagirdar, J.1. This petition raises a short question about the interpretation of sections 37 and 39 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as 'the Bombay Tenancy Act'. The facts are very few and may straightaway be mentioned. The land involved in this litigation is Survey No. 385/4-B measuring 5 Gunthas 2 Annas and situated at village Awas in Alibag Taluka of Raigad District. The said land originally belonged to respondent No. 2, but was tenanted by the first respondent The possession of the land had been obtained by the second respondent pursuant to an order passed under section 33-B of the Bombay Tenancy Act on 25th October, 1962. It may be mentioned that the possession itself had been actually obtained on 20th of March, 1963. 2. Thereafter the second respondent apparently cultivated the land personally for some time, but on 6th of August, 1965 the second respondent executed a registered sale deed in favour of the petitioner of the said...
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