Mumbai Court August 1983 Judgments
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Gangadhar Madhorao Raut Vs. the H.A.O., Amravati and anr.
Court: Mumbai
Decided on: Aug-10-1983
Reported in: AIR1984Bom17; 1983MhLJ1111
ORDER1. By this writ petition under Articles 226 and 227 of the Constitution, the petitioner has challenged the order passed by the respondent No.1 presumably under Clause 28 of the Central Provinces and Berar Letting of Houses and Rent Control Order. 1949 (hereinafter referred to as the 'Rent control Order') on 31-5-1978. Directing the petitioner to vacate the suit house.2. The facts lie in a very narrow compass. In 1972, the house in question which is House No. 180/30 in Mudholkar Peth. Amravati town was allotted to a Government allottee v. R. Raut, who was a Government servant serving in the Revenue department. In 1976. V. R. Raut was transferred to chikhalda On the transfer of V. R. Raut by an order dated 9-6-1976 passed under Clause 24A of the Rent Control Order, this very house was allotted to the petitioner G. M. Raut , who happens to be the real nephew of the original allottee v. R. Raut who was transferred to Chikhalda. These facts are not in dispute.3. It is contended by the ...
Oommen David Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-10-1983
Reported in: 1984(1)BomCR153
M.N. Chandurkar, Actg. C.J.1. This petition has been filed by a teacher who was in the employ of respondent No. 5 and was working as the Head Master of a School and was confirmed as such. However, by an order dated 2nd May, 1981 the Honorary General Secretary of the Society, respondent No. 4, terminated the services of the petitioner by payment of Rs. 7,020.30. Admittedly, the cheque for the said amount was not accepted by the petitioner and was returned by him.2. The Deputy Director of Education, Nasik Division, respondent No. 2, by his letter dated 25th June, 1981 pointed out to the society that termination of the employment of the petitioner was not in accordance with the rules of the Secondary School Code and directed the society to revise those orders immediately. Finally, the Deputy Director of Education wrote to respondent No. 4 that the petitioner should be taken on duty immediately and that if the society failed to reinstate the petitioner drastic steps will have to be taken a...
Perfect Paper and Steel Converters Private Ltd. and anr. Vs. Bombay Na ...
Court: Mumbai
Decided on: Aug-09-1983
Reported in: 1984(2)BomCR30
C.S. Dharmadhikari, J.1. Writ Petition No. 1011 of 1983 is filed by M/s. Perfect Paper and Steel Converters Pvt. Ltd. and Shri J.G. Ghag, the Labour Adviser praying for a writ of mandamus directing the respondent No. 3, the Industrial Court, Maharashtra, to frame appropriate regulations providing for the Labour Advisers to appear in the proceedings under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act). The petitioner No. 1 is a Private Limited Company who is respondent in the complaint filed by the Bombay National General Workers' Union before the Industrial Court under the Act on the ground that the Company has indulged in unfair labour practices. The petitioner No. 2 is working as Labour Adviser and appearing in the proceedings under the various Acts pertaining to the Labour and Industrial Practices filed for the last 16 years. It appears from record that the respondent No. 1, Union filed a complaint...
Fattulal Kasam Mulla Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-09-1983
Reported in: 1983(2)BomCR767
V.V. Vaze, J.1. The house of Pawars of Tadsar village is a divided one. Raising Annasaheb Pawar and Raosaheb Hair Pawar were cousins but spear headed two rival factions of the village. Gun-shots rented the peaceful atmosphere of this sleepy village and Raising was murdered on 14-12-1970. His cousin Raosaheb, Fattulal the present appellant and one Deshmukh were accused of the murder. Ironically, the life of Raosaheb Hari was claimed by a bullet in November 1976. Out of the three suspects, Fattulal was not traceable since the date of the incident. Raosaheb was no more which left only Deshmukh available for trial wherein he was acquitted. The long arm of the law reached Fattulal on 7-1-1979 at Karad and he was tried but acquitted.2. The animosity between the groups of Pawars is reflected in the allegation that Lalsaheb, brother of Raising, had murdered Raosaheb. No progress could be made in the investigation of that matter as Lalsaheb also absconding.3. Allegedly, Jaising Waghoji Zapate (...
ishveralal J. Naik Vs. S.C. Arya, Principal, Govt. Arts and Science Co ...
Court: Mumbai
Decided on: Aug-08-1983
Reported in: 1984(1)BomCR122
A.A. Ginwala, J.1. The petitioner who at the relevant time was serving as Lecturer in Gujarati in the Government College of Arts and Science at Daman ('the College' for brief) has by this writ petition involved the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution, Inter alia to challenge the order dated 5-6-1976 under which his services are terminated in pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 ('Temporary Service Rules' for short).2. The facts leading to this petition stated briefly are that some time in January 1966 the Collector of Daman issued a notification inviting applications for the posts of Professors and Lecturers in various subjects including the posts of Lecturers in Hindi, for the College. It was stated in this notification that 'the appointments are temporary for the present, but likely to be made permanent'. The petitioner applied for the post of Lecturer in Hi...
Second Income-tax Officer Vs. Narendra A. Sheth, Huf
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-05-1983
Reported in: (1983)6ITD300(Mum.)
1. This appeal has been filed by the department against the order, dated 20-4-1982, of the Commissioner (Appeals), by which she allowed the petition under Section 154 of the Income-tax Act, 1961 ('the Act') filed by the assessee, relating to the assessment year 1975-76.2. The original assessment in this ease was completed on 18-9-1978.During the previous year under consideration, the assessee sold certain agricultural land and realised some surplus therefrom. The case of the assessee was that the capital gains arising out of the sale of agricultural land was exempt from tax. Hence, the assessee did not return any income from capital gains. In the course of the assessment proceedings, it was contended by the assessee that the amendment made to the Act charging capital gains arising from the transfer of agricultural land was ultra vires the Constitution, and, so, such capital gains could not be charged to income-tax. The ITO observed in the assessment order, dated 18-9-1978, as follows ...
Rewaram and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-05-1983
Reported in: 1983CriLJ1845
Waikar, J. 1. The first three accused viz. Rewaram Aniruddha and Sumedh were held guilty of the offence punishable under Section 302 read with Section 34 of the I.P.C. and each of them has been sentenced to undergo imprisonment for life. Original accused No. 4 Shailendra who was charged of the offence punishable under Section 201 of the I.P.C. was however acquitted. The accused No. 2 Aniruddha and accused No. 3 Sumedh are brothers.2. The victim of the offence is Baiju Chavhan and the first information report (Ex. 25) was lodged by his brother Suresh (P. W 1). The incident took place on 6-7-1980 at 1-30 p.m., on Wardhadeoli road in the city of Wardha.3. Briefly stated the prosecution alleged that when deceased Baiju was in his house, these three accused came and started loudly abusing him. Baiju came out of the house, when accused No. 1 Rewaram struck him with a swordstick Gupti which was tugged to his Lungi which he was wearing. As Baiju ran, he was chased and a second thrust was again...
Oriental Coal Co. Ltd. Vs. Mohanlal Kisnlal and anr.
Court: Mumbai
Decided on: Aug-04-1983
Reported in: AIR1984Bom174
Jamdar, J.1. Appellant M/s. Oriental Coal Company Ltd. has preferred these two appeals being aggrieved by the two decrees passed in favour of the respective respondent, but as the main question in these two appeals relates to the maintainability of the suit in view of the provisions of the Coal mines (Nationalisatin)Act, 1973, the appeals were heard together and are being disposed of by this common judgment.2. M/s. Oriental Coal Company Ltd. was the owner of Kamptee Coliery. The respondents supplied good s on credit to the appellant-Company. The respondent in First Appeal No.33 of 1980 M/s. Mohanlal KISANLA, A REGISTERED PARTNERSHIP FIRM, SUPPLIOED BAMBOOS (Ballis) worth Rs. 62,294-20 under Bill NOS. e-2 e-3 AND e-4 dated 29-1-1973. The appellant paid Rs. 2,2293-40 towards Bill No E-3 and gave two cheque of Rs. 5,000/- each to M/s. Mohanlal Kisanlal on 30th Jan., 1973. Both these cheque dishonoured in view of th eCoal Mines (Taking over of Mangagement) Act, 1973, which, by virtue of S....
Municipal Corporation of Greater Bombay Vs. Prakash Cotton Mills Pvt. ...
Court: Mumbai
Decided on: Aug-04-1983
Reported in: (1984)86BOMLR16
Khatri, J.1. This judgment governs First Appeals Nos. 215, 216 and 217 of 1974. The Municipal Corporation of Greater Bombay challenges the decision of the learned Judge of the Bombay City Civil Court, (Shri H. Suresh), granting a declaration that the Corporation are not entitled to enforce the bills and notices of demand, under Section 203(1) of the Bombay Municipal Corporation Act, (for short 'the Act') against the respondent Prakash Cotton Mills unless these documents are issued expressly in the name of the Mills, A perpetual injunction is also granted restraining the Corporation from proceeding against the respondents under Section 203(1) ibid on the basis of these bills and demand notices.2. The material facts necessary for the determination of question of law arising in these appeals are not in dispute. The respondents Prakash Cotton Mills Pvt. Ltd. are at present the owners of a large plot of land situated on Swami Vivekanand Road in Greater Bombay and popularly known as 'the Bom...
Anil M. Parikh Vs. Second Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-03-1983
Reported in: (1983)6ITD178(Mum.)
1. This appeal has been filed by the assessee against the order dated 19-4-1982 of the AAC.2. The assessee is an individual, deriving income from profession as a chartered accountant. The assessment year involved in this appeal is 1978-79. The relevant previous year was the Samvat Year 2033.3. During the previous year under .consideration, the assessee attended the International Congress of Accountants as the leader of the Indian Group of Chartered Accountants. This International Congress was held at Munich (West Germany). The expenses claimed by the assessee in connection with the attending of the said professional conference, were Rs. 13,131, comprising of air-fare from Bombay to Munich and back of Rs. 9,319, Rs. 3,000 conference fees and Rs. 812 being the other expenses directly connected with the conference. The case of the assessee was that the trip to Munich was a part of his professional activity in order to improve his status as a chartered accountant, and thereby ensure a ste...
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