Mumbai Court October 1990 Judgments
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Karunakar Mudann Shetty Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-08-1990
Reported in: 1991(52)ELT371(Bom)
Pendse, J.1. On April 5, 1973, one Madansingh Manvansingh residing at Ambarnath was granted licence in Form II bearing Licence No. 19 for selling Indian made Foreign Liquor by trade name M/s. Ambar Wine Mart, at Lokmanya Tilak Road, Ambarnath, Thane.Madansingh expired on November 23, 1974 leaving behind his widow Tarabai. The licence was transferred on February 25, 1975 in the name of Tarabai as the sole legal representative of deceased Madansingh.Prior to that date, on January 15, 1975 Tarabai entered into a partnership agreement with the petitioner for running the business of sale of liquor in the shop. On July 17, 1975, an application was made by Tarabai for inclusion of the name of the petitioner as a partner in the licence. The request was considered by the Collector and the name of the petitioner was admitted as partner in the licence.2. On July 28, 1979, Tarabai died and the petitioner gave intimation of her death on July 30, 1979 and also requested that the name of Tarabai shou...
The Bombay Metal and Alloys Mfg. Co. Vs. Union of India
Court: Mumbai
Decided on: Oct-08-1990
Reported in: 1991(52)ELT119(Bom)
Pendse, J.1. The petitioner No. 1 is a Company registered under the provisions of the Companies Act, 1956 and is engaged in the manufacture of various metals and alloys. The Company runs a factory at Vadavali village in Thane District and manufactures aluminium and old scrap of aluminium and nickel. The raw material used is virgin aluminium and old scrap of aluminium and nickel. The raw materials are either indegenous or imported and if indegenous, excise duty is paid and if imported, customs duty and countervailing duty are paid. The process of manufacture is that by combination the raw material re converted into ingots of aluminium nickel alloys. The aluminium content in ingots is more than 50% thereof by weight. The aluminium ingots are then broken into lumps and are put in a 'jaw-crusher' machine for the purpose of the pulverising. By this process, aluminium nickel powder comes into existence and the powder is used in various pharmaceutical, chemical and petroleum products.2. Secti...
The State of Maharashtra Vs. Kriti V. Ambani and Another
Court: Mumbai
Decided on: Oct-06-1990
Reported in: 1991(1)BomCR32; 1992CriLJ1647
1. This criminal application dated 25-6-1990 is filed by the Prosecution for cancellation of bail order dated 11-8-1989 passed by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Bombay.2. Few facts which are relevant for the purpose of disposal of this application are as under :-It is the case of the Prosecution that respondent No. 1 and respondent No. 2 entered into conspiracy along with the other accused persons for commission of murder of one Nusli Wadia. The prosecution alleged that the said conspiracy was hatched out somewhere in November, 1988 between respondent No. 1 and respondent No. 2 and in pursuance of the said conspiracy one Sequeria, who was styling himself as Shakil for some time, was contacted by respondent No. 2. The plan was to intercept the car of Shri Nusli Wadia when he returns from his office to his residence at Prabhadevi and commit his murder. Sequeira was shown the photograph of Shri Wadia and according to the prosecution, the respondents also agree...
State of Maharashtra Vs. Fazal Mohamood Tandel
Court: Mumbai
Decided on: Oct-06-1990
Reported in: 1992(57)ELT63(Bom)
1. This Criminal Appeal is directed against the judgment and order of the learned Additional Sessions Judge for Greater Bombay dated 27th September, 1982 whereby he quashed and set aside the order of the conviction and sentence passed by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay convicting and sentencing the respondents under Sections 135(1)(a), 135(1)(b), r.w. 135(1)(ii) of the Customs Act and Section 5 of the Imports and Exports (Control) Act.2. The prosecution case is that on 23-4-1972 original accused No. 1 and one Kamlakar Thakur carried 145 bags of pulses in the truck of the said Thakur from the residence of the said Thakur to Marve Dock and got them loaded in the vessel 'Vasanti Prasad' belonging to original accused No. 2, who was also its tandel for exporting the said 145 bags of pulses to Dubai. The said vessel left Marve port in the evening of 23-4-1972. Original accused No. 2 and original accused Nos. 4 to 10 and two more persons one...
Mani Nariman Daruwala and Others Vs. Phiroz M. Bhatena and Others
Court: Mumbai
Decided on: Oct-05-1990
Reported in: AIR1991Bom308; 1991(2)BomCR370; 1991(1)MhLj376
1. Where an obstructionist who fails to establish an independent right to possession can resist execution on the ground that the decree under execution is a nullity is the main question which arises for determination in this petition.2. The premises in dispute consist of Block D, situate on the 3rd floor of Contractor Building at Bai Awabai Kashinath Road, Bombay 400 034. The petitioners are the owners whereas one Nadirshaw P. Bhatena was the tenant on a rent of Rs. 57.30 Ps. per month. The said Nadirshaw died on 15th November 1971 leaving behind his respondents Nos. 1 to 4 as his heirs and legal representatives, During the lifetime of Nadirshaw, the petitioners by a notice dated 6th November terminated his tenancy. On 12th October 1971 the said Nadirshaw permitted respondents Nos. 5 and 6 who are husband and wife to occupy the portion of the aforesaid premises viz. two rooms and the common user of the kitchen and W.C. The said licence was for a period of eleven months. The said licenc...
Charandas Son of Marotrao Ramleke Vs. Vilas Wishwanath Shrungarpawar a ...
Court: Mumbai
Decided on: Oct-05-1990
Reported in: 1991(1)BomCR111
M.M. Qazi, J.1. The petitioner was a candidate for the Maharashtra Legislative Assembly Election of Adyar Constituency No. 144 held on 27-2-1990 along with respondent Nos. 1 to 26. The respondent No. 27 was the Returning Officer of the said election. The polling of the said constituency was over on 27-2-1990 at 5-00 P.M. Counting of votes started on 1-3-1990 at 8-00 A.M. and completed on 2-3-1990 at about 8-00 A.M. Immediately after result was announced and the respondent No. 1 (hereinafter referred to as 'the returned candidate') was declared elected. Total number of votes polled was near about 71.5% .. 1,03,226Total number of votes found in favour of the returned candidate .. 28,091Total number of votes found in favour of the petitioner. .. 20,521The petitioner contested the election on the ticket of the Republican Party of India (Khobragade) an his symbol was HORSE while the returned candidate Vilas Vishwanath Shrangarpawar contested the election as an independent candidate and his ...
Navyug Steel Industries and ors. Vs. Bombay Municipal Corporation and ...
Court: Mumbai
Decided on: Oct-05-1990
Reported in: 1991(1)BomCR640; 1991(1)MhLj556
S.M. Daud, J.1. The short question arising in this petition under Article 226 of the Constitution is whether respondent No. 1 erred in law in refusing petitioners exemption claimed under Rule 7 being part of the rules framed under section 195-1A(iv) of the Bombay Municipal Corporation Act, being Bombay Act No. III of 1888, hereinafter referred to as the 'Rule' and 'Act' respectively.2. The 1st respondent being the Bombay Municipal Corporation, hereinafter referred as the 'BMC' has as its disposal various devices for raising revenue to meet the expenses which it has to incur under the Act. Octroi is the most lucrative source of revenue and the imposition thereof is provided under section 192-1 of the Act. Basically, goods, entering into the Greater Bombay for consumption, use or sale thereof are dutiable i.e. subject to the levy of octroi. Section 194 of the Act provides for different forms of exemption and refund etc. in the matter of octroi payable or refundable. Section 195-A empower...
Mohini Chandrakant Naik and anr. Vs. New India Assurance Co. Ltd. and ...
Court: Mumbai
Decided on: Oct-05-1990
Reported in: 1991ACJ354
H.D. Patel, J.1. On December 28, 1988, the petitioner in Writ Petition No. 209 of 1990 filed an application claiming compensation arising out of an accident which occurred on July 2, 1984, before the respondent No. 3, the Presiding Officer of Motor Accidents Claims Tribunal, Panaji (Goa), under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the old Act'). Since there was delay of three years, eleven months and twenty-seven days in filing the claim petition, an application for condonation of delay was also simultaneously moved under Sub-section (3) of Section 110-A of the old Act. The petitioner explained therein that on account of several injuries sustained by her, she was required to undergo treatment for a considerably long time and she was under the bona fide belief that the criminal case pending would safeguard her interest also in respect of compensation. The application for condonation of delay was resisted by the respondent No. 1, the New India Assura...
Adinath Limbaji Navale and anr. Vs. Policeman Housing Society and anr.
Court: Mumbai
Decided on: Oct-05-1990
Reported in: (1991)93BOMLR448
A.A. Desai, J.1. These appeals and cross-objection arose out of the judgment dated 25.8.1977 by which claim for recovery of possession has been decreed by the Civil Judge, Senior Division, Beed.2. Respondents Nos. 3, 4 and 5 (original plaintiffs) claimed that surveys Nos. 30/a and 31 of Mouza Beed being their ancestral property they are the owners. According to them, Adinath Limbaji Navale (appellant No. 1) filed Civil Suit No. 98/69 against the respondent No. 4 for relief of injunction simpliciter. This suit subsequently on 26.3.1971 was withdrawn. In the meanwhile, i.e. in the third week of June 1970, the appellants-original defendants had dispossessed them of the suit fields. They, therefore, on 11.5.1973 filed a civil suit for recovery of possession and mesne profit.Their claim for possession was resisted by the defendants Nos. 1 to 8 (appellants) contending that the respondent No. 4 Abdul Jabarkhan for self and on behalf of the respondent No. 5 executed in November 1949 an agreeme...
Commissioner of Income-tax Vs. Mico Products Pvt. Ltd.
Court: Mumbai
Decided on: Oct-04-1990
Reported in: (1990)92BOMLR659; [1991]187ITR517(Bom)
Mrs. Sujata V. Manohar, J.1. The assessee is a private limited company manufacturing and selling textile auxiliaries and other allied chemicals, Paints, etc. For the assessment year 1971-72, along with other claim, the assessee claimed depreciation on its laboratory building worth Rs. 71,024 and depreciation with triple shift allowance on laboratory machinery worth Rs. 2,16,206, these being in the nature of capital items used for scientific research relating to the business of the assessee. Before the Income-tax Officer, it was contended that the assessee is entitled to depreciation on these items under section 32(1) of the Income-tax Act, 1961, even though deduction under section 35(1)(iv) and section 32(2)(ia) of the Income-tax Act, 1961, had already been allowed in the previous years in respect of these items.2. The Income-tax Officer rejected the claim of the assessee for depreciation on the ground that as deduction had already been allowed in the previous years under section 35 in...
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