Mumbai Court March 1984 Judgments
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Rokia Sultan Mahomedali and ors. Vs. Bidkar and ors.
Court: Mumbai
Decided on: Mar-07-1984
Reported in: 1985(1)BomCR502
M.L. Pendse, J.1. The grievance of the petitioners in this petition filed under Article 226 of the Constitution of India lies in a very narrow compass. The petitioners are tenants occupying residential flats in a building known as Vincent Terrace situate at Dadar, Bombay. Respondents No. 3 to 11 others are tenants in respect of the same building. Respondent No. 3 purchased the building from the former owner and she is in occupation of seven residential flats. Respondents Nos. 1 and 2, that is the officers of the Maharashtra Housing and Area Development Board served notice upon the landlord calling upon to contribute an excess of Rs. 50,000/- to effect the repairs to the building. The landlord did not agree to contribute any amount and subsequently the Board informed the Secretary of the Tenants Association that the excess amount now required to be paid is Rs. 1,40,000/- instead of Rs. 50,000/- due to rise in construction cost. The revised cost of 1,40,000/- was informed to the Secretar...
Mahipat Soye and anr. Vs. Bhagwan Vazir Chavan and ors.
Court: Mumbai
Decided on: Mar-07-1984
Reported in: 1(1986)ACC21
Tated, J.1. The original opponents Nos. 1 and 2, the driver and the owner of truck No. MHS 1229, preferred this appeal against the judgment and decree dated 18th October 1980 passed by she Member of the Motor Accidents Claims Tribunal, Jalgaon, ordering the appellants to pay a sum of Rs. 8,915/- to the respondents Nos. 1 to 6, who are the heirs of deceased Sabjobai who was crushed under the truck of the appellants.2. On 12th September 1979 at about 6 a.m. the appellant No. 1 Pandit Mahipat Soye, who was employed as a driver by the appellant No. 2 Ramesh Gulabchand Varma, was driving truck No. MHS 1229 and was proceeding from Jalgaon towards Erandol. The truck ascended the bridge from Jalgaon town side, came over the top of the bridge and thereafter'took a turn towards left, that is, towards west. The slope of the bridge is from east to west, and after taking the turn the accident took place just about ten to fifteen feet from the right angle turn on the bridge itself. Sabjobai came und...
Hindustan Petroleum Corporation Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-06-1984
Reported in: (1984)(18)ELT358Tri(Mum.)bai
1. This appeal arises out of and is directed against the Order-in-Appeal No. S/49-1196/82 MCD BCH No. 5980/82 dt. 30-10-1982 passed by the Collector of Customs (Appeals) Bombay, by which he confirmed the Order-in-Original bearing No. S/8-9-2285/79 dt. 30-4-82 passed by the Assistant Collector of Customs MCD, by which he rejected the appellants' claim for refund of duty amounting to Rs. 32084.00 in respect of 5 pallets undelivered to them.2. The appellants imported 50.000 Metric Tonnes of fresh catalyst packed in 46-1 way pallets each pallet containing 50 bags of 25 kgs.each as per vessel 'Pittsburg/Saphire bounty and presented the B/E No.05658 on 18-4-1979. The Customs Authorities carried out inspection and examination and an 'out of Charge' order was passed on 30-4-79. On 10-5-79 the Bombay Port Trust docks reported that the entire consignment of 46 pallets had landed in the docks, out of which 5 pallets were not available for delivery. On 26-9-79 the appellants made an application f...
Jugraj Kantilal and Co. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-06-1984
Reported in: (1990)(26)LC125Tri(Mum.)bai
1. The appeal dated 8th December, 1979 to the Gold Control Administrator against Order No. XVII(GC)8-35/78 dated 17.3.1979 passed by the Collector of Customs (Prev.) Bombay has been transferred to the Tribunal for disposal in terms of the provisions of Section 82K. of the Gold Control Act.2. The facts of the case are that on 14.4.1978 the business premises of the appellant firm, which consists of two partners who are appellants 2 and 3, and was carrying on business as gold dealers, were searched by the officers of the Gold Control Cell and gold articles and gold ornaments collectively weighing 3099.600 grams were seized. After investigation and issue of a show cause notice the Collector of Customs passed the impugned order dated 17.9.1979 by which he ordered confiscation of old gold ornaments weighing 1731.200 grams under Section 71 of the Gold Control Act and prescribed a fine of Rs. 10,000/-; confiscated 1368.400 grams of gold and prescribed a fine of Rs. 20,000/-; released 131.000 ...
Nivrutti Narayan Bankar Vs. Adarsha Padhegaon Vividh Karyakari Seva Sa ...
Court: Mumbai
Decided on: Mar-06-1984
Reported in: AIR1985Bom131; 1984(2)BomCR667; (1983)86BOMLR222; ILR1985Bom1677; 1984MhLJ293
Dharmadhikari, J.1. The petitioner Nivrutti Narayan Bankar was a member of the Respondent 1 Adarsha Padhegaon Vividh Karyakari Seva Sahakari Society Ltd. from the year 1960. The respondent 1 Society used to give crop loans to the petitioner. Thus the petitioner was in arrears of the loan amount of Rs.62,863/- on 30th June 1963. The Respondent 1 Society, therefore, made an application to the Registrar of the Co-operative Societies under S. 101 of the Maharashtra Co-operative Societies Act for the issue of a Recovery Certificate. The Respondent-Society obtained such a certificate in the year 1964 and thereafter started recovery proceedings by attachment etc. It is the case of the petitioner that the Respondent 1 Society received payments of Rs. 96,000/- till the year 1976 under the said Recovery Certificate. The petitioner therefore challenged the further recovery of the amount, which was obviously towards interest, in view of the amended provisions of Maharashtra Act No. III of 1974 whe...
Jaipur Metals and Electricals Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-05-1984
Reported in: (1984)8ITD579(Mum.)
1. This is an appeal filed by the assessee against the order of the Commissioner (Appeals).2. The assessee is a limited company. In the course of proceedings for the assessment year 1965-66, the assessee claimed for the first time that its ACSR Division was a newly established industrial undertaking and on the capital employed in this newly established industrial undertaking, the assessee-company was entitled to the deduction as laid down under Section 84 of the Income-tax Act, 1961 ('the Act'), as it then stood. This claim of the assessee was accepted by the ITO while making the assessment for 1965-66. We were given to understand at the time of hearing of the appeal that for the subsequent assessment years also, the assessee was allowed deduction on the capital employed on this newly established industrial undertaking and for the assessment years 1967-68 and 1969-70, since the profits were not enough for allowance of this deduction, a deficiency was worked out which amounted to Rs. 1...
Dhootapapeshwar Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-05-1984
Reported in: (1984)8ITD868(Mum.)
1. The only issue in this appeal is whether certain building put up by the assessee has to be treated as a plant for the purpose of investment allowance under Section 32A of the Income-tax Act, 1961 ('the Act').2. The assessee is a public limited company. They are engaged in the manufacture of ayurvedic tonics and preparations. During the accounting year concerned, the assessee-company had put up a unit at Bangalore.This consisted of a structure with ground floor and three floors above plus a water tank, sump tank, and pump house. This unit has been designed to produce mainly Asawarishtas. It is designed with a view to have mechanisation and modernisation of operations. The process involves extraction of herbs in aqueous medium dissolution. The entire process is done at five different levels, starting at the fifth level or the top level. The description of the process at the various levels is given below: Fifth Level: Water forms the vehicle for the Asawarishtas. This water is treated...
Deepak Thanwardas Balwani Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Mar-03-1984
Reported in: 1984(1)BomCR441
1. The present petitioner, Deepak Thanwardas Balwani, was prosecuted by respondent No. 2, Navabai Chhangomal Vasandani, in the Court of the learned Metropolitan Magistrate, 7th Court, Dadar, Bombay. The allegations made against him were with regard to offences punishable under sections 341, 397 and 506 (Part II) r/w S. 34 of the Penal Code. The learned Magistrate issued process and the complaint was registered as Case No. 91/S of 1982. The petitioner challenged the said order of issue of process against him by filing criminal writ petition No. 367 of 1983 in this Court and prayed for quashing the said proceedings. The said writ petition was on weekly board beginning from 30th January 1984. It came up for hearing on 2nd February 1984. On that day it was mentioned by Mr. N. D. Jaywant, learned junior of Mr. M. K. Joshi, and applied for date. It appears that initially 6th February 1984 was suggested as the next date but that date was not convenient to the learned counsel appearing on beha...
Kores (India) Limited Vs. Khoday Eshwarsa and Son, and anr.
Court: Mumbai
Decided on: Mar-03-1984
Reported in: 1985(1)BomCR423
M.L. Pendse, J.1. This is an appeal preferred under sub section (2) of section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the 'Act') to challenge the legality of the order dated January 1, 1977 passed by the Assistant Registrar of Trade Marks refusing registration of mark of the petitioners by upholding the objections raised on behalf of the respondents. The fact giving rise to the filing of this appeal are as follows.2. On October 13, 1969, the petitioners-M/s. Kores (India) Limited preferred an application being Application No. 259975 in respect of Carbon papers, typewriting ribbons, stencils for duplicating machine, duplicating ink, ink tablets, drawing ink, stamp pad fluid, stamp pads glue (office), etc. in Class 16 for a trade mark consisting of device of a typist girl at the typewriter. An objection was raised to the registration of the mark under section 9 of the Act as an identical device of a typist girl and word 'khoday' was registered under ...
Ramrao Dayanu Pawar and ors. Vs. Shankar Bhau Alrekar and anr.
Court: Mumbai
Decided on: Mar-03-1984
Reported in: 1985(2)BomCR46
B.C. Gadgil, J.1. These two proceedings arise out of a dispute between the landlord and the tenant. The dispute pertains to the question as to whether the orders passed by the tenancy authorities under the Bombay Tenancy and Agricultural Lands Act, 1948, directing that the tenant should hand over possession of Serial No. 708/2 situate at Kadamwadi are void and without jurisdiction of the tenancy authorities. In order to understand the controversy, it would be necessary to refer to certain facts over which there cannot be any dispute at this stage. Instead of referring to the parties as the petitioners and the respondents, it would be more convenient to refer to then by names.2. Ramrao Pawar (who died pending the tenancy litigation and whose legal representatives are the petitioners in both these petitions) was a tenant of Serial No. 709/2. This land is within Municipal limits. Shankar Alrekar (who is respondent No. 1 in these matters) is the landlord. The land was let out to Ramrao Paw...
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