Mumbai Court June 1992 Judgments
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Smt. Prema Govinda Gauncar Vs. Administrative Tribunal for Goa and ors ...
Court: Mumbai
Decided on: Jun-26-1992
Reported in: 1993(2)BomCR163
E.S. Da Silva, J.1. By the present writ petition filed under Article 227 of the Constitution the petitioner seeks to challenge the judgment of the Administrative Tribunal, dated 19th May, 1989 in Mundkar Revision Application No. 14 of 1987 which has reversed the order of the Mamlatdar of Canacona, dated 10th January, 1986 in Case No. MUND/2/1985 and which has been affirmed by the order of the Additional Collector of Goa, dated 30th January, 1987 in Case No. MUND/AC/APL/14/86.2. On 21-6-1978 one Sangtu Devidas filed an application to the Mamlatdar of Canacona to get himself registered as Mundkar under section 29 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter called the Act) in respect of the suit house, being House No. 181, located in the petitioner's property at Canacona. The case was registered as Case No. MMD/CAN/8/78. By order dated 27th February, 1982 the Joint Mamlatdar of Canacona dismissed the application against which Sangtu did not file an...
Lata Mangeshkar Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-25-1992
Reported in: (1992)43ITD187(Mum.)
1. Under the Wealth-tax Act, these are cross-appeals for six years; hence twelve in all.2. In assessee's appeals for the first five years, viz., assessment years 1977-78 to 1981-82, objection is taken to the reopening of the case under Section 17(1) of the Wealth-tax Act. A paper-book with 33 pages is filed on behalf of the assessee and it is submitted that in the context of the applicability of the provisions of Section 17, material aspects are similar in each of the five assessment years involved, viz., assessment years 1977-78 to 1981-82 and hence copies of the statements which accompanied the original returns, copies of original assessment orders and copies of final assessment orders are filed only for some of the years, and it is pleaded that decision may be taken on the basis of these copies on the footing that material aspects are similar for other years also.3. Assessee is a world-famous play-back singer. She was entitled to royalty on the sale of records of her songs. On page...
Peico Electronics and Electricals Ltd. Vs. C.S. Baj, Member, Industria ...
Court: Mumbai
Decided on: Jun-25-1992
Reported in: (1995)ILLJ711Bom
K. Sukumaran, J. 1. N.V. Philips Gloeilampenfabrieken, Eindhoven, the Netherlands had executed a Memorandum of Understanding (M.O.U) with TATAs in 1989. It appears to have touched the capital structure of Peico Electronics & Electricals Ltd., a Company operating over four decades, (the Petitioner herein) wherein Philips (Holland) hold 39.7% of the shares & financial institutions hold 24.8 % and the balance 25.5 % by the public. The Petitioner had admittedly moved the Controller of Capital Issues in July 1991. There was an amendment on September 25, 1991. It sought issue of fully convertible debentures of Rs, 28.29 crores and non-convertible debentures of Rs. 5 Crores. A Special Resolution approved the Special Resolution for the issue of debentures as aforesaid. In December, 1991 the Union wrote to the Controller expressing their apprehension about an alleged attempt by TATAs to have a back door entry into the core of this corporate entity. It was alleged that the premium amount of debe...
All India Bombay Tyres International Employees' Federation and ors. Vs ...
Court: Mumbai
Decided on: Jun-24-1992
Reported in: 1992(3)BomCR611; (1993)ILLJ346Bom
1. There appears to be an impression in the minds of the Conciliation Officers in the State of Maharashtra that they are the ultimate arbitrators of industrial disputes. Large number of cases which have came before the Court, seem to indicate a pattern in the style of functioning of the authorities. It is expedient and highly desirable that the should be disabused of those erroneous impressions. Earlier the better. 2. The Petitioners-unions nurse grievances relating to domain of the Industrial Disputes Act. They are aggrieved that a substantial solution for such a dispute as envisaged under that imaginative social legislation, viz. a reference under Section 10, had not been made by the State Government and that the anterior preliminary steps to be undertaken by the Conciliation Officers, have remained unattended to, in view of a general impression, either by arrogance or by ignorance, resulting in incalculable harm to the weaker section of people in the society. It is agreed that the u...
Tyabji Estates (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-23-1992
Reported in: (1992)42ITD603(Mum.)
1. This appeal by the assessee is directed against the order of the learned Commissioner (Appeals) dated 5-11-1990 in respect of the assessment year 1987-88.2. Although as many as seventeen grounds have been raised in the appeal, yet those grounds involve the only substantive issue as to whether the transfer by the assessee of its asset consisting of a plot of land to a newly formed partnership as its capital contribution gave rise to any capital gains and, if so, what is the quantum of such gain.3. The facts of the case, succinctly put, are that the assessee is a private limited company and was the owner of the plot of land since many years. During the previous year, relevant to the assessment year 1984-85, the assessee entered into partnership with various persons in the new firm constituted under the name and style of M/s. Habitat for the sole purpose of development of that plot of land. According to the partnership, it was agreed among the partners that the property would be intro...
Arun Vaman Apte Vs. Arvind Mohaniraj Pathak and anr.
Court: Mumbai
Decided on: Jun-23-1992
Reported in: (1994)IIILLJ761Bom
H.H. Kantharia, J.1. This Writ Petition arises from the judgment and order passed by the learned Labour Judge presiding over the First Labour Court, Pune on October 29, 1983 in Complaint (ULP) No. 21 of 1980.2. The relevant facts giving rise to the Writ Petition are as under:The first respondent workman, Arvind Mohaniraj Pathak, was in the service of the petitioner-employer as a Junior Architect: from 15.2.1979 on consolidated monthly salary of Rs. 500/-. On 14.2.1980 at about 8.30 a.m. when he was about to complete his regular work of Bhosari Scheme, the petitioner Arun Vaman Apte went to his cabin along with another architect by name Bhat. The petitioner Apte asked the said Bhat to sign the tracings prepared by the first respondent when it was noticed that there was endorsement on the tracing as 'copy right' and, therefore, he refused to sign it. The petitioner asked the first respondent to strike off the endorsement 'copy right' which was not agreed upon by the first respondent. The...
Union of India (Uoi) and anr. Vs. Hege Navigation Ltd. and anr.
Court: Mumbai
Decided on: Jun-23-1992
Reported in: 1992(3)BomCR545
A.A. Cazi, J.1. This is applicants' Notice of Motion for an order directing the Prothonotary & Senior-Master to pay a sum of Rs. 1,93,169.40 as balance of outstanding charges of the applicants from the sale proceeds deposited in Court.2. M.V. Shanta Rohan is the vessel in question and it is defendant No. 2 in the suit. The vessel entered the Port of Bombay on 4th September, 1988. The vessel was arrested for the purpose of this suit and ultimately the vessel was sold and the sale was confirmed on 4th July, 1991. The applicants had a lien on the vessel to recover its dues. Earlier the applicants took out a Notice of Motion and obtained an order for payment of their dues for the period upto 26th April, 1991. This was by the order dated 4th July, 1991. Their dues for the period after 26th April, 1991 till 4th July, 1991 were not specifically claimed by them in the previous Notice of Motion and therefore there was no order for payment of their dues for this period. That, however, would not ...
Susheil Ahluwalia and ors. Vs. Dharam Pal Malhotra and anr.
Court: Mumbai
Decided on: Jun-22-1992
Reported in: 1993(1)BomCR73
S.M. Jhunjhunuwala, J.1. This Notice of Motion has been taken out in a suit for specific performance of an agreement to sell the flat bearing No. 601 on the 6th floor along with the car parking space No. 6, in the building known as Shivala situated at the junction of Sobhani and Khatan Road, Colaba, Bombay 400 005.2. Under an agreement dated 26th June, 1991 the defendants, who are described therein as the owners of the said flat and the car parking space, agreed to sell the same to the plaintiffs on the terms and conditions mentioned therein. The total price agreed to be paid by the plaintiffs has been Rs. 51,50,000/- out of which as sum of Rs. 50,000/- was agreed to be paid on or before the execution of the said agreement and the balance amount of Rs. 51 lakhs on obtaining no objection certificate from the Appropriate Authority as required under Chapter XX-C of the Income-tax Act, 1961.3. It is the case of the plaintiffs that in respect of the sum of Rs. 50,000/- required to be paid o...
Santosh Dattaram More and Other Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-20-1992
Reported in: 1992(3)BomCR292; (1992)94BOMLR547; 1992CriLJ3409; 1992(2)MhLj1163
Kurdukar, J. 1. Both these petitions under Article 226 of the Constitution of India can be disposed of by this common judgment since they arise out of a common judgment dated December 20, 1991 in Discharge Application No. 171 of 1991 in ADA R.A. No. 52 of 1991. Both the petitioners are challenging legality and correctness of the impugned order. Impugned order is at Exhibit A to the compilation. Compilation. Compilation taken on record. 2. Pursuant to a complaint dated 31st January 1991 filed by Jayantilal Nanji of M/s. Dedhia Jewellers, at Matunga Police Station, Bombay, Crime No. 113 of 1991 came to be registered against the 6 unknown and unidentified persons for offense punishable under section 395 of the Indian Penal Code read with section 25(3) of the Arms Act. Pursuant to this complaint, investigation commenced and statements of various witnesses came to be recorded. During investigation, suspected accused were also arrested which include the present petitioners. Chargesheet also ...
Chirayath Kunjipalian Joseph Vs. Amrapali Working Women's Hostel and o ...
Court: Mumbai
Decided on: Jun-20-1992
Reported in: [1992(65)FLR1008]; (1993)ILLJ333Bom
1. This petition under Article 226 of the Constitution of India seeks to challenge the order of the Industrial Court at Bombay dated January 22, 1987 in Revision application (ULP) No. 46 of 1986 by which the application preferred by the first respondent being women's hostel came to be allowed and the order of the Labour Court dated July 28, 1986 in Complaint (ULP) No. 68 of 1985 came to be overruled and as a result, the petitioner being aggrieved by the order dated January 22, 1987 passed by the Industrial Court has failed the present petition. 2. The facts giving rise to this petition, briefly, are as follows : (a) The petitioner herein was appointed as Head Cook as alleged on March 7, 1979 on monthly salary of Rs. 455/-. The first respondent is a women's hostel situated at Opp. Municipal Prathamik Shala, 6, Township Colony, Tilak Nagar Chembur Bombay-89. The said hostel is run by co-operative society by the name Maharashtra Sahakari Udyogini Ltd. The said hostel is run in Bombay excl...
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