Mumbai Court December 1990 Judgments
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Standard Chartered Bank Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-13-1990
Reported in: (1991)39ITD57(Mum.)
1. to 8. [These paras are not reproduced here as they involved minor issues.] 9. The next two grounds (9 and 10 for the assessment year 1985-86, 8 and 9 for the assessment year 1986-87) raise an interesting question of law. The case of the assessee is that the CIT(A) erred in holding that the assessee's claim of deduction of Rs. 37,82,630 for the assessment year 1985-86 and Rs. 60,14,906 for the assessment year 1986-87 towards provision for the debts under the amended Section 36(1)(viia) is not sustainable in the law under the non-discrimination clause provided in the Avoidance of Double Taxation Agreement entered into between the Government of the India and the United Kingdom. The relevant facts in this regard may be stated. The assessee claimed that the provision for bad debts amounting to Rs. 37,82,613 made during the year was deductible under the new Section 36(1)(viia) introduced with effect from 1-4-1985. Although this section is not applicable to the assessee bank having been i...
Smt. Nirmala Manohar Jagesha Vs. Manohar Shivram Jagesha
Court: Mumbai
Decided on: Dec-13-1990
Reported in: AIR1991Bom259; (1991)93BOMLR373; I(1992)DMC180; 1991(1)MhLj267
1. What is meant by the word 'cruelly' in matrimonial law? Is the old English law concept of 'danger' applicable in India today?. If wild, reckless and baseless allegations of impotency and lack of manliness are made in the written statement, can this by itself amount to cruelty in matrimonial law?. These are some of the questions which arise for determination in this appeal by the original respondent-wife,2. At the out-set I must mention that in accordance with the mandate of Section 23(2) of the Hindu Marriage Act, 1955, an attempt was made to bring about a reconciliation between the parties. The wife who is now staying at Delhi had come down to Bombay. However, I am informed by the learned Counsel Mr. K.S.V. Murthy for the appellant-wife and Mr. C. G. Patil for the respondent-husband that despite their efforts to bring about the reconciliation, they have not been successful at all. Unfortunately, the parties are staying separately since September, 1980 i.e. for nearly more than ten ...
Anand Hari Rahate Vs. Anant Mahadeo Kotwal and Another
Court: Mumbai
Decided on: Dec-13-1990
Reported in: 1991(2)BomCR550; (1990)92BOMLR679; 1991CriLJ1256; 1991(1)MhLj165
ORDER1. This is a petition filed challenging the order passed by the learned 2nd Additional Principal Judge and Additional Sessions Judge, Greater Bombay, on 16th July 1986 and by which order, the learned Additional Sessions Judge allowed the Revision Application No. 315 of 1985 and set aside the order passed on 18th November 1985 by the Metropolitan Magistrate, 21st Court, Bandra, Bombay, in Case No. 45/N/84 on his file.2. The petitioner had filed an application before the learned Magistrate under section 145 of the Code of Criminal Procedure on the following allegations :The premises, more particularly described in para 2 of the order, were in possession of the petitioner. The structure was divided into two parts. One part was used by the petitioner for the purposes of running a shop in the name and style of 'Star Electrical works' which shop premises was used by the brother of the Petitioner. The remaining portion was used by the petitioner for the purposes of residence. The Respond...
Chaugonda Shamgonda Patil Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Dec-13-1990
Reported in: 1991(2)BomCR695
D.R. Dhanuka, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner is impugning order of dismissal from service passed by the Commissioner of Police and the appellate and revisional orders passed by the competent authority in relation thereto. The facts and circumstances leading to the filing of this petition are as under :2. At the material time the petitioner was working as a Head Constable attached to Bhoiwada Police Station. On 11th of June, 1987, the Commissioner of Police passed an order dismissing the petitioner from services as the petitioner was held guilty of having committed certain acts of misconduct in respect whereof a departmental enquiry was held and charges imputed to the petitioner were held proved. Being aggrieved by this order, the petitioner preferred an appeal before the Government of Maharashtra, as provided under the rules framed by the appropriate authority under the Bombay Police Act, 1951. By a letter dated 18th August, 1...
Vardhan Silk Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-12-1990
Reported in: (1992)(41)LC739Tri(Mum.)bai
1. The present appeal is directed against the Order-in-Original No S/10-98/84C dated 25.10.1984 of the Additional Collector of Customs, Bombay, ordering confiscation of the import consignment alleged to contain ceto stearyl alcohol, vide Section 111(d) of the Customs Act, but granting an option to the importer to pay Rs. 50000/- as fine in lieu of confiscation.2. The appellants an Export House, filed four Bills of Entries on 30.3.1984, seeking clearance of the subject consignment with CIF value of Rs. 1,36,615/- as OGL item against Export House additional licence issued to them on 9.3.1983 i.e. during the policy period 1982-83 AM.The clearance was however objected to, amongst others, on the ground that the subject import was governed by the provisions of Para 185(7) of the Policy 1982-83 AM, whereunder the shipment ought to have taken place prior to 31.3.1983 whereas the subject item was shipped only on 30.3.1984. An objection was also raised that vide para 255(4) of 1983-84 AM policy...
Star Electronics and Holdings Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-12-1990
Reported in: (1991)(33)ECC111
1. This appeal is directed against the order-in-appeal bearing No.4472/878CH dated 14.10.87 of the Collector of Customs (Appeals), Bombay, upholding the order-in-original No. S/10-1357/86 ACC(TV) dated 1.8.86 of the Deputy Collector, ACQ Bombay, ordering confiscation vide Section 111(d) of the Customs Act, of Oscillators and gear units imported by the appellants but granting option to pay fine of Rs. 40,000 in lieu of confiscation.2. The appellants imported, as components of yarn evenness tester (i) oscillators (ii) gear unit (iii) motor for gear unit and (iv) calibrations tapes and sought clearance against licence No. P/S/19740 05/C/XX dt. 15.2.85 and under OGL App 6(1) of AM 1985-88 Policy. On examination, however, it was found that the goods imported were various types of components for yarn evenness testers. The oscillators were found to be current and potention transformers covered by entry serial number 492 of Appx. 3A of the Policy AM 85-88. The gear unit was found to be an ele...
Dr. (Miss.) Suriana Subhash Rane Vs. University of Bombay and Others
Court: Mumbai
Decided on: Dec-12-1990
Reported in: AIR1991Bom240
a) The case dealt with the manner in which the oral examinations should be conducted - The Court ruled that the matters like the inclusion or exclusion of the particular head or sub-head and awarding the marks to each one, should be decided by the university authorities and it cannot be ruled by the Court - However the choice should be such that it should not promote the favoritism or arbitrariness.b) The case dealt with the manner in which the oral examinations should be conducted - The university conducts the M.D. Pathology examination and in it the oral testing was as important as the testing in theory and practicals - The Court held that even though the specialist in pathology may be required to devote more time in the laboratory and research work, but still his mental alertness and ability should be tested as well1. This petition takes exception to alleged arbitrariness in the excessive weightage given to orals with a corresponding total denigration of dissertations in assessing t...
Bombay Environment Action Group and Another Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Dec-12-1990
Reported in: AIR1991Bom301; 1991(2)BomCR541; (1991)92BOMLR616
1. These two writ petitions seek to challenge the permissions granted by both the State and the Central Governments to the Bombay Suburban Electric Supply Company Limited (hereafter 'the Company') for establishing a 500 mega watt thermal power station (for short 'the said project') at village Agval, Taluka Dahanu, District Thane. The petitioners in Writ Petition No. 4550 of 1989 are the Bombay Environmental Action Group and one Saad Ali and the petitioners in Writ Petition No. 993 of 1990 are the residents as a group of Dahanu taluka claiming interest in the subject matter of the said project.2. We have heard respective Counsel at great length. We have also gone through the petitions and the several detail affidavits filed by either side and have given our anxious consideration to the pros and cons and the various factors and circumstances to which our attention was invited by Counsel on either side. 3. In 1988 the Environmental Department of the Government of Maharashtra granted site ...
RT. Rev. Dr. Ignatius D'Cunha and Anr. Vs. Rev. Father Denis s/o. Chit ...
Court: Mumbai
Decided on: Dec-12-1990
Reported in: 1992(1)BomCR647
N.P. Chapalgaonkar, J.1. Rev. Father Denis s/o. Chittarajan Kamath, who was working as a Secretary of Saint Franics De-Sales Education Society, Aurangabad was removed from his post by Bishop who alleges to be the President of the Society and this removal was challenged by him in Regular Civil Suit No 814 of 1990 filed in the Court of Civil Judge. Junior Division at Aurangabad. Defendants namely; the alleged President and the person who is appointed in place of the plaintiff, contested the suit and also raised plea that the Civil Court has no jurisdiction to hear this suit because of a bar created by section 80 of the Bombay Pubic Trusts Act, I960. Plaintiff had submitted an application for temporary injunction under Order 39, Rule 1 praying that the defendants be restrained from obstructing him from working as a Secretary of the said Trust. Despite raising an objection in the written statement, a separate application was also moved by the defendants on 9 7-1990 that the point for the j...
State of Maharashtra Vs. Patheja Forgings and Auto Parts
Court: Mumbai
Decided on: Dec-10-1990
Reported in: 1991LC506(Bombay)
R.G. Sindhakar, J.1. These appeals arise out of the decision rendered by the Chief Judicial Magistrate, Pune, in Criminal Case No. 18923 of 1980 and other connected cases bearing Criminal Case Nos. 18924/80, 18925/80 and 18926/80. A private complaint was filed by the State of Maharashtra through Shri M. Y. Kakade, Assistant Collector, Central Excise & Customs, Preventive Headquarters, Pune, against the three Respondents. Respondent No. 1 was a company and Respondent Nos. 2 and 3 were its Directors. It was urged that they committed an offence under Section 9(a)(b)(bb)(bbb)(c) and (d) of Central Excises and Salt Act read with Rule 174 of the Rules framed under the aforesaid Act punishable under Section 9(i)(ii) of the Central Excises and Salt Act (hereafter referred to as 'the said Act'). The complainant case was that the accused No. 1 is a Private Limited Company. It was having a factory in the Industrial block of Bhosari. Respondent Nos. 2 and 3 were Directors of the said Company. Sinc...
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