Mumbai Court April 1982 Judgments
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Banas Domnic Miranda Vs. A.K. Ankola and Others
Court: Mumbai
Decided on: Apr-08-1982
Reported in: 1982CriLJ2059
Dharmadhikari, J.1. In this writ petition the petitioner has challenged the order of externment dated 27the April, 1981 passed by the Deputy Commissioner of Police, Zone III Greater Bombay externing him outside limits of Greater Bombay and Thane district for a period of 18 months from the date on which he removes himself or is removed outside the limits of Greater Bombay and Thane district.2. It appears from the record that a usual show cause notice under section 59 of the Bombay Police Act was issued on 18th March, 1980 giving the petitioner an opportunity of tendering his explanation regarding the allegations made in the notice. The allegations made in the notice read as under :'(i) That since January 1979 (except during the period you were in custody), in the localities of Marol Village, Sak Baug, Mohili Village, Uday Nagar, Takpada, Chimatpada, Kurla, Andheri Road and the areas adjoining thereto in Greater Bombay your acts and movements are causing and are calculated to cause alarm...
Hemchandra Shridhar Nair Vs. Hemangi Hemchandra Nair and anr.
Court: Mumbai
Decided on: Apr-08-1982
Reported in: 1982(1)BomCR777
S.J. Deshpande, J. 1. This is a petition under Article 227 of the Constitution of India filed by the husband challenging the order passed by the learned Additional Sessions Judge, Bombay on December 12, 1980 in Criminal Revision Application No. 226 of 1980.2. The respondent-wife made an application against the petitioner-husband claiming maintenance under section 125 of the Code of Criminal Procedure. The rate of maintenance demanded by her was Rs. 300/- per month. It was averred by the respondent-wife that the marriage between the parties took place on November 27, 1978 at Bombay. They were residing together for some months. It was alleged that the petitioner-husband was on visiting terms with one lady named Meera. The respondent-wife object to his relationship with Meera. The petitioner got annoyed. The members of the family of the petitioner also humiliated her. The first respondent wife was ill-treated and ultimately in June 1979 she was taken to his village by the petitioner and l...
Commissioner of Income-tax, Bombay City-iv Vs. Chemicals and Fibres of ...
Court: Mumbai
Decided on: Apr-07-1982
Reported in: (1982)31CTR(Bom)104; [1983]142ITR413(Bom); [1982]11TAXMAN213(Bom)
Kania, J.1. This is a reference on a case state under s. 256(1) of the I.T. Act, 1961 (referred to hereinafter as 'the said Act'). the question referred to us for our determination is as follows :'Whether, on the facts and in the circumstances of the case, the said sum of Rs. 2,73,513 paid by the assessee to the Government was an admissible deduction under the Income-tax Act, 1961 ?'2. We may now set out briefly the facts giving rise to the reference. The assessee is a company incorporated under the Companies Act, 1956, and it carries on the business of manufacturing chemical fibres. The relevant assessment year is 1968-69, for which the relevant previous year is the one ended on September 30, 1067. On January 19, 1965, the assessee was granted an advance import license of the c.i.f. value of Rs. 15,00,000, under the Art Silk Export promotion Scheme, by the Central Govt., for importing raw materials, subject to certain conditions. For the compliance with the said conditions, the assess...
Prakash Ghanshamdas Nathani and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-07-1982
Reported in: 1982(1)BomCR408
B. Lentin, J.1. The question that arises for determination in this writ petition is whether the 1st petitioner is entitled to the benefit of a reserved seat in a Medical College in Maharashtra on the ground that he is Thakur by caste which is recognised as a Scheduled Tribe under Entry No. 44 of Scheduled II, Part IX in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (referred to hereafter as ' the Amendment Act)'.2. The 1st petitioner is the son of the 2nd petitioner who claims to have migrated to India from Sindh Province (now Pakistan) in 1942. However, according to the State Government, his migration to India was after partition. Be that as it may, the year of migration is of no consequence. His son, viz. The 1st petitioner (referred to hereafter as 'the student') was born at Kalyan on 9th February, 1964. After passing his 12th standard from R.K. Talreja Junior College, Ulhasnagar, in 1981, and claiming to be a member of a Scheduled Tribe, viz. 'Thakur', he a...
Dagadu Shamrao Deshmukh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-05-1982
Reported in: 1983(2)BomCR424; 1982CriLJ1866; 1982MhLJ559
ORDER1. The contention of the petitioner before me is that there is a policy decision taken by the Government to condone or connive at certain kind of offences involving criminal misappropriation. The petitioner's contention is not that he had committed any such offences; but he relies upon the above policy decision of the Government and contends that even assuming that he was guilty of some kind of criminal misappropriation of the monies belonging to the Government, having regard to the above mentioned Government policy, he is entitled to be let off without any action against him. The fact that the Government has laid down such a policy has been conceded before me by the learned Public Prosecutor by producing the relevant Government circular in that behalf. The result is that I have no other alternative but to accept the petitioner's contention and to allow this appeal (petition ?) filed by the Government servant who was convicted by the Courts below for deflection of Public money.2. ...
Amarchand JainaraIn Agarwal Vs. Union of India and Others
Court: Mumbai
Decided on: Apr-05-1982
Reported in: (1982)31CTR(Bom)122; [1983]142ITR410(Bom)
S.K. Desai, J.1. This is an appeal from a decision given by Pendse J., in Miscellaneous Petition No. 952 of 1978 (see p. 402 supra). The main point that is urged in the petition pertains to the time as to when the Competent Authority can exercise powers under s. 269C of the I.T. Act, 1961. By the time the petition reached hearing before the learned single judge, the matter was not res integra, and it was concluded against the petitioner following the decisions of the Delhi High Court and of the Andhra Pradesh High Court. These decisions have been referred to in para. 9 of the judgment of the learned single judge. The petitioner was contending that the effective date for exercise of power under s. 269C not the date of registration but the date of execution of the document. The contention however, has been specifically negatived by both the Delhi and the Andhra Pradesh High Courts.2. In Mahavir Metal Works P. Ltd. v. Union of India : [1974]95ITR197(Delhi) , a Division Bench of the Delhi ...
Jai Hind Oil Mills Co. and anr. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Apr-05-1982
Reported in: 1982(1)BomCR556
S.J. Deshpande, J.1. The applicant is the original accused in Criminal Case No. 109 of 1980 filed in the Court of the learned Metropolitan Magistrate, Mazagaon Bombay. This application is not directed against any particular order, but the relief which is claimed relates to the quashing of prosecution commenced by the second respondent, the Controller of Rationing, Bombay in respect of the alleged breach of the Maharashtra Hydrogenated Vegetable Oil Dealers Licensing Order, 1970.2. It is alleged that the applicant has committed the breach of the condition No. 2(b) of the above Order read with sections 7 and 8 of the Essential Commodities Act, 1955. It is further alleged that the applicant is manufacturer of Vanaspati oil having factories at Bhandup and Sewree and both these factories are registered as an Industrial Undertaking under the provisions of the Registration and Licensing Rules, 1953 and holds a licence from the Ministry of Commerce and Industry, Government of India, for the ma...
Dy. Assessor and Collector and ors. Vs. Frizair Corporation
Court: Mumbai
Decided on: Apr-03-1982
Reported in: 1984(1)BomCR234
D.M. Rege, J.1. These two appeals under section 217 of the Bombay Municipal Corporation, are against the judgment and order of the Additional Chief Judge of the Court of Small Causes dated 3rd June, 1980. Appeal No. 775 of 1980 is against the reasoned judgment and order of the Additional Chief Judge dated 4-9-1980, allowing the appeal by the respondents being Municipal Appeal No. M. 182/77 under section 217 of the said Act against the order of Dy. Assessor and Collector under section 192(1) dated 9-3-1977 received by respondents on 12-3-77 rejecting the respondents' application for refund under Rule 26 of the Bombay Municipal Corporation (Levy of) Octroi Rules, 1965. Appeal No. 95 of 1982 is against the combined order of the Additional Chief Judge of Small Causes Court dated 5-6-1980 in Municipal Appeal No. M. 183 of 1977 along with 76 other appeals on the same basis as the above-mentioned M. Appeal No. 182 of 1977. In allowing the said Appeal No. M. 193/77 along with the other appeals...
Purshottam Visindas Raheja Vs. Life Insurance Corporation of India and ...
Court: Mumbai
Decided on: Apr-02-1982
Reported in: AIR1982Bom523
ORDER1. The plaintiff is the karta and manager of a joint Hindu family called Raheja sons (H.U.F.) which carries on business in the name and style of shri Tirupati Builders. The plaintiff entered into an agreement with the Life Insurance corporation of India (defendant No.1) for the purchase of the suit property at Dadasheb phalke Road, parel, Bombay under an agreement of sale dated 21st Jan., 1981. Life Insurance corporation which is defendant No.1 is the owner of the suit property which consists of serveral structures, some of which are used as a cinema studio, one T.Tarahand was a tenant of Life Insurance corporation in respect of the said entire property including the said studio. T.Tarachand died on or about 18th September 1972. Defendants 2 to 8 are his surviving heirs and legal representatives. They claim tenancy rights in respect of the said property as the heirs of the deceased tenant. Defendant No.9, Roop Tara studios, is a partnership firm in which originally T.Tarachand was...
Maharashtra State Electricity Board Vs. Trimbak Narayanrao Phulari and ...
Court: Mumbai
Decided on: Apr-01-1982
Reported in: 1982(1)BomCR749
D.M. Rege, J.1. This civil revision application is by the Maharashtra Electricity Board, against the judgment and order of the Extra Assistant Judge, Nanded, dated 13-11-1981 confirming the order of temporary injunction granted by the learned Civil Judge (Junior Division), Nanded by his order dated 30-9-1981.2. Respondent No. 1 is the owner of the premises being House No. 1-6-106 in Srinagar area, Nanded, and respondent No. 2 is a tenant of the premises. Respondent No. 1 is the consumer of the applicant and was supplied with two electricity meters bearing Nos. 9828 and 9550. The Maharashtra Electricity Board operating in the said area sometime in December 1978, served on the 1st respondent two electricity bills for the electricity consumed as shown under the said two meters. 23rd January was the last day for the payment of the said bills. On that day itself the 1st respondent paid both the said bills. However, the payment of the said bills was entered in the records of the Board only a...
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