Mumbai Court January 1988 Judgments
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Senior Regional Manager, Food Corporation of India and anr. Vs. M.P. A ...
Court: Mumbai
Decided on: Jan-13-1988
Reported in: 1988(1)BomCR425
S.P. Bharucha, J.1. This appeal is directed against the judgment and order of Mrs. Manohar, J., making absolute the rule issued in the writ petition filed by the respondents.2. The respondents were employed by the Food Corporation of India. They were suspected of the theft of 88 bags of rice and were suspended. Criminal proceedings were started which ended in an order of acquittal in appeal. Thereafter, a departmental enquiry was commenced against the respondents in the same connection. Upon completion of the enquiry the Enquiry Officer submitted a report to the Disciplinary Authority. The Disciplinary Authority, on 3rd April, 1981, passed an order which was impugned in the writ petition. The relevant portion of the order reads thus :3. AND WHEREAS on a careful consideration of the Inquiry Report and proceedings of the case submitted by Shri R.K. Atal the undersigned finds that one of the crucial documents viz. the list document at Sr. No. 18 of the Annexure-III of the chargesheet i.e....
PravIn Mansukhlal Mehta Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jan-13-1988
Reported in: 1988(34)ELT422(Bom)
Kurdukar, J.1 The Collector of Customs (Appeals), Bombay, dismissed the appeal filed by the petitioners solely on the ground that the same was filed beyond the period of limitation prescribed under Section 128 of the Customs Act. The Appellate Authority further held that the petitioners have not filed any application for condonation of delay and, therefore, the question of delay being condoned would not arise. It is this order which is the subject matter of challenge in this writ petition under Article 226 of the Constitution of India.2. It is needless to mention that the Appellate Authority has not considered the claim of the petitioners on merits.3. Mr. Bulchandani, the learned Counsel for the Respondents with his habitual fairness states that the impugned order cannot be supported. It is needless to emphasise that under Section 128 of the Customs Act, the period of limitation will commence against the party who has suffered the order only from the date of receipt of the order. It is...
PravIn Mansukhlal Mehta Vs. the Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jan-13-1988
Reported in: 1988(14)LC569(Bombay)
Kudukar, J.1. The Collector of Customs (Appeals), Bombay, dismissed the appeal filed by the petitioners solely on the ground that the same was tiled beyond the period of limitation prescribed under Section 128 of the Customs Act. The appellate Authority further held that the petitioners have not filed any application for condonation of delay and, therefore, the question of delay being condoned would not arise. It is this order which is the subject matter of challenge in this writ petition under Article 226 of the Constitution of India.2. It is needless to mention that the Appellate Authority has not considered the claim of the petitioners on merits.3. Mr. Bulchunduni, the learned Counsel for the Respondents with his habitual fairness states that the impugned order cannot be supported. It is needless to emphasise that under Section 128 of the Customs Act, the period of limitation will commence against the party who has suffered the order only from the date of receipt of the order. It is...
Third Income-tax Officer Vs. Favourite Book Cloth and Paper
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-12-1988
Reported in: (1988)26ITD409(Mum.)
1. This appeal by the department relates to the assessment year 1981-82.2. The facts are as follows. The assessee was tenant of certain premises in which the assessee carried on business. The business premises were in a building in which there were large number of other tenants. All the tenants, including the assessee, were paying small amounts as rent. The landlord did not make timely repairs. The building became dilapidated. The tenants formed an association and the association repaired the entire building. The expenses were apportioned amongst the tenants. The share of assessee in the repairs came to Rs. 33,500. The details of repairs to the portion in occupation of assessee were as follows : (i) Concrete plastering of the side walls which had become dilapidated. (iii) Replacement of certain beams which had been eaten by white ants. (iv) Repairs of a part of the flooring which had got damaged by continuous use.The assessee continued the business in the premises in question during t...
State Bank of India Vs. Fravina Dyes Intermediatesa and Another
Court: Mumbai
Decided on: Jan-11-1988
Reported in: [1990]68CompCas574(Bom)
G.D. Kamat, J.1. This appeal challenges the order of the trial court by which an application for injunction filed by the appellant is rejected on the matter of the suit is for recovery of money and, therefore, Order 39 of the Civil Procedure Code is not attracted.2. Having regard to the controversy involved, what need be stated is that the appellant, State Bank of India, advanced a loan to the respondents and as a security therefor, the first respondent mortgaged their machinery, equipment, raw materials, in favour of that bank, at the same time agreeing to repay the loan advanced in a certain manner.3. The respondents having committed a breach with regard to repayment, the State Bank of India was perforced to file a suit for recovery of Rs.3,91,230.58 which was institute in or about July, 1987. On institution of the suit, the State Bank apprehended that the respondents may do away with the assets mortgaged in its favour and, therefore, sought an injunction restraining the respondents ...
Union of India Vs. Piedade Fernades
Court: Mumbai
Decided on: Jan-11-1988
Reported in: AIR1989Bom81
Sawant, J.1. This appeal is filed by the Government against the decision dt.Mar. 27, 1985 of the District Judge. South Goa, Margao in had acquisition Case No. 98 of 1981.2. The land in question admeasures 63,875 sq, mts and is situated at Xelpem village. It was acquired under the land Acquisition Act , 1894 ( hereinafter referred to as the Act ) for Selaulim Irrigation Project. The Land Acquisition Officer evaluated the compensation to the Respondent-land -holder in the amount of Rs. 55,092 at the rate of 75 Paise per sq, mtr, under the Award dt,Mar 26, 1973. He held that although the land was aforamento (which is a term under the Civil Law and can by loosely translated as perpetual lease with a right to purchase the land by making certain payment as prescribed by law), admittedly the land was not till then purchased by the holder nor had he made improvements in the same. The land-holder was therefore not entitled either to the full compensation as holder of the land or to the improvem...
State Bank of India Vs. Fravina Dyes Intermediates and anr.
Court: Mumbai
Decided on: Jan-11-1988
Reported in: AIR1989Bom95
1. This appeal challenges the order of the trial Court by which the application for injunction filed by the appellant it rejected on the grounds that no injunction as sought for could be granted as the subject matter of the suit is recovery of money and therefore O.39 of the C.P.C is not attracted.2. Having regard to the controversy involved what need be stated is that the appellant State Bank of India advanced a loan to the respondents and as a security there of the first respondent mortgaged their machinery, equipment, raw material in favour of that Bank at the same time agreeing to repay the loan advanced in a certain manner.The respondents having committed breach with regard to the repayment, the State Bank of India was forced to file a Suit for recovery of Rs. 3,91,230.58 which was instituted on or about July, 1987. On institution of the Suit the State Bank apprehended that the respondents may do away with the assets mortgaged in its favour and therefore sought an injunction restr...
Gannon Dunkerly and Company Vs. Smt. Aleyamma Varghese and ors.
Court: Mumbai
Decided on: Jan-11-1988
Reported in: I(1988)ACC426
B.G. Deo, J.1. I have heard Shri Gokhale learned Counsel for the applicant and Shri Pilley learned Counsel for the respondents.2. Question relates to penalty. A workman of the appellant died on the site at Koradi. The Commissioner under the Workmen's Compensation Act at Nagpur fixed the liability at Rs. 19,200/- as compensation and directed the appellant to pay the same with Rs. 9,600 as penalty within a month of passing of the impugned order. The amount of Rs. 19,200/- was also directed to carry simple interest at the rate of 6 per cent per annum from the month of April, 1978.3. Shri Gokhale learned Counsel for the appellant contended that the penalty should not have been imposed as there was no default on the part of the company for the simple reason that the Company was not at all noticed. According to the learned Counsel for the appellant the Company was not working at the site at the relevant time and the notice was served on the care-taker of the Company who was at the site. All ...
Ranbir Raj Kapoor Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-08-1988
Reported in: (1988)25ITD56(Mum.)
1. This is a matter referred to us, to hear, which, a Special Bench was constituted by the President mainly to decide the question, whether the provisions of Section 69D were attracted to the repayments of two hundi loans, made in cash ; one was of Pokardas Jawaharlal-Rs. 50,000 and the other was of Girdharidas Ghansharndas & Co.--Rs. 30,000. There was a decision of the Madras Bench of the Income-tax Appellate Tribunal, which held that all hundis are not Bills of exchange ; that 'hundi', if it was in the nature of a promissory note, though described as a 'hundi underwritten on a hundi paper, would not be covered by the provisions of Section 69D. For the assessee, when reliance was placed upon this decision, the then Bench felt; that the matter required re-consideration and, therefore, a Special Bench was constituted and the appeal was heard by the Special Bench at some length. In this appeal, besides this point of applicability of Section 69D, there are some other points, which we...
Podar Mills Ltd. Vs. J.K. Synthetics Ltd.
Court: Mumbai
Decided on: Jan-08-1988
Reported in: 1988(2)BomCR572; [1989]66CompCas735(Bom)
Sujata Manohar, J.1. The present appeal is from an order dismissing the judge's summons taken out by the appellants for stay of all further proceedings in Company Petition No. 352 of 1983 and for restraining the respondents from taking any further steps in the company petition.2. On June 23, 1983, the respondents filed a petition for winding up the appellant-company. On September 14, 1983, consent terms were filed in company petition under which, inter alia, the appellant-company admitted the claim of the respondents and agreed to pay the claim amount by monthly instalments. Under clause 4 of the consent terms, it was provided as follows:'4. In the event of the company failing to pay any three instalments or the last instalment on its due date as mentioned hereinabove, the petition to stand admitted and the petitioners to give advertisement thereof in the 'Free Press Journal', Bombay Samachar' and Maharashtra Government Gazette. The petition to be made returnable four weeks after the l...
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