Mumbai Court February 1991 Judgments
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Mahadeo Dhondu Budhe Vs. Sayyad Mahamud Sayyad Mohamad Nazir
Court: Mumbai
Decided on: Feb-13-1991
Reported in: AIR1992Bom51; 1991(3)BomCR508
ORDER1. The Respondent herein filed Regular Civil Suit No. 16 of 1985 for injunction against the petitioner. The Respondent prayed for permanent injunction restraining the Petitioner from disturbing his right of way and of his right to take water from the well. The Respondent also prayed for interim injunction by filing an application. On the said application, ad-interim injunction was granted on 28-6-1985, which came to be confirmed on 10-10-1985. Petitioner filed Civil Misc. Appeal challenging the said order, which was also dismissed. The petitioner herein did not obey the order of injunction and therefore the Respondent filed an application under Order 39 Rule 2 of the Civil Procedure Code for attachment of the property of the Petitioner and also for sending him to Civil Prison. An order came to be passed below the said application Exh. 65 to the effect that the property of the petitioner be attached and he should be detained in the Civil Prison as per Order 39 Rule 2A(1) of the Civ...
Vatsalabai Ganuji Shinde Vs. Maharashtra Housing and Area Development ...
Court: Mumbai
Decided on: Feb-13-1991
Reported in: 1991(3)BomCR462
B.N. Srikrishna, J.1. By this petition, the petitioner challenges the acquisition proceedings of certain property belonging to her under the provisions of the Maharashtra Housing and Area Development Act, 1976.2. Building Nos. 145-D, 145-E, 145-F and 147-151, situated at Sane Guruji Marg, Chinchpokli, Bombay 400 011, were owned by petitioner's husband Ganuji Shinde. Shinde died in 1972 and the petitioner became the owner of the said buildings. In Building No. 145-D, there were 17 tenements, out of which 15 were let out to tenants and two were in the possession of the petitioner. In Building No. 145-E, there were 54 tenements, all of which were tenanted. In Building No. 145-F, there were 62 tenements, out of which 60 were residential and two were let out for commercial purposes. In Building Nos. 147-151, there were 27 tenements, out of which 14 were occupied by tenants and 13 by the petitioner herself.3. On 14th June, 1976, the petitioner received a notice from the Bombay Municipal Corp...
Vishvanath Putu Chipkar and ors. Vs. Mormugao Port Trust by Its Chairm ...
Court: Mumbai
Decided on: Feb-13-1991
Reported in: 1991(4)BomCR39; (1991)93BOMLR220
G.D. Kamat, J.1. The petitioners and respondents Nos. 3 to 6 are the employees of Mormugao Port Trust, the first respondent. Mormugao Port is a Major Port under the Major Port Trust Act, 1963. Under section 3 thereof the Central Government constitutes a Board of Trustees for that port consisting of a Chairman, a Deputy Chairman and not more than 19 persons.2. The petitioners were initially appointed as Clerks between the period 1964 to 1966 and promoted as Senior Clerks in 1972-1973. Respondents Nos. 3 and 4 were appointed as Clerks in the year 1979, respondent No. 5 in 1982 and respondent No. 6 in 1983 and subsequently promoted is Senior Clerks.The next promotion for a Senior Clerks is that of Accountant. According to the petitioners based on seniority and otherwise nothing adverse found, they are liable to be promoted as Accountants, as on 31st August, 1987, respondent Nos. 4 and 5 on 5th September, 1988 and respondent No. 6 ad-hoc basis on 28th October, 1988. It is now set out that ...
Manilal Commodities Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-12-1991
Reported in: (1992)(59)ELT189Tri(Mum.)bai
1. All the three applications seek reference vide Sec. 130(1) of the Customs Act to the High Court, on the alleged questions of law arising out of the Order No. 1044 to 1048/WRB dt 12-7-1988 of this Bench, in Appeal Nos. 824/83, 825/86, 1011/83 and 1013/83.2. Out of the five appellants in those group of appeals, only three have come with a prayer for reference to the High Court.3. The applicants imported an item describing the same as "Soap Raw Material" claiming clearance under OGL as raw material for actual user (Industrial), to which the department objected on the ground that the same was "Palm Fatty Acid" which fell within Serial No. 368 of Appx. 3 of Policy AM 1981, and as such not permissible under OGL. The material was also got tested, by the Chief Chemist, who opined the item as containing Palm Fatty Acid, between 63.5% to 67.4%. The adjudicating authority, after issue of show cause notice, adjudicated holding the item as not importable under OGL, and hence ordered confiscatio...
Panama Industries and Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-12-1991
Reported in: (1991)38ITD80(Mum.)
1. This is a miscellaneous application arising out of the order of the Tribunal in I.T.A. No. 4283 (Bom.)/1983 decided on 19-10-1988.2. The Tribunal in this case was dealing with cross appeals by the assessee and by the revenue for the assessment year 1979-80. The issue arising in the miscellaneous application relates to the Tribunal's decisions in the appeal of the revenue bearing No. 4283 (Bom.)/1983.The brief facts relating to this appeal are as follows : The assessee is a registered firm carrying on business of manufacturing pharmaceuticals, drugs, etc. The raw materials arc purchased by the assessee and the manufacturing is done by an allied company named M/s.Wockhardt Pvt. Ltd. For the year ended 30-6-1978, the assessee paid a total amount of Rs. 33,22,486 as processing charges of Wockhardt P.Ltd. The assessing authority disallowed a sum of Rs. 12,64,212 as excess processing charges paid to Wockhardt P. Ltd. The Commissioner (Appeals) deleted such disallowance and hence the reve...
Cable Corporation of India Ltd. and Another Vs. the Municipal Corporat ...
Court: Mumbai
Decided on: Feb-11-1991
Reported in: AIR1992Bom21; 1991(1)MhLj899
1. Is the timber imported by petitioner No. 1 into Bombay for the preparation of wooden containers for cables and wires manufactured by it 'timber used forpreparation of Khokas only' leviable to octroi at 3% ad valorem vide Schedule H formulated u/S. 192 of the Bombay Municipal Corporation Act.2. Petitioners plead that they import timber in the form of sleepers and planks for preparation of khokas. The khokas are containers being wooden boxes or cylindrical drums made up of different sizes and shapes for encasing cables and wires. The cables and wires are manufactured by the petitioners and are packed into the containers aforementioned. The containers or khokas are manufactured by the petitioners in its carpentry section, the size and shape depending upon the orders received from customers. The timber imported for the manufacture of khokas is generally Assam Pine or Devdar. The said species of timber is then taken into the carpentry section of the petitioners where it is utilised for t...
Sunil Hansraj Gupta Vs. Payal Sunil Gupta
Court: Mumbai
Decided on: Feb-11-1991
Reported in: AIR1991Bom423; 1991(2)BomCR520; I(1993)DMC443; 1991(1)MhLj737
ORDERKurdukar, J. 1. This First Appeal is directed against an order dated September 11, 1990 passed by the Family Court, Bombay, on Notice of Motion No. 5908 of 1989 in M. J. Petition No. 1036 of 1989. By this impugned order, the learned Judge of the Family Court directed the Appellant-petitioner (who is hereinafter referred to as the 'husband') to pay Rs. 10,000/ - per month towards maintenance to the respondent-original respondent (who is hereinafter referred to as the 'wife) and Rs. 5,000/- to each of the two minor children from the date of the Notice of Motion. The learned Judge also directed the husband to pay Rs. 10,000/- to the wife toward costs for defending the M. J. Petition.2. M. J. Petition No. 1036 of 1989 is filed by the husband claiming a decree for judicial separation and for custody of the two minor children viz. Shikha and Sneha. This petition was originally filed on 14th September, 1989 in the Bombay City Civil Court at Bombay. During the pendency of the M. J. Petiti...
Sharadchandra Vinayak Dongre, and Others Etc. Vs. V. State of Maharash ...
Court: Mumbai
Decided on: Feb-11-1991
Reported in: 1991CriLJ3329
ORDER1. After hearing the parties at length, I had passed the following operative order on 1st February 1990 :- 'Heard Mr. V. R. Manohar with Mr. Rahimatoola and Mr. S. V. Manohar for the Petitioners and Mr. Gangakhedkar, A.P.P. for the State-Respondent. For reasons stated in the accompanying judgment, the Rule is made absolute to the extent that the order of issue of process and taking cognizance of the offence is quashed and set aside as also the order of condonation of delay. Writ be issued accordingly. This order shall govern the connected Criminal Application.' I now proceed to give the reasons for the aforesaid order. The judgment in present Criminal Application No. 531 of 1987 will also govern Criminal Applications Nos. 623, 624, 625, 626, 812 and 1868 all of 1987 as the facts are identical and they arise out of the same proceedings. 2. This Application u/S. 482 of the Criminal Procedure Code is directed against the order of the Chief Judicial Magistrate, Satara, dated 21st Nov...
Commissioner of Income-tax Vs. Western India Paper and Board Mills Pvt ...
Court: Mumbai
Decided on: Feb-11-1991
Reported in: (1991)97CTR(Bom)21; [1991]189ITR309(Bom)
T.D. Sugla, J.1. The Income-tax Appellate Tribunal has referred to this court only one question as a question of law for opinion under section 256(1) of the Income-tax Act, 1961. The question reads thus : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee-company was entitled to the deduction of Rs. 13,755 being its contribution to the provident fund in the case of its managing director for the assessment year 1972-73 ?' 2. The assessee is a company. It has been deducting certain amounts from the salaries paid to the managing director (it is clear from the record, whether managing director was one or more than one) on account of provident fund and has also been making its own contribution towards the same for quite some time. The proceedings herein pertain to the assessee's assessment for the assessment year 1972-73. The amount of salary is Rs. 3,000 per month and the amount paid by the assessee towards the provide...
Virendra Bhupatrai Mehta Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-11-1991
Reported in: 1991(3)BomCR636
S.M. Daud, J.1. The common question arising for determination in these three petitions in whether G.R. bearing No. USG. 1184/28042/(944)/High Education-4, issued by the Government of Maharashtra in Education and Employment Department on 22nd November 1985, is a valid exercise of power.2. Petitioners are part-time teachers in colleges who have changed institutions and want to get the benefit of G.R. No. USG. 1181/105145/(500)UNI-4 issued by the Government of Maharashtra in Education and Employment Department on 17th September 1982. The relevant portion of the 1982 G.R. read thus :---'A Teacher/Demonstrator/Tutor leaving one College/University and joining another College/University shall be entitled to annual increment on completion of one year's service in the old as well as the new post. In other words, the one year's period for increment should be calculated on the basis of the total service put in by the teacher in the new post as well as the old post taken together. The increment sh...
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