Mumbai Court September 1991 Judgments
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Raghavji Anandji and Co. Vs. Third Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-19-1991
Reported in: (1992)40ITD130(Mum.)
1. By this appeal, the assessee has challenged the order of the learned Commissioner (Appeals) dated 8-7-1987 for the assessment year 1979-80.2. The arguments of the learned counsel for the assessee and the learned Departmental Representative were heard.3. The solitary question raised in this appeal relates to the cancellation by the Income-tax Officer under Section 186(1) of the Income-tax Act of the registration granted to the assessee-firm for the assessment year 1979-80. The assessee-firm comprised of twelve partners with the constitution as specified in the partnership deed dated 29-6-1971. The firm was following Samvat year as its previous year and the previous year for the year under appeal ended with the Diwali of 1978 (12-1-1977 to 31-10-1978). This previous year was relevant to the assessment year 1979-80. One of the partners, viz. Shri Haridas Ratansey Lalji died on 8-7-1978. Clauses 7 and 8 of the partnership deed dated 29-6-1971 provide as follows: 7. The death or retirem...
Arun Prahlad Kale Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-19-1991
Reported in: 1992(2)BomCR547
1. The appellant assails his conviction under section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act as also under Section 161 of the Indian Penal Code imposed on him by the learned Special Judge, Pune, in Special Case No. 6 of 1981. The appellant has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 300/-, in default, to undergo rigorous imprisonment for two months on the first count, and to suffer rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default, to suffer rigorous imprisonment for one month on the second count. 2. It is alleged that the appellant-accused, who was at the relevant time a Sub-Engineer attached to the Maharashtra State Electricity Board and who was in-charge of sanctioning load, demanded illegal gratification in the sum of Rs. 50/- from Arvind Narayan Nagavekar for purposes of sanctioning the load in question. It appears that the amount was settles at 40/- and that on a complaint lo...
Suresh Baburao Bhandare Vs. Saswad Mali Sehakar Sakhar Karkhana Ltd. a ...
Court: Mumbai
Decided on: Sep-19-1991
Reported in: 1992(2)BomCR277; [1992(65)FLR702]; (1995)IIILLJ270Bom
Labour and Industrial - retrenchment - Sections 25F and 25FF of Industrial Disputes Act, 1947 - agreement of lease transfer by 2nd respondent (R2) to 1st respondent (R1) on 01.08.1971 under which management of R2 factory transferred to R1 factory - on 30.07.1981 lease revoked - surrender deed provided that management will be in hand of R2 from 30.07.1981 - according to agreement all liabilities arising between 01.08.1971 to 30.07.1981 had been undertaken by R1 - petitioner dismissed by R1 claimed reinstatement - Section 25FF provides employees of transferred undertakings entitled to only compensation unless continuity of service is uninterrupted - under Section 25FF petitioner will be compensated from date of termination to 31.07.1981 by R1 - Industrial Court decision granting only compensation justified.B.N. Srikrishna, J.1. This petition, under Article 227 of the Constitution of India, impugns the order of the Industrial Court, Aurangabad, dated 28th September 1984, made in Appeal (I...
Sham Ramchandra Sonawane Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-19-1991
Reported in: 1992(1)BomCR415
S.M. Daud, J.1. This is an application for bail by a person who is alleged to have committed offences punishable under sections 8(c) read with 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).2. The case against the applicant resulting in the registration of C.R. No. 13 of 1991 by the Narcotics Cell, Ghatkopar Unit, Bombay may be summarised thus :Police Inspector S.R. Pawar of the afore-mentioned Cell received an information on 4-2-1991 that three persons viz., Siraj, Naeem and the applicant Sham were to engage in a transaction of narcotics at about 16.30 hrs. near Vijaya Bank. S.V. Road at Santacruz, Bombay. The information was brought to the notice of the Deputy Commissioner of the Cell who ordered his subordinates to lay a trap. A trap was arranged and the police party set out with two panchas. The party took positions at the place mentioned above. At about 16.30 hrs. came three persons answering to the physical description received by the Cell vis-a-...
Khatri Builders Vs. Mohmed Farid Khan and ors.
Court: Mumbai
Decided on: Sep-19-1991
Reported in: 1992(1)BomCR305
A.V. Savant, J.1. This appeal seeks to challenge the order dated 19th March 1979 passed by the City Civil Court in Notice of Motion No. 4996 of 1978 taken out by the plaintiffs in their Suit No. 6861 of 1978. The suit has been filed on the 26th December 1978 by 17 plaintiffs, who are the Flat Owners in a building called 'Aashiana' situate at 22. Club Road (Maratha Mandir Road), Bombay 400 008. The said 17 plaintiffs are respondents Nos. 1 to 17 in this appeal. The appellant in this appeal viz. M/s. Khatri Builders is defendant No. 1 in the said suit. Defendants Nos. 2, 3 and 4 are the other Fat owners, who are respondents Nos. 18. 19 and 20 in this appeal. The suit has been filed for the relief of injunction restraining the first defendant promoter from constructing any additional structure or construction on the terrace of the building 'Aashiana'.2. It appears that in 1976 the plaintiffs entered into the usual agreement for purchase of flats in the building to be constructed by 'the a...
Collector of Central Excise Vs. Maradia Steel (P) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-18-1991
Reported in: (1992)LC374Tri(Mum.)bai
1. The aforesaid Reference Applications have been brought by the Department seeking for a reference to the High Courts of Bombay and Gujarat on certain points of law arising out of this Bench's common Order No. 2310-14/90-WRB, dated 24-10-1990. In the aforesaid order, this Bench dismissed the five appeals from the Department against the orders in appeal passed by the Collector of Central Excise (Appeals).In all the said appeals from the Department, the common issue was the question of applicability of period of limitation under Section 11A of the Central Excises and Salt Act, 1944 - (hereinafter referred to as the "Central Excises Act") in respect of demands issued, for recovery of MODVAT Credits, which have been wrongly availed of, by invoking the provision of Rule 57-I of the Central Excise Rules, 1944, as it stood prior to amendment effected on 6-10-1988. The appeals from the Revenue were dismissed based on the decisions given earlier on the same issue under this Bench's Order No. ...
The Podar Mills Limited Vs. State Bank of India and Others
Court: Mumbai
Decided on: Sep-18-1991
Reported in: AIR1992Bom277; (1992)94BOMLR822; [1994]79CompCas455(Bom)
ORDERBharucha, J.1. By the order under appeal the learned single Judge, upon the Notice of Motion taken out by the plaintiffs, appointed the Court Receiver receiver of immoveable property at Jaipur belonging to the 1st defendants and of goods, stocks, machineries and moveables therein and of book-debts. He directed the Court Receiver to appoint the 1st defendants his agents in respect of the machinery, fittings, fixtures and immoveable property at Jaipur on such terms and conditions as he thought proper. Further, he gave liberty to the Court Receiver to sell the machines and the moveables and retain the sale proceeds with himself in the event that the 1st defendants were not willing or not in a position to accept the terms of the agency. The 1st defendants are in appeal.2. The plaintiffs are the Stale Bank of India. The suit is filed against the 1st defendants for recovery of the sum of Rs. 13,59,49,986.59 due by the 1st defendants under a cash credit account and the sum of Rs. 1,16,58...
Podar Mills Ltd. Vs. State Bank of India and Others
Court: Mumbai
Decided on: Sep-18-1991
Reported in: 1991(4)BomCR82
S.P. Bharucha J.1. By the order under appeal the learned single judge, upon the notice of motion taken out by the plaintiffs, appointed the court receiver as receiver of immovable property at Jaipur belonging to the first defendant and of goods, stocks, machinery and movables therein and of book debts. He directed the court receiver to appoint the first defendants his agents in respect of the machinery, fittings, fixtures and immovable property at Jaipur on such terms and conditions as he thought proper. Further, he gave liberty to the court receiver to sell the machines and the movable and retain the sale proceeds with himself in the event that the first defendants were not willing or not in a position to accept the terms of the agency. The first defendants are in appeal. 2. The plaintiffs are the State Bank of India. The suit is filed against the first defendants for recovery of the sum of Rs. 13,59,49,986,59 due by the first defendants under a cash credit account and the sum of Rs. ...
Smt. Indu Bhagya Natekar Vs. Bhagya Pandurang Natekar and Otheirs
Court: Mumbai
Decided on: Sep-18-1991
Reported in: 1992(1)BomCR390; 1992CriLJ601
1. An issue of immense sociological importance has been thrown up for a decision in this appeal, which I am summarising as follows : What is the degree and nature of proof that is required for purposes of establishing an offence under Section 494 of the Indian Penal Code; and more importantly, is it obligatory that the complainant must as of necessity prove that all necessary rites and ceremonies have been complied with in respect of the alleged second marriage Conversely, whether a conviction for bigamy is sustainable if there is other reliable evidence to establish the charge 2. The offence of bigamy, hits at the very root of the social institution of marriage and the framers of the Indian Penal Code have categorically classified it as a serious criminal offence, having regard to its deleterious fall out on the subsisting marriage. This offence is often alleged but rarely held to be proved before the Courts. While interpreting Section 494, IPC, which has been the subject-matter of ma...
State of Maharashtra Vs. Ashok Narayandas Sabnai
Court: Mumbai
Decided on: Sep-18-1991
Reported in: 1991LC324(Bombay); 1992(58)ELT208(Bom)
1. The State of Maharashtra, at the instance of the Customs Authorities, has filed this appeal, which is directed against an order of acquittal dated 4-1-1984 passed by the learned Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, in Case No. 60-CW of 1983. 2. I have heard Mr. Kothari, learned Public Prosecutor and Mr. Gupte, learned Counsel appearing on behalf of the Respondent. Mr. Kothari submits that the learned Magistrate has acquitted the accused in this case on the ground that the Accused No. 1 is absconding, Accused No. 3 has been discharged and the evidence of the Customs Officer is insufficient for the purpose of convicting the present accused. The restricted submission of Mr. Kothari is that the present accused was alleged to have been instrumental in keeping a consignment of contraband in the house of his father-in-law, who is the Original Accused No. 1. After the contraband was seized, the accused persons were arrested and a statement under Section 108 of the Cu...
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