Mumbai Court July 1984 Judgments
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Tata Oil Mills Company Limited Vs. Union of India
Court: Mumbai
Decided on: Jul-13-1984
Reported in: 1990(47)ELT515(Bom)
1. Petitioner No. 1 Tata Oil Mills is a public limited company carrying on business as manufacturers and exporters inter alia of perfumed hair-oils and shampoo. Petitioner No. 2 Tata Exports is another public limited company carrying on business as exporters of goods. At all material times petitioner No. 2 acted as an agent of petitioner No. 1 for export inter alia of perfumed hair-oils and shampoo. The petitioners are registered exporters.2. For the year 1978-79 the Government of India announced a scheme known as the 'Cash Compensatory Support Scheme' (hereinafter the earlier Scheme) on exports of certain eligible products. Two of such eligible products were 'Hair Oils perfumed' and 'Shampoo' included under the general heading 'Toiletries and Perfumeries'. The 1st petitioner had during the period 1st April 1978 to 31st March 1979 exported perfumed hair-oils and shampoo and thus became entitled to and received cash compensatory support in terms of the earlier Scheme.3. For the year 197...
Seshrao Nagorao Umap Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-11-1984
Reported in: 1985(1)BomCR30; (1985)IILLJ73Bom; 1984MhLJ627
Dharmadhikari, J.1. The petitioner Dr. Sheshrao Nagerao Umap was a medical officer in the Municipal Dispensary, Bhusawal, District Jalgaon. He was posted in the said post vide order dated 19th June, 1981. Accordingly, he took charge of the post of medical officer at Bhusawal on 1st of July, 1981 and since then has been working in the said post. However, he came to be abruptly transferred as medical officer, Cottage, Hospital, Parola, District Jalgaon vide order dated 30th April, 1983. It appears that this order was issued to accommodate respondent No. 4 Dr. R. P. Patil who was transferred to Dhule and had never assumed charge of the said office at any time but proceeded on leave for last about one and half year. It then appears from record that the Administrator of the Municipal Council, Bhusawal made a representation to the Government that the petitioner should not be transferred to Parola since he has done exemplary work during his tenure. It was also pointed out that the respondent ...
Shaikh Babu Shaikh Sardar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-11-1984
Reported in: 1984(2)BomCR681
V.A. Mohta, J.1. By this writ petition under Article 226 of the Constitution of India, the order of externment under section 57 of the Bombay Police Act, 1951 is challenged by externee Shaikh Babu Shaikh Sardar.2. Mr. Kankaria, the learned Counsel appearing for the petitioner-externee, has invited our attention to the show cause notice as well as the order. A bare perusal demonstrates that there is greater variance between the grounds mentioned in the show cause notice and the order of externment. In fact, this ground itself is sufficient to vitiate the order of externment. Added to this is the circumstance that offences right from the year 1960 have been considered in the year 1982. Many of the cases are under the Criminal Procedure Code, outside the scope of section 57 of the Bombay Police Act, 1951. The order of externment, thus, is vitiated also because of consideration of stale irrelevant matters.3. To conclude, the petition is allowed. The impugned order is quashed and set aside ...
Tanaji Dhondlba Awale Vs. State of Maharashtra (Through Collector of S ...
Court: Mumbai
Decided on: Jul-11-1984
Reported in: 1984(2)BomCR695
Sharad Manohar, J.1. This is the plaintiff's appeal against the decree passed by the lower Appellate Court allowing the defendant's appeal and dismissing the plaintiff's suit with no order as to costs.2. While his first wife was living, the plaintiff is alleged to have entered into a repeat wedlock with a woman, whose husband was very much alive. The plaintiff was a member of the armed constabulary of the Police Force. When this position of the plaintiff's alleged second marriage came to the knowledge of the higher authorities of the Department, they issued him a show-cause notice, held inquiries and in view of the fact that the plaintiff had entered into some kind of sexual relationship with another married woman held that he had contracted a second marriage with her and holding that this amounted to contravention of section 414(2) of the Bombay Police Manual, calling for highest punishment, passed an order removing him from the service. The validity of this order was called in questi...
Prabhu Premlata Gurpur Vs. Prabhu Subraya Gurpur
Court: Mumbai
Decided on: Jul-11-1984
Reported in: 1984(2)BomCR686
Sharad Manohar, J.1. But for the two questions of law, though somewhat technical, raised by Mr. Suresh the learned Counsel for the respondent in this appeal, I was inclined to allow the appeal and to set aside the ex parte decree obtained by the respondent-husband against the appellant-wife in the circumstances which will be presently mentioned. But the two questions raised by Mr. Suresh are of grave importance though they relate to procedural law. Hence I am inclined to refer the said two questions for the consideration of the Division Bench.The questions arise in the context of the following facts:2. The appellant before me was the respondent in the matrimonial petition filed by her husband (present respondent ) in the City Civil Court. For the sake of convenience the parties will be referred to with their position in the trial Court meaning thereby that the husband will be referred to as the petitioner, husband and to as the respondent-wife. The petitioner husband the respondent-wif...
Hope Textiles Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-10-1984
Reported in: (1985)11ITD60(Mum.)
1. In this appeal by the assessee, the main point we have been called upon to decide is whether in an assessment completed by the ITO, as per direction of the Commissioner under Section 263 of the Income-tax Act, 1961 ('the Act'), the assessee can claim any further deduction, not claimed by them in the original assessment proceedings.2. The assessee is a limited company having a business in textile mills. The original assessment was completed on 31-3-1975. The Commissioner set aside the original assessment by an order passed under Section 263 on 4-1-1977. It is not necessary for us to go into the question about the validity of this order. Suffice it to say that the order under Section 263 was not challenged on appeal.3. In the reassessment proceedings consequent to Section 263 order, the assessee claimed certain further deductions which had not been claimed by them in the original proceedings. On appeal, the Commissioner (Appeals) held that the ITO, having completed an assessment on r...
Suhasini Baban Kate Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-09-1984
Reported in: 1985(1)BomCR409
ORDER1. The alleged incident in which the petitioner herein made certain utterances directed against the Sub-Inspector of Police has landed her in difficulty giving rise to this proceeding. It occurred on April 3, 1981 some time in the evening. The petitioner resides in Mohite Colony in Kadamwadi in Karvir taluka of Kolhapur district. The complainant Sub-Inspector Shinde who was in charge of the Cell dealing with the offences under the Protection of Civil Rights Act also resided in the said Colony at the relevant time as he was in charge of that village. Apparently, a minor quarrel ensued on account of the petitioner's going on the public road for throwing the rubbish to which the complainant Sub-Inspector objected. The petitioner paid no heed and it is at that point of time she is claimed to have abused the Sub-Inspector communicating to him that he is cobbler by caste and he should leave the locality immediately as all the residents belong to Maratha community. The complainant lodged...
Arvind Narhar Wagh Vs. Chintaman G. Khire and ors.
Court: Mumbai
Decided on: Jul-09-1984
Reported in: AIR1986Bom211; 1984(2)BomCR582; 1985MhLJ11
ORDER1. This writ petition under Art. 227 of the Constitution has been filed by the original defendant s, who claims to be the sub-tenant of the suit premises, against the judgment and decree passed by the III Extra Assistant Judge, Pune, dt, 9th Nov. 1981. The controversy involved in this Writ Petition lies in a very narrow compass. Ganesh Appaji Khire, the deceased father of the plaintiff, was in possession of the suit premises on a long lease of 99 years since 1945 under as registered rent note from Nilkanth Balwant Natu and his son Balwant Nilkanth Natu. After the death of Ganesh Khire, the plaintiff inherited the tenancy right qua the suit property. Shed 'A' was erected by the deceased father of the plaintiff. the father of the plaintiff had let out the open plot and shed 'A' to defendant 1 Chintaman Narayan Khole sometime in the year 1950 for carrying on the business of selling charcoal and firewoold. Initially the contractual rent was Rs. 55/- per month. This rent was subsequent...
Kersons Mfg. Co. of India Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-07-1984
Reported in: (1984)10ITD689(Mum.)
1. appellant is a company carrying on the business of manufacture of electrical instruments, more particularly, starters, switch gears, etc.This appeal relates to its assessment for the assessment year 1976-77 for the previous year ended 31-3-1976. The appellant had written off a sum of Rs. 1,58,940 in its profit and loss account for this year as the value of fixed assets, which were found missing on actual physical verification done by the appellant. It was stated before the ITO that the said loss was on account of missing assets arose in the regime of the previous management and that all these adjustments had been done to arrive at a realistic view of the company's operations and financial position. The ITO referred to para 5(iv) of the auditors' report of the company, wherein they had stated that they were unable to state whether the accounts gave a true and fair view due to these adjustments. The ITO, therefore, held that this amount was in the nature of capital loss and, accordin...
Madhukar Bhagwan Jambhale Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-05-1984
Reported in: 1984(2)BomCR709
Shah, J.1. Petitioner Madhukar Bhagwan Jambhale, who was undergoing sentence and lodged in Dhule District Jail, made a complaint about torture and ill-treatment by the prison authorities by a letter to this Court. Overlooking all formalities the letter was treated as an application under Article 226 of the Constitution and Rule was issued. Miss. Indira Jaising was appointed Advocate for him and on her appointment a regular formal petition under Article 226 of the Constitution came to be filed on September 26, 1983. In this petition, apart from the complaint against torture and ill-treatment, various Rules and practices of the prison are challenged as violative of Articles 14, 19(1)(a) and 21 of the Constitution. Thus what was initially a complaint about the treatment meted out to an individual, the applicant before us, has assumed the character of class action on behalf of the convicts who are undergoing sentence in the prisons in this State.2. In the month of July/August 1983 the peti...
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