Mumbai Court February 1991 Judgments
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Commissioner of Income-tax Vs. International Tractor Co. of India Ltd.
Court: Mumbai
Decided on: Feb-18-1991
Reported in: [1991]189ITR799(Bom)
T.D. Sugla, J.1. There is only one question of law referred to this court by the Tribunal. The question reads thus : 'Whether, on the facts and in the circumstances of the case, the asessee is entitled to carry forward the unabsorbed development rebate to future years to be set off against the profits of those years on the assessee creating the requisite reserve ?' 2. The proceedings relate to the assessee's assessment for the assessment year 1970-71. Counsel are agreed that, in view of the amendment of section 34(3)(a) by the Finance Act, 1990, with retrospective effect from April 1, 1962, the question requires to be and is hereby answered in the affirmative and in favour of the assessee. 3. No order as to costs. ...
Smt. Varsha Manharlal Mehta Vs. Industrial Distribution and Others
Court: Mumbai
Decided on: Feb-15-1991
Reported in: AIR1992Bom371
ORDER1. This is a petition under section 11 of the Indian Arbitration Act praying for (a) setting aside the appointment of the Arbitrator (the 2nd respondent herein is the sole Arbitrator, and (b) grant of sufficient time to the petitioner to make freshappointment of some other Arbitrator to commence and complete the reference 'from the stage the same was left before the 2nd respondent.'2. The facts giving rise to this Arbitration petition are as follows. There were two suits in this Court and since the plaintiff in one suit is the defendant in another suit, I will refer to the parties by their names in order to avoid confusion. Summary Suit No. 2901 of 1987 was filed by Industrial Distributors (respondent No. 1 in this petition). That suit was against Smt. Varsha Manharlal Mohta (present petitioner) as defendant No. 1 proprietress of M/s. Manish Agency, and Manharlal S. Mohta (respondent No. 3 in this petition) as defendant No. 2. Manharlal Mohta is the husband of Smt. Varsha Mohta. I...
Dr. Prita Subodh Patgaonkar and Others Vs. the State of Maharashtra an ...
Court: Mumbai
Decided on: Feb-15-1991
Reported in: AIR1991Bom381; 1991(2)BomCR474; 1991(2)MhLj965
ORDERMrs. Sujata Manohar, J.1. All these writ petitions are filed by students who have passed their final M.B.B.S. Examination from the Pune University and the Shivaji University in December 1989/January 1990 and who are seeking admissions to the Post-Graduate Courses commencing in January 1991 in the Medical Colleges run by the State Government in the State of Maharashtra. Writ Petitions Nos.321/91, 360/91, 497/91 and 522/91 are filed by a large number of students of the Pune University; Writ Petition No. 406/91 is filed by 6 students of the Shivaji University who have passed their Final M.B.B.S. Examination either from Dr. V. M. Medical College, Solapur or the Government Medical College, Miraj -- both these Colleges being affiliated to the Shivaji University. Writ Petition No. 742/91 is filed by 3 students who have also passed the Final M.B.B.S. Examination from the Shivaji University. The 3 students in Writ Petition No. 742/91, however, have taken a stand which is contrary to the st...
Sivasankara Pillai Pankjakshan Nair Vs. State of Maharashtra and Other ...
Court: Mumbai
Decided on: Feb-15-1991
Reported in: 1991(3)BomCR381; 1991CriLJ2083
Saldanha, J.1. The petitioner in this case was served with an order of detention dated 20-8-1990 passed under sub-section (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. In the grounds of detention, it was alleged that the petitioner had returned to India by an Air India Flight on 4-3-1990 and that he was carrying with him, among other things, a mini-refrigerator. The Customs Officers minutely examined the refrigerator and found one gold plate and two circular pieces of gold weighing 1,000 gms. concealed in the refrigerator. It was further pointed out that in the detenu's statement dated 4-3-1990, he had indicated that he was working as a tailor at Rais-Al-Khaimah and that on his return to India one Abbas has asked him to carry the refrigerator for a consideration of Rs. 5,000/-. It appears that in his statement, the detenu had admitted that he was aware of the concealment of gold in the refrigerator and that he was to hand over the...
Hyderabad Allwyn Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-14-1991
Reported in: (1991)(54)ELT393Tri(Mum.)bai
1. C/Misc/301/91 has been brought by the applicants bringing to our notice the non-implementation of this Bench's Order No. 517/90/WRB, dated 13-11-1990.2. Shri Sunder Rajan narrated certain facts for proper appreciation of the position. The aforesaid order was passed by the Regional Bench acting as Regional Special Bench while entertaining their stay application. This Bench took note of the fact that the applicants are a State Government Public Sector Undertaking and live B/E is involved, where the exemption claimed by them was disallowed by the authorities below despite the fact that there is a positive recommendation from the D.G.T.D. to the effect that the machines are eligible for exemption and they are horological machines. Since they would be put to considerable financial hardship and the applicants being the Government Undertaking, the Tribunal in its interim order directed the release of the consignment on provisional assessment basis by taking personal bond without Bank Guar...
Dilip V. Tawade, Adv. Vs. Sanjay V. Tawade and Another
Court: Mumbai
Decided on: Feb-14-1991
Reported in: AIR1992Bom50; 1991(1)MhLj989
ORDER1. This is a caveator's Petition for reviewing the order dated 16th March 1990, under which probate was granted to the respondents who were the petitioners in the original Petition No. 233 of 1984 i.e. plaintiffs in Suit No. 5 of 1985. The parties will hereafter be referred to according to the position in Suit No. 5 of 1985. Suit No. 5 of 1985 (earlier filed as Petition No, 233 of 1984) was for probate of the propounded will dated 6th July 1982 of one Vishwas Vithal Tawade. Vishwas Vithal Tawade died on 31st August 1982 leaving behind his children as his heirs. Plaintiff No. 1 is the son of the deceased. The defendant (present applicant) is also one of the sons of the deceased. The defendant filed the Caveat and challenged the Will. The matter was heard ex parte on 16th March 1990 in the absence of the defendant and on evidence being taken the Caveat stood dismissed and probate was ordered to be issued to the plaintiff on his complying with the office requisitions of the Prothonot...
Shree Gujarati Harijan Co-operative Housing Society Ltd. Vs. Additiona ...
Court: Mumbai
Decided on: Feb-14-1991
Reported in: AIR1992Bom263; 1992(1)BomCR126
ORDER1. This petition under Article 226 of the Constitution is aimed against notice and order dated 2-11-1984 and 6-5-1985 respectively -- being at Exs. G and H to the petition.2. The petitioner is a Co-operative Housing Society registered on 18-10-1951 under the Bombay Co-operative Societies Act, 1925and therefore deemed to be registered under the Maharashtra Co-operative Societies Act, 1960': On 2-7-l954, the Collector of Bombay Suburban District addressed Ex.A to the petitioner mentioning therein that the State Government had sanctioned the grant to the Society of land measuring 2541 sq. yds. from out of plot Nos. 676, 677, 678 and 679 S.S. No. VII Khar. The grant was free of occupancy price on the assumption that the Society would collect necessary funds in due course and subject to various conditions. Condition No. (ii) was worded as follows :--'that the society shall not sell or in any way transfer by mortgage, lease etc., any of the plots out of the land to any person other than...
Sanjay Sayani Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-14-1991
Reported in: 1991(3)BomCR395
A.V. Savant, J.1. By this petition, the petitioner, who claims to be a Freelance Journalist, seeks to challenge the decision taken by the 2nd respondent/authority in its meeting held on 3rd November, 1990 which was communicated to the 5th respondent/contractor by the impugned letter at Exh. 'T' dated 20th November, 1990. Under the impugned letter, the 5th respondent/contractor has been informed as under:---'Your negotiated offer of Rs. 42,35,99,450/- (Rs. Forty Two Crores, Thirty Five Lakhs, Ninety Nine Thousand, Four Hundred Fifty only) for Phase-I work for Mass Project at Powai has been accepted by MHADA in its meeting held on 3-11-1990. The approval to the offer is on the terms and conditions hereinafter contained subject to suitable corrections if found necessary.' The 1st respondent is the State of Maharashtra; the 2nd respondent is the Maharashtra Housing and Area Development Authority, (for short the 'Authority'), which is a Body constituted under the provisions of the Maharasht...
Rama S/O Sakharam Jondhale (Deceased) Through Legal Representative and ...
Court: Mumbai
Decided on: Feb-14-1991
Reported in: 1991(3)BomCR510; 1991(1)MhLj1128
V.V. Kamat, J.1. This judgment would dispose of in all 144 Revision Applications filed by respective petitioners under section 18(iii) of the Land Acquisition Act, against the order of the Special Land Acquisition Officer, Marathwada Krishi Vidyapeeth, Parbhani, declining to make a reference to the Court as contemplated under section 18 of the Land Acquisition Act.2. The lands in question, together with the houses and other structures standing thereon, are sought to be acquired for the purposes of extention of the area of Marathwada Krishi Vidyapeeth, Parbhani, on the basis of notification under section 4 of the Act, punished in the Gazette on May 22nd, 1980. It appears that thereafter, provisions of section 6 and section 9 of the Land Acquisition Act were complied with, and, in the land acquisition proceedings before the Land Acquisition Officer, these claimants lodged their claims, inter alia, contending that alongwith lands in question, their residential houses are also acquired, as...
Bombay Mothers and Children's Society Vs. General Labour Union (Red Fl ...
Court: Mumbai
Decided on: Feb-14-1991
Reported in: 1991(3)BomCR451; 1991(1)MhLj921
S.M. Daud, J.1. This petition under Article 226 of the Constitution takes exception to an award of the Industrial Tribunal vis-a-vis demands 1 and 2 incorporated in the charter of demands submitted by the first respondent .2. Petitioner is a Society registered under the Societies Registration Act, 1860 as also the Bombay Public Trusts Act, 1950. It runs two hospitals viz. the Tilak hospital at Worli and Dr. Mhaskar Hospital at N.M. Joshi Marg, both in the metropolitan centre of Bombay. Each hospital has about 40 beds and apart from the hospitals, the petitioner is carrying on a number of subsidiary activities. For the performance of its activities including the running of hospitals, it has a staff numbering about 58. This is over and above the supervisory staff consisting of Doctors, Accountants and Teachers of Montessori classes. From the year 1970 till about July 1977 the petitioner was paying wages and allowances at rates paid to persons working in comparable establishments run by t...
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