Mumbai Court April 1991 Judgments
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Sureka Coated Tubes and Sheets Ltd. Vs. Union of India
Court: Mumbai
Decided on: Apr-24-1991
Reported in: 1991(56)ELT289(Bom)
Bharucha, J. 1. This writ petition impugns three query memos issued by the Customs authorities to the petitioners in respect of certain imports made by them. 2. The petitioners manufacture steel scaffolding tubes and use for that purpose secondary steel sheets, coils, strips, coated and uncoated. On 10th November 1988 a concern in Japan, Titanco Anslat, placed upon the petitioners a purchase order for 5,000 MTs. of newly rolled galvanised welded steel scaffolding tubes of the FOB value of Rs. 4,25,00,000/-. On 9th January 1989 the petitioners applied to the Chief Controller of Imports & Exports for the grant of an advance licence to enable them to import the raw-material aforementioned. On 22nd February 1989 the petitioners were issued an advance licence which entitled them to import 4,882 MTs. of 'secondary sheets/coils/strips, coated/uncoated' of an aggregate value of Rs. 2,65,95,000/- and certain zinc ingots, with which we are not concerned. Under the terms of the licence the petiti...
Prakash Supdu Chaudhari Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-24-1991
Reported in: 1992(1)BomCR588
N.P. Chapalgaonkar, J.1. On 28-8-1990 and 11-9-1990, identical notices were served on the petitioner purporting to be under section 59 of the Bombay Police Act, 1951, intimating protest action under section 56 of the said Act on the ground that he is facing trial in two Criminal Cases arising out of Crime No. 157 of 1987 and 105 of 1989 registered at Yawal Police Station and is likely to commit similar offences again and, therefore, he should show cause as to why he should not be externed from the limits of districts of Jalgaon, Dhule, Nashik, Buldhana and Ahmednagar. On the basis of these contentions an externment order came to be passed by the learned Sub-Divisional Magistrate, Jalgaon on 4-10-1990 directing the petitioner to remove himself from the districts of Jalgaon, Dhule, Nashik, Ahmednagar and Buldhana for a period of one year. This order was challenged in an appeal under section 60 before the State Government but the State Government was pleased to dismiss this appeal while l...
Union Bank of India Vs. Avinash P. Bhonsle
Court: Mumbai
Decided on: Apr-24-1991
Reported in: 1991(3)BomCR735; (1991)93BOMLR282
M.S. Deshpande, J.1. This appeal by the original plaintiff is directed against the decree dismissing the claim in so far as it was made against the defendant No. 3 who is alleged to have been a guarantor for the payment of the loan advanced by the plaintiff to the defendant Nos. 1 and 2, a decree having been passed against the defendant Nos. 1 and 2 in the sum of Rs. 60,221.95 with interest at the rate of 17 percent per annum from 18th of March, 1980. The case of the plaintiff was that a loan of Rs. 37,000/- was advanced to the defendant Nos. 1 and 2 on August 29, 1977 for the purpose of purchasing one Tempo Matador Diesel Van to be utilized in their business and a cash credit limit upto Rs. 7,500/- was also granted. On August 29, 1977 the defendant Nos. 1 and 2 executed a promissory note and a hypothecation bond against the amount of Rs. 37.500/- paid in cash. The third defendant in consideration of the plaintiff having agreed to grant accommodation to the first and second defendants,...
Mrs. Safia Nazir ShamshuddIn Dawood Muslim Vs. L. Hmingliana and Other ...
Court: Mumbai
Decided on: Apr-23-1991
Reported in: 1991(3)BomCR610; 1992CriLJ363
H.H. Kantharia, J.1. The petitioner here is the mother of one Ali Shamshuddin Dawood (hereinafter referred to as 'the said detenu'). She challenges the order of detention dated October 5, 1990 passed against her son, the present detenu, in this writ petition under Art. 226 of the Constitution of India. 2. It is not dispute that the detention order dated October 5, 1990 and the grounds of detention of the same date were served on the detenu on October 11, 1990. 3. The impugned detention order was based on the allegations against the detenu that on the basis of information the officers of Narcotics Control Bureau, Bombay intercepted the detenu along with Sarwar Afzal Khan and one Mohamed Ali Hussain at Sahar Airport when the detenu was to travel from Bombay to Nairobi by Kenya Airways Flight KQ 203/28-2-90 ETD 15.20 Hrs. (Rescheduled). On being asked, each of the above said persons identified two suit cases as the baggage. The detenu was then asked to produce his travel documents. He and...
Akber A. Dehgamwalla Vs. Commissioner of Wealth-tax
Court: Mumbai
Decided on: Apr-23-1991
Reported in: [1992]195ITR17(Bom)
T.D. Sugla, J.1. Wealth-tax Reference No. 5 is at the instance of the Department. Wealth-tax Reference No. 12 involves cross-references, i.e., both at the instance of the assessee as well as the Department. The assessee's reference relates to the assessment years 1963-64 and 1964-65 only whereas the references at the instance of the Department relate to the assessment years 1963-64 to 1969-70 (both inclusive). 2. So far as the assessee's reference is concerned, the Tribunal has referred to this court only one question of law for opinion under section 27(1) of the Wealth-tax Act, 1957. The question reads thus : W. T. R. No. 12 of 1977 : 'Whether the proportionate tax liability of Rs. 78,000 on account of disclosure made under section 68 of the Finance Act, 1965, was a debt owed in terms of section 2(m) of the Wealth-tax Act, 1957 and, therefore, deductible in computing the net wealth of the assessee for each of the assessment years 1963-64 and 1964-65 ?' 3. Counsel are agreed that, in v...
Controller of Estate Duty Vs. Sir Hirji Jehangir and Lady Hirabai C. J ...
Court: Mumbai
Decided on: Apr-23-1991
Reported in: [1992]195ITR496(Bom)
T.D. Sugla, J.1. These are cross-references, two at the instance of the Department and one at the instance of the accountable person. The Tribunal has referred to this court the following questions of law for opinion under Section 64(1) of the Estate Duty Act, 1953 :R. A. No. 1246/(Bom) of 1975-76. At the instance of the Controller : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the trust properties consisting of the movable assets of the value of Rs. 22,29,444 and the immovable property known as 'Readymoney house' at Veer Nariman Road, Bombay, of the value of Rs. 4,64,000 did not pass on the death of the deceased under Section 5 or Section 7 or Section 11 of the Estate Duty Act, 1953 ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the property known as 'Garden Reach' situated at Poona is not to be included in the principal value of the estate of the deceased under Section ...
Saroj Sandesh Naik (Bhosale) Vs. Suryakant Venkatrao Mahadik
Court: Mumbai
Decided on: Apr-23-1991
Reported in: 1991(4)BomCR488
H. Suresh, J.1. The petitioner, a candidate of the Indian National Congress (Congress-I) contested the election for the Maharashtra Legislative Assembly from Constituency No. 48, that is, Nehru Nagar Constituency. The elections were held on 27th February, 1990. the respondent is the candidate belonging to Shiv Sena. He won the election by a margin of about 7212 votes. He secured 40, 409 votes as against his nearest rival candidate one Shri Rashid, who secured 33, 197 votes, whereas the petitioner secured only 23,783 votes. The petitioner has challenged this election in this petition. She is only asking for a declaration that the election of the respondent be declared as null and void on the ground that the respondent and his election Agent and/or his party workers, with the consent of the respondent or his Election Agent, have committed corrupt practices as defined under section 123(3) and 123(A) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act of 1951...
Jagannath Maruti Tekade Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-22-1991
Reported in: 1992(1)BomCR255; 1991(1)MhLj976
M.F. Saldanha, J.1. The appellant in this case, at the relevant time working as a clerk under the Executive Magistrate at Nasik, was tried for a corruption charge in Special Case No. 2 of 1982 by the Special Judge, Nasik. The allegation against the accused was to the effect that on 23-6-1982, he is alleged to have demanded and received an amount of Rs. 100/- as illegal gratification from the complainant Madhukar on the basis of an assurance to him that the chapter proceedings which he was facing would be disposed of. The Anti-corruption Police had laid a trap on that day and the complainant along with one panch witness Pawar are alleged to have handed over the marked currency notes which were found in the drawer of the table on which the accused used to work. The incriminating circumstance against the accused was that anthracene powder was found on his thumb and three fingers of his right hand. The accused was charge-sheeted, tried and convicted by the learned Special Judge, both under...
Commissioner of Income Tax Vs. Late Shri Gulab Hussen Bairagdar. (by L ...
Court: Mumbai
Decided on: Apr-22-1991
Reported in: (1992)107CTR(Bom)193
ORDERT. D. SUGLA, J. :Mr. Inamdar, the learned counsel for the respondent-assessee and Dr. Balasubramanian, the learned counsel for the Revenue, have been heard.2. Apart from the fact that Dr. Balasubramanian is not able to tell us as to what happened in the earlier years, in regard to which also the reference applications are said to be pending, we find that the Tribunal has given a finding of fact that the two amounts of Rs. 10,000 each were given to the two daughters-in-law from his first wife by the assessee in order to settle the dispute between him and his first wife. The finding that the amounts were paid by way of settlement of dispute between the assessee and his first wife is a finding of fact. The conclusion from that finding that the payments made were for adequate consideration cannot stand on a different footing.3. In the circumstances, there is no point in making the rule absolute. Hence, rule discharged....
Godavari Sugar Mills Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Apr-20-1991
Reported in: (1991)97CTR(Bom)141; [1992]193ITR756(Bom)
D.R. Dhanuka J.1. The Income-tax Appellate Tribunal has referred the following two questions to this court for decision under section 256(1) of the Income-tax Act, 1961 : '(1) Whether, on the facts and circumstances of the case, the Tribunal erred in law in valuing the sugarcane produced by the applicants from its agricultural farms and crushed at its Sakarwadi and Laxmiwadi factories at Rs. 51 per metric tonne and Rs. 51.40 per metric tonne instead of Rs. 52 per metric tonne and Rs. 52.40 per metric tonne claimed by the applicants (2) Whether, on the facts and circumstances of the case, the Tribunal erred in law in allowing extra shift depreciation of Rs. 2,33,808 instead of Rs. 3,71,888 claimed by the applicants as seasonal industry ?' On or about February 17, 1977, the attorneys for the applicants had taken out Notice of Motion No. 156 of 1977 for a direction to the Income-tax Appellate Tribunal to refer certain additional questions to this court. Accordingly, the following questio...
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