Mumbai Court September 1986 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Star Trading Co. (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-19-1986
Reported in: (1987)20ITD114(Mum.)
1. This is an appeal by the assessee, the Star Trading Co. (P.) Ltd. Although several grounds have been raised in this appeal, at the time of hearing Shri S.P. Mehta, the learned counsel for the assessee, pressed only one ground which in the words of the assessee reads as under : Without prejudice to above it is submitted that even if the entire sum is not the subject-matter in the Income-tax Act, a sum of Rs. 1,50,000 is merely a capital receipt not involving any gain or any income.2. The assessee was a sub-lessee of a property comprising of four flats which had been leased out to Sueseen Textile Bearings Ltd. By an indenture of lease dated 29-4-1970, Raja Dhanraj Girji Narsingirji leased the four flats constructed by him on the plot taken from the Bombay Port Trust for a lease of 99 years to Star Textile Engg. Works subsequently known as Sueseen Textile Bearings Ltd. From 15-11-1973 Sueseen Textile Bearings Ltd., agreed to assign and transfer to the appellant-firm (the Star Trading ...
Pratibha Sambaji Kubal Vs. Ravindra Hindustan Platinum Pvt. Ltd. and o ...
Court: Mumbai
Decided on: Sep-19-1986
Reported in: [1987(54)FLR328]; (1994)IIILLJ279Bom
Pendse, J.1. These two petitions impugn the judgment and order passed by the 2nd respondent, a Member of the Industrial Court, on 17th July 1982.2. The petitioners in the petitions were appointed by the 1st respondents in 1977. On 26th July 1979 the 1st respondents sought to retrench the services or the petitioner with effect from that very day. By another letter, dated 31st July 1979 the 1st respondents informed the petitioners that they were retrenched from the close of working hours on 31st July 1979. The letters stated that retrenchment compensation and one month's notice pay had been offered to the petitioners and that they should collect their legal dues from the 1st respondents after the receipt of the letters.3. On 13th September, 1979 the services of ail workmen of the 1st respondents were terminated on the basis of the closure of its establishment. On 23rd October, 1979 the 1st respondents' establishment was restarted. Some of the original employees were taken back, but re-em...
Pressure Cookers and Appliances Ltd. Vs. P.A. Geetha
Court: Mumbai
Decided on: Sep-19-1986
Reported in: 1987(1)BomCR399
S.C. Pratap, J.1. This is defendants' revision application challenging concurrent orders of the two courts below setting aside dismissal of the plaintiff's suit for default and restoring the same, holding that the plaintiff had made out sufficient cause in that behalf.2. The litigation has had a chequered career, in the process keeping unresolved till now the otherwise deserving claim of the plaintiff for possession of the suit premises on the ground of reasonable and bona fide requirement thereof for personal use and occupation. The redeeming feature, however, is that the dispute is being brought to an end by an amicable understanding and commendable co-operative spirit between the parties along with the assistance of their respective Counsel. I will, however, revert thereto in due course.3. Suit, being R.A.E. Suit No. 391/3077 of 1978, was filed in the year 1978 for possession on the ground of reasonable and bona fide requirement of the suit premises for personal use and occupation. ...
State of Maharashtra Vs. Bahiru Malhari Sadgir
Court: Mumbai
Decided on: Sep-19-1986
Reported in: 1987(2)BomCR147
V.S. Kotwal, J.1. On September 6, 1977 sometime in the morning the complainant Food Inspector went near Shivaji Chowk at Sinnar in Nasik District presumably for effecting raid in connection with sale of adulterated milk. He had taken two panch-witnesses as also his assistant. They were at short distance when they noticed one person sitting in the chowk under a tree with four cans and he was engaged in selling the milk from those cans to some of the customers, who were by his side. The complainant rushed towards him and disclosed his identity when he was told that buffalo milk was being sold from those cans. He then purchased 660 ml. litre of milk from the two cans out of the said four cans, on payment of an amount of Rs. 1.32 as the price. A cash memo was issued by the accused. The other formalities then came to be observed including dividing the said quantity in three equal parts, which were filled in six separate bottles which in turn came to be sealed putting lakh seal as well as pa...
Ram Narayan Patil Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-18-1986
Reported in: 1987(1)BomCR471
P.B. Sawant, J.1. The impugned order of externment was passed on 3rd March, 1986 under section 56(1)(a) and (b) of the Bombay Police Act, 1951, (hereinafter referred to as 'the Act'). Under the said order the petitioner was externed for two years from the Districts of Thane, Raigad and Greater Bombay. In appeal the State Government by its order dated 22nd May, 1986 modified the impugned order by restricting the externment to the Districts of Thane and Raigad. Being aggrieved by the appellate order, the petitioner has preferred this writ petition.2. The grievance made before us is that in the first instance the two criminal cases which were filed against the petitioner arose out of the Civil disputes between the villagers and amongst the brothers inter se. The charge-sheets filed in the said criminal cases named the witnesses and also gave their addresses. The cases are still pending in the Criminal Courts. The Externing Authority has not shown as to how the witnesses were not willing t...
The Manager, the Government Milk Supply Scheme and ors. Vs. Prashant C ...
Court: Mumbai
Decided on: Sep-18-1986
Reported in: I(1987)ACC333
Dharmadhikari, J.1. We have heard this appeal with the Record and Proceedings. This is filed by the Original Defendants against the award passed by the Member of the Motor Accident Claims Tribunal, Kolhapur dated 30th of July 1985.2. It is contended by Shri Page, learned Assistant Government Pleader that the claim made by the two sons of the deceased was hopelessly barred by limitation. Admittedly the deceased Chandrakant Gandhi died on 7th of May 1967 as a result of an accident which took place on 6th of May 1967. The claim application was filed sometime in the year 1981. Therefore it was hopelessly barred by limitation. It is not possible for us to accept this contention for more than one reason. The question as to the limitation was decided in Misc. Application No. 1 of 1982 which was filed by the claimants for condonation of delay. The delay cams to be condoned and the claim was admitted. Against the said decision Civil Revision Application was filed before this Court which was als...
The Municipal Corporation of the City of Pune and ors. Vs. Padmini Gop ...
Court: Mumbai
Decided on: Sep-16-1986
Reported in: I(1987)ACC42
R.A. Jahagirdar, J.1. This is an appeal preferred by the Municipal Corporation of Pune against the award made by the Motor Accidents Claims Tribunal in Claim Application No. 187 of 1980. The respondent was the claimant and had claimed compensation of Rs. 50,000 on the ground of the negligence of the employees of the Pune Municipal Transport. This was on the ground that while she was getting down from the bus, the conductor of the bus started the bus without waiting for her to get down. As a result of this she fell down from the bus and was caught behind the rear wheel of the bus sustaining ghastly injuries. She had to undergo five operations and was hospitalised for nearly four months.2. The defence of the Municipal Corporation was that the respondent herself was negligent inasmuch as she was trying to get down from the bus without waiting for the bus to come to a halt.3. The learned Member of the Tribunal has appreciated the evidence which was led on behalf of both the parties and has...
The Rahuri Sahakari Sakhar Karkhana Ltd. and anr. Vs. State of Maharas ...
Court: Mumbai
Decided on: Sep-14-1986
Reported in: AIR1987Bom248; (1987)1BOMLR168
Dharmadhikari, J.1. Since allthese Writ Petitions involve common questions of law and as facts they were heard together and arebeing disposed or by this common judgment.2.The petitioners in these Writ Petitions, who are either co-operative sugar factories or sugarcane growers, have chellenged the order issued by the State Government on 12th September, 1984 Known as theMaharashtra Sugar Factories (Reservation of Areas and regulation of Crusing and Sugarcane Supply) Order, 1984 (hereinafter referred to as 'the Order') It contended by the petitinoers that the impugned order is outside thescope of theEssential Commodities Act or the Sugar Control Order, 196 issued by theCentral Governement The said order is also violative of the petitioners fundamental rights guaranted under Arts. 14 and 19 of the constitution of India. The petitioners in Writ Petition No. 4897 of 1984 the Rahuri Sahakari Sakhar Karkhans Ltd. have also challenged Sch. 37 of the impugned order on the ground that it is not o...
Rekapally Laxminarayana Rao Naidu Vs. Union of India and Others
Court: Mumbai
Decided on: Sep-12-1986
Reported in: 1987(1)BomCR31; (1987)ILLJ360Bom; 1986MhLJ838
Qazi, J.1. The petitioner is a Central Government employee working as a Time Scale Clerk with the Divisional Engineer, Telegraphs, Nagpur. It is contended that on 15th March, 1967 the Post Master General, Maharashtra Circle, Bombay, issued a direction for the fixation of seniority of those clerks who were recruited before 27th January, 1959 but have passed confirmation test at fifth or sixth attempt. In view of these instructions, the petitioner was relegated to the bottom for that particular year of recruitment on the basis of the date of confirmation. It is contended that on 10th August, 1970 the Director General issued a circular for preparation of common gradation list of the then T.R.A. personnel and the personnel already working in the Engineering division on the basis of continuous service in either of the units. In pursuance of the said circular, the Divisional Engineer, Telegraphs, Nagpur, prepared and issued a common gradation list of seniority working in the cadre, scale and...
Archana Vs. the Government Medical College, Nagpur and ors.
Court: Mumbai
Decided on: Sep-12-1986
Reported in: 1987(3)BomCR39
V.A. Mohta, J.1. The petitioner Ku. Archana is a minor daughter of Sudhakar Mendulkar, a domicile in the State of Maharstra, serving as a flight Lieutenant in the Indian Air Force. The petitioner is a permanent resident of Wani, district Yavaatmal (M.S.) and we are informed that she was also born there. By the very nature of the service, the father of the petitioner has been posted form time TO TIME AT DIFFERNET PLACES ALL OVER India. He was posted at Bangalore for several years and the petitioner who lives with her parents passed her XII Standard Higher Secondary School Certificate by the Central Board of Secondary Education New Delhi From Kendriya vidyalaya, Bangalore. These examinations known as Indian School Certificate Examinations are equivalent to the 12th Standard Examination conducted by the Maharashtra State Board of Secondary and Higher Secondary Education. In the said examination, which is conducted on all India basis, she had secured in Science subjects 260 marks out of 30...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »