Mumbai Court February 1987 Judgments
Yeshwant Shripati Patil Vs. Balkrishna Sakharam Patil and ors.
Court: Mumbai
Decided on: Feb-25-1987
Reported in: 1987(3)BomCR380; 1987MhLJ635
A.D. Tated, J.1. This appeal is directed against the judgment and order dated 15th March, 1980 passed by the learned District Judge, Satara, dismissing Civil Appeal No. 43 of 1979 arising out of an order dated 2nd January, 1979 passed by the learned Civil Judge (Junior Division), Karad, in Regular Darkhast No. 68 of 1975 whereby he directed the Darkhast to proceed for recovery of the remaining amount of costs of Rs. 80.75 from respondent No. 1 (judgment debtor) and rejected rest of the prayers which included execution of reconveyance deed by the judgment-debtor in favour of the appellant (decree-holder No. 1). Respondent No. 1 is the original defendant (judgment-debtor). Respondent Nos. 2 to 7 are original plaintiff Nos. 2 (B to F) and 2-A and 3 (decree-holder Nos. 2 (B to F) & 2-A and 3). To-day at the hearing the learned Counsel for the respondent No. 1 Mr. K.J. Adhyankar submits that neither the first appeal before the District Court nor the second appeal before this Court is tenabl...
Tag this Judgment!Mrs. Marry Kutty Thomas Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Feb-24-1987
Reported in: 2001(2)BomCR196; 1987MhLJ342
Sawant, J.1. These five writ petitions have raised one common point besides some other points which are exclusive to Writ Petition No. 531 of 1986. We, therefore, first dispose of the point which is common to all these petitions.The common point arises out of the fact that the notice issued to the externees in all the petitions, under S. 59 of the Bombay Police Act, 1951 (hereinafter referred to as the Act), did not give any indication about the order which was proposed to be passed against them in as much as it did not state either the action proposed to be taken against them viz., whether they were only to be directed to so to conduct themselves as shall seem necessary in order to prevent violence and alarm or the prejudicial activities complained against them or whether they were to be ordered to remove themselves outside the local limits of the jurisdiction of the officer passing the order or the other specified area or areas in the State and the duration of such externment. It is,...
Tag this Judgment!Gift-tax Officer Vs. Smt. Neela Rajesh Shah
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-23-1987
Reported in: (1987)21ITD185(Mum.)
1. This appeal by the department relates to the assessment year 1980-81. The assessee, Smt. Neela Rajesh Shah, is an individual. By an Indenture dated 5-10-1979, the assessee settled on trust certain amount for the benefit of herself and her children. She appointed four trustees in all of which she herself was one of them. The object of the trust is mentioned in the first two clauses which are as under : Whereas the settler is desirous of settling Rs. 1.000 (Rupees one thousand only) for the benefit of herself and her children in the manner and subject as hereinafter stated ; And whereas for the purpose of effectuating such desire the settler has handed over to the trustees the sum of Rs. 1,000 intending that the trustees should hold the said amount and the investments representing the same and any additions thereto under the trust of this deed and the income thereof otherwise arising under the trust of this deed upon the trust and subject to the provisions hereinafter declared of and...
Tag this Judgment!Anil and ors. Vs. the Dean, Indira Gandhi Medical College and Hospital ...
Court: Mumbai
Decided on: Feb-23-1987
Reported in: AIR1988Bom78; 1987(2)BomCR539
H.W. Dhabe, J.1. This is writ petition arising out of the admissions made to the post-graduate courses conducted by the Indira Gandhi Medical College and Hospital, Nagpur. The petitioner No. 1 who belongs to the category of Scheduled Caste and who has passed his M.B.B.S. Examination from the respondent No. 1 Medical College has challenged the admissions made to the Post-Graduate Degree Course in Ophthalmology. The petitioner No. 1 was desirous of obtaining admission to the said course in the respondent No. 1, Medical College but at the time the advertisement for admission to the said course was issued on 31-7-1986, there was no reservation made for the seat in the subject of Ophthalmology which was in open category and, hence, the respondent (petitioner?) No. 1 did not make any application to the said seat as it was not reserved for a Scheduled Caste candidate. However, it is not necessary to examine his case further because subsequently an advertisement for admission to the said cours...
Tag this Judgment!Smt. Chandrabai Nair Vs. Seventh Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-20-1987
Reported in: (1987)21ITD436(Mum.)
1. These four appeals by the assessee relate to the assessment years 1970-71 to 1973-74. On the relevant valuation dates, the assessee held immovable property known as "Nair Wadi Property" situate at Juhu, Santacruz. This property consisted of two plots. The total area was 20,009 sq. yds. One of these two plots was of the area of 5657 sq. yds.On this plot there were coconut trees. The assessee claimed that this plot was agricultural land and as such, exemption to the extent of Rs. 1,50,000 was allowable under Section 5(1)(iva) of the Wealth-tax Act, 1957. As regards the other remaining plot, there were six bungalows of ground and one upper floor and there were four ground floor old structures on said plot. All these buildings were scattered in the compound forming a group. Some of the structures had been let out on lower rents. The assessee valued the agricultural plot at Rs. 2,26,300 and the remaining plot with built up area at Rs. 1,64,700. The entire property was thus valued at Rs....
Tag this Judgment!Lata Vs. Vilas
Court: Mumbai
Decided on: Feb-20-1987
Reported in: 1987MhLJ174
1. The respondent- husband instituted original petition on 7th March 1984 for a declaration that the marriage with the appellant wife was a nullity under subsec.(1) (d) of S. 12 of the Hindu Marriage Act (Herinafter referred to as 'the Act') on the ground the the appellant-wife ar the was time of marriage pregnant by some person other than the respondent-husband. The appellant-wife contested the prceedings, but evntually the petition filed by the respondent-husband was allowed by the IIIrd Joint Civil Judge, senior Division Nagpur who by his judgment and decree dated 3-5-1985 declared the marriage between the parties as null and viod. The appellant feeling aggrieved by the judgment and decree filed regular Civil Appeal No, 436 of 1985 on 19th July, 1985 before the Iind Additioal District Judge, Nagpur Before the appeal could befiled the respondent-husband married one Miss Sarita daughter of Laxmnoaro Modak on 27the June, 1985 The respondent-husband raised a preliminary objection (Ext.9...
Tag this Judgment!Kalyanpur Keshav Venkatrai Pai Vs. Corporation Bank
Court: Mumbai
Decided on: Feb-19-1987
Reported in: (1988)ILLJ244Bom; 1987MhLJ404
1. This petition under Article 226 of the Constitution is to obtain a mandamus directing the respondent to pay to the petitioner, what he believes to be his entitlement vis-a-vis subsistence allowance, under the law applicable.2. The respondent is a Nationalised Bank, so nationalised under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. The petitioner was in the service of the respondent's Branch at Kalbadevi, Bombay, as a Manager. The salary last drawn by him was Rs. 4,500/- per month. On 16th March, 1985, the petitioner was served with an order suspending him from service with immediate effect. For the period of suspension the petitioner was granted subsistence allowance as per the details shown in the chart accompanying the affidavit tendered on behalf of the respondent on March 31, 1986. Broadly speaking the subsistence allowance was worked out at a rate 1/3 of the basic salary as also the dearness allowance admissible for the first six months, and, at 1...
Tag this Judgment!Chase Bright Steel Ltd. Vs. Shantaram Shankar Sawant and anr.
Court: Mumbai
Decided on: Feb-19-1987
Reported in: 1988(4)BomCR235; (1987)89BOMLR134; 1987MhLJ432
Ashok Agarwal, J.1. This petition is filed by the original defendant-tenant seeking to challenge a decree for possession passed by both the lower courts under the Bombay Rent Act on the ground that the defendant was in default in payment of rent. The contractual rent in respect of the premises in occupation of the defendant was Rs. 358.29 p. The plaintiffs by their notice dated 27th of July, 1977 claimed arrears of permitted increase at the rate of Rs. 56.50 p. per month which had fallen in arrears with effect from the 1st February, 1976. The said notice was served upon the defendants on the 29th July, 1977. The defendants on the 29th of August, 1977 filed its standard rent application being Miscellaneous Application No. 256 of 1977 and on the same day obtained order of ad interim standard rent at Rs. 358/- per month. The defendant in the said standard rent application continued to deposit the aforesaid interim rent month to month. However, that standard rent application came to be dis...
Tag this Judgment!Krishnakumar S/O Rghunath Shende and anr. Vs. Additional Commissioner, ...
Court: Mumbai
Decided on: Feb-19-1987
Reported in: 1987(3)BomCR637; 1987MhLJ713
C.S. Dharmadhikari, J.1. The petitioners in this case have challenged the common order passed by the Additional Commissioner, Nagpur Division, Nagpur, allowing the application filed by the respondents No. 4 and 5 under sub-section (2) of section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as 'the Act') holding that the petitioners are disqualified from being Councillors of Zilla Parishad, Bhandara.2. It appears to be an admitted position that after the petitioners were elected as Councillors of the Zilla Parishad, Bhandara, they came to be appointed as Assistant Government Pleaders in the years 1981 and 1982 in the District and Sessions Court, Bhandara. It also appears to be an admitted position that, after their appointment as Assistant Government Pleaders, they had sought permission from the Government under Rule 7 of the Law Officers (Conditions of Service) Rules, 1939, equivalent to Rule 35 of the present Law Officers Rules, for th...
Tag this Judgment!Fifteenth Wealth-tax Officer Vs. Ramgopal Ganpatrai (Huf)
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-18-1987
Reported in: (1987)21ITD486(Mum.)
1. There are fourteen appeals relating to the assessment years 1958-59 to 1971-72 against the consolidated order of the Appellate Assistant Commissioner of Wealth-tax, 'N' Range, Bombay and three appeals relating to the assessment years 1972-73 to 1974-75 against the consolidated order of the Commissioner of Wealth-tax (Appeals) XI, Bombay, filed by the revenue. There are also three cross objections relating to the assessment years 1972-73 to 1974-75 filed by the assessee against the consolidated order of the Commissioner of Wealth-tax (Appeals). All the appeals filed by the revenue and the assessee's cross objections, for the sake of convenience, are disposed of by a common order.2. The assessee is a Hindu undivided family. A voluntary disclosure dated 31-12-1975 was filed under the Voluntary Disclosure of Income and Wealth Ordinance, 1975 (later on replaced by the Voluntary Disclosure of Income & Wealth Act, 1976, hereinafter referred to as 'VDS'). The net wealth declared under ...
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