Mumbai Court April 1986 Judgments
Halima Shaik Yacub (Smt.) and ors. Vs. Srinivassa N. Pai and ors.
Court: Mumbai
Decided on: Apr-17-1986
Reported in: 1987(1)BomCR320
G.F. Couto, J.1. Petitioners challenge by way of this writ petition, the orders dated 24th April, 1985, passed by the Rent Controller and the order dated 24th January, 1986, dismissing the application for condonation of delay, passed by the Administrative Tribunal.2. The petitioner's case is that the first respondent has filed an application under section 22(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 against the late husband of the first petitioner and father of the petitioners Nos. 2 and 3, on the grounds that the rent was initially paid at the rate of Rs. 6/-, but later on was increased to Rs. 10/- and was not paid by the tenant. During the pendency of the proceedings the original respondent in the proceedings expired on 3rd June, 1982 and therefore, the first respondent moved an application to bring on record the petitioners and in the same application, it has been prayed that leave be granted to sue the petitioners Nos. 2 and 3 through the f...
Tag this Judgment!Anna Appa Sutar Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-17-1986
Reported in: 1986(3)BomCR189; 1986MhLJ851
1. This appeal has been directed against the order of conviction of the appellant (original accused) under section. 302 of the Indian Penal Code dated May 19, 1981 passed by the Sessions Judge, Solapur.2. This appeal lies in a very narrow compass and a brief narration of a few relevant facts would be sufficient to appreciate the point which arises for our consideration in the appeal.The deceased Gojira was the third wife of the appellant-accused (hereinafter referred to as the accused). They were staying in a room at Tamboli Wadi, Akluj. The difference between the age of the accused and the deceased was about 20 years. The accused did not disclose about his two previous marriages to the deceased or to her relations. Only after the marriage of deceased and the accused, the deceased and her relations came to know about his two wives and the issues from them. The deceased was all the time blaming her parents and the accused for the non-disclosure of his previous marriages. She used to abu...
Tag this Judgment!Premier Synthetic Processors Ltd. and ors. Vs. Roshan F. Chinoy (Dr.) ...
Court: Mumbai
Decided on: Apr-16-1986
Reported in: 1986(3)BomCR663; 1986MhLJ49
S.N. Khatri, J.1. This is a writ petition under Article 227 of the Constitution of India by the original defendants-tenants.2. The 1st respondent is the daughter of the 2nd respondent. The former, hereafter referred to as the plaintiff, has been working as an Assistant Pathologist in Tata Memorial Centre, Bombay, since August 1975. She and her mother (2nd respondent) brought a suit in the Small Causes Court, Bombay, in June 1977 for eviction of the petitioners on two grounds under sections 13(1)(g) and 13-A2 of the Bombay Rent Act (hereafter 'the Act'). The premises involved are a flat on the 1st floor of 'Amalfi', Napean Road, Bombay. The 1st petitioners are a public limited company (hereinafter for short, 'the company'). The 2nd respondent is their Managing Director. Admittedly under an Agreement of Leave and License dated 22nd April, 1971, the suit flat along with a garage was granted by the plaintiff and her mother to the Company for a period of three years from 16th March, 1971 to...
Tag this Judgment!inspecting Assistant Vs. Lubrizol India Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-15-1986
Reported in: (1986)18ITD330(Mum.)
1. This is an appeal filed by the revenue against the order of the Commissioner (Appeals).2. The assessee is a limited company. It paid advance tax by cheques drawn on the local banks at the counter opened in the Aayakar Bhavan for this purpose. The dates on which the cheques were tendered at the counter, the dates of the encashment of the cheques and the amount in respect of the three instalments were as follows : The IAC while completing the assessment did not allow interest on the excess advance tax paid. The assessee-company, therefore, moved an application for rectification of the assessment requesting the IAC to allow interest on the excess advance tax paid. The IAC, however, by order under Section 154 of the Income-tax Act, 1961 ('the Act') held that since the advance tax instalments were paid on dates subsequent to the due dates for payment of advance tax instalments, the interest under Section 214 of the Act is not payable on the excess advance tax paid. He, therefore, reject...
Tag this Judgment!Nowroji Jehangir Gamadia and ors. Vs. Deputy Collector, Inami and Spec ...
Court: Mumbai
Decided on: Apr-15-1986
Reported in: AIR1986Bom373; 1987(3)BomCR119; 1986MhLJ582
Shah, J.1. In all these matters a common question of law as to the correct interpretation of sub-section (2) of section 4 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969 (hereinafter referred to as 'the said Act') arises for consideration. Before turning to the controversy raised in these matters the facts which in so far as they are material and are not disputed need to be stated.2. In Appeal No. 24 of 1980 appellants (original petitioners in Misc. petition No. 1566 0f 1975) are the Trustees of the Behramji nowroji gamadiaParsi Hunnar Shala Trust which is a public trust constituted by a Trust Deed dated 26th September, 1933, made by Bai Navajibai Nowroji Gamadia. The trust is duly registered under the Bombay Public Trust Act, 1960. The objects of the trusts include (a) the foundation, maintained and support of a Technological school or schools and institutes, Hunnar Shala, workshops and industrial and vocational chasses ...
Tag this Judgment!NitIn Industrial Associates Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-15-1986
Reported in: AIR1986Bom298; 1986(3)BomCR174; 1986MhLJ474
N.K. Parekh, J.1. The facts that give rise to this petition are that the Director of Health Services issued a notice dt. 21st July, 1983 inviting tenders in respect of used X-ray plates and 'wasteful hypo solution' to be sold to Small Scale Units (these being items from which silver is extracted). Six parties submitted tenders in respect thereof. However, the Government thereafter passed a Resolution dt. 3rd Aug. 1984 purporting to distribute these two items amongst three parties, namely, the petitioners (herein) and respondents 3 and 4, and also indicating the areas in which each of these parties would operate. The said resolution also stipulated that the used X-ray films would be sold at Rs. 40.50 per kilogram whilst 'wasteful hypo solution' would be sold at Rs. 11.00 per litre. Being aggrieved by the said Resolution, the petitioners have filed this petition for quashing the said resolution and consequential reliefs. The petitioners have contended : (a) that the tenders have not been...
Tag this Judgment!Rajen (Textile) Mills Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-11-1986
Reported in: (1987)(12)LC550Tri(Mum.)bai
1. M/s Rajen (Textile) Mills Pvt. ltd., have filed an appeal dated 17.9.1982 under old Section 35 of the Central Excises and Salt Act 1944 against the order F.No.V(18)15-118/Adj/79 173 dated 4th July 1982 of the Collector of Central Excise and Customs, Pune, levying duty amounting to Rs.29,889.80 Ps. on 7,939 kgs. of cotton yarn found short in stock as indicated by the RT. 12 return for January 1977 and the next RT.12 return for the month of April 1979. The mills stopped working in January 1979 on account of financial difficulties and the mills were entrusted to the. care of the Court Receiver. The present Appellants, M/s Rajen (Textile) Mills Pvt. Ltd. purchased the mills from the Court Receiver in February 1979 and started the operation of the mill thereafter. They, therefore, filed the first RT. 12 return under their ownership and management for the mills for the month of April 1979. Thereafter, the Central Excise authorities issued a show cause nsotice dated 22.3.1980 to M/s Rajen...
Tag this Judgment!income-tax Officer Vs. E.F. Ferguson and Co.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-09-1986
Reported in: (1986)19ITD620(Mum.)
1. This is a departmental appeal wherein the following two main grounds of appeal have been urged : 1. On the facts and in the circumstances of the case and in law, the Commissioner (Appeals) erred in holding that the expenditure of Rs. 25,090 incurred by Mrs. Khanna, wife of the senior partner of the assessee-firm on foreign travel constitutes an admissible deduction in the computation of the assessee's total income. 2. On the facts and in the circumstances of the case and in law, the Commissioner (Appeals) erred in directing the ITO to allow the assessee's claim for weighted deduction under Section 35B on the expenditure of Rs. 25,090 incurred by Mrs. Khanna, wife of the senior partner of the assessee-firm on foreign travel.2. The respondent in this case is a reputed firm of chartered accountants having offices at Bombay, Calcutta, Madras and New Delhi.The firm also represents in India an internationally renowned accounting firm, viz., Peat Marwick Mitchell & Co. The aforesaid i...
Tag this Judgment!Philips Workers Union, Thane Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Apr-09-1986
Reported in: (1987)IILLJ91Bom; 1986MhLJ332
1. The petitioner is a trade union. A majority of the workers of the 2nd respondent are members of the petitioner.2. On 16th May, 1984 the petitioner wrote to the 2nd respondent demanding that the workers named in the annexure to the letter, who had been employed through contractors, should be taken on the Muster-Roll of the 2nd respondent and should be given all the benefits available to its permanent employees. Of the 66 workers named in the annexure, a group of more than 20 workers was shown to be employed for maintaining gardens and other groups of less than 20 workers were shown to be employed for other purposes.3. On 17th December, 1984 the petitioner's demand was admitted in conciliation, except in relation to the 20 workers employed through contractors to maintain gardens to whom the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, applied. This was made clear in the failure report submitted on 17th April, 1985. On 5th September, 1985 the 1st respondent d...
Tag this Judgment!Association of Engineering Workers Vs. Multiweld Wire Co. Pvt. Ltd. an ...
Court: Mumbai
Decided on: Apr-08-1986
Reported in: [1987(54)FLR239]; (1995)IIILLJ644Bom
S.P. Bharucha, J.1. The 1st respondent is a private limited company which has a factory at Marol, Andheri, Bombay, and another at Khopoli. All the workmen in the factory at Marol are members of the petitioner trade union.2. On 31st March 1984 the 1st respondent made an application under Section 25-0, as amended in Maharashtra, of the Industrial Disputes Act, 1947 (now called 'the said Act') for permission to close down its Marol factory. The petitioner objected. There was a hearing before the 3rd respondent, who was the deciding authority. By an order dated 27th May 1984 the 3rd respondent declined permission. There is some controversy as to the date upon which this order was communicated to the 1st respondent but it is not relevant for the purposes of this petition. Though it was the case of the 1st respondent that the 3rd respondent's order was communicated to it after the expiry of the period of 60 days from the date of receipt of its application by the State Government, it filed an...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »