Mumbai Court October 1993 Judgments
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TajmulhussaIn S/O Mulla Mumtaz HussaIn Vs. Satish S/O Bhanudas Chavan
Court: Mumbai
Decided on: Oct-14-1993
Reported in: 1994(3)BomCR317; (1993)95BOMLR689
M.S. Vaidya, J.1. Rule made returnable forthwith by consent of the Advocates.2. This is plaintiff's revision against an order dated 2-2-1993, passed by Joint Civil Judge, Junior Division, Aurangabad, in Regular Civil Suit No. 882 of 1990, below Exh. 49, rejecting the appointment of Commissioner, as sought by the plaintiff. 3. The plaintiff had brought the suit for perpetual injunction restraining the defendant from obstructing the plaintiffs' possession on the suit portion, namely, the northern triangular portion of his erstwhile Survey No. 6-A of village Shahnoorwadi (now C.T.S. No. 16035-A), which is located in the city of Aurangabad. In substance, the dispute between the parties is about the location of the boundary line between various sub-divisions of C.T.S. No. 16034 and various sub-divisions of C.T.S. No. 16035 of Aurangabad. According to the plaintiff, the alleged encroached portion forms part of C.T.S. No. 16035-A. According to the defendant, the same forms part of C.T.S. No. ...
Trinity Shipping and Allied Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-13-1993
Reported in: (1994)(50)LC319Tri(Mum.)bai
1. Both the Misc. application as well as the appeal are against the order of the Collector of Customs, Kandla ordering suspension of the Custom House Agent licence No.CHA/KDL/T/14/91 vide Collector of Customs Order No. S/07-02/T-01/91-7835 dated 18.8.1993.2. Dr. Kantawala mainly pleads that the order of suspension is defective. It does not indicate any precise reason giving rise for immediate necessity to suspend the C.H.A.'s licence. In this context he invites our attention to our order passed by this Bench in the identical situation, in the case of Eagle Shipping (India) Services v.Collector of Customs, Bombay 3. After perusing of the order and after hearing both sides, we agree that the order passed by the Collector is identical to the one considered by us in the aforesaid citation. Hence it would be desirable to follow the same approach by reproducing our observations in the aforesaid case. We find that under the Regulation 21(2) of the Custom House Agents Licensing Regulations, t...
income-tax Officer Vs. D.D. Hazare
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-13-1993
Reported in: (1994)48ITD595(Mum.)
1. This Is an appeal filed by the department against the order of the CIT(A) deleting disallowances made under Section 40A(3) of the Income-tax Act, 1961.2. The disallowances were of two kinds. The first consisted of disallowances totalling Rs. 23,07,483 being cash payments and payments by bearer cheque to sub-contractors and the second consisted of payments totalling Rs. 1,35,127 being purchases made in cash. The individual amounts of payments, in both the cases, was stated to be above Rs. 2,500.3. The assessee is a registered firm and the business is stated to be road repairing contracts as well as construction of new roads. For part of the work, the assessee sub-contracted the orders received from the Government and semi-Government Corporations whereas the remaining work was executed by the assessee itself.4. In the course of assessment proceedings, it was noticed that the assessee had made payments in cash of amounts exceeding Rs. 2,500 at a time to sub-contractors as well as some...
Vincent Joseph Konath and Etc. Vs. Jacintha Angela Vincent Konath and ...
Court: Mumbai
Decided on: Oct-13-1993
Reported in: AIR1994Bom120; 1994(1)MhLj477
1. By his order dated 16th August 1993 the Prothonotary and Senior Master has made a reference to the Court presided by me while I was sitting as the Chamber Judge as contemplated under the first proviso to R. 13l of the Bombay High Court Rules (Original Side). The Reference remained part-heard when assignments changed. The material controversy concerning both the suits is identical. The basic facts concerning jurisdictional issue in both the suits are almost identical.2. The Court is required to interpret Ss. 18(1) and 18(4) of the Foreign Marriage Act 1969 and S. 2 of the Indian Divorce Act, 1869 and consider as to whether this Honourable Court has jurisdiction to entertain this suit. The Prothonotary and Senior Master felt that the Family Court, Bombay appears to have jurisdiction to entertain the suits in question in view of the provisions contained in Ss. 7 and 8 of the Family Courts Act, 1984. The Prothonotary and Senior Master has referred the following three questions to this C...
Sanjay Forging and Steel Industries Vs. Bombay Forgings Pvt. Ltd.
Court: Mumbai
Decided on: Oct-13-1993
Reported in: [1995]82CompCas586(Bom)
M.S. Rane, J. 1. Both the petitioners and their advocates not present, the matter is being disposed of in view of the legal position as explained hereinbelow. 2. The points involved in the petition herein filed by the creditors for winding up the respondent-company, viz., M/s. Bombay Forgings Pvt. Ltd. (hereinafter referred to as 'the company' for brevity's sake) on the ground of inability of the company to pay debts, are as under : (i) Whether the petitioner filed, without obtaining prior permission under section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) (hereinafter referred to as 'the SIC Act'), from the Board for Industrial and financial Reconstruction ('BIFR' in short) against the company already declared as 'a sick unit' by the BIFR under the SIC Act, prior to the presentation of the petition in the court is void ab initio and liable to be dismissed as being not maintainable. (ii) Whether the petition can be kept alive by keeping it in abe...
ScIndia Steam Navigation Company Limited Vs. Sam Rustomji Lakdawala an ...
Court: Mumbai
Decided on: Oct-13-1993
Reported in: (1994)96BOMLR976
M.K. Mukherjee, C.J.1. While working as an Assistant Electrical Superintendent under the Appellant-Company ('Company', for short) the respondent No. 1 was served with a letter dated November 30, 1987 terminating his services with immediate effect. Aggrieved thereby, he filed a writ petition before a learned Judge of this Court contending that consequent upon the enactment of the Shipping Development Fund Committee (Abolition) Act, 1986 ('Act', for short) and its imposition upon the Company with effect from April 3, 1987 it became a 'State' within the meaning of Article 12 of the Constitution of India and that the Company's action in terminating his services was violative of Articles 14 and 16 thereof. In repelling the above contentions the Company urged that by no stretch of imagination could it be said that it became a 'State' on the enforcement of the Act and submitted that the writ petition was not maintainable nor were the Articles 14 and 16 of Constitution of India available to th...
Shriram S/O. Narayan Bhoyar Vs. Maharashtra State Road Transport Corpo ...
Court: Mumbai
Decided on: Oct-12-1993
Reported in: [1994(68)FLR651]
Desai, J. 1. The petitioner was working as a driver. After a departmental enquiry, he was dismissed. He approached the Labour Court under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, the complaint was dismissed. Order of dismissal was confirmed. In revision, the Industrial Court refused to interfere with the order of the Labour Court. Hence this petition. It is urged at length by Mr. Jagdale that it was the first accident. The damage caused to the vehicle was only to the extent of Rs. 2,000/- when a State Transport Bus colluded against a tractor. In view of the nature of the accident, the punishment of dismissal is severe and disproportionate looking to the gravity of the misconduct. In view of this, a notice was issued to the respondent Corporation. 2. Mr. Wankhade appeared for the respondent-Corporation and submitted a list of previous incidents indicating the various accident. On the earlier occasion, a minor punishme...
Nandanvan Co-operative Industrial Estate Ltd. Through Its Executive Of ...
Court: Mumbai
Decided on: Oct-12-1993
Reported in: 1994(1)BomCR679
V.A. Mohta, J.1. A point of some interest is involved in this Second Appeal. 2. The factual matrix against which the point arises is short and it is this. Municipal Council, Thane, through its Chief Officer-(Respondents-Defendants) issued a bill under section 150 of the Maharashtra Municipalities Act, 1965 ('the Act') dated 31-3-1969 for taxes on buildings amounting to Rs. 1,17,833.65 np., for the period 1965-66 to 1968-69 to Nandanvan Co-operative Industrial Estate Ltd., Thane, (the Appellant-Plaintiff). The plaintiff represented to the Municipal Council that it had not occupied the property before 21-3-1968 and hence taxes on that basis comes to only Rs. 41,000/-. The Standing Committee of the Municipal Council accepted this representation in its meeting dated 16-7-1969 and resolved to accept a sum of Rs. 50,000/- in full and final settlement of the said bill. The plaintiff accordingly paid the said amount and the Municipal Council accepted the payment in full discharge of the said b...
inter Globe Air Transport Vs. Mrs. Leela Deshpande and anr.
Court: Mumbai
Decided on: Oct-12-1993
Reported in: 1994(2)BomCR596
A.V. Savant, J.1. Heard both the learned Counsel, Dr. Chandrachud for the petitioner employer and Mr. Puri for respondent No.1 - original complainant employee.2. The petition seeks to challenge the interim order dated 28th July, 1993 passed by the Industrial Court, Bombay, granting interim reliefs in terms of para 4(a), (b) and (c) of the complaint filed by the respondent workman. In para 4(a), prayer is for an injunction restraining the petitioner employer from dismissing, discharging or terminating the services of the complainant. In para 4(b), prayer is for a direction not to adversely change the service conditions of the complainant and in para 4(c), prayer is for a direction to the petitioner to withdraw the illegal change permanently and pay the amount lost by the complainant by virtue of illegal change. Since the matter has been argued at length, and since the question of interim relief assumes importance in the peculiar nature of the controversy, it has become necessary to reco...
Padamshi Meghji Vs. Second Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-11-1993
Reported in: (1994)48ITD127(Mum.)
1. This is an appeal by the assessee for the assessment year 1982-83 in which several grounds are agitated. They are dealt with seriatim.2. The first ground is that the learned Commissioner of Income-tax (Appeals) erred in holding that the central excise refund of Rs. 70,649 is taxable under Section 28(iv). The appellant is a firm. Its accounting year is Samvat year 2037, i.e., the period from November 8, 1980, to October 27, 1981. The firm was constituted under a deed of partnership dated January 17, 1980, and it came into operation form January 3, 1980. Earlier, it was a proprietary concern of one Hiralal Padamshi who died on January 2, 1980. As per the will of the deceased, his proprietary business was converted into a partnership firm consisting of five partners. The firm received central excise refund of Rs. 70,649 in respect of exports effected in Samvat years 2035 and 2036. This refund was brought to tax in the hands of the partnership under Section 28(iv). The appellant, befor...
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