Mumbai Court September 1985 Judgments
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Shashidhar Korga Shetty Vs. D.S. Soman, Commissioner of Police, Greate ...
Court: Mumbai
Decided on: Sep-03-1985
Reported in: 1986(1)BomCR139
C.S. Dharmadhikari, J.1-In this writ petition the detenu has challenged the order of detention, dated 6th May, 1985, issued under the provisions of the National Security Act. The said order of detention is based on two incidents, one dated 9-11-1984 in which it is alleged that the detenu gave threats to one Shri Pawaskar for which a case under section 506(iii)-114 I.P.C. has been registered against him and is pending in the Court of law. The detenu was released on bail in the said case. The second incident alleged is dated 4-3-1985 in which it is alleged that the detenu along with three others was involved in a criminal assault with a chopper on one Ashok Nagare who died in the said incident and, therefore, an offence punishable under sections 302/143, 144, 147, 148, 149 I.P.C. is registered against him. The detenu was arrested on 16-4-1985. On the basis of these two incidents, it is alleged that the peace-loving citizens of the locality of Kumbharwada within the jurisdiction of V.P. R...
Smt. Asha Goel Vs. Life Insurance Corporation of India and Others
Court: Mumbai
Decided on: Sep-02-1985
Reported in: [1989]65CompCas710(Bom)
H.H. Kantharia, J.1. A very important question of public importance that arises in this writ petition is whether the extraordinary jurisdiction of the High Court under article 226 of the Constitution of India could be invoked for issuing a writ of mandamus against the Life Insurance Corporation of India directing it to make payment flowing from a life insurance policy. It arises thus :The petitioner, Smt. Asha Goel, is the window of the deceased, Naval Kishore Goel, who was am employee of the Digvijaya Woollen Mills Ltd., Jamnagar, as a Labour Office. He submitted a proposal for a life insurance policy at Meerut in Uttar Pradesh on May 29, 1979, which accepted and he was granted a policy bearing No. 48264637 for a sum of Rs. 1,00,000 (one lakh). According to the petitioner, her husband maintained sound health and was hale and hearty throughout his life. However, he had retrosternal chest pain sometime in December, 1979, when he consulted Dr. P. S. Kulkarni, Professor of Medicine, M. P....
Commissioner of Income-tax Vs. Hindustan Lever Limited
Court: Mumbai
Decided on: Sep-02-1985
Reported in: (1986)52CTR(Bom)176; [1986]160ITR700(Bom); [1986]24TAXMAN273(Bom)
Kania, J.1. This is a reference under section 256(1) Of the Income-tax Act, 1961, as applied to the Companies (Profits) Surtax Act, 1964, by section 18 of the latter Act. The reference has been made at the instance of the Commissioner who is the applicant before us. The assessee is Hindusthan Lever Limited. The relevant assessment years are the assessment years 1964-65 and 1965-66. The questions referred to us for determination are as follows :2. Assessment year 1964-65 :'Whether, on the facts and in the circumstances of the case, the following amounts were includible in the computation of capital of the assessee under rule 1 of the Second Schedule to the Companies (Profits) Surtax Act, 1964 : Rs.(i) Contingency reserve 12,50,000(ii) Reserve for doubtful debts 3,70,852(iii) Super profits tax reserve 16,93,354(iv) Retirement gratuity reserve 45,65,674 ?'3. Assessment year 1965-66 :'Whether, on the facts and in the circumstances of the case, the following amounts were includible in the c...
Asha Goel Vs. Life Insurance Corporation of India and ors.
Court: Mumbai
Decided on: Sep-02-1985
Reported in: AIR1986Bom412
1. A very important question of public importance that arises in this Writ Petition is whether extraordinary jurisdiction of High Court under Art. 226 of the Constitution could be invoked for issuing a Writ of Mandamus against the Life Insurance Corporation of India directing it to make payment flowing from a Life Insurance Policy. It arises thus:2. The Petitioner, Smt. Asha Goel, is the widow of deceased Naval Kishore Goel who was an employee of the Digvijaya Woollen Mills Ltd., Jamnagar, as a Labour Officer. He submitted a proposal for a life insurance policy at Meerut in Uttar Pradesh on May 29, 1979 which was accepted and he was granted such a policy bearing No. 48264637 for a sum of Rs. 1,00,000 (One Lakh). According to the petitioner her husband maintained sound health and was hale and hearty throughout his life. However, he had retro sterna chest pain sometime in Dec. 1979 when he consulted Dr. P.S. Kulkarni, Professor of Medicine, M.P. Shah Medical College, Jamnagar. He was adv...
Digambar Madhavsa Vs. Sk. YasmIn Sk. Iman and anr.
Court: Mumbai
Decided on: Sep-02-1985
Reported in: 1985(2)BomCR617
S.J. Despande, J.1. This writ petition was argued by the learned Advocate for the petitioner at the stage of admission. The only point which was taken by the learned Advocate was that in a suit involving the relief of injunction simpliciter, reference to tenancy Court is not necessary. Reliance for the said proposition is placed on Maruti Sambha Surve v. Parshuram Krishna Koratkar and another, 1983 Mh.L.J. 958. It was stated that in this case a reference was made to the Tenancy Court and it reached up to the Maharashtra Revenue Tribunal. In the present case also, the Maharashtra Revenue Tribunal has answered the reference under section 99-A of the Hyderabad Tenancy and Agricultural Lands Act, 1950. The authority aforesaid is cited in support of the contention that Civil Court should not refer the issue of tenancy to the Tenancy Court in a suit for injunction simpliciter. This judgment was delivered by Chandurkar, Actg. C.J., as he then was. This is a judgment of our High Court.2. I fin...
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