Mumbai Court November 1992 Judgments
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Srinivas Rama Shetty Vs. Amalgamated Electricity Co. Ltd. and anr.
Court: Mumbai
Decided on: Nov-04-1992
Reported in: 1993(1)BomCR607
S.M. Daud, J.1. This appeal takes exception to the dismissal of a suit for damages allegedly sustained by the plaintiff in the fire which broke out on 6th March, 1977 at his hotel run under the name of 'Guruprasad' on the Kalyan Road in Bhiwandi, District Thane.2. Defendant No. 1 hereinafter referred to as the 'Company' - was a licensee supplying electricity to consumers in Bhiwandi till 30th September, 1978. The business of supplying electricity to the Bhiwandi area was taken over by the second defendant - hereinafter referred to as the 'Board' - as from 1-10-1978. The take-over or defendant No. 1's business by defendant No. 2 was challenged by the first defendant by means of a writ petition which was numbered as Misc. Petition No. 1193 of 1976. A compromise took place in the said proceeding and certain terms therein freed the Board from liabilities incurred by the Company which liabilities were in respect of non-performance or non-observance of the company's covenants and conditions....
Cantonment Board of Deolali Vs. Mrs. Usha Devidas Dongre and anr.
Court: Mumbai
Decided on: Nov-04-1992
Reported in: 1993(2)BomCR281
M.L. Pendse, J.1. By this petition filed under Article 226 of the Constitution Cantonment Board of Deolali, District Nasik is challenging legality of order dated 21st January 1987 passed by the Presiding Officer, School Tribunal, Bombay Region. By the impugned order the Tribunal held that discontinuance of respondent No. 1 from service was without authority of law and, therefore, directed reinstatement of respondent No. 1 to the post of a teacher and payment of 50% of back wages. The petition was admitted on 27th March 1987 but interim relief was not granted with the result that respondent No. 1 had rejoined the school.2. Respondent No. 1 was appointed as primary school teacher in Hindi Primary School on December 5, 1983. It is the claim of the Cantonment Board that the appointment was in a leave vacancy and the appointment was for a short duration but was continued from time to time and ultimately the appointment lapsed on 30th April 1985. Respondent No. 1 claiming that she was appoin...
Chordia and Sons and ors. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Nov-04-1992
Reported in: (1993)95BOMLR127
M.L. Pendse, J.1. Petitioner No. 1 is a partnership firm and carry oil business of selling unmanufactured tobacco. The petitioners purchase raw tobacco crushed in the form of flakes and packed in bulk packs from the market. The petitioners repack the flakes In small paper packets and these small paper packets are sold with the petitioners' brand name. The petitioners paid duty on the process of repacking the flakes in small paper packets under Tariff Item No. 4.11(5) for the period commencing from January 1, 1979 and ending with June 30, 1986. The petitioners claim that the Customs Excise and Gold (Control) Appellate Tribunal by decision, dated October 29. 1985 in Collector of Central Excise, Pune v. Jaikisan Tobacco Co., Pune , held that unmanufactured tobacco packed in packets bearing brand name of the manufacturer does not amount to manufacture of chewing tobacco covered by Tariff Item No. 4 II (5) of the Central Excise Tariff and, therefore, not liable to payment of Central Excise ...
income-tax Officer Vs. W.D. Estate (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-03-1992
Reported in: (1993)45ITD473(Mum.)
1. These are appeals by the department and cross appeals by the assessee. For the sake of convenience the appeals are consolidated and disposed of by this common order.There is an appeal by the department and one by the assessee. The appeals relate to assessment year 1982-83.3. Assessee is a limited company engaged in construction work. It had secured from the Government of Maharashtra a plot of land No. 211 at Nariman Point on lease and had started construction a multi-storeyed building from 1978. Initially, the booking rate per square feet was Rs. 130. This was raised to Rs. 140 and Rs. 150 and much later the sale fetched as high an amount as Rs. 612 per sq. ft. Assessee was following the project completion method of accounting and filed the return for the year under appeal disclosing an income of Rs. 35,39,408. It has to be remembered in this connection that there was a raid at the premises of the assessee and in the course of the raid a table diary maintained by one Shri R.T. Shar...
Ali HussaIn Sayyed Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-03-1992
Reported in: 1993(1)BomCR732; (1993)95BOMLR12; 1993CriLJ277
Cazi, J.1. This appeal is directed against the judgment and order of the learned Additional Sessions Judge, Pune, dated 15th December 1990 in Sessions Case No. 82 of 1990 whereby the present appellant was convicted under S. 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'N.D.P.S. Act') and sentenced to suffer R.I. for 10 years and to pay a fine of Rs. 1,00,000/- in default to suffer S.I. for one year. 2. In the trial Court there were two accused, the present appellant as accused, the present appellant as accused No. 1 and his wife Neerjaha Ali Sayyad as accused No. 2. Accused No. 2 was acquitted by the trial Court. 3. The prosecution case was as follows : On 5-12-1989 Police Sub-Inspector Sadashiv Baburao Khot, while he was present in the Police Chowky at Ramoshigate, received information at about 5-30 a.m. that (i) Ali Hussain Sayyad (which is the name of the present appellant), (ii) Kasorm Hussain Sayyad. and (iii) Bibi Khatubai Hussain Sayyad, were dealing ...
Commissioner of Income-tax Vs. Anil Hardboards Ltd.
Court: Mumbai
Decided on: Nov-03-1992
Reported in: [1994]207ITR802(Bom)
B.N. Srikrishna, J. 1. This reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), made at the instance of the Revenue, refers the following two question of law for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal rightly held for the three years that the figure of advance shown to have been made by the hardboard unit to the insulation board unit need not be deducted as a liability while computing the capital employed by the new industrial undertaking manufacturing insulation board (2) If the answer to question No. 1 is in the negative, then, should the deduction required to be made for liability be worked out on the basis adopted by the Income-tax Officer or by the Appellate Assistant Commissioner or by the assessee in its second alternative plea, which is dealt with in paragraph 13 of the Tribunals orde ?' 2. The concerned assessment year 1964-65, 1965-66 and 1966-67. The relevant pr...
Commissioner of Income-tax Vs. Ideal Trading Co.
Court: Mumbai
Decided on: Nov-03-1992
Reported in: [1994]207ITR705(Bom)
B.N. Srikrishna, J. 1. In this reference under section 256(1), the question of law referred for the opinion of this court is as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was in law or no facts justified in directing the Income-tax Officer to consider the assessee firm's claim for registration afresh on the merits and according to law, after allowing it a reasonable opportunity to make an application for the condonation of the delay, of which it was guilty in the matter of seeking registration under section 185 of the Income-tax Act, 1961, for the assessment year 1973-74 ?' 2. The reference pertains to the assessment year 1973-74. The assessee is a partnership firm constituted under added of partnership dated April 6, 1972. The assessee did not file its application in Form No. 11 during the previous year for grant of registration under section 185, but filed an application in Form No. 11-A on August 13, 1973, along with the return of income. The I...
Esic, Bombay Vs. Vyankatesh Coop. Processors Society Ltd. and anr.
Court: Mumbai
Decided on: Nov-03-1992
Reported in: (1993)IILLJ394Bom
S. M. Daud, J. 1. The interesting question arising in this appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (E.S.I. Act) is whether the use of electric power for processing the effluent (water) preparatory to its eventual dispersal, can be termed as 'manufacturing process' as contemplated by the use of that expression occurring in Section 2(12) of the aforementioned Act 2. The question posed in the first paragraph has to be determined in the backdrop of the following facts : Respondents Vyankatesh Co-operative Processors Society Limited of Ichalkaranji in District Kolhapur, of which Pandurang Yeshwant Magdum is the Secretary, was in the business of hand-processing grey cloth at Ichalkaranji. The business being done by the Society involved the process of bleaching, dyeing and mercerising. The water employed in these processes got polluted and the same had to be 'treated' before its discharge into the Krishna River Basin. For the discharge of the effluent, permissio...
Employees State Insurance Corporation Vs. Vyankatesh Co-op. Processors ...
Court: Mumbai
Decided on: Nov-03-1992
Reported in: 1993(2)BomCR148; (1993)95BOMLR16
S.M. Daud, J.1. The interesting question arising in this appeal under section 82(2) of the Employees' State Insurance Act, 1948 (E.S.I. Act), is whether the use of electric power for processing the effluent water preparatory to its eventual dispersal, can be termed as a manufacturing process as contemplated by the use of that expression occurring in section 2(12) of the aforementioned Act?2. The question posed in the first paragraph has to be determined in the backdrop of the following facts :Respondent Vyankatesh Co-operative Processors Society Limited of Ichalkaranji in District Kolhapur, of which Pandurang Yeshwant Magdum is the Secretary, was in the business of hand-processing grey-cloth at Ichalkaranji. The business being done by the Society involved the processes of bleaching, dyeing and mercerising. The water employed in these processes got polluted and the same had to be treated before its discharge into the Krishna River basin. For the discharge of the effluent, permission had...
Sadashiv Chhokha Sable Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-02-1992
Reported in: 1993(2)BomCR1; (1993)95BOMLR10; 1993CriLJ1469
V.A. MOHTA, J.1. This is a petition under Section 482 of the Criminal Procedure Code, read with Article 226 of the Constitution of India. 2. The petitioner Sadashiv Sable has been convicted under section 394 I.P.C. along with other co-accused, and sentenced to suffer R.I. for 5 years and to pay fine of Rs. 500/- in default, R.I. for 1 month by the learned Additional Sessions Judge, Greater Bombay, in Session Case No. 519 of 1986, decided on 20th February 1989. On that very dated by the very Sessions Judge he has also been convicted under section 392 read with Section 397 of the I.P.C. and sentenced to suffer R.I. for 7 years in Sessions Case No. 615 of 1986. 3. A brief background of the two cases may be noted : (1) Sessions Case No. 519 of 1986 :- On 25-10-1985 at about 2 a.m. the Petitioner and his co-accused armed with weapons and travelling in a car followed a taxi coming from Sahar Airport, intercepted it at Vellore Gate, attempted to commit robbery and caused hurt in the process;...
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