Mumbai Court January 1992 Judgments
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V.M. Bhandari Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Jan-14-1992
Reported in: 1992(2)BomCR58
K. Sukumaran, J.1. A public grievance is sought to be ventilated in this writ petition. It concerns the allotment of the Cross Maidan of Bombay for the conduct of an exhibition , to Adivasi Seva Samiti of which, the 3rd respondent, a Cabinet Minister in the Government of Maharashtra, is the Chairperson. 2. The guide-lines for allotment are those contained in the annexures to Exhibit 'D' to the writ petition. 3. The 2nd respondent is a Public Trust registered under the Public Trusts Act. It therefore, comes within the enumerated categories of persons who could be allotted the use of the Maidan, under Rule 3. The return has given particulars to establish that no eligible person in Clauses (i) to (vi) of Rule 3 was available for allotment. The petitioner does not have a case about such categories having been available for allotment. 4. The substantial contention is about overlooking of priority as postulated in the guidelines. The dispending order of priority is indicated in Rule 16. They...
Nandbai Mohan Dangale Vs. Mohan Thaku Dangale and ors.
Court: Mumbai
Decided on: Jan-14-1992
Reported in: II(1992)DMC65
H.H. Kantharia, J.1. This appeal arises from the judgment andorder passed by the learned Third Extra Assistant Judge, Pune on 7th June,1984 in Miscellaneous Civil Application No. 60 of 1984 partly allowing theappellant's application for custody of her minor daughter Chandrakala andrejecting the same for the custody of minor son Vaibhav.2. The relevant facts giving rise to the appeal are as under:'The appellant is the second wife of the first respondent. Thesecond respondent is said to be the mother of the first respondent andthe third respondent is the first wife of the first respondent. Themarriage between the appellant and the first respondent took placeabout eight years prior to making of the application in the year1984. Thereafter they stayed as husband and wife at village KadusDangleshwar of Khed taluka in Pune District. During this time,the appellant gave birth to four children out of whom one died.Respondent No. 3 who is the first wife of the first respondent didnot give birth t...
Anandji Meghji Vs. Shriniwas Tabura Shetty and Others
Court: Mumbai
Decided on: Jan-13-1992
Reported in: AIR1992Bom510; 1992(3)BomCR284
ORDER1. A rather unusual dimension relating to the invocation of the High Court's powers under Art. 227 of the Constitution of India is involved in this and the companion petitions, all of which constitute one group. Whereas the petitioner contends that interference from this Court is essential for the purpose of ensuring that the Respondents do not use the laws delays involved in disposal of proceedings to their unfair advantages and thereby frustrate what he is legally and lawfully entitled to do, the opposite parties arguethat Art 227 of the Constitution cannot beinvoked, circumstances regardless, for mereexpedition of the suits. The facts are rathertelling, and on hearing the parties, it didappear that this was one of the perhaps raresituations where interference would be justfied.2. First the facts. The entire set of suits is pending before the Court of Small Causes at Bombay. The Petitioner is the owner of Baithi Chawl, situated at Lalbaug in Bombay, which happens to be a very co...
Commissioner of Income-tax Vs. Jafarbhai Akbarali and Bros.
Court: Mumbai
Decided on: Jan-13-1992
Reported in: [1995]211ITR496(Bom)
V.A. Mohta J. 1. At the instance of the Revenue, the following question is referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961 ('the Act') : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in allowing the expenditure of Rs. 20,908 incurred on replacement of body and diesel engine of the van as revenue expenditure?' 2. The basic facts leading to this reference are : The assessee deals in the business of manufacturing and sale of fire crackers. It had an old petrol van which was used for the purposes of business. A sum of Rs. 20,908 was spent on the said vehicle. The old petrol engine was replaced by a new diesel engine and the old body by a new body. For the assessment year 1976-77, deduction of that amount was claimed under the head 'Revenue expenditure'. The Income-tax Officer disallowed the claim on the ground that the expenditure was of capital nature. The disallowance was maintained by the Commissio...
Tatoba Bhau Savagave (Since Deceased by Heirs Smt. Tatoba Savagave) an ...
Court: Mumbai
Decided on: Jan-10-1992
Reported in: AIR1992Bom358; 1992(1)MhLj267
ORDER1. This petition by the tenants involves a neat question of law as to the interpretation of the provisions of S. 43-1B of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the Tenancy Act'). In particular, the question involved is whether for calculating the ceiling area for the purpose of clause (a) of sub-s. (1) of S. 43-1B of the Tenancy Act, any land in actual possession of the landlord outside the State of Maharashtra can be taken into account, The contention of the petitioners tenants is that the land in actual possession of the landlord, though such land may be situated outside the State of Maharashtra should be considered while calculating the ceiling area. The contention of the contesting respondent No. 1-landlord, obviously, is that such a land in his possession outside the State of Maharashtra should not be calculated in his holding for the purpose of determining the ceiling area under clause (a) of sub-sec. (1) of S. 43-1B of the Tenancy Act. A few facts ...
Omprakash Bhojraj Maniyar Vs. Swati Girish Bhide and Others
Court: Mumbai
Decided on: Jan-10-1992
Reported in: 1992(2)BomCR106; 1992(1)MhLj302
S.S. Dani, J.1. These four revision petitions are being decided and disposed of by this common judgment, inasmuch as they involve common question of law and fact. 2. Criminal Revision Application No. 243 of 1991 is filed against the order dated January 5, 1991, passed by the Additional Sessions Judge, Amalner, in Criminal Revision Application No. 59 of 1990 quashing the issuance of process under section 138 of the Negotiable Instruments Act, 1881, against the present respondents Nos. 1 and 2. Criminal Revision Application No. 244 is also directed against the order dated January 5, 1991, passed by the same court in Criminal Revision Application No. 57 of 1990 quashing the similar issuance of process. In these two criminal revision applications, the present petitioner, Omprakash, is the original complainant, while the present respondents Nos. 1 and 2 are the original accused persons. 3. Criminal Revision Application No. 245 of 1991 is directed against the order dated January 5, 1991, pas...
Syndicate Bank Vs. Dashrath Narahari Narvekar
Court: Mumbai
Decided on: Jan-10-1992
Reported in: [1993]76CompCas139(Bom)
M.L. Dudhat J.1. Letters Patent Appeal No. 7 of 1989 and Letters Patent Appeal No. 25 of 1990 are arising out of the same proceedings and we are disposing of the same by a common judgment. 2. Letters Patent Appeal No. 7 of 1989 is filed by the present appellant against the judgment and decree passed by the single judge of this court (*), in First Civil Appeal No. 16 of 1987 whereby the single judge of this court set aside the judgment and decree dated October 30, 1986, passed by the Civil Judge, Senior Division, Mapusa. A few facts which are material for the disposal of both these Letters Patent Appeals are as under : 3. The appellant in this case is the original defendant-bank. The respondent/original plaintiff filed a suit, being Suit No. 123 of 1986, before the Civil Judge, Senior Division, Mapusa. The plaintiff/present respondent contended that the defendant bank advanced a loan of Rs. 1,12,000 to the plaintiff by way of loan for purchase of a second hand Leyland bus in the year 19...
Union of India Vs. United India Insurance Co. Ltd.
Court: Mumbai
Decided on: Jan-10-1992
Reported in: 1993ACJ437; (1992)94BOMLR357; [1995]82CompCas798(Bom); 1992(2)MhLj1193
V.A. Mohta J.1. This appeal by the Union of India represented by the General Manager, Central Railway, and the General Manager, Northern Railway, is directed against the judgment and decree for damages to the tune of Rs. 88,300 with consequential reliefs passed in favour of the respondent-plaintiff, the United India Insurance Co. Ltd. 2. Sagarmal Newatia and Sons (hereinafter referred to as 'the firm') had despatched from Shegaon a Central Railway station - 100 bales of cotton to Jagajit Cotton Textile Mills Ltd. (hereinafter referred to as 'the mills') at Fagwara, a Northern Railway station, under two different railway receipts Nos. D-114698 and D-114699, both dated May 25, 1979, and each for 50 bales. The firm was shown as the consignor and the mills as the consignee in the railway receipts. The goods despatched were insured with the plaintiff-insurance company. All the 100 bales were booked in one covered wagon No. CR 25562. When the goods reached the destination on June 16, 1979, i...
Chandrakant Alias Bala Ramchandra Kadam Vs. S. Rammurthi, Commissioner ...
Court: Mumbai
Decided on: Jan-10-1992
Reported in: 1993CriLJ671; 1992(1)MhLj826
Mrs. Sujata Manohar, J.1. The petitioner has been detained under an order of detention dated 1-10-1991 under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981. The order of detention has been issued in order to prevent the detenu from acting in any manner prejudicial to the maintenance of law and order. The order is in connection with the activities of the detenu as a bootlegger. 2. In the grounds of detention a number of incident have been set out. The first incident is of 28-9-1990, when the Police Sub-Inspector Khaire and his staff patrolling the areas of Kokari Agar hutments, Ambedkar Nagar hutments, Antop Hill, Bombay noticed a motor taxi speedily advancing from Kokari Agar towards Ambedkar Nagar hutments. The police signaled the taxi to stop but the taxi driver accelerated the speed of the taxi. Ultimately the taxi was intercepted and when searched, was found to contain about 800 liters of contraband liquor s...
Amravati Grower's Co-operative Spinning Mills Ltd. Vs. Sheshrao K. Ing ...
Court: Mumbai
Decided on: Jan-10-1992
Reported in: (1993)ILLJ11Bom
1. By this petition under Articles 226 and 227 of the Constitution, the petitioner challenges the order dated September 3, 1990, by which preliminary objection raised by the petitioner was rejected by the Industrial Court, as well as the order dated September 21, 1990 passed by the Court granting the wages of the employees. 2. It is not disputed that an interim order of winding-up of the petitioner-society had been passed under the provisions of the Maharashtra Co-operative Societies Act on February 3, 1988 and the final order came to be made on April 5, 1988. A proceeding was initiated under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ('Unfair Labour Practices Act' for short) by the respondents, and the petitioner raised a preliminary objection to it, on the ground that as the winding-up order had been passed, the proceedings could not continue in view of Section 107 of the Maharashtra Co-operative Societies Act, withou...
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