Mumbai Court November 1984 Judgments
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Kantaben W/O Chandulal Kalidas Vs. Parsi Dairy Farms and ors.
Court: Mumbai
Decided on: Nov-06-1984
Reported in: 1985(2)BomCR353; 1985MhLJ220
B.A. Masodkar, J.1. This civil revision application questions the order made on December 13, 1983, rejecting the application of the revision-applicant for joinder as the defendant in the suit, being Long Cause Suit No. 6881 of 1982. By that order, the revision-applicant's Chamber Summons in that regard has been dismissed.2. The admitted positions are that the suit is filed claiming relief of injunction against the Bombay Municipal Corporation. That Corporation issues notices under section 351 of the Bombay Municipal Corporation Act, 1888 (hereinafter referred to as 'the Act') followed by section 488 of the Act with regard to a shed said to have been put up at the rear side of the building in occupation of the plaintiff, situate at Princess Street in Bombay. The said premises are held by the plaintiff as lessee. The property belongs to the revision-applicant, she having purchased the same in the year 1944. Thus, the revision applicant is the landlady while the plaintiff is the tenant. A...
Bai Hanifabai Dada Tofique Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-06-1984
Reported in: (1984)86BOMLR653; 1985MhLJ134
Bharucha, J.1. This petition challenges the continued requisition of a room on the 2nd floor of a building situated at 113, Sarang Street, near Crawford Market, Bombay - 3. The petitioner is the owner of that building.2. The facts, as I have gathered from both the sides, are these: On April 29, 1952 the then Government of Bombay requisitioned the said room 'for a public purpose namely for housing Government Servant'. On April 10, 1954 the said room was allotted to the second respondent. Clause 8 of the allotment order required the second respondent, in the event of his ceasing to be in Government service in Bombay for any reason whatsoever to immediately inform the Controller of Accommodation and hand over vacant possession of the said room to him within two months from the date on which his Government service ceased. The second respondent retired from Government service on March 31, 1980. On February 28, 1981 the petitioner wrote to the Government and informed it of the retirement of ...
Poona Municipal Corporation Vs. Chandrakant Ramchandra Taware and anr.
Court: Mumbai
Decided on: Nov-06-1984
Reported in: 2(1985)ACC403
V.V. Vaze, J.V.V. Vaze, J.1. Chandrakant Taware a young boy of 16 was riding the front bar of a bicycle with Tanaji Pawar at the seat. They were proceeding on Karve Road towards Paud Fata, Dashbhuja Ganapati Bus Stop. At that bus-stop there is a triangular junction of a road going to Paud Fata and another leading to Kothrud. The road leading to the junction coming from Deccan Gymkhana takes a slight upward gradient. From the junction came a Corporation vehicle driven by Dilip Shirke who had already done 4 trips of transporting the city garbage and was returning from the fourth trip after negotiating a turn at the Paud diversion.2. According to driver Shirke, he saw the cyclist coming from opposite side and that the one in the driver's seat became inattentive as he wanted to wipe the rain drops that had fallen on his face. The driver shouted at him apprehending that the cyclist was becoming inattentive. All the same, the shouts did not work and the cyclist lost the balance and dashed ag...
Commissioner of Sales Tax Vs. Premier Automobile Ltd.
Court: Mumbai
Decided on: Nov-05-1984
Reported in: (1985)87BOMLR6
Kania, J.1. This is a reference under Section 61(7) of the Bombay Sales Tax Act, 1959 read with Section 9(2) of the Central Sales Tax Act, 1956 (referred to hereinafter as 'the said Act'). The question referred to us for our determination is as follows:Whether the Tribunal was correct in law in holding that 'service pool charges' recovered by the respondent dealer from their distributors does not form a part and parcel of the Sale price as defined under Section 2(h) of the Central Sales Tax Act, 1956The facts giving rise to the reference are as follows: The respondent-company is a registered dealer under the Bombay Sales Tax Act, 1959 and under the said Act. The respondent was assessed by the Sales Tax Officer concerned of the period from July 1, 1964 to June 30, 1965 under the Bombay Sales Tax Act, 1959, as well as under the said Act, on May 7, 1969, On examination of the books of account of the respondent the Sales Tax Officer found that the respondent had collected 'Service Pool Cha...
Maharashtra State Road Transport Corpn. Vs. Girdhar Vitthal Patil
Court: Mumbai
Decided on: Nov-05-1984
Reported in: 1(1985)ACC380
V.V. Vaze, J.1. Sajid Parvej Shaikh Abu. a driver in the employment of Maharashtra State Road Transport Corporation was driving S.T. bus on his trip from Sarangkheda to Shahada. By the time he hed left Sarangkheda, he noticed a cyclist carrying someone on the connecting bar of his bicycle coming from the opposite direction. According to the driver Sajid Abu the cyclist could not control the vehicle, more so when he was carrying an additional passenger and dashed against the front portion of the bus. The driver Sajid Abu applied brakes but could succeed in bringing the bus to half only after the cyclist had come under the wheels of the bus. Girdhar Vitthal Patil who was the passenger on the bicycle suffered fractures of tibia fibula and right knee leg and, therefore, there was traumatic amputation of the right lug at the junction of the upper l/3rd and lower 2/3rd, as result of which his leg had to be amputated.2. When Girdhar Patil preferred a claim before the Motor Accidents Claims Tr...
N.S. Raut and anr. Vs. A.V. Shrinivasan and ors.
Court: Mumbai
Decided on: Nov-02-1984
Reported in: AIR1986Bom72
Dharmadhikari, J.1. This is an appeal filed by the owner of the Truck as well as Insurance Company against the Award passed by the Member of the Motor Accident Claims Tribunal, Pune dated 26th of February 1980 in Applications Nos. 9 and 10 of 1977.2. It is an admitted position that an accident took place on the night between 21st and 22nd of February 1976 in which the deceased Captain Ravichandran died on the spot. It is also an admitted position that the Captain Ravichandran and his wife Mythily were proceeding on a scooter and a truck driven by D.W. Sampat was coming from the opposite side. Mythily was occupying the pillion seat at the material time and the scooter was proceeding along Bombay-Pune Road. It is the case of the claimants that Captain Ravichandran was driving his scooter slowly on the left hand side of the road, whereas the truck driven by Sampat came from the opposite direction and was being driven at a recklessly high speed and without sounding any horn. It had only on...
Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Walchandnagar ...
Court: Mumbai
Decided on: Nov-02-1984
Reported in: [1985]58STC89(Bom)
Smt. Sujata V. Manohar, J.1. In this reference the following question has been referred to us for determination :'Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the agreement dated 20th May, 1959, between M/s. Walchandnagar Industries Ltd., the respondent, and M/s. Krishna Sahakari Sakhar Karkhana Ltd., was an indivisible works contract, and not a composite one, divisible into one for sale of machinery and another for rendering some service ?'2. M/s. Walchandnagar Industries Ltd., who are the respondents in this reference are dealers registered under the Bombay Sales Tax Act, 1959. They entered into two contracts with M/s. Krishna Sahakari Sakhar Karkhana Ltd., under which they agreed to supply and erect a sugar plant for the said Karkhana. These contracts are dated 20th May, 1959, and 13th May, 1960. For the period 1st January, 1960, to 30th September, 1960, the respondents were assessed by the Sales Tax Officer, Poona City I...
Shriniwasan Raut and anr. Vs. A.V. Shriniwasan and ors.
Court: Mumbai
Decided on: Nov-02-1984
Reported in: 1(1985)ACC353
C.S. Dharmadhikari, J.1. This is an appeal filed by the owner of the Truck as well as Insurance Company against the Award passed by the Member of the Motor Accident Claims Tribunal, Pune dated 26th of February 1980 in Applications Nos. 9 and 10 of 1977.2. It is an admitted position that an accident took place on the night between 21st and 22nd of February 1976 in which the deceased Captain Ravichandran died on the spot. It is also an admitted position that the Captain Ravichandran and his wife Mythily were proceeding on a scooter and a truck driven by D.W. Sampat was coming from the opposite side. Mythily was occupying the pillion seat at the material time and the scooter was proceeding along Bombay, Pune Road. It is the case of the claimants that Captain Ravichandran was driving his scooter slowly on the left hand side of the road whereas the truck driven by Sampat came from the opposite direction and was being driven at as recklessly high speed and without sounding any horn. It had o...
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