Mumbai Court October 1987 Judgments
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Satyawan Harnamdas Bhatia Vs. Santok Singh S/O Sardar Surjan Singh Jol ...
Court: Mumbai
Decided on: Oct-15-1987
Reported in: 1988(4)BomCR358
A.A. Desai, J.1. This revision raises a question whether appeal against an order passed in a Mesne Profit Case, is a continuation of original suit proceedings for eviction and possession.2. The non-applicants/plaintiffs in 1963 inducted applicant defendant as a tenant in breach of clauses 22 and 23 of the Rent Control Order. The plaintiffs filed a suit bearing No. 834 of 1966 for eviction, possession and future mesne profits. The applicant defendant resisted the claim amongst other on the ground that proceedings for eviction and possession are not tenable for want of requisite permission from Rent Controller. The learned trial Court rejected the plea and on 19-12-1968 decreed the suit. The decree for eviction, possession and enquiry into future mesne profits has been confirmed in 1970 by this Court in Second Appeal. The non-applicants by executing decree, on 22-12-1972 took possession of the suit premises.3. The decree-holders/N. As. thereafter on 29-11-1975 filed Mesne Profits Case No...
Ashok Maniklal Harkut Vs. the Collector of Amravati and anr.
Court: Mumbai
Decided on: Oct-14-1987
Reported in: AIR1988Bom207; 1988(2)BomCR399; (1987)89BOMLR637; 1988MhLJ378
Dharmadhikari, Acg. C.J.1. The Petitioner Ashok Maniklal Harkut was elected as President of the Municipal Council Chandur Bazar, District Amravati. On 12th of June 1987 a requisition incorporating a proposal to move a resolution to remove the President was served by 12 Councillors on the Collector of the District requesting him to convene a special meeting for the said purpose, within 10 days of the receipt of the requisition. On 17th of June 1987 the Collector gave intimation about the said resolution to the President. On the same day he issued a notice calling a meeting of the Municipal Council for the purpose of considering the m(sic)ion of no confidence on 30th of June 1987. The meeting was accordingly held on 30th of June 1987. This meeting was attended by 19 elected and 2 co-opted Councillors. Thirteen elected Councillors voted in favour of the resolution, whereas six voted againstit. Since the resolution was carried out by amajority of not less than two-thirds of the total numbe...
Govindrao Devabasappa Manthalkar by His Heirs Vs. Apparao Devabasappa ...
Court: Mumbai
Decided on: Oct-14-1987
Reported in: 1987(3)BomCR493; (1987)89BOMLR507
Ashok Agarwal, J.1. A short question that falls for consideration in this appeal is the nature and scope of the present appeal which is styled as a First Appeal filed under section 72(4) of the Bombay Public Trusts Act, 1950 (in short, 'the Act').2. A few facts giving rise to the present appeal may be enumerated : The property in dispute is the Ambabai temple also known as Jagadamba temple, situate in House No. 489, City Survey No. 4281, Shukrawar Peth, Sholapur. This temple was originally managed by one Nilabai who claimed to be its owner. She also owned shops around the temple. In the year 1861 she executed a sale-deed (Ex. 75) in respect of the property bearing House No. 489 except the temple which is the subject matter of dispute in the preset proceedings. In 1875 the said Nilabai executed an agreement (Ex. 76) in favour of Ramchander S/o Anandapa whereunder she appointed him as a Pujari giving him the hereditory right of worship. The appellants were the original opponents in the a...
M. Lallubhai and Company Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-13-1987
Reported in: (1989)(22)LC573Tri(Mum.)bai
1. This appeal arises out of and is directed against order No.S/10-141/82 B dated 21-1-1983 passed by the Additional Collector of Customs, Bombay.2. The facts necessary for the disposal of this appeal are practicably undisputed and lie in a small compass. REP Licence No. P/K/0462834 dated 21-12-1981 was originally issued to Western India Dyestuff Corporation. The licence was valid for the imports of goods specified in the list attached to the licence. At the instance of the Original licence an endorsement dated 11-1-1982 came to be made on the licence which permitted import of Camphor and Menthol all grades. On 14 Sep. 82 the original licensee transferred the said REP licence to the appellants for valuable consideration. This transfer was effected as per Paras 140 and 141 of the Import Policy for April/March 1982.3. On 23-9-1982 the appellants entered into a contract with the foreign supplier for the supply of Menthol Crystals of the value of Rs. 1,22,407/-. On 24-9-1982 the appellant...
Puthiya Veetil Raghavan Vs. M.K. Bhaskaran and ors.
Court: Mumbai
Decided on: Oct-13-1987
Reported in: (1993)IIILLJ700Bom
H.H. Kantharia, J.1. The petitioner joined the services of the first respondent as the Stores Delivery Clerk on 1st December, 1973. His services came to be terminated by a letter dated 31st December, 1981. The relevant portion of the letter of termination reads as under:'We regret to inform you that we are not interested in your services with us and have decided to terminate the services with effect from 31.12.1981. Your terminal dues may please be collected during office hours on any working day.' On 1st January, 1982, the Union raised a demand on behalf of the petitioner for his reinstatement with continuity of service and full back wages. Conciliation proceedings were taken up but as the matter could not be settled, a failure report was submitted by the Conciliation Officer under Section 12(4) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). Thereafter a reference was made to the industrial Tribunal, Bombay (second respondent) for adjudication of the said...
Kamla Mills Ltd. Vs. Union of India (Uoi), Shri B.K. Agarwal, Collecto ...
Court: Mumbai
Decided on: Oct-13-1987
Reported in: 1988(14)LC693(Bombay)
Pendse, J.1. This is an appeal preferred by the original petitioners against the judgment dated October 31, 1985 delivered by Justice Mrs. Manohar dismissing the petition filed under Article 226 of the Constitution of India for quashing the show cause notice issued by the Superintendent, Central Excise and the orders passed thereon by the Assistant Collector and in appeal by the Collector. The facts giving rise to filing of the petition are as follows.2. The petitioners are a composite textile mill and manufacture cotton yarn and cotton fabrics out of cotton yarn manufactured. The petitioners are liable to pay excise duty under the provisions of the Central Excises and Salt Act, 1944, both in respect of the manufacture of cotton yarn as well as cotton fabrics. Rule 96-V of Central Excise Rules, 1944 prescribes for a special procedure where a manufacturer, who manufactures cotton yarn falling under Item No. 18-E of the First Schedule to the Central Excise Act, uses the whole or part of ...
Tino KauIn Kaisha Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-12-1987
Reported in: (1988)26ITD326(Mum.)
Paras 1. to 8. [These paras are not reproduced here as they involve minor issues.] 9. The question in this case arise is as to whether the depreciation amount of Rs. 46,666 relating to assessment year 1970-71 which could not be set off against the profits of the business of the sub-sequent years could be allowed while computing the business in-come of the assessee for the year under consideration. The Act provides the allowance of depreciation Under Section. 32. Sub-section (2) of this section provides that any depreciation which could not be allowed in any previous year owing to there being either no profits or gains chargeable for that year or the profits being less than the allowance, then subject to the provisions of Section 72(2) and Section 73(3) the unabsorbed amount of allowance shall be deemed the allowance for the following previous year, and so on for the succeeding previous years.The object to treat the unabsorbed depreciation as the depreciation of the current year is to ...
State of Maharashtra Vs. Shanta Shankar Kamble (Smt.)
Court: Mumbai
Decided on: Oct-12-1987
Reported in: 1988(1)BomCR132
S.C. Pratap, J.1. This application by the State is for condonation of delay of twenty-three days in filing Criminal Appeal No. 585 of 1979 for enhancement of 'sentence imposed on accused No. 2 by the learned Additional Sessions Judge in Session Case No. 333 of 1976.2. Hearing Mr. S.S. Phanse, learned Public Prosecutor for the State and Mr. G.A. Panna, learned Counsel for the respondent-accused No. 2, we are not inclined to condone the delay.3. Going through the application and the averments therein, we find that the same does not disclose sufficient cause. Indeed, the various dates mentioned in the application indicate want of diligence at all relevant stages of the proceedings till the time the application and the appeal were ultimately filed in this Court.4. As observed by the Supreme Court (per R.S. Pathak, J., as the learned Chief Justice of India then was) in Ajit Singh Thakur Singh v. State of Gujarat, A.I.R. 1981 S.C. 633 :'...Now it is true that a party is entitled to wait unti...
Rasilaben Kantilal Kansara (Smt) Vs. Amratlal Babubhai Kocha and ors.
Court: Mumbai
Decided on: Oct-12-1987
Reported in: 1987(3)BomCR620
M.L. Pendse, J.1. This is an appeal preferred by the original plaintiff against the order dated November 28, 1985 passed by the learned Single Judge on Notice of Motion No. 938 of 1985 dismissing the motion and declining to appoint Court Receiver of the partnership assets. The facts which gave rise to the impugned order are as follows :2. One Babubhai Narottamdas was trading in the name and style of 'Babubhai Narottamdas & Co.' from the year 1947 onwards. The business carried on was of manufacturing Chlorination Plants and Railway Overhead traction equipments. On October 22, 1968, a deed of partnership was executed between Babubhai Narottamdas, his wife Jaskoreben and sons Amratlal, Dharamdas, Vasudev, Madhusudan and Rameshchandra and Smt. Rasilaben the present plaintiff, who is the wife of Kantilal son of Babubhai Narottamdas. The firm was duly registered with the Registrar of Firms. Babubhai died on July 23, 1970 and the firm was re-constituted by the remaining partners. On August 21...
Ashok Shankarrao Chavan Vs. Anil Trayambakrao Patil
Court: Mumbai
Decided on: Oct-12-1987
Reported in: (1988)90BOMLR39
P.V. Nirgudkar, J.1. This Civil Application is filed in Election Petition raising question of limitation that the Election Petition is barred by time.2. The above Election Petition has been filed by both the petitioners seeking declaration that Lok Sabha election of respondent No 1. -- Ashok Shankarrao Chavan -- as successful candidate be held void as he is guilty of corrupt practices. In this petition, issues are framed at Exhibit 19 and Issue No. 1 is whether this election petition is barred by limitation.3. The issue arises in this way. Under Section 81 of The Representation of The People Act, 1951, the election petition questioning the election has to be presented to the High Court within 45 days from the date of election of the returned candidate that is to say from the result of the election. Here the result of the election of Loksabha from Nanded Constituency has been declared on March 23, 1987. The period of 45 days expired on May 7, 1987. According to the petitioners Summer Va...
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