Mumbai Court December 1991 Judgments
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Ramchandra Appaji Hanjage, Since Deceased, by His Heirs and Legal Repr ...
Court: Mumbai
Decided on: Dec-18-1991
Reported in: 1991(4)BomCR381
D.R. Dhanuka, J.1. This petition raise an interesting and important question of law relating to interpretation and application of section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). The relevant question arising for consideration of the Court is formulated as under:---'Whether notice demanding arrears of rent purported to have been issued under section 12(2) of the Bombay Rent Act is invalid where the demand made thereby if for an excessive amount i.e. the amount which is not legally due and payable by the tenant on the date of notice of demand and the error in computation of arrears is not marginal or insubstantial? 'I answer the question in affirmative.2. The petitioners are heirs and legal representatives of one Ramchandra Appaji Hanjage, the original tenant in respect of the premises precisely described in paragraph 1 of the petition, situate at Raviwer Peth, 'B' Ward, Kolhapur City. The said Ramchandr...
Miss Smita Ambalal Patel Vs. Asstt. Director of Enforcement, Enforceme ...
Court: Mumbai
Decided on: Dec-17-1991
Reported in: 1992CriLJ961
1. Right to speedy and expeditious criminal trial is one of the most valuable and cherished fundamental rights guaranteed to our citizens under the Constitution. The said right is an integral part of right to life and liberty and necessary concomitant of fundamental right guaranteed under Article 21 of our Constitution. Fundamental rights are not a teasing illusion to be mocked at but are meant to be enforced and made reality in practice. The Constitutional Courts like the Honourable Supreme Court and the High Courts are enjoined to enforce the fundamental rights promptly and expeditiously whenever the aggrieved citizen establishes the infringement or invasion thereof to the satisfaction of Court. 2. By this writ petition, the petitioner has complained of invasion of her fundamental right to speedy and expeditious trial guaranteed under Article 21 of the Constitution of India. By this petition filed under Article 227 of the Constitution of Indian and Section 482 of the Code of Criminal...
Shrirang Kisan Kurade Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-17-1991
Reported in: 1992CriLJ1362
1. This appeal is filed against the conviction and sentence dated 10th February 1989 passed by the Additional Sessions Judge, Satara, in Sessions Case No. 102 of 1988. By the aforesaid order the Sessions Court convicted the appellant, who was original accused No. 1, under section 304 Part II of the Indian Penal Code and sentenced him of suffer rigorous imprisonment for give years. 2. The incident took place at 9.15 p.m. on 2nd February 1988 within the limits of village Kole on Karad-Dhebewadi road near Ganpati temple. At the relevant time there was a fair at village Kole and the deceased along with other five companions decided to attend that fair. The deceased and his companions were residents of KVumbhargaon which is a hamlet of Kole. All these persons left the village for Kole at 8.30 p.m. on bicycles. On the road the complainant Suresh Kalantre, PW 1 and his other three companions took a halt at S.T. stand at Talamavale for taking water. However, PW 2 Sandip Baile and Anandrao Kach...
Commissioner of Income-tax Vs. Dr. R.G. Wani
Court: Mumbai
Decided on: Dec-17-1991
Reported in: [1995]211ITR787(Bom)
V.A. Mohta, J.1. This is an application by the Commissioner of Income-tax, Nagpur, under section 256(2) of the Income-tax Act, 1961, for a direction to the Tribunal to state the case and to refer the following two questions said to be of law for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in confirming the orders of the Appellate Assistant Commissioner holding that relief under section 23(1) is admissible in respect of five shops utilised for commercial purposes (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the assessee was entitled to relief in respect of five shops envisaged by the proviso to section 23 of the Income-tax Act in view of the admitted fact that premises were not residential units ?' 2. The property known as Wani Market, is registered as a commercial complex in the municipal council and is used as shops. 3. The benefit ...
Commissioner of Income-tax Vs. Dr. Laxmichand Narpal Nagda (Deceased)
Court: Mumbai
Decided on: Dec-17-1991
Reported in: [1995]211ITR804(Bom)
V.A. Mohta, J.1. This is an application under section 256(2) of the Income-tax Act, 1961, By the Commissioner of Income-tax, Vidarbha Region, Nagpur, for a direction to the Tribunal to state the case and to refer the following questions of law for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessee is entitled for exemption under section 54(1) of the Income-tax Act, 1961 (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in giving a liberal construction to the meaning of the word 'purchase' in violation of the provisions of the Transfer of Property Act ?' 2. Late Dr. Laxmichand Nagda had sold his self-occupied dwelling house at Khamgaon, on April 5, 1977, for a sum of Rs. 3 lakhs. On this sale transaction, a capital gain of Rs. 2 lakhs had accrued. He entered into an agreement for purchase of a flat in Bombay for self-occupation o...
Commissioner of Income-tax Vs. Narkeshari Prakashan Ltd.
Court: Mumbai
Decided on: Dec-17-1991
Reported in: [1992]196ITR438(Bom)
V.A. Mohta, J.1. This is an application by the Commissioner of Income-tax, Nagpur under section 256(2) of the Income-tax Act, 1961, for calling upon the Tribunal to state the case and to refers the following questions said to be of law for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in deleting the addition of Rs. 38,908, made under the provisions of section 41(2) of the Income-tax Act, 1961, on the ground that liability to tax under section 41(2) was not attracted where the business was transferred as a going concern (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the provisions of section 41(2) were not applicable to this case to tax the profits arising out of sale of branches (3) Whether the Appellate Tribunal was correct in relying upon the Board's Circular No. 23-D (XXIII-6) of 1965 while holding that the provisions of section 41(...
J.G. Glass Industries Ltd. Vs. Union of India
Court: Mumbai
Decided on: Dec-17-1991
Reported in: 1993LC76(Bombay); 1992(62)ELT291(Bom)
Pendse, J.1. The petitioners are manufacturers of glass and glassware's and which manufacture is liable to excise duty under Tariff Item No. 23A. Tariff Item No. 23A deals with the subject of glass and glassware and Clause (4) provides that excise duty on 'other glass and glassware including tableware' is thirty five per cent ad valorem. The petitioners had entered into an agreement to manufacture bottles for a company and the agreement provided that the petitioners, on manufacture of the bottles, shall print a logo of the customer on the bottles. The petitioners were required by Messrs. Poona Beverages Limited to supply 200 ml. Campa bottles to enable the beverage company to sell beverages in the said bottles. The petitioners filed price list No. 37 dated April 4, 1978 for supply of Campa bottles inclusive of the printing charges. The price list sets out that the manufacturing cost would be Rs. 700/- and printing charges Rs. 200/- and consequently the total charges Rs. 900/- per 1000 ...
S. Subramaniyan and Co. Vs. Collector of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-16-1991
Reported in: (1993)(63)ELT297Tri(Mum.)bai
1. This is an appeal directed against the order passed by the Collector (Appeals) bearing No. GSM-205/90 Baroda dated 16-4-1990, rejecting the appellants' appeal.2. The facts of the case are that 5 consignments of inputs viz. cement were received by the appellants under modvat scheme and credit of the duty paid thereon was taken, which amounted to Rs. 16,117.86. This was objected to by the Department on the ground that the Gate Passes do not bear the name of the appellants and there were also no endorsements on the gate pass in their favour. A show cause notice was issued to the appellants on 5-10-1988 under Rule 57-1 of the Central Excise Rules covering the period from 1-6-1987 to 30-6-1987. In the adjudication proceedings, the demand was confirmed and the appeal before the Collector (Appeals) filed by the appellants was also rejected. Hence, the present appeal before me. In the written submissions made by the advocate on behalf of the appellants, it is submitted that a show cause no...
Ajit Vs. Second Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-13-1991
Reported in: (1992)41ITD28(Mum.)
1. In this appeal, the assessee is contesting the action of the I.T.authorities in disallowing the claim for deduction of Rs. 1,29,190 being expenses incurred in connection with an open heart surgery undergone by him in USA.2. The assessee is an individual and is carrying on profession as an actor, that too, as a villain in the film industry. The assessment year is 1982-83 and the relevant previous year ended 31-3-1982.3. The facts of the case, as summarised in the statement of facts, sent along with the memo of appeal to the CIT (Appeals) read as under :- (1) Shri Ajit is reputed for his acting in roles of villain in Hindi feature films. This requires performing of various stunt actions by Shri Ajit. He has to be 100% physically fit to give successful performance in such roles. Thus 100% physical fitness is an essential factor in the profession carried on by Shri Ajit from which he earns professional receipts. (2) Somewhere in 1978 Shri Ajit started getting complaint of Angina Pector...
Smt. Sajjanbai Arjunlal JaIn Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Dec-13-1991
Reported in: 1992(2)BomCR392; 1992CriLJ3612; 1992(2)MhLj953
S.W. Puranik, J.1. The petitioner who is the mother of the detenu Rajendra Kumar Arjunlal Jain has preferred the present petition inter alia challenging the order of detention dated 29th September 1989 passed by the 2nd respondent against the detenu under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. 2. The detenu was intercepted on a road in Bombay and on examination of his brief case he was found to be in possession of 193 gold bars of 10 Tolas each bearing foreign markings. His father Arjunlal Jain was also with him and on his search also he was found to be in possession of gold bars with foreign markings. Both were taken into custody and interrogations made. This incident took place on 20th April 1989. The investigation was over and on the basis of the solitary incident an order of detention came to be passed on 29th September 1989, 5 months thereafter. Annexure 'A' to the Petition is the order of detention; Annexure 'B' are ...
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