Mumbai Court June 1991 Judgments
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Eknath S/O Raghoba and ors. Vs. Somla S/O Lalu Lamani Through His Lega ...
Court: Mumbai
Decided on: Jun-27-1991
Reported in: 1991(3)BomCR519
N.P. Chapalgaonker, J.1. This is a petition by purchaser - landlords challenging an order of the Deputy Collector (Land Reforms), Beed, passed under section 98-A of the Hyderabad Tenancy & Agricultural Lands Act, 1950 directing restoration of possession to the tenants being purchasers. It appears that Devidas and Vaijnath and their brothers were the original owners of lands Survey Nos. 10-A, 10-E, 14-A and 14-E situated at village Morambi in Ambajogai taluka of Beed District. These lands came to be purchased by present petitioners by a registered sale-deed which was executed by owners on 16th July, 1957. It is the case of petitioners that a proper permission as was required then under section 47 of the Hyderabad Tenancy and Agricultural Lands Act was obtained for the execution of the sale-deed and though the respondents had originally objected for the issue of such permission, had subsequently withdrawn that objection and consented to the grant of permission in favour of the purchasers...
Natwarlal Joitram Raval Vs. Commissioner of Income Tax and ors.
Court: Mumbai
Decided on: Jun-27-1991
Reported in: (1993)115CTR(Bom)518
S. P. BHARUCHA, J. :The appeal filed by the writ petitioner impugns the order of summary rejection of his writ petition. At the stage of the admission of the appeal, the Division Bench took the view that 'at the hearing of the appeal what should be gone into is not only the propriety of the order rejecting the writ petition in limine but the entire writ petition on merits ....'. We have, accordingly, treated the writ petition as having been admitted and so heard the matter.2. The writ petitioner (whom we shall refer to as 'the assessee') was, according to the returns of income filed by him, carrying on the business of running a saving unit scheme. He was assessed to income-tax for the asst. yrs. 1974-79 onwards under s. 143(1) of the IT Act, 1961. During the course of the assessment proceedings for the asst. yr. 1980-81, the ITO noticed transactions in the assessees book of account which he found suspicious. He impounded the books of account. On 26th November, 1981, he carried out a su...
Union of India Vs. Rakesh Enterprises
Court: Mumbai
Decided on: Jun-26-1991
Reported in: 1991LC23(Bombay); 1991(56)ELT39(Bom)
Bharucha, J. 1. The learned single Judge allowed the writ petition filed by the respondents. The appeal is filed the reagainst, and we may at once mention that the appeal is devoid of merit. 2. The petitioners placed orders for the import of phenol U.S.P. from Japan. The indented quantity was 26 metric tons. The same arrived in Bombay on 8th September 1982. The petitioners filed, on 1st September 1982, five bills of entry in respect of the consignment. It was the case of the petitioners that phenol USP was a basic drug or a pharmaceutical or drug intermediate which qualified for exemption from excise duty under the provisions of an Exemption Notification dated 1st March 1975, bearing No. 55 of 1975. The Assistant Collector of Customs, however, levied countervailing duty upon the consignment at the rate of 8%, being the rate specified in the residuary item (Item 68) of the First Schedule to the Central Excises and Salt Act, 1944. The order of the Assistant Collector of Customs was impug...
Dadu Nagu Upashe of Aitwade Khurd Vs. Shri Warna Sahakari Sakhar Karkh ...
Court: Mumbai
Decided on: Jun-26-1991
Reported in: [1991(63)FLR326]; (1994)IIILLJ560Bom
H.H. Kantharia, J.1. The petitioner, Dadu Nagu Upashe, was in the employment of the first respondent, Shri Varna Sanakari Sakhar Karkhana Limited, Warnanagar, Talpanhala, Dist, Kolhapur (hereinafter referred to as 'the Karkhana') as a seasonal permanent employee. The record of the Karkhana revealed the date of birth of the petitioner as July 15, 1920. As per the Standing Orders governing the parties, the superannuation age was fixed at 58 years, though a power was vested in the management of the Karkhana to continue the services of a particular employee even after the prescribed period, if so found necessary. However, thereafter there were recommendations of the Sugar Wage Board styled as 'Second Central Sugar Wage Board Sugar Industrial Gratuity Scheme' and under the provisions of Clause 3 thereof, the superannuation age was fixed at 60 years. Certain procedure was prescribed therein for fixing the exact age of the employee on the basis of declaration form which was to be attested by ...
Mala Ramesh Pherwani of Bombay Vs. Ramesh Pherwani of Bombay
Court: Mumbai
Decided on: Jun-26-1991
Reported in: 1991(93)BLJR784; 1991(3)BomCR116; I(1993)DMC475; 1991(1)MhLj1188
V.P. Tipnis, J.1. This appeal, which was admitted on 21st June, 1991, was taken up for final hearing forthwith with the consent of the parties as the issue raised in the appeal was capable of being disposed of quickly and the issue also is likely to be raised in several cases.2. The respondent husband commenced proceedings before the Family Court for Greater Bombay by M.J. Petition No. A-387 of 1990 against the appellant wife for a decree of divorce on the grounds of cruelty and desertion.3. During the pendency of the said petition and different applications between the parties, the appellant wife made an application to the learned Judge of the Family Court at Exh. 9 on 11th April, 1991 praying that she should be permitted to be represented by Advocate or Solicitor for pleading on her behalf in the interim maintenance application. In the application, she asserted that the matter in dispute, relating to her application for maintenance, involves complicated questions of facts and law, he...
Subhash S/O Sitaram Chaudhari and ors. Vs. State of Maharashtra and or ...
Court: Mumbai
Decided on: Jun-26-1991
Reported in: 1991(4)BomCR239; (1991)93BOMLR735
ORDER1) Criminal Writ Petition No. 132 of 1989The petition has become infructuous on account of expiry of the term of two years of externment during the pendency of this proceeding. Hence dismissed. Rule discharged.2) Criminal Writ Petition No. 250 of 1990The writ petition is dismissed. Rule discharged.3) Criminal Writ Petition No. 52 of 1991Writ petition is dismissed. Rule discharged.4) Criminal Appln. No. 781 of 1990 in Cri. W.P. No. 132 of 1990The application is summarily dismissed.The copies of the operative part of the order be furnished to the Advocates of the parties immediately....
Shankar S/O Vithoba Bahare Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-26-1991
Reported in: 1991(4)BomCR70; (1991)93BOMLR749
M.S. Vaidya, J.1. Rule returnable forthwith A.P.P. waives notice. Heard the Advocates and perused Police papers on 20th May, 1991. 400 Grams of Ganja is said to have been attached from the custody of the petitioner in the market place at village Karmad. The police papers show that the F.I.R. for the offence was lodged on 20-5-1991 and a panchanama of even date was produced at the police station. Statements of three policemen also appear to have been recorded on the same day. Since then, no further investigations appear to have been made. The sample of the attached medical article also doesn't appear to have been sent to Chemical Analser, as yet. The learned Advocate for the petitioner contended that the quantity of 400 grams was a small quantity as per the Government S.O. No. : 827(E) dated 14th November, 1985 published in the Government of India Gazette, Part II, dated November, 1985. He prayed that the petitioner be released on bail in view of the small quantity.2. Normally, in cases...
Sunita Plastic Industries and anr. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jun-26-1991
Reported in: 1991(36)LC473(Bombay)
ORDERM.L. Pendse, J.1. By this petition filed under Article 226 of the Constitution of India, petitioner No. 1 which is a partnership firm and petitioner No. 2 who is one of the partner are challenging legality of order dated February 25, 1991 passed by Additional Chief Controller of Imports and Exports directing that the partne.-ship firm and the partners (1) Pradeep Ravani, (2) Smt. U.L. Ravani, (3) Smt. P.M. Ravani and (4) A.L. Ravani should not be granted any import licenses--CCPs--obtaining allotment of imported goods from any canalising agencies and/or from importing any goods from February 6, 1991 to March 31, 1993 up to 50% of their entitlement. A fiscal penalty of Rs. 10,00,000/- was also imposed on the firm and the partners. After perusing the petition and the order, we are, prima facie, of the opinion that the firm and its partners are guilty of committing contempt of the Supreme Court and have also committed criminal offences and are liable to prosecution. Before we proceed...
First Income-tax Officer Vs. G. Delaforge
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-25-1991
Reported in: (1991)38ITD528(Mum.)
1. This is an appeal by the revenue against the order of the CIT(A), for the assessment year 1982-83.2. The short question involved in this appeal is as to what would be the value of food taken by the assessee in a hotel, the cost of which was borne by the employer, Banque Indosuez. For the period from 1-4-1981 to 31-3-1982, the food charges were Rs. 62,208. The ITO brought this amount to tax as expenses on food provided to the assessee, in his opinion, would be perquisites assessable in the hands of the assessee. The CIT(A) reduced the addition to Rs. 13,000, adopting the value of the perquisites @ Rs. 2,000 per month for the period from 21-9-1981 to 31-3-1982, as the food expenses for the period prior to 21-9-1981 could not, in his opinion, be treated as perquisites. He, therefore, directed the ITO to delete the addition of Rs. 49,208 from the assessment of the assessee.3. The revenue is aggrieved and submitted that the reimbursement of food expenses incurred in a hotel by the asses...
inder Chand JaIn Vs. the Institute of Chartered Accountants of India a ...
Court: Mumbai
Decided on: Jun-25-1991
Reported in: AIR1992Bom31; 1992(1)BomCR12; 1991(2)MhLj1272
ORDERPendse, J.1. Rule, returnable forthwith.Shri Tulzapurkar waives service on behalf of the respondents.Petition is taken up immediately for hearing in view of urgency of the matter.1. The Institute of Chartered Accountants of India is a body incorporated under Section 3 of the Chartered Accountants Act, 1949, and has been formed with the object of regulating the profession of Chartered Accountants. Respondent No. 2 is the Secretary of the Association. Section 9 of the Act provides for constitution of the Council of the Institute and prescribes that the affairs of the Institute shall be managed by the Council. The Council comprises of not more than 24 persons elected by members of the Institute from amongst the fellows of the Institute and six persons nominated by the Central Government. Sub-section(1) of Section 10 provides that elections shall be conducted in the prescribed manner. Section 30 of the Act confers power upon the Council to make regulations for the purpose of carrying ...
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