Mumbai Court January 1986 Judgments
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Janata Janardan Shikshan Sanstha and anr. Vs. Vasant P. Satpute (Dr.)
Court: Mumbai
Decided on: Jan-07-1986
Reported in: 1986(2)BomCR131; 1986MhLJ260
M.H. Kania, Actg. C.J.1.This is an appeal against the judgment and order of the learned 8th Additional District Judge, Pune, in Civil Appeal No. 578 of 1984.2. The appellants before me are the defendants, who succeeded in the trial Court but failed in the District Court and the respondent is the original plaintiff, who failed in the trial Court but succeeded in the District Court.3. The plaintiff, Dr. V.S. Satpute, was working as the Head Master in a School run by defendant No. 1, a society registered under the Societies Registration Act and defendant No. 2 was the Honorary Secretary of the said society. Very briefly stated, there were allegations against the plaintiff that the misappropriated large amounts belonging to the society and there was a demand that he should make good the losses caused by him and submit his resignation. On 24th October, 1982 there was a meeting of the society at which two letters of resignation and a cheque were given by the plaintiff. According to the defen...
K.G. Vyas Vs. Seventh Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-06-1986
Reported in: (1986)16ITD195(Mum.)
1.This appeal arises out of the income-tax assessment of Shri K.G. Vyas (the appellant). The assessment year is 1979-80, for which the previous year was the Samvat year 2034. The assessee is assessed in the status of an individual. During this year, the assessee sold his residential flat in a building known as 'Giriraj' on Altamount Road for Rs. 2,37,000. He had acquired this flat some 10 years earlier for Rs. 44,250. Out of the sale proceeds of this flat, the assessee acquired the following four flats in a building known as 'Dattani Apartments', Kandivli. The particulars of the four flats purchased by the assessee are the following:18-1-1979 25 2nd Appellant and his son Shri Dhairyawan16-2-1979 35 3rd Appellant and his son Shri Ambrish8-3-1979 15 1st Appellant and his son Shri Suryakant The total amount invested in the purchase of these four flats was Rs. 1,77,750. In computing the capital gains arising from the sale of his residential flat on Altamount Road, the appellant claimed de...
State of Maharashtra Vs. Ravindranath Arjunsingh and ors.
Court: Mumbai
Decided on: Jan-06-1986
Reported in: 1986(2)BomCR464
V.S. Kotwal, J.1. A young girl of 19 years had abandoned her parental home on the ground that her father was harassing her as he was addicted to drink. She was formerly working as a maid-servant with a person residing in Bandra locality of this metropolis. She had to leave that job also and thus remained unemployed for quite some time. After leaving her father's house she went to stay with one Kalabai (P.W. 2) with whom she was acquainted through her daughter Rita. On humanitarian ground Kalabai offered her shelter. Kalabai was a fruit vendor and was residing in Kurla area in a small hut. The schedule of the girl appears to be that she used to leave the hut some time in the morning in search of some job and being frustrated she used to return every night and used to try her luck on the next day. This went on for nearly 15 days.2. The alleged incident accrued on November 19, 1980 at about 9 or 10 p.m. In the vicinity which is not far away from the house of Kalabai. According to the girl...
Jagannath Bhau Deokate Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-06-1986
Reported in: 1986(2)BomCR422
M.S. Jamdar, J.1. This appeal preferred by the accused-appellant against his conviction for offence under sections 376 and 451 IPC must be allowed for the obvious reason that the learned Additional Sessions Judge has accepted to a story which is glaringly improbable.2. The appellant is convicted for entering the shed in which the prosecutrix Alka and her husband Pandurang were sleeping and for committing rape on the lady. The incident is described by Alka and her evidence is sought to be corroborated by the First Information Report lodged by her with Baramati Police Station on the next morning and also by the evidence of Alka's husband Pandurang. The learned Additional Sessions Judge has accepted Alkas's evidence as trustworthy on the ground that her evidence has sufficient independent corroboration.3. How absurd the prosecution story is can be better demonstrated by quoting what the lady has said about the incident. Alka has stated in her evidence as follows :---'..........The inciden...
Ninth Wealth-tax Officer Vs. Executive of the Estate of Dr.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-03-1986
Reported in: (1986)16ITD493(Mum.)
1. These three appeals by the department relate to the assessment years 1973-74 to 1975-76. Dr. Sarosh S. Gandhi died on 4-12-1963 and the probate of his will was obtained by his executors on 24-6-1968. The deceased left considerable property. His executors filed returns for the estate after his death and the executors were assessed in respect of the property comprised in the estate. The executors of the estate had filed returns for the assessment years 1973-74 to 1975-76 in which all the properties which had not been handed over to the legatees were shown as properties vesting in the executors on the relevant valuation dates. The assessment for all the three assessment years was completed on 17-3-1979. By letter dated 8-3-1979 the executors of the estate brought to the notice of the WTO the fact that under Clause 3 of the will of the deceased the residuary estate after meeting the debts was to be merged with the corpus of the trust which had been created by the deceased in his lifeti...
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