Mumbai Court November 1992 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income-tax Vs. Ramchandra Shivnarain
Court: Mumbai
Decided on: Nov-13-1992
Reported in: [1993]201ITR862(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal, Bombay Bench, Bombay has referred the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the losses of Rs. 34,870 and Rs. 8,148 sustained by the assessee in the 'hessian hedge account' and the 'gunny hedge account', respectively, represent business losses and not speculation losses ?' 2. The assessee is a firm carrying on business in the purchase and sale of cloth, jute, bardan, etc. The assessment year is 1971-72. During the relevant previous year, the hessian account showed a profit of Rs. 1,32,044 in a business of 970 bales against which a loss in the hessian hedge account of Rs. 34,870 was claimed as loss from ready business. Similarly, a sum of Rs. 8,148 was claimed as loss incurred in the bardan hedge account. The Income-tax Officer disallo...
Commissioner of Income-tax Vs. Vickers Sperry of India Ltd.
Court: Mumbai
Decided on: Nov-13-1992
Reported in: [1993]201ITR637(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal has referred the following question for opinion : 'Whether, on the facts and in the circumstances of the case, rent free accommodation and the cash house rent allowance provided by the assessee-company to its employees under the terms of the contract of employment are not perquisites within the meaning of section 40(a)(v) of the Income-tax Act entitling the assessee to a deduction of Rs. 16,989 ?' 2. The assessee is a limited company. Briefly stated, the relevant facts are as follows : The assessee-company claimed a rent allowance of Rs. 91,908 which also included some cash rent allowance. The assessment year was 1971-72. The Income-tax Officer found that, in the case of four employees, the house rent allowance, whether paid in cash or otherwise, exceeded one-fifth of their salary. Such excess came to Rs. 16,9...
The Hindustan Spinning and Weaving Mills Ltd. Vs. the Municipal Corpor ...
Court: Mumbai
Decided on: Nov-13-1992
Reported in: 1993(2)BomCR38; (1993)95BOMLR525
Ashok Agarwal, J.1. The petitioner carries on business of manufacturing and processing textile goods. It has two textile units, one at Jacob Circle and another at Gokhale Road. The said units have been supplied water by the respondent through separate water connections. Since the supply of water was initially measured by means of water meters the charges for the water supply was on the basis of actual meter readings.2. The respondent, in pursuance of the powers vested in it under section 461(b) of the Bombay Municipal Corporation Act (hereinafter, for the sake of brevity, referred to as 'the Act'), framed bye-laws for the regulation, supply and use of water which, inter alia, contained provisions for the fixation of quota of water to be supplied. In pursuance of bye-law 34-A maximum quota of water to be supplied to the petitioner was fixed by the respondent from time to time. The said bye-law 34-A enjoins that no consumer to whom an order made under bye-law 34-A applies shall consume w...
Dinesh G. Shah and anr. Vs. B.C.A. Garware Club House and ors.
Court: Mumbai
Decided on: Nov-13-1992
Reported in: (1993)95BOMLR133
P.S. Patankar, J.1. This petition is taken out alleging that the Respondent had committed contempt on 22.11.1991 by passing the Resolution in respect of Item No. 3 on the agenda of the Annual General Meeting held on that day. By passing the said Resolution, the Minutes of Extra ordinary Annual General Meeting held on 11-5-1990 came to be confirmed.2. It is clear from the averments made in the petition that there is no clear statement made that any order passed by the Court or Undertaking given to the Court has been violated by any of the Respondents. However, the learned Advocate for the Petitioners invited my attention to some orders. The Petitioners filed S.C. Suit No. 3784 of 1990 inter alia praying.(a) That it may be declared by this Hon'ble Court that :(i) that notice, dated 10-4-1990 being Exhibit '' hereto;(ii) the extra ordinary general meeting held on 11-5-1990, pursuant to notice, dated 10-4-1990 ;(iii) the entire proceedings and purported resolutions including purported voti...
Hanmant Janardhan Patil Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-12-1992
Reported in: 1993(2)BomCR286; 1993CriLJ3042; 1993(1)MhLj511
1. Faced with a situation wherein the administration of Co-operative Societies was so deeply infected with dishonest and corrupt practices which were being fostered by a set of official who, in law, were otherwise supposed to be in-charge of curbing them, the State Legislature introduced in 1986, Section 161 in the Maharashtra Co-operative Societies Act. This was a drastic provision which was essential if the rot to be curbed. The office-bearers and members of the Managing Committee of a Co-operative Society were deemed to be public servants and the State was empowered to prosecute them for offences of corruption by treating them on par with other public servants. 2. The chronic disease that has permeated into the life-blood of the co-operative system, is the almost universal belief that whatever available funds the society possesses should be misappropriated. At times directly, but invariable through indirect and sometimes subtle means, this activity continues with impunity and, as th...
Commissioner of Income Tax Vs. Hindustan Construction Company Ltd.
Court: Mumbai
Decided on: Nov-12-1992
Reported in: (1993)112CTR(Bom)83; [1995]211ITR535(Bom)
Smt. Sujata Manohar, J. 1. This IT Reference arises out of a set of 13 reference applications which were filed as between the assessee and the Revenue for the asst. yrs. 1963-64, 1964-65, 1965-66, 1968-69 and 1969-70. As a result, a large number of questions have been referred to us-some at the instance of the Revenue and some at the instance of the assessee. Since most of the questions are now covered by various decisions of the High Court and the Supreme Court, we will only refer to the relevant facts in respect of the questions which require to be considered by us on merit. This we will do when we come to the questions. 2. For the asst. yr. 1963-64, the following three questions have been referred to us at the instance of the assessee. '(1) Whether, having regard to the different provisions of the Super Profits tax Act, 1963, the assessment made under s. 6(2) of the Act for the asst. yr. 1963-64 on 25th November, 1972, beyond the period of four years from the end of the assessment y...
Maharashtra Minerals Corporation Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Nov-12-1992
Reported in: (1993)114CTR(Bom)373; [1995]216ITR578(Bom)
U.T. Shah J.1. Under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred to us the following question of law : 'Whether, on the facts and in the circumstances of the case, the assessee was entitled to the deduction of Rs. 17,640 being the loss on demolition and sale of hutments and labour camp at Shrivardhan in its assessment for the accounting period relevant to the assessment year 1972-73 under the provisions of section 32(1)(iii) of the Income-tax Act, 1961 ?' 2. The facts, in brief, as stated in the statement of the case, read as under : 'From the orders of the Income-tax Officer as also the Appellate Assistant Commissioner it appears that the assessee's own case was that the hutments in question were not used by the assessee as dwelling houses for its workers right from the assessment year 1968-69 and in the face of the above observations of the Departmental authorities, there is no basis for us to assume that some of the huts must have been used for the said pur...
Dattatraya Shankarrao Kharde and ors. Vs. Executive Engineer, Chief Ga ...
Court: Mumbai
Decided on: Nov-12-1992
Reported in: (1994)ILLJ395Bom; 1994(1)MhLj776
H.W. Dhabe, J.1. These two L. P. As can be disposed of conveniently by this common Judgment. 2. The facts are that the appellants in the instant appeals were working as Helpers in the Irrigation Department of the State Government under the control and management of the respondents. By order dated August 30, 1984 their services were terminated with effect from August 31, 1984. Ny filling applications (Complaint Cases) under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'the Act') before the learned Industrial Court, Amraoti, they challenged their orders of termination on the ground that in terminating their services, the respondents have committed an unfair labour practice covered by Items 5 and 9 of Schedule IV of the Act. The appellants further complained in their complaint cases that although they were again re-employed on temporary basis, they were again terminated without following the provisions of law and ...
Kumbhargaon Vividh Karyakari Sahakari Seva Society Ltd. Vs. Assistant ...
Court: Mumbai
Decided on: Nov-12-1992
Reported in: 1993(1)BomCR586; (1993)95BOMLR28
B.N. Srikrishna, J.1. Rule returnable forthwith. Respondents through respective advocates waive service. By consent rule deemed to be on today's board for final hearing, called out and heard.2. By this writ petition, the petitioner impugns an Order of the Assistant Registrar, Co-operative Societies, Patan, dated 19th August, 1992, by which the fourth respondent has been granted registration as a multi-purpose co-operative society.3. The petitioner is a registered multi-purpose co-operative society, and is carrying on its business within the area of village Kumbhargaon, Taluka Patan, District Satara.4. Sections 3 to 11 of The Maharashtra Co-operative Societies Act, 1960, provide a detailed machinery for registration of different kinds of societies under the Act. Section 4 indicates the types of societies which are entitled to registration under the Act. Section 6 lays down the condition for registration of a society. Under section 8, the proposed society is required to apply to the Regi...
Special Land Acquisition Officer and anr. Vs. Kohinoor Dresses and ors ...
Court: Mumbai
Decided on: Nov-12-1992
Reported in: (1993)95BOMLR125
M.L. Dudhat, J.1. This first appeal is filed by the State Government against the Judgment and decree passed in Land Reference No. 13 of 1983 by the Addl. District Judge, Kolhapur, on 21st March, 1986.2. Special Land Acquisition Officer No. 16, Kolhapur, decided to acquire City Survey No. 186/1 under Acquisition Case No. LAQ & 312/15 and in the said proceedings the respondents-original claimants claimed compensation of amount of Rs. 2,50,000. The Land Acquisition Officer passed the award on 27th January, 1983 and awarded compensation of Rs. 1,500 to the firm and the loss of business during the period of settlement of the firm and an amount of Rs. 50 for shifting the electric metre and Rs. 100 for shifting counter materials in the shop.3. Being aggrieved by the aforesaid award, the respondents preferred Land Reference No. 13 of 1983. After taking into consideration the evidence as led by both the parties, the Additional District Judge, Kolhapur, awarded compensation of amount of Rs. 15,7...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »