Mumbai Court June 1992 Judgments
Commissioner of Income Tax Vs. Universal Ferro and Allied Chemicals Lt ...
Court: Mumbai
Decided on: Jun-30-1992
Reported in: [1994]207ITR849(Bom)
ORDERMrs. Sujata Manohar, J.1. The assessment year relevant for our purpose is 1981-92. In computing the total income of the assessee-company the ITO did not include the work-in-progress as a part of the capital for computing relief under s. 80J. In appeal, however, before the CIT(A) the claim of the assessee was allowed. And as this claim had been upheld by the Tribunal, the petitioners filed a reference application under s. 256(1) of the IT Act stating therein that the following question of law arose out of the Tribunal's and required a statement of the case to be drawn up, the question raised and order referred to us for determination : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in taking work-in-progress is as part of capital in computing relief under s. 80J ?' As the Tribunal rejected the reference application, the Department has come before us under s. 256(2) of the IT Act, 1961. 2. The question is directly answered in favour of the...
Tag this Judgment!Shalini Damodar Nikam Vs. India United Mills and ors.
Court: Mumbai
Decided on: Jun-30-1992
Reported in: (1993)ILLJ793Bom
1. Rule. Heard both sides 2. A question of fundamental importance arises in this case, something about which many a monadic insurrection had taken place in the course of the history. It is an action in the legal field, in continuation of the activities of Mad Maggeridge or her Indian Counterpart Mridula Sarabhai, as she was called, for liberation of workmen from male chauvinism and its reflection in legislature. Statutory exercises like the Equal Pay Act and many others of its kind, indicate the direction of wind. Cases like R. V. Secretary of State for Employment 1992 I ALL ER 545, would indicate the spread of ideas of sexual equality in judicial atmospheres. Why should there be any disparity in the age of retirement between a man and woman These are not the days when there is an incessant procession of cradles and coffins would render female employees in various employments exhausted and consequently less equipped for handling any type of work. More than 100 years back, the Supreme C...
Tag this Judgment!Adolfo Vaz Vs. Bank of Baroda and Others
Court: Mumbai
Decided on: Jun-30-1992
Reported in: (1993)IILLJ232Bom
G.D. Kamat, J.1. Rule, by consent to be heard forthwith. Petitioner is working as a Special Assistant in the Bank of Baroda, respondent No. 1. According to the petitioner he had highlighted certain irregularities and illegalities committed at the Margao branch of the bank to superior authorities, as a result of which the petitioner is being harassed. Petitioner further says that he has now been charge-sheeted by the charge-sheet dated January 31, 1992, wherein several charges have been levelled against him. It is common ground that Shri G. S. Joshi, Senior Manager of the Bank of Baroda, Kolhapur Branch, has been appointed as the Inquiry Officer. By his letter dated May 6, 1992, petitioner wrote to the Regional Manager for permission to engage the services of a lawyer to defend him in the disciplinary proceedings. By the communication dated May 7, 1992, the Regional Manager rejected the petitioner's request for engaging the services of a lawyer, but however, advised the petitioner that ...
Tag this Judgment!Dr. K.M. Patil Vs. Madhukar Sahakari Sakhar Karkhana Ltd. and anr.
Court: Mumbai
Decided on: Jun-30-1992
Reported in: 1994(1)BomCR565
B.N. Deshmukh, J.1. The petitioner appearing as party in person has challenged the provision of voting for electing the members of Board of Directors of Madhukar Sahakari Sakhar Karkhana, Ltd.2. According to the petitioner, as the area of sugar factory is divided into five Gats and two Directors are required to be elected from each Gat, it would be convenient and proper to hold that the voters from each Gat shall elect two Directors from that Gat and the voters from other Gat shall have no right to vote to the candidates from other Gats, in which they are not included as voters.3. We may refer to the provisions of Rule 42 of the Maharashtra Specified Co-operative Societies (Elections to Committees) Rules, 1971, which deals with the procedure for voting. Rule 42 reads as follows :'In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, voting in so far as these seats are concerned shall be recorded ...
Tag this Judgment!Commissioner of Income Tax Vs. Universal Ferro and Allied Chemicals Lt ...
Court: Mumbai
Decided on: Jun-30-1992
Reported in: (1992)106CTR(Bom)274
ORDERMRS. SUJATA MANOHAR, J. :The assessment year relevant for our purpose is 1981-92. In computing the total income of the assessee-company the ITO did not include the work-in-progress as a part of the capital for computing relief under s. 80J. In appeal, however, before the CIT(A) the claim of the assessee was allowed. And as this claim had been upheld by the Tribunal, the petitioners filed a reference application under s. 256(1) of the IT Act stating therein that the following question of law arose out of the Tribunals and required a statement of the case to be drawn up, the question raised and order referred to us for determination :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in taking work-in-progress is as part of capital in computing relief under s. 80J ?'As the Tribunal rejected the reference application, the Department has come before us under s. 256(2) of the IT Act, 1961.2. The question is directly answered in favour of the asse...
Tag this Judgment!Central Bank of India Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jun-29-1992
Reported in: 1992(3)BomCR230
M.L. Pendse, J.1. The dispute in this petition relates to two plots of lands bearing Nos. 216 and 217 at Backbay Reclamation, Block III and which are at present under sea. The petitioners are a Nationalised Bank and body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and carry on business of banking in diverse places in India. By this petition filed under Article 226 of the Constitution of India the principal relief claimed is grant of permission to erect the intended building on these two plots after reclamation and permission to erect building for office purpose by use of floor space index of 3.5. To appreciate the claim made by the petitioner Bank and by Bank of India in the companion petition, it is necessary to exhaustively set out the facts.2. The State Government concerned at the growing congestion in Greater Bombay in the year 1960 appointed a Committee under the chairmanship of Dr. D.R. Gadgil, who was the Director of Gok...
Tag this Judgment!Andhra Bank Vs. Sham Dinkar Khare and ors.
Court: Mumbai
Decided on: Jun-29-1992
Reported in: 1992(3)BomCR538
S.M. Jhunjhunuwala, J.1. In the suit filed by the Plaintiffs Bank against the defendants for recovery of sum of Rs. 3,14,131.45 and to enforce the securities created, by the defendants, the present Notice of Motion has been taken out for appointment of Court Receiver, High Court, Bombay, as Receiver and for grant of interim order of injunction as prayed for therein.2. In the month of December 1986, the defendants had approached the plaintiffs for financial assistance by way of secured loan for development of the property situate at village Gajbandh. Sub-division Taluka Kalyan in District Thane which property is more particularly described in Ex. A to the plaint and offered to create equitable mortgage of the said property. The 3rd defendant also offered to create security of the flat described in Ex. B to the plaint. In consideration of financial assistance granted by the plaintiffs to the defendants 1 and 2, the security of the said Gajbandh property and the said flat were created in ...
Tag this Judgment!Dilip S/O Shankarrao Deshpande and Others Vs. Executive Engineer, Lowe ...
Court: Mumbai
Decided on: Jun-26-1992
Reported in: AIR1993Bom140; 1993(1)BomCR38; 1993(1)MhLj708
ORDERM. F. Saldanha, J. 1. A rather ticklish problem that is common to rural India has arisen for determination in this petition and having regard to the delicate stage at which the developments are, the matter requires determination on merits.2. We formulate the legal issue that is involved which is summarized as follows:Whether it is open to the State authorities to unilaterally block out a cart-track which is the only available access to agricultural lands without following the procedure prescribed by Section 21 of the Maharashtra Land Revenue Code and in a case where this is done whether the petitioner would be entitled to a relief for restoration of the status quo ante?3. Efforts were undoubtedly made by both the sides to try and find a suitable via media, but having failed, the petition is required to be decided on merits.4. The dispute is within a narrow ambit. The petitioners are the tenure holders of certain lands which are situated at mouza Sindi, Tahsil Selu, District Wardha...
Tag this Judgment!Pratap J. Ved Vs. Bhor Industries Limited and ors.
Court: Mumbai
Decided on: Jun-26-1992
Reported in: (1994)IIILLJ962Bom
S.H. Kapadia, J.1. This writ petition under Article 226 of the Constitution of India seeks to challenge the Award passed by the Second Labour Court in Reference (IDA) No. 1014 of 1981 dated 27th February 1987.2. The facts giving arise to this petition briefly, are as follows:(a) On 29th September 1963 the petitioner was employed by the first respondent company as despatch clerk.(b) In the year 1970-71 the petitioner was asked to work as cashier with the sister concern of the first respondent company known by the name 'Sky Light Corporation'.(c) On 27th August 1980 a show cause notice came to be issued by the first respondent in which it was alleged that the cheque dated 4th July 1980 was drawn in favour of the Bank of Maharashtra, Khar Branch for Rs. 27,000/-. The said cheque was payee's account cheque duly signed by the authorised person and it was to be dispatched under certificate of posting to the Bank of Maharashtra, Khar Branch. By the said show cause notice it was alleged that t...
Tag this Judgment!Vasant Son of Deorao Deshpande Vs. State Bank of India
Court: Mumbai
Decided on: Jun-26-1992
Reported in: 1996(1)BomCR359
H.W. Dhabe, J.1. The principal question raised in the appeal is about the interest awarded by the learned trial Court to the plaintiff Bank.2. The facts are that the plaintiff Bank had agreed to advance a loan of Rs. 34,000/- to the appellant-defendant against the security of gold ornaments required to be pledged by the appellant-defendant with the plaintiff Bank. For the purpose of availing the above loan facility, the defendant executed a demand promissory note for Rs. 34,000/- on 20-1-1981 in favour of the plaintiff Bank. The rate of interest stipulated in the said Promissory Note was 18.5 per cent per annum with quarterly rests, which according to the plaintiff Bank, was agreed to by the defendant. Since the defendant failed to pay the amount of interest on the loan advanced by the plaintiff Bank, the total outstanding loan including interest applied quarterly, amounted to Rs. 44,511.42 ps. calculated as on 21-10-1983. The plaintiff Bank, therefore, issued a letter by registered po...
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