Mumbai Court November 1990 Judgments
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Anilchandra Pitambardas Sagar and Others Vs. Rajesh Harjivandas Jhaver ...
Court: Mumbai
Decided on: Nov-08-1990
Reported in: 1991(2)BomCR156; 1991CriLJ487; II(1991)DMC160; 1991(1)MhLj702
ORDER1. This is a Criminal Writ Petition under section 482 of the Code of Criminal Procedure, 1973 for quashing of a criminal complaint, being Case No. 76/3 of 1989, filed before the Court of the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay. The proceedings were instituted on a private complaint which was filed on or about 13-6-1989 and the learned Magistrate issued process against all the six Accused, Nos. 2 to 6 of whom are the present petitioners Nos. 1 to 5 and original accused No. 1 is the present respondent No. 3 to this Criminal Writ Petition.2. The facts of this case present a most distressing and unsavoury state of affairs and it is, therefore, necessary to set out a few material details. Respondent No. 3 is a family friend of petitioner No. 1, who is the father of petitioner No. 3 Sunita, who, in turn, is the wife of respondent No. 1, the original complainant, petitioner No. 2 is the mother of the girl Sunita. Petitioner No. 3 is the grand-mot...
Larsen and Toubro Ltd. Vs. Union of India
Court: Mumbai
Decided on: Nov-08-1990
Reported in: 1991(55)ELT337(Bom)
ORDER1. The Petition is filed for the refund of duty.2. In ground (a) at Page 10 there is averment to the effect that the price of goods recovered by the petitioner No. 1 from its customers was inclusive of the excise duty.3. The Petitioner is not entitled for the refund in view of the ratio led down by full Bench of this Court in : 1991(56)ELT3(Bom) .4. Shri Shah for the Petitioner invited our attention to the unreported decisions in Writ Petition 3019/82 (Bombay), decided on 1-10-1990 and in Writ Petition No. 4888/89 (Bombay) decided on 22-10-1990. They are distinguishable on facts also in view of admission in this Writ Petition cited above. The law led down by Full Bench is required to be preferred and followed.5. The Petition is therefore rejected....
Damjibhai L. Shah Vs. Regional Provident Fund Commissioner and anr.
Court: Mumbai
Decided on: Nov-08-1990
Reported in: (1992)ILLJ244Bom
1. The petitioner is the owner and proprietor of the trade mark known as 'Anchor' used in respect of electrical accessories. The petitioner has filed the present writ petition against the order dated June 29, 1987 passed by the Regional Provident Fund Commissioner, Maharashtra and Goa - respondent No. 1. The said order was passed by respondent No. 1. The said order was passed by respondent No. 1. under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, hereinafter referred to as 'the Act of 1952' of the sake of brevity. By the said order respondent No. 1 came to the conclusion that about 46 establishments in Bombay are nothing but the branches and/or departments belonging to the petitioner, formed only with the objective of subterfuging the laws meant for the purpose of social security of various employees under the Act of 1952.2. The said order is challenged by the petitioner mainly on the ground of violation of rules of natural justice. It was conte...
Chaudhari Anilkumar Narottam and Ors. Vs. Puja Sane Guruji Vidya Prasa ...
Court: Mumbai
Decided on: Nov-08-1990
Reported in: 1991(1)BomCR659; (1991)93BOMLR328; 1991(1)MhLj1164
M.F. Saldanha, J.1. The seven petitioners before us are the students of Pooja Sane Guruji Vidya Prasarak Mandal's Polytechnic, Sahada, Dist. Dhulia. The case of the seven petitioners as far as the limited issues that fall for determination in this petition are concerned are all identical. The petitioners were, at the relevant time, doing a course in Diploma in Engineering which is a 3 year course. The Diploma in question was to be awarded by respondent No. 2, the Board of Technical Education, Maharashtra State. The present petition arises out of orders dated 2nd March 1990 which were conveyed to the petitioners by the Principal of the institution, informing them that pursuant to an enquiry held by the Board of Technical Education, that a decision has been taken to award certain punishments tot he petitioners and to certain other students who have incidentally not challenged the decision of the Board, to cancel the results of the May 1989 examination of the candidates and furthermore, n...
Shyam Lachmandas Ajwani Vs. the State of Maharashtra and Another
Court: Mumbai
Decided on: Nov-07-1990
Reported in: 1991CriLJ970
ORDER1. The petitioner has preferred the instant petition although registered as a writ petition, under S. 482 of the Code of Criminal Procedure (for short the Cr.P.C.) for quashing the process issued against him by the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, under S. 403 of the Indian Penal Code (for short the I.P.C.) upon the complaint filed by the respondent No. 2 against him under sections 403 and 406 of the I.P.C. on the ground that the said complaint does not disclose any offence punishable under the I.P.C. and, therefore, issuance of the process amounts to an abuse of the process of the Court.Briefly the facts are that one flat No. 5 upon the second floor in the Jai Kismat Co-operative Housing Society (for short the Society) was owned by one Laxmandas S. Ajwani, who was a member of the said society. The said society is registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Act)....
Sanjay Land Development Corporation Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Nov-07-1990
Reported in: 1991(2)BomCR351; (1991)93BOMLR814
D.R. Dhanuka, J.1. This petition is directed against an order passed by the Additional Collector, Bombay Suburban District (respondent No. 2 herein), in exercise of the powers conferred on him under section 207(2) of the Maharashtra Land Revenue Code, 1966, cancelling an auction sale which was held on 30th June, 1987. The petitioners were declared as an auction purchaser at the said auction. The petitioners' bid was in the sum of Rs. 8,15,000/-. The petitioners paid a sum of Rs. 2,03,750/- on account of 25% of the amount of the bid as and by way of deposit. By the letter Ex.'B' to the petition, the petitioners were informed by the respondent No. 5-Talathi that due to some reasons the respondent No.2- Additional Collector had cancelled the said auction sale. Mr. Saraf, learned Assistant Government Pleader, appearing for the respondent No. 1-State, has filed a compilation of documents. It appears that the Additional Collector had passed a speaking order on 7th July, 1987 cancelling the s...
Dr. Anand R. Nerkar Vs. Smt. Rahimbi Shaikh Madar and Others
Court: Mumbai
Decided on: Nov-06-1990
Reported in: 1991(1)BomCR629; 1991CriLJ557; 1991(1)MhLj644
ORDER1. The petitioner, Dr. Anand R. Nerkar, has filed this Criminal Writ Petition under section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, praying for the quashing of criminal proceedings instituted against him by respondent No. 1 Shrimati Rahimbi Shaikh Madar. The petitioner is a Senior Medical Practitioner and is Honorary Surgeon and Head of the Surgical Ward of the Bhagwati Hospital, which is a medical institution, run by the Bombay Municipal Corporation. Respondent No. 1 has filed a private complaint in the Court of the learned Metropolitan Magistrate, 26th Court, Borivali, Bombay, numbered as Criminal Case No. 168/S of 1988 against the present petitioner and one Dr. Ansari, charging both the doctors with having committed an offence punishable under section 337 read with Section 114 of the Indian Penal Code. The learned Metropolitan Magistrate, after recording the verification statement of the complainant and the statement of Dr...
Shaikh Ahmed HussaIn and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-06-1990
Reported in: 1991(2)BomCR392; 1991CriLJ2303; 1991(1)MhLj77
1. The petitioners in this case are residents of Nasik City. Petitioner No. 1 is a member and shareholder of the Nashik Krishi Utpanna Bazar Samiti and possess a licence for trading in animals. Petitioner No. 2 is a permanent resident of village Waygaon. Taluka Chandwad. He states that his profession is an agriculturist having his lands in Waygaon village. It is alleged that on 17th August 1980, the petitioners had purchased six bullocks from the Panchvati Market Yards and that the police apprehended them on the road on suspicion that they were taking the bullocks for purposes of slaughtering them. The petitioners state that they explained to the police authorities that the bullock have been purchased for agricultural purposes but that the police refused to accept their contention. The animals were seized under a panchnama and the police also recorded the statements of certain persons who were present there. The petitioners were thereafter charge-sheeted under the provisions of Ss. 5 a...
Bank of Credit and Commerce Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-05-1990
Reported in: (1991)37ITD293(Mum.)
1. This is an appeal by the assessee against the order of the CIT (Appeals) for the assessment year 1984-85.2. The appellant herein is a non-resident banking company. The appellant has substantially raised three grounds in the present appeal which are dealt with seriatim.3. The first ground is that the CIT (Appeals) erred in rejecting the appellant's claim under Section 20 of the Act for deduction of proportionate expenses reasonably expended to earn interest on securities while computing income chargeable under the head "interest on securities" and thereby enhancing the disallowances under Sections 37 and 40A(5) of the Act. The CIT(Appeals) has dealt with this issue in para-2 of his order. It was the case of the appellant before the CIT (Appeals) that the ITO should have apportioned the gross expenditure between its two sources of income assessable under the head "interest on securities" and the head "profits and gains from business" and thereafter made disallowance under Section 40A...
Shantilal Khushaldas and Brothers P. Ltd., in Re Smt. Manulanaben Bapa ...
Court: Mumbai
Decided on: Nov-02-1990
Reported in: [1991]70CompCas195(Bom)
H. Suresh J.1. If one reads the agreement dated February 9, 1987, together with the agreement dated February 6, 1987, it becomes clear that the claim of other petitioner is not just a simple claim without any demur on the part of company. Inn my view, both the agreements have to be read together and it was a matter of bargain between the two parties when the present owners took over the company with all its assets and liabilities. It is in this sense that the claim of the company is bona fide and it is not a case where the company should be wound up. 2. To prove their bona fides, the company has voluntarily deposited Rs. 121,70,500 in this court. 3. Mr. relied on the case of Madhusudan Gordhandas and Co. v. Madhu Woollen Industries P. Ltd., : [1972]2SCR201 and he submits that it is not enough that the company has the ability to pay the debt but if the company chooses not to pay a particular debt, the court would have no choice but to pass an order of winding up. That of course, is subj...
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