Mumbai Court November 1984 Judgments
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Raoji and Etc. Etc. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Nov-22-1984
Reported in: AIR1986Bom262; 1985(2)BomCR563
Mohta, J.1. Constitutionality of S. 36A of the Maharashtra Land Revenue Code, 1966 (The Code) is questioned in this batch of petitions.2. The petitioners are all 'non-Tribal' who have purchased occupancies from 'the Tribals' - a term within the meaning of explanation to sub-sec. (4) of S. 36 of the Code as amended by Act No. XXXV of 1974 (The Act) which was brought into force with effect from 6th July 1974. All the transfers are subsequent to that date and are indisputably in violation of S. 36A. The transactions are declared invalid on merits after enquiry. Though feeble attempt was made to challenge these orders there is nothing on record to justify interference under Art. 226. What really survives is multi headed attack on S. 36A under Art. 14, 15(4), old Articles 19(1)(f) and 31 and new Art. 300A of the Constitution.3. Section 36 before its amendment by the Act had put a restriction of transfer of occupancies belonging to certain declared Tribals in favour of non-Tribal. Previous s...
Amrutlal Chunilal Kataria and anr. Vs. Maharashtra State Transport Cor ...
Court: Mumbai
Decided on: Nov-22-1984
Reported in: 2(1985)ACC300
V.V. Vaze, J.1. Sachin, the two years' old son of Amrutlal Katariya a practising Advocate of Ahmednagar, was killed as he came under S.T. bus bearing No. MHD-904 belonging to opponents 1 and 2 which was being driven by Shaikh Abdul Shaikh Shahaji-opponent No. 4 on 28-6-1979. The parents of the child filed a claim petition before the Claims Tribunal, Ahmednagar which awarded damages to the extent of Rs. 4,000/- which the parents consider as inadequate,2. As the child was only two years' old no arguments have been addressed regarding any contributory negligence though an observation was was made by the trial Court that the parents were negligent in allowing the children to play on the roads. According to Amrutlal, Sachin was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. Alka and Amrutlal, the parents of the child, say that they were shocked due to the death of their only son.3. It appears that Amrutlal i...
NasiruddIn Bapulal Malgave and anr. Vs. Ramesh Onkari Lal and ors.
Court: Mumbai
Decided on: Nov-22-1984
Reported in: 1(1985)ACC436
V.V. Vaze, J.1. Javed, 12, studying in sixth standard in the Municipal School at Miraj was cycling towards Shivaji statue at the crossing of Pandharpur road and Miraj hospital road at Miraj. He was knocked down by a truck belonging to opponent No. 3 Surendrasinghg Bhatiya which was being driven by opponent No. 1 Ramesh Barot. The truck was insured with opponent No. 4 United Indian Insurance Company, Indore. The parents of Javed filed a motor accident claim No. 33 of 1981 before the Motor Accident Claims Tribunal at Sangli which dismissed the same. Hence the appeal.2. The driver of the truck who should have been the best witness to talk about the manner in which the accident took place has not been examined and we have the evidence of one Bapu Kadam who works as a cook in Benuka hotel situated towards south of Shivaji statue on Pandharpur road. Bapu was sitting in the hotel in the evening when there were no electric lights because of a break down in the plant. He saw a boy cycling on th...
Amritlal Chunilal Katariya and anr. Vs. Maharashtra State Transport Co ...
Court: Mumbai
Decided on: Nov-22-1984
Reported in: 1(1985)ACC516
V.V. Vaze, J.1. Sachin, the two years' old son of Amritlal Katariya a practising Advocate of Ahmednagar was killed as be came under S.T. bus bearing No. MHD-904 belonging to opponents 1 and 2 which was being driven by Shaikh Abdul Shaikh Shahji-opponent No. 4 on 28.6.1979. The parents of the child filed a claim petition before the Claims Tribunal. Ahmednagar which awarded damages to the extent of Rs. 4,000/- which the parents consider as inadequate.2. As the child was only two years' old no arguments have been addressed regarding any contributory negligence though an observation was made by the trial Court that the parents were negligent in allowing the children to play on the roads. According to Amritlal, Sachin was a bright boy and the parents had the resources as well as ambition to educate him so that he qualifies as a doctor or an engineer. Alkan and Amritlal, the parents of the child, say that they were shocked due to the death of their only son.3. It appears that Amritlal is pra...
Commissioner of Sales Tax Vs. Kalidas Mulji
Court: Mumbai
Decided on: Nov-21-1984
Reported in: [1985]58STC166(Bom)
Smt. Sujata V. Manohar, J.1. Respondent M/s. Kalidas Mulji is a registered dealer under the Bombay Sales Tax Act, 1953. The original assessment proceedings in respect of the respondent for the period 1st April, 1959 to 31st December, 1959 were initiated before the Sales Tax Officer, B-Ward, Bombay. Thereafter on receipt of information that the respondent was not keeping a correct account of purchases and sales, the place of business of the respondent was 'visited' by the Sales Tax Officer, Enforcement Branch, Bombay on 8th November, 1960. Therefore the assessment proceedings were transferred from the Sales Tax Officer, B-Ward, Bombay, and were assigned to the Sales Tax Officer (IV), Enforcement Branch, Greater Bombay under an order dated 23rd January, 1961 passed by the Deputy Commissioner of Sales Tax, Bombay City Division (Enforcement), Bombay.2. The Sales Tax Officer, Enforcement Branch, eventually passed an order of assessment which was confirmed in appeal by the Assistant Commissi...
Empreitiors Gerais (P.) Ltd. Vs. Asha Vishnu Prabhu Chodnekar and ors.
Court: Mumbai
Decided on: Nov-21-1984
Reported in: 2(1985)ACC83
V.V. Vaze, J.1. As a result of a collision between an Ambassador car No. GDL 3142 and a truck no. MHT 6967 Mr. V.P. Chodnekar, Advocate, having about five years Practies, who was traveling in the car, was killed. The widow and daughter of the deceased filed an Accident Claim Case No. 6 of 1978 before the Motor Accidents Claims Tribunal, Sangli at Sangli. The Tribunal made an award of Rs. 75,000/- against the driver and the owner of the car while an award of Rs. 25,000/- was made against the driver, owner and insurer of the truck viz. Opponents Nos. 1, 2 and 3. The Opponent No. 5 being the owners of the car, have preferred the appeal challenging the finding about the apportionment of damages between the insurer and the owner.2. During the arguments, it transpired that the driver of the car Pandurang Hari Naik had applied to the Tribunal that he may be permitted to examine himself as his witness, upon which an order was passed by the learned Member of the Tribunal on 21-7-1979 to the eff...
Oswal Woollen Mills Ltd. Vs. Union of India
Court: Mumbai
Decided on: Nov-20-1984
Reported in: 1989(23)LC286(Bombay); 1989(43)ELT57(Bom)
1. This petition concerns the import of woollen rags.2. Woollen rags, by reason of an exemption notification dated 21st March 1959, were totally exempt from Customs duty.3. The petitioners imported five consignments of woollen rags in 1972-73. On 10th January 1973 they were served with a notice to show cause why the consignments should not be confiscated as they contained second-hand clothing. On 13th June 1973 the Collector of Customs held that the import was not covered by the petitioners' licence for woollen rags against which their clearance was claimed; it was unauthorised and contravened Section 111(d) of the Customs Act read with Section 3 of the Imports and Exports (Control) Act. He ordered absolute confiscation. In this order the Collector noted the argument on behalf of the petitioners that woollen rags need not be mutilated; it was sufficient if garments were old, used and discarded. The second argument on behalf of the petitioners was that 'woollen' covered any fabric in wh...
Urmila Kaur and ors. Vs. Bapu Rajaram Kothale
Court: Mumbai
Decided on: Nov-20-1984
Reported in: 2(1985)ACC86
V.V. Vaze, J.1. Doctor Bewali who had obtained doctorate in agriculture was in the faculty of the agricultural college. Dhule as Professor and Head of he department of Botany He was drawing Rs. 2,460/- per month. On 21-6-1980 when he was proceeding on scooter towards agricultural college on Dhule-Parola road, the truck belonging to Bapu Kothale and driven by Ramesh More came from behind and dashed against Dr. Bewali as a result of which Dr. Bewali suffered injuries and was immediately renomed to hospital. Inspite of amputation of Dr. Bewali's right leg which was crushed, he could not recover and died on 23-6-1980 a couple of days after the accident. Urila kaur his wife and the three children of Dr. Bewali preferred claim petition No. 42 of 1980 before the Motor Accident claims Trihunal, Dhule and the Tribunal awarded compensation of Rs. 65,000/- against the owner, Dhule and the the Insurance Company but limited the liability of insurer to Rs. 50,00/- The claimants appeal.2. As there is...
First Income-tax Officer Vs. Balsara Hygiene Products
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-19-1984
Reported in: (1985)12ITD335(Mum.)
1. We can dispose of the cross-appeals together. The main issue to be decided is, whether the selling agents commission paid to a close associate of the assessee-firm is to be disallowed under Section 40A(2) of the Income-tax Act, 1961 ('the Act').2. The assessee is a firm. They manufacture certain hygienic products.Up to the assessment year 1973-74, the entire production was sold to a limited company by the name Balsara & Co. Ltd. There is no dispute that the assessee and the company are close associates for the purpose of Section 40A(2). The assessee was giving the company a trade discount of 35 per cent.3. From the assessment year 1974-75, the two parties entered into a different type of agreement. Instead of selling the products directly to the company, the firm made it a selling agent. The agreement of selling agency has been renewed from time to time. We are concerned in these appeals with the assessment for 1979-80, the accounting year being the period ended 30-6-1978. For ...
Commissioner of Sales Tax Vs. Punjab National Hotel
Court: Mumbai
Decided on: Nov-19-1984
Reported in: [1985]58STC68(Bom)
Kania, J.1. This is a reference on the case stated by the sales Tax Tribunal under section 6(1) of the Bombay Sales Tax Act, 1959 (referred to hereinafter as 'the Bombay Sales Tax Act'). The two questions which have been referred to us for our determination in this reference are as follows :'(i) Whether the Tribunal was justified in law in holding that the expression 'turnover of sales' as appearing in entry 9 of the notification issued under section 41 of the Bombay Sales Tax Act, 1959, and as operative in the period from 29th September, 1963, to 12th October, 1972, meant the turnover of taxable sales and not the turnover of all sales of all commodities effected by the dealer during the year under assessment ?(ii) Whether on a true and proper interpretation of the concluding part of entry 9 of the notification under section 41 of the Bombay Sales Tax Act, 1959, the Tribunal ought to have held that the respondent was not eligible to the benefit of that entry as he was not conducting an...
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