Mumbai Court August 1992 Judgments
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Vatchhalabai Maruti Kshirsagar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-25-1992
Reported in: 1993CriLJ702; 1993(1)MhLj971
1. Section 314 of the Indian Penal Code prescribes that if an act is done with the intent of causing the miscarriage of a woman with a child, and it results in the death of such woman, that the accused shall be punished in the manner prescribed by that Section. The issue canvassed in this appeal centres around the question as to whether the accused, who undoubtedly attempted to cause a miscarriage of a pregnant woman, but was unsuccessful in the process, and was convicted for the death of the person was rightly held guilty, when it was demonstrated that the girl had died several weeks later of septicemia without it having been established that the accused was in any way responsible for her fatal condition. Conversely, merely because there was a time-lag between the date when the deceased was treated and the subsequent death and the unfortunate situation that adequate and proper surgery and corrective action was not made available to the deceased, could it exonerate the accused from the...
Davy Powergas India Pvt. Ltd. Vs. Central Board of Direct Taxes and An ...
Court: Mumbai
Decided on: Aug-25-1992
Reported in: [1994]207ITR158(Bom)
Mrs. Sujata Manohar, J.1. The petitioner-company is engaged in the activity of rendering technical services, preparation of designs and providing technical know-how to a number of industries. It claims to have a staff of more than 200 highly qualified engineers. The petitioner-company entered into an agreement dated September 21, 1982, with an English company known as 'Albright and Wilson Limited'. The English company was engaged in setting up a factory in Thailand for the manufacture of Sodium Tripolyphosphates (STPP). Under the agreement of September 21, 1982, the petitioners agreed to provide certain services to Messrs. Albright and Wilson Limited, as set out in Schedule 1 of the agreement.2. By their application dated April 19, 1983, filed before the Central Board of Direct Taxes, the petitioners applied for the approval of this agreement under section 80-O of the Income-tax Act, 1961. The Central Board of Direct Taxes, however, after some correspondence, by its letter dated Februa...
Khatri Consultants Services Pvt. Ltd. and Another Vs. Central Board of ...
Court: Mumbai
Decided on: Aug-25-1992
Reported in: [1993]203ITR634(Bom)
B.N. Srikrishna J. 1. This writ petition under article 226 of the Constitution of India impugns an order of the Central Board of District Taxes (hereinafter referred to as 'the Board') dated February 17, 1986, declining to grant approval to the agreement dated June 28, 1976, for the purposes of section 80-O of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The first petitioner is a private limited company which claims to possess a high degree of technical expertise in the field of building construction. The first petitioner entered into an agreement dated June 28, 1976, with a partnership known as 'National Construction Company' which is situate in Bahrain. Under the said agreement, the first petitioner was to provide assistance in the technical plan project, methods and execution thereof, selection of equipment required from time to time, drawing up specifications of different materials and items and inviting and filling in tenders. It was also required to intervi...
Metal Distributors Ltd. Vs. Union of India
Court: Mumbai
Decided on: Aug-25-1992
Reported in: 1993(66)ELT150(Bom)
ORDERKurdukar, J. 1. Heard Counsel for the parties and in our opinion, at this state it is not necessary to deal with the contentions raised in this writ petition. 2. This writ petition is an off shoot relating to a claim of grant of full remission of demurrage charges in respect of the period for which the Detention Certificates being Exhibits D and E to the petition were issued by Respondents Nos. 2 and 3. 2A. On earlier occasion, the petitioners had filed Writ Petition No. 549 of 1982 challenging the legality and correctness of the order dated 23rd January 1982, passed by the Collector of Customs, Bombay, confiscating the imported goods under Section 111(d) of the Customs Act, 1962, but allowing an opportunity to the importer to redeem the same on payment of fine of Rs. 75,000/-. This writ petition was heard by the Division Bench to which one of us (Savant, J.) was a party. The Division Bench vide its order dated 1st August 1991, without going into rival contentions directed the pet...
Kirloskar Pneumatic Co. Ltd. Vs. V.A. More and Others
Court: Mumbai
Decided on: Aug-25-1992
Reported in: 1993(1)BomCR560; (1992)94BOMLR297; [1992(65)FLR790]; (1993)IIILLJ320Bom
1. The short question which falls for determination in this petition filed under Article 226 of the Constitution of India is whether only a Director of the Company can be nominated as an 'occupier' contemplated under Section 2(n) of the Factories Act, 1948. Only few facts are required to be stated to appreciate the controversy raise in the petition. 2. The petitioner is a Public Limited Company incorporated under provisions of the Companies Act, and the Company runs a factory at Hadapsar in Pune District. The factory is duly licensed under provisions of the Factories Act, 1948. Section 2(n) of the Factories Act prior to its amendment on December 1, 1987 read as follows : 'Occupier of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.' Section 100 of the Factories Act prior to its amendment read as follows : '100(1) Where the occup...
Davy Powergas India Pvt. Ltd. Vs. Central Board of Direct Taxes and an ...
Court: Mumbai
Decided on: Aug-25-1992
Reported in: [1994]207ITR164(Bom)
Sujata Manohar, J. 1. Leave to amend the prayer (b) by correcting the name of the company.2. The petitioners carry on the activity of rendering technical services, preparation of designs and provision of technical know-how to various industries. One Messrs. Holding and Industrial Promotion Ag. had undertaken a project at Pelambang in the island of Sumatra to manufacture various products based on technical know-how and the process package from an American company, Reichhold Chemicals Inc. The petitioners entered into an agreement dated September 4, 1982, with the said Messrs. Holding and Industrial Promotion Ag., which is a company registered in Switzerland, for rendering detailed engineering and technical design services as set out in Article 3 of the agreement. Under Article 4, it is clearly provided that the Swiss company shall be responsible for the fabrication, construction and operation of the plant at its own expense based upon detailed engineering drawings certified good by the ...
Chander Changalmal Gehani Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-25-1992
Reported in: 1993(1)BomCR149
M.F. Saldanha, J.1. The appellant, a shop owner from Kolhapur, through this appeal, has challenged his conviction under section 7 of the Essential Commodities Act. The prosecution alleged that on 20-7-1984, the accused had sold one litre of kerosene oil to a punter for a sum of Rs. 3/- even though, at the relevant time, the controlled price of kerosene oil was Rs. 1.95. The police had sent the punter to the shop of the accused with a currency note of Rs. 10/- bearing No. 2/23 228274 and instructed him to purchase from the accused one litre of kerosene oil and to pay for it with the 10 rupee note. The accused gave the punter one litre of kerosene oil, took the 10 rupee note and returned Rs. 7/- to the punter. On receiving a signal from him, the police raided the shop and recovered under a panchnama the currency note of Rs. 10/- from the cash box of the accused, a six litre container of kerosene which was full, as also a funnel and a half litre measure. The accused was thereafter charge-...
Udavji Purshottam Amarcheda and anr. Vs. Municipal Corporation of Grea ...
Court: Mumbai
Decided on: Aug-25-1992
Reported in: 1994ACJ296
P.S. Patankar, J. 1. The appellants herein are the father and mother, who were aged 48 and 40 respectively on the date of accident in which their son Shashikant, aged about 22 years, died. The accident took place on 17.11.1977 at about 9.00 a.m. Shashikant was going on a bicycle along S.V. Road from Goregaon towards Malad. At the same time a motor tanker belonging to the respondent, bearing No. MRR 6122, driven by one Keru Balkrishna Landage was also proceeding in the same direction. It is the case of the appellants that the driver of the municipal tanker was rash and negligent in driving the same and hit the bicycle of Shashikant from behind, as a result of which Shashikant was knocked down on the road and received serious injuries. Deceased Shashikant was removed to Cooper Hospital after the accident but succumbed to the injuries immediately thereafter. The appellants claimed that Shashikant was working as a carpenter in Bombay and was earning about Rs. 20/- to Rs. 25/- per day. He w...
Dhiraj A. Sharma Vs. Income Tax Officer.
Court: Mumbai
Decided on: Aug-25-1992
Reported in: (1993)45TTJ(Mumbai)136
ORDERG. K. ISRANI, J. M. :18th March, 1992.By these four appeals, the assessee has challenged the orders of the learned, CIT(A) upholding the penalties levied under Ss. 271(1) (c) and 273(2) (c) in relation to the asst. yrs. 1987-88 and 1988-89.2. The assessee, an individual, was carrying on business as a jeweller in the name of M/s. Sangeeta Jewellers. The return was filed declaring income at Rs. 1,22,506 on 14th Sept., 1987 for the asst. yr. 1987-88. For the asst. yr. 1988-89, the return was filed on 19th July, 1988 showing income at Rs. 1,47,410. During the course of the assessment proceedings for the asst. yr. 1988-89, it was noticed by the ITO that the assessee had undervalued the closing stock. The ITO required the assessee to furnish the basis and details of valuation of closing stock. Compliance was required to be made on 25th Sept., 1989. The assessee in terms of the letter purporting to be dt. 16th Sept., 1989 offered for revaluation of closing stock and, as a necessary conse...
Udavjipurshottam Amarcheda and anr. Vs. the Municipal Corporation of G ...
Court: Mumbai
Decided on: Aug-25-1992
Reported in: II(1992)ACC742
P.S. Patankar, J. 1. The Appellants herein are the father and mother, who were aged 48 and 40 respectively on the date of accident in which their son Shashikant, aged about 22 years, died. The accident took place on 17th November 1977 at about 9-00 a.m. Shashikant was going on a bicycle along S.V. Road from Goregaon towards Malad. At the same time a motor tanker belonging to the Respondent, bearing No. MRR6122, driven by one Keru Balkrishna Landage was also proceeding in the same direction. It is the case of the Appellants that the driver of the Municipal tanker was rash and negligent in driving the same and hit the bicycle of Shashikant from behind, as a result of which Shashikant was knocked down on the road and received serious injuries. Deceased Shashikant was removed to Cooper Hospital after the accident but succumbed to the injures immediately thereafter. The Appellants claimed that Shashikant was working as a carpenter in Bombay and was earning about Rs. 20/- to Rs. 25/- per day...
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