Court : Mumbai
Reported in : 1983(2)BomCR476
M.P. Kanade, J.1. By this Criminal Revision Application the order passed by the learned Joint C.J. & Judicial Magistrate, First Class, Dhule dated April 30, 1982 enhancing the maintenance amount to the respondent Rekha Prakash Kulkarni, is challenged.2. Few facts leading to this revision application are :That the petitioner and the respondent got married on December 24, 1974. It appears that for some time they could smoothly go on with their marital relations. There was registered agreement of divorce between them, on September 20, 1978. Releasing the futility of the said agreement, the respondent Rekha filed and application for restitution of conjugal rights in Suit No. H.M.P. No. 7 of 1980. That application was dismissed on September 30, 1980. In the said application it was found by the learned Assistant Judge, that the respondent was much more responsible for the strained relations between the husband and wife. While considering the maintenance or alimony, as the case may be, the le...
Tag this Judgment!Court : Mumbai
Reported in : [1982(45)FLR295]; (1983)ILLJ367Bom
V.S. Deshpande, C.J.1. These two appeals by the management and the workmen are directed against an order of a Single Judge of this Court dated 15th July, 1981. This order is passed in miscellaneous petition No. 583 of 1972 in which an award of the Industrial Tribunal dated 30th November, 1971 is challenged. The case has a very unfortunate and chequered career. Ahmedabad Manufacturing and Calico Printing Company Limited owns a textile mills at Ahmedabad. The Company has in all six units in Bombay manufacturing chemicals. The workmen of the three of its Bombay units presented a charter of demands on 6th April, 1964. On the basis of the joint application of the Company and the workmen of the units concerned, the dispute was referred to the Industrial Tribunal on 12th April, 1965. The Tribunal passed the impugned award on 30th November, 1971 in this reference. The Company sought to challenge the validity of this award directly in the Supreme Court initially by a Special Leave petition date...
Tag this Judgment!Court : Mumbai
Reported in : (1982)30CTR(Bom)241; [1983]142ITR300(Bom); [1982]11TAXMAN139(Bom)
Kania, J.1. Two questions have been referred to us for our determination in this reference under s. 256(1) of the I.T. Act, 1961 (referred to hereinafter as 'they said Act'). The said question are as follows :'1. Whether, on the facts and in the circumstances of the case, the proceedings under section 147(b) for the assessment year 1962-63 were valid in law; and2. Whether, for the purposes of computing the written down value for the assessment years 1962-63 and 1963-64, the contributions made by the consumers prior to January, 1961, should be deducted ?'2. The relevant assessment years are 1962-63 and 1963-64, respectively. The assessee is a limited liability company which carries on the business of generation and distribution of electricity at two places, namely, Jaunpur and Fyzabad. It maintained accounts on the basis of calendar years, so that the corresponding 'previous years' for the two years in the reference are the calendar years 1961-62. The assessee laid electric cables for s...
Tag this Judgment!Court : Mumbai
Reported in : [1983]53CompCas500(Bom); (1982)30CTR(Bom)12; [1983]141ITR343(Bom)
Chandurkar, J.1. The main question which arises in this reference is whether the assessee-company, the Indian Hotels Co. Ltd., is a company in which the public are substantially interested as the majority of the shares are held by charitable trusts.2. The year of assessment in this reference is 1967-68, for which the previous year ended on 31st March, 1967. The share capital of the assessee-company consists of 6,000 shares of Rs. 500 each held by various shareholders as indicated below :--------------------------------------------------------------------Names of shareholders No. of shares--------------------------------------------------------------------Tata Sons Pvt. Ltd. 1,051Lady Tata Memorial Trust - Trustees :Lady Navajbai Ratan Tata, Mr. J. R. D. Tata,Sir H.P.Mody, Mr. J. D. Choksi, Mr. D. R. D.Tata, Mrs. V. J. Vesugar and Mr. R. D. Choksi 1,400Sir D. J. Tata Trust - Trustees : LadyNavajbai Ratan Tata, Mr. J. R. D. Tata,Sir H. P. Dody, Mr. A. D. Shroff, Dr. JohnMathai, Mr. N. H....
Tag this Judgment!Court : Mumbai
Reported in : 1982(2)BomCR233
V.A. Mohta, J.1. These five appeals are being disposed of by common judgment as common question of law is involved.2. A preliminary decree for partition and separate possession of certain properties including some field properties in Civil Suit No. 13 of 1928 was passed on 1-4-1933. During the pendency of the final decree proceedings which are not yet complete, five applicants (appellants) filed an application under section 47, Civil Procedure Code to delete certain properties from the so called execution of the decree on the ground that they had purchased those properties sometime in the year 1953. These applications were filed sometime in 1969. The trial Court by judgment dated 4th November, 1980 dismissed the application as not maintainable under section 47, Civil Procedure Code, without deciding the merits. These appeals are directed against those decisions.3. Shri Oka, the learned Counsel for the appellants, in the first place, has contended that only because the execution was not...
Tag this Judgment!Court : Mumbai
Reported in : [1984]55CompCas281(Bom)
1. The present Company Application No. 7 of 1982 arises out of summons for directions dated 14th January, 1982, for the following orders :'(a) The non-compliance of the order of this Hon'ble court dated 26th June, 1981, passed in Company Application No. 173 of 1981, be condoned. (b) That the order of this Hon'ble court dated 26th June, 1981, passed Company Application No. 173 of 1981 be vacated. (c) In the alternative to (b) above, the operation of the order dated 26th June, 1981, passed in Company Application No. 173 of 1981 be stayed until further orders of this Hon'ble court. (d) In the alternative to prayers (b) and (c) above, liberty be granted to the applicants to propound a fresh scheme of reconstruction under section 391 of the Companies Act, 1956, within three months or within such time as this Hon'ble court deems fit, of the finalisation of the proposal for reconstruction assistance made by the Industrial Reconstruction Corporation of India Ltd.'2. In support of this summons,...
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR228
M.L. Pendse, J.1. By this revisional application, the accused is challenging the legality of his conviction recorded by the trial Magistrate by judgment dated September 28, 1971 for an offence under section 85 of the Bombay Prohibition Act and section 112 read with section 117 of the Bombay Police Act and confirmed by the Additional Sessions Judge. Thane, by judgment dated December 18, 1979. The trial Magistrate had imposed the sentence of rigorous imprisonment for six months and the fine of Rs. 1000/-, in default rigorous imprisonment for three months for an offence under section 85 of the Bombay Prohibition Act and the sentence of fine of Rs. 100/- in default, rigorous imprisonment for 7 days for an offence under section 112 read with section 117 of the Bombay Police Act. The Additional Sessions Judge while confirming the sentence for the offence under the Bombay Police Act, reduced the substantive sentence to the period already undergone for an offence under section 85 of Bombay Pro...
Tag this Judgment!Court : Mumbai
Reported in : (1982)28CTR(Bom)227; [1982]138ITR564(Bom); [1982]10TAXMAN10(Bom)
Kania, J.1. This is a reference on a case stated under s. 256(1) of the I.T. Act, 1961 (referred to hereinafter as 'the said Act').2. The relevant facts giving rise to the reference are as follows :The relevant assessment year is 1956-66, the relevant previous year being the year ended March 31, 1965. One P. C. Parikh made a charitable trust of a sum of Rs. 1,000 by a deed dated June 15, 1964. The said trust was styled as 'Visha Nima Charitable Trust'. The assessees before us are the trustees of the said trust. The object of the said trust was, inter alia, to acquire and maintain a charitable home in Bombay for providing temporary accommodation to persons for the purposes of study, medical treatment and such other charitable purposes. Clauses 6 of the said deed of trust authorises the trustees thereof to invite and receive or without such invitation receive voluntary contributions from any person or persons and institutions and members of the public by way of donations, legacies or oth...
Tag this Judgment!Court : Mumbai
Reported in : 1990(47)ELT255(Bom)
1. The petitioners in this case are Shree Sitaram Mills Ltd. and in the petition they have impugned the decisions respectively given by respondents 3, 2 and 1 holding that certain fabric manufactured by the petitioners is furnishing fabric as distinguished from the petitioners' contention that the said fabric being Sort No. 7429 manufactured by them was dress material and not furnishing fabric. If it is basically dress material then it would be classified under Item 19I(2) and not under Item 19I(1) as the Department has purported to classify the said fabric. If the petitioners' contentions were to be upheld then the duty leviable on the fabric under Item 19I(2) would depend upon the count and as the count would make it fall within sub-head (e) the excise duty payable for the relevant time was 60 paise per sq. mtr. plus additional duty of 4 paise per sq. mtr. Under Item 19I(1), however, the duty chargeable was 15 per cent ad valorem plus additional duty of 2 1/2 percent.2. Several conte...
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom225; 1982MhLJ639
Bharucha, J.1. By a notification under Section 4 of the Land Acquisition Act (hereinafter called 'the said Act') dated 30th Nov., 1961 land admeasuring 6 acres and 68 gunthas and bearing Survey No, 850 of village Nasik in Nasik district was notified for acquisition for the purposes of the Barhe Vibbag Jungale Kamgar Sahakari Sangh Society. In respect of the said acquisition an award was made on 5th June 1973 by the Special Land Acquisition Officer. The Special Land Acquisition Officer took into consideration various instances of sale in the neighborhood and, after dividing the land into three balls, formed the opinion that the reasonable market value of these belts would be Rs. 500/- per gunta, R. 300/- per gunta and Rs. 200/- per guntha respectively. On the basis of this he concluded that the reasonable market value of the land at the relevant time was Rs. 11,000/- per acre. Under the heading 'Inam Land' in the award the Special Land Acquisition Officer noted that the land under acqui...
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