Mumbai Court July 1982 Judgments
Sushila W/O Appasaheb Patil Vs. Dada Balgonda Patil
Court: Mumbai
Decided on: Jul-27-1982
Reported in: 1982(1)BomCR852
V.S. Deshpande, C.J.1. I am unable to see any merits in this second appeal. Plaintiff is a daughter of one Narasgonda. Narasgonda died on 27th February, 1960, leaving behind him widow Akkamma and daughter Sushila the plaintiff. Akkamma also died on 19th May, 1963. Narasgonda had one real brother Balgonda, who had died earlier in 1930, when he was still joint with his brother Narasgonda. He left behind him his son, Dada who is a defendant in this case. The plaintiff instituted this suit for partition and possession on 15th June, 1974. She claims her father's share in the property, being the only heir of her father. The defendant disputed her claim. His main defence is that Akkamma and Sushila had executed a registered release-deed in his favour on 26th November, 1960, a few months after the death of Narasgonda. He also pleads that on that very day he had executed two documents in favour of Akkamma and Sushila agreeing to pay Rs. 100/- towards maintenance to each for every year. Accordin...
Tag this Judgment!Muzfar Hasan S/O Shekumiya Vs. Rajebahadu Pannalal Manufacturing Co. P ...
Court: Mumbai
Decided on: Jul-27-1982
Reported in: 1982(2)BomCR523
V.S. Deshpande, C.J.1. This second appeal arises out of the execution proceedings respondent No. 1 instituted the suit for recovery of possession against the opponents herein and the other respondents Nos. 2 to 9. The plaintiff claimed possession of eastern side 28 gunthas of land comprised in Survey No. 302 situate in Malegaon. This area was leased by the plaintiff to the firm of the defendants in or about the year 1932 for the purpose of running a Ginning Factory. The suit was decreed on 5th April, 1963 and the said decree had been affirmed in first and second appeal in this Court. Respondent No. 1 initiated execution proceedings on 28-9-1970. One of the judgment-debtors, that is, opponents resisted the execution proceedings on the ground that the decree does not give the sufficient particulars of the suit property. Both the Courts accepted that the decree does not contain the required particulars even so they thought it necessary to hold enquiry and fixed the description of the prop...
Tag this Judgment!Master Sameer S. Somaiya Vs. First Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-24-1982
Reported in: (1984)8ITD332(Mum.)
1. The assessee owns certain shares of Nirmal Commercial Ltd. through the Sameer S. Somaiya Trust. The assessee had valued the shares of this company at Rs. 5 starting with a value of fixed assets at Rs. 91,84,875 and deducting liabilities of Rs. 83,51,205 due to the shareholders against premises allotted. Under the break-up method, the break-up value of the share was computed at Rs. 8.65 and since there was no dividend declared on equity shares for six years and more, the market value was worked out at Rs. 6.50 being 75 per cent of the break-up value. Rounding it off, the assessee valued the assets at Rs. 5. The WTO revalued these assets. In so doing he did not accept the assessee's contention that a sum of Rs. 83,51,205 deposits from shareholders were refundable to them. The WTO worked out the break-up value at Rs. 475.20 and having regard to the non-declaration of dividends for six years fixed the market value of the shares at Rs. 356.40. The assessee, who is the owner of 270 share...
Tag this Judgment!In Re: Giovanni Marco Muzzu and Etc. Etc.
Court: Mumbai
Decided on: Jul-22-1982
Reported in: (1983)85BOMLR106; 1983MhLJ607
ORDER1. Is this Court to be the clearing house for the export of Indian children transported by devious means to his State from other States for the avowed purpose of being handed over in foreign adoption? That, bluntly put, is virtually the common question I must answer in these petitions. I do so by this common judgment.2. The age of the minors offered for foreign adoption in these petitions range from 6 months to 8 years, five of them being under one year. All these children are born and are said to be abandoned in States other than the State of Maharashtra and were left in the care of institutions in those States, to wit, Karnataka, Gujarat and Andhra Pradesh, except in Miscellaneous Petition NO. 86 of 1982 where the minor is said to have been handed over at Andhra Pradesh to one Sister Mary Ella Stewart during he short visit to that State. Soon thereafter these institutions transferred these children ostensibly to certain institutions in Maharashtra, to wit, Norwegina Free Evangel...
Tag this Judgment!National Textile Corporation (Maharashtra North) Ltd. Vs. Khushalchand ...
Court: Mumbai
Decided on: Jul-21-1982
Reported in: [1985]57CompCas511(Bom)
Madon, J.1. This is an appeal against the judgment and decree of Mr. Justice Vimadalal dismissing a suit filed on the Original Side of this High Court on the ground that the appellants were not entitled to be substituted as the plaintiffs and to continue the suit.2. The suit originally filed by the Model Mills Nagpur Ltd. (hereinafter referred to as 'the company'), against the respondent, who was the managing director of the company until July 18, 1959, to recover from him a sum of Rs. 48,08,329.69 with interest at the rate of 6 per cent. per annum for Rs. 35,55,600 from February 11, 1963, up to the date of the judgment and, thereafter, at the rate of 4 per cent. per annum till payment. According to the case made out in the plaint, the said sum of Rs. 33,55,600 represented the aggregate of the amounts fraudulently taken away by the respondent in his capacity as the managing director of the company. At the hearing of the suit, the claim for interest on the said sum of Rs. 35,55,600 for ...
Tag this Judgment!Gopal Vs. the Divisional Joint Registrar, Co-op. Societies, Amravati a ...
Court: Mumbai
Decided on: Jul-21-1982
Reported in: AIR1983Bom346; 1983MhLJ1020
Tulpule, J.1. This writ petition is for a writ of certiorari to strike down and quash the recovery proceedings following the certificate dated 2-5-1981 issued by the District Deputy Registrar and notice issued by the Recovery Officer dated 15-7-1981 and orders passed pursuant thereto.2. The few facts leading to this petition, and which are not in dispute, can be stated thus: The petitioner is the son of Madanlal Kalantri. It appears that this Madanlal Onkardas Kalantri was indebted to Malkapur Urban Co-operative Bank, Malkapur in the District of Buldana. Proceedings were started against him under the Maharashtra Co-operative Societies Act, Section 91 and an award came to be passed on the 28th of August 1968 directing Madanlal to pay an amount of Rs. 13,445/- to the Malkapur Urban Co-operative Bank, Malkapur (hereinafter referred to as the Malkapur Bank). Interest was also awarded on this amount at 11 per cent per annum.3. As the amount was not paid by the said Madanlal, the Malkapur Ba...
Tag this Judgment!National Textile Corporation (Maharashtra North) Ltd. Vs. Khushalchand ...
Court: Mumbai
Decided on: Jul-21-1982
Reported in: AIR1982Bom539; 1982(2)BomCR525
Madon, J.1. This is an appeal against the judgment and decree of Mr.justice vimadalal dismissing a suit filed on the original side of this High Court on the ground that the appellants were not entitled to be substituted as the plaintiffs and to continue the suit.2. The suit was originally filed by the model mills Nagur Limited (hereinafter referred to as 'the company') against the respondent. Who was the managing director of the company until July 18, 1969, to recover from him a sum of Rupees 48,08,329.69P. with interest at the rate of 6 per cent per annum on Rupees 35,55,600 from February 11, 1963 up to the date of the judgment and thereafter at the rate of 4 per cent per annum till payment. According to the case made out in the plaint, the said sum of Rs.35,55,600 represented the aggregate of the amounts fraudulently taken away by the respondent in his capacity as the managing director of the company. At the hearing of the suit the claim for interest on the said sum of Rupees 35,55,6...
Tag this Judgment!Pfizer Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-20-1982
Reported in: (1983)3ITD67(Mum.)
1. An original assessment was made in this case (sic), subsequently the ITO received some information from the Internal Audit section of the department leading to a belief that the income has escaped assessment.He, therefore, reopened the surtax assessment made for the year under appeal, under Section 8(b) of the Companies (Profits) Surtax Act, 1964 ('the Act'). The assessment was made under Section 6(2) of the Act, wherein the ITO reduced for the purposes of capital computation a proportionate amount under Rule 4 of the Second Schedule to the Surtax Act. He also reduced the capital by the amount paid out of the general reserve for the year.2. The assessee's appeal against the reassessment was both on the validity thereof and the validity of the notice served. The Commissioner (Appeals) rejected the assessee's claim. It is thus that the matter is in appeal before the Tribunal.3. The learned counsel for the assessee has pointed out at least three palpable defects in the reassessment : ...
Tag this Judgment!Controller of Estate Duty Vs. Mohamed Habib A. Valiwalla
Court: Mumbai
Decided on: Jul-20-1982
Reported in: [1982]137ITR677(Bom)
Chandurkar, J. 1. The two questions which have been referred in this reference under Section 64(1) of the E.D. Act referred to us at the instance of the Controller of Estate Duty are as follows :'(1) Whether, on the facts and in the circumstances of the case, two amounts of Rs. 25,000 gifted by the deceased to his two sons were liable to be included in the principal value of his estate under Section 10 of the Act? (2) Whether, on the facts and in the circumstances of the case, the value of the share in the immovable properties gifted by the deceased was liable to be included in the estate of the deceased under Section 10 of the Act?' 2. The deceased, Abdulkadar Nanamiya, was the owner of immovable property bearing No. 3/100/154 in Nagpada Street, Bombay. He gifted the whole of his property equally to his wife and three married daughters. The property was in the possession of tenants. The rent received was credited in the joint accounts of the wife and the three daughters in the books o...
Tag this Judgment!Maharashtra State Road Transport Corporation and ors. Vs. Ramchandra P ...
Court: Mumbai
Decided on: Jul-19-1982
Reported in: 1982(2)BomCR629
V.S. Kotwal, J.1. The first respondent herein was employed as a clerk with the first petitioner which is a Government undertaking incorporated under the Road Transport Corporation Act. He was confirmed in that capacity in April 1976. He was at the relevant time posted as a clerk at the Gargoti Depot in Kolhapur District. The concerned authorities on or about December 6, 1980, discovered the commission of a fraud in the matter of misappropriation of an amount of Rs. 5579-90 ps. which event according to the department took place some time in October 1980.2. Armed with this information and the requisite material a preliminary enquiry came to be held and it is thereafter on the basis of the findings of the said enquiry, that on December 11, 1980, a charge-sheet was levelled against the first respondent incorporating the said charge of misappropriating the said amount along with some other delinquent. On December 19, 1980, the first respondent tendered his reply to the said authority. Then ...
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