Mumbai Court July 1992 Judgments
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Supnalok Touring Talkies, Kanhan Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-06-1992
Reported in: AIR1993Bom115; (1992)94BOMLR675
ORDERSaldhana, J.1. An interesting issue falls for determination in this petition and having regard to the fact that the decision would be one of serious consequence to a large number of similarly situated persons, we have taken up the petition for immediate hearing, at the instance of parties.2. The question or rather issue that is involved is Whether in the case of a duly licenced Video Cinema, it would be permissible for the operator to avail of the use of projection equipment known in the trade circles as 'Entel' whereby the picture is projected on to a large screen or whether such action would contravene the provisions of the Bombay Cinemas (Regulation) Act, 1953 and the Maharashtra Cinemas (Regulation) Rules, 1966.3. It has been contended by the petitioner before us that such activity is outside the scope of the licence issued under the rules for running of a Video Cinema. The submissions proceed further in so far as the petitioners contend that they are running a touring talkies...
Rakesh Ramnath Saigal Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-06-1992
Reported in: II(1992)DMC276
S.M. Daud, J.1. A mother and son seek the quashing ofproceedings initiated against them by the Chambur Police Station attributing tothem the commission of offences punishable Under Sections 306 and 498-Aread with Section 114 of the Indian Penal Code.2. Petitioner Rakesh is the soli of deceased Ramnath Saigal andPetitioner No. 3 Raj. Rakesh got married to deceased Madhu alias Prapti inthe month of February 1986. From what Madhu's parents say it wouldappear that both of them were opposed to her marrying Rakesh. Rakeshhad a child by a previous marriage, the child being a daughter namedKaniksha. Madhu was averse to Rakesh even meeting Kaniksha, much lesswas she prepared to allow the father and daughter to live together. On12.9.1986, Madhu while at the flat, which was the marital home of the couple,consumed a Pesticide known as 'Baygon'. She was rushed by the neighboursto the Sion Hospital. Despite attempts made to save her, Madhu died ofpoisoning. On a report made by Madhu's father Keshavc...
The Hyderabad (Sind) National College Board and Another Vs. the Univer ...
Court: Mumbai
Decided on: Jul-03-1992
Reported in: AIR1993Bom229; 1992(3)BomCR712
ORDERMrs. Sujata Manohar, J.1. The first petitioner viz., the Hyderabad (Sind) National College Board is a public trust. The first petitioner owns and administers a number of educational institutions which are set out in paragraph 2 of the petition. About eleven colleges are managed and administered by the first petitioner. The first petitioner Trust was created by the Sindhi Community, which is a minority community in the State of Maharashtra. The material terms of the Memorandum of Association state that the objects for which the first petitioner Board is set up are, inter alia, (i) to promote secondary,university and technical education in India, (ii) to acquire and take over the exclusive management of the Rishi Dayaram and Seth Hassram National College, Bandra, Bombay and the science institute attached thereto and other institutions that may be opened hereafter by the said Board at Bombay or elsewhere in India and (iii) to establish, acquire, take over and manage for the purposes ...
Mrs. Celine Viegas and anr. Vs. Mrs. Lilia Ana F.N. De Souza and ors.
Court: Mumbai
Decided on: Jul-03-1992
Reported in: 1993(2)BomCR18
E.S. Da Silva, J.1. This Second Appeal is directed against the judgment of the learned Additional District Judge, Panaji, dated 4th February, 1987 in Regular Civil Suit No. 24 of 1972 which has affirmed the judgment and decree of the learned Civil Judge, Senior Division, Mapusa in a suit for declaration and permanent injunction.2. The late Francisco Souza who was the husband of the respondent No. 1 and predecessor of the respondents Nos. 2 to 9 filed a suit against the original defendant Maria Lobo and her husband who are predecessors-in-title of the appellant No. 1 Celine and respondent No. 10 onwards. The appellant No. 2 is the husband of the late Maria Lobo and also the original defendant No. 2 in the suit. The litigation is in respect of two neighbouring properties situated at Mapusa. Both the parties claim to be the owners of these adjoining properties being one claimed by the plaintiffs known as 'Onsabhat' or 'Ambeachem Batulem'. The plaintiffs have got their house situated in th...
P.M.D. Thackersey Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-02-1992
Reported in: (1993)46ITD234(Mum.)
1. The assessee is in appeal against the order of the learned Commissioner of Wealth-tax (Appeals) dated 21st November, 1990 for the assessment year 1989-90.2. The solitary question for consideration before us is the valuation of the unquoted equity shares. The Assessing Officer had valued the shares under rule ID of the Wealth-tax Rules without applying the ratio of the decision of the Bombay High Court in the case of CWT v. Pratap Bhogilcd [1987] 167 ITR 501. This did not satisfy the assessee, who went in appeal and pleaded before the learned Commissioner (Appeals) that in any such valuation the ratio of the aforesaid decision of the jurisdictional High Court will have to be applied. The learned Commissioner (Appeals), however, did not feel persuaded to accept this plea. He was of the opinion that consequent upon the amendment of the relevant provision of the Wealth-tax Act, the assets ought to have been valued under Section 7 Bead with Schedule III of the Act. The Assessing Officer...
Alan Joseph D'Souza Vs. Joyce Mariquinha D'Souza
Court: Mumbai
Decided on: Jul-02-1992
Reported in: 1992(3)BomCR480
A.A. Cazi, J.1. This is a wife's (respondent's) Notice of Motion for interim maintenance, costs of the proceedings and costs for coming down to India for defending the proceedings.2. The husband (petitioner) has filed the petition for decree of nullity of marriage on the ground of impotency. There are no issues from this marriage. The parties have never lived together in Bahrain as the husband never went to Bahrain. The wife has gone there for earning and according to the submissions made by Mr. Shahapurkar the respondent is earning 273 Dinars per month and further according to Mr. Shahapurkar presently each Dinar is equivalent to Rs. 80/- in Indian currency. This would give the figure of Rs. 21,840/- as the wife's income per month. Out of the income of 273 Dinars per month, the wife has given her breakdown of monthly expenses and that is as follows : Rentals ... 120 Dinars Electricity & Water Charges (average) ... 25 Dinars Telephone (average) ... 30 Dinars Food, Clothing, misc. e...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Hemlata and ors.
Court: Mumbai
Decided on: Jul-02-1992
Reported in: 1994ACJ173
H.W. Dhabe, J.1. The appellant insurance company has challenged the award of the learned Motor Accidents Claims Tribunal (District Judge), Nagpur (for short 'the Claims Tribunal') only on the ground that its liability to make the payment to the claimants is restricted to Rs. 50,000/-.2. The facts are that the respondent Nos. 1 to 3 are the claimants who made the claim of Rs. 2,52,900/- against the respondent No. 4 and the appellant on account of compensation for loss of life of late S. Laxmanan, the husband of the respondent No. 1, who died in the motor accident. The deceased S. Laxmanan had come to Nagpur in October, 1981, in connection with the work of his company, namely, the Teletherm Instrument Company Private Limited, Madras, which had taken a contract of construction of a Thermal Power Station at Koradi. He visited the site on 2.11.1981 on scooter and when he was returning back from the site at night on Nagpur-Chhindwara Road, the truck bearing No. CPH 7452 belonging to the resp...
Alan Joseph D'Souza Vs. Joyee Mariquinha D'Souza
Court: Mumbai
Decided on: Jul-02-1992
Reported in: II(1993)DMC254
A.A. Cazi, J.This is a wife's (respondent) Notice of Motion for interim maintenance, costs of the proceedings and costs for coming down to India for defending the proceedings.1. The husband (petitioner) has filed the petition for decree of nullity of marriage on the ground of impotency. There are no issues from this marriage. The parties have never lived together in Bahrain as the husband never went to Bahrain. The wife has gone there for earning and according to the submissions made by Mr. Shahapurkar the respondent is earning 273 o Dinars per month and further according to Mr. Shahapurkar presently each Dinar is equivalent to Rs. 80/- in Indian currency. This would give the figure of Rs. 21,840/- as the wife's income per month. Out of the income of 273 Dinars per month, the wife has given her breakdown of monthly expenses and that is as follows:Rentals 120 DinarsElectricity & WaterCharges (average) 25 DinarsTelephone (average) 70 DinarsFood, Clothing, misc. expenses 30 Dinars2. Perha...
Oriental Fire and General Insurance Co. Ltd. Vs. Hemlata and ors.
Court: Mumbai
Decided on: Jul-02-1992
Reported in: I(1992)ACC374
H.W. Dhabe, J.1. The appellant Insurance Company has challenged the award of the learned Motor Accidents Claims Tribunal (District Judge), Nagpur (for short 'the Claims Tribunal') only on the ground that its liability to make the payment to the claimants is restricted to Rs. 50,000/-.2. The facts are that the respondent Nos. 1 to 3 are the claimants who made the claim of Rs. 2,52,900/- against the respondent No. 4 and the appellant on account of compensation for loss of life of late Section Laxmanan, the husband of the respondent No. 1, who died in the motor accident. The deceased Section Laxmanan had come to Nagpur in October, 1981, in connection with the work of his company, namely, the Teletherm Instrument Company Private Limited, Madras, which had taken a contract of construction of a Thermal Power Station at Koradi. He visited the site on 2.11.1981 on scooter and when he was returning back from the site at night on Nagpur-Chhindwara Road, the truck bearing No. CPH 7452 belonging t...
Arvindkumar Hiralal Mehta Vs. Bank of Baroda and Others
Court: Mumbai
Decided on: Jul-01-1992
Reported in: [1992(65)FLR1046]; (1993)ILLJ322Bom
1. (a) The petitioner joined the service as a clerk in the first respondent bank from 11th December 1964. (b) In 1981 there was shortage of cash detected to the tune of Rs. 1,00,000/-in the Crawford Market Branch of respondent No. 1. (c) By letter dated September 15, 1981 the petitioner was asked to submit his explanation for the said shortage. By the said letter the petitioner was informed that there was a shortage of Rs. 1,00,000/- at the close of business on September 8, 1981. (d) By letter dated September 19, 1981 the petitioner confirmed the cash shortage of Rs. 1,00,000/-. By the said letter dated September 19, the petitioner stated that the petitioner did give charge of the cash at 1.30 p.m. to Mr. H. M. Patel and handed over the cash Key to Mr. Patel after debiting the amount of Rs. 1,00,000/- to suspense account. He has not gone out of the branch once be reported to work at 10.20 till he was required to go to the police station for giving his statement as Bank had filed the co...
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