Mumbai Court February 1993 Judgments
Commissioner of Income-tax Vs. Mahindra Sintered Products Ltd.
Court: Mumbai
Decided on: Feb-26-1993
Reported in: [1993]203ITR46(Bom)
Smt. Sujata Manohar, J.1. The assessee is a limited company. The reference pertains to the assessment year 1973-74 and the relevant previous year ended on April 30, 1972. Fifty-one per cent. of the total shares of the assessee-company were at the material time held by Mahindra and Mahindra Ltd., a public limited company, whose shares were quoted on the stock exchange except for one share each held by B. C. Mahindra and Indra Chatterji. Forty-nine per cent. of the shares were held by Burn Field Ltd., a company incorporated in the United Kingdom. The assessee-company in articles 30 to 36 of its articles of association had provided for certain restrictions on the transfer of shares. These articles were deleted by a special resolution of the company passed on April 25, 1972, a few days before the end of the relevant previous year. 2. For the year under consideration the Income-tax Officer adjudged that the assessee-company was a company in which the public were not substantially interested...
Tag this Judgment!Tekson P. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-26-1993
Reported in: [1993]203ITR431(Bom)
U.T. Shah, J.1. As per the direction of the Supreme Court in Civil Appeal No. 939(MT) of 1978 dated May 1, 1978, the Tribunal has drawn up a statement of the case and referred the following question to this court : 1'Whether, on the facts and in the circumstances of the case, the sum of Rs. 81,755 was allowable as a short-term capital loss ?' 2. The assessee is a private limited company and carries on the business of manufacture and sale of radiators, heat exchangers, oil coolers, brake hoses and hydraulic high pressure hoses. The assessment year is 1971-72 and the relevant previous year ended on March 31, 1971. 3. The assessee had floated a new company at Singapore under the name and style of Cooling Systems and Flexibles Pvt. Ltd. with the approval of the Central Government for the manufacture of automobile ancillaries. The total paid-up share capital of the Singapore company was to be Rs. 53,62,000 of which the equity contribution of the assessee was sanctioned at Rs. 12,80,000. Out...
Tag this Judgment!Star Chemicals Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-26-1993
Reported in: [1993]203ITR11(Bom)
Smt. Sujata Manohar J.1. The assessee-company is a private company carrying on the business of manufacturing chemicals. The reference pertains to the assessment year 1971-72. The relevant previous year was from July 1, 1969, to June 30, 1970. The assessee-company holds 100 per cent. of the share capital of another private limited company known as Nestler Boilers Pvt. Ltd. Nestler Boilers Pvt. Ltd. has issued 775 shares of the face value of Rs. 1,000 each. The assessee-company held at the material time 772 shares of the said company. It also held the remaining three shares of the said company in the name of other persons who were the nominees of the assessee-company. Hence, Nestler Boilers Pvt. Ltd. was a 100 per cent. subsidiary of the assessee-company. 2. The assessee-company had borrowed loans from its subsidiary company as follows : ------------------------------------------------------------------- Assessment year Loan Interest ------------------------------------------------------...
Tag this Judgment!Pest Control (India) Pvt. Ltd. Vs. Pest Control (India) Pvt. Ltd. Empl ...
Court: Mumbai
Decided on: Feb-26-1993
Reported in: 1994(1)BomCR59; [1994(68)FLR547]; (1996)IIILLJ714Bom; 1993(2)MhLj1617
1. The subject matter of challenge in this writ petition is the order, dated November 30, 1988 of the Industrial Court, Bombay, under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act) whereby the order of the Labour Court rejecting the complaint of Unfair Labour Practice made by the union under the above Act was set aside and it was held that the dismissal of the workman concerned amounted to unfair trade practice within the meaning of item (1) of Schedule IV of the Act and the employer company was directed to reinstate him with full wages. 2. The petitioner-company had dismissed one of its employees Jagjeet Singh, who was working as a driver and mechanic. The facts giving rise to his dismissal from service briefly stated, are as flows : The aforesaid employee Jagjeet Singh was also working as President of the Union of the employees of the company since April 1981. On March 15, 1983. A notice as fixed by hi...
Tag this Judgment!Vilas Dhanraj Gosewade and Others Vs. Maharashtra State Road Transport ...
Court: Mumbai
Decided on: Feb-26-1993
Reported in: 1994(2)BomCR245; (1993)95BOMLR823; (1993)IILLJ1154Bom
1. Being aggrieved by order dated February 19, 1991 passed by the Industrial Court, Nagpur, dismissing their complaint as not tenable on the ground of misjoinder of causes of actions, this petition is filed under Article 227 of the Constitution of India. 2. The petitioners have been working with the respondent Corporation and according to them, they were entitled to certain benefits on account of their continuous working in their respective posts for more than 180 days. There is no dispute that there has been a settlement on April 25, 1956 and under Clause 49 of the said settlement, the employees of the Corporation who have completed 180 days, were entitled for certain benefits mentioned therein. There is no dispute that Clause 49 of the said settlement is applicable to the case of the present petitioners. 3. The petitioners filed joint complaint before the Industrial Court for a declaration that the respondent-Corporation has engaged in unfair labour practices under Item No. 9 of Sche...
Tag this Judgment!Pandurang Narayan Deshmukh and anr. Vs. Anjirabai Parvati Gujar Since ...
Court: Mumbai
Decided on: Feb-26-1993
Reported in: 1994(1)BomCR683; (1993)95BOMLR195
Bhimrao N. Naik, J.1. This is a petition filed under Article 227 of the Constitution which seeks to challenge the judgment and decree passed by the learned Asstt. Judge, Satara on 5th July, 1982 in Regular Civil Appeal No. 196 of 1980, on the ground of non-payment of rent. 2. Before touching the various points urged, it would be quite necessary to refer to few facts which are undisputed. The petitioner was tenant of shop premises situated at Satara admeasuring about 4 khans and initially rent was Rs. 15/- per month. In the year 1952 rent was increased to Rs. 20/- per month. Regular Civil Suit No. 57 of 1959 was filed by the respondent-landlord against petitioner for his eviction. The said suit ended in a compromise and the petitioner agreed to surrender two khans of the shop premises and retained the remaining two khans of the shop premises agreeing to pay Rs. 20/- per month. On 6th September, 1971 notice of demand was issued to the petitioner-tenant and arrears were claimed from 1st M...
Tag this Judgment!Nand Kishore Vishwanath Neware Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-26-1993
Reported in: II(1993)DMC195
A.A. Desai, J.1. The finding of conviction for the offences punishable under Sections 498A and 306 of Indian Penal Code impugned in this appeal is based on the dying declaration of Panchfula, who succumbed to burn injuries on 25.5,1988. Shri Lambat, the learned Counsel appearing for appellant-accused, has assailed the finding of conviction mainly on the ground that the dying declaration of Panchfula does not bring out any ingredient of abetment so as to hold that appellant-accused, by his cruel treatment, instigated or forced his wife, Panchfula, to bring an end to her life. On the other hand, Shri Kukde, the learned Additional Public Prosecutor appearing for the State, tried to support the finding of conviction. Considering the rival claims, we propose to examine the text of prosecution claim.2. Undisputedly, the marriage between the parties took place in 1981. Out of wedlock, they had three children. The claim of prosecution is that on 5.5.1988. Panchfula, wife of appellant-accused, ...
Tag this Judgment!Jagannath Sadashiv Waghmare Vs. Sadashiv Tatyaba Waghmare and ors.
Court: Mumbai
Decided on: Feb-26-1993
Reported in: (1993)95BOMLR762
P.S. Patankar, J.1. Admit. The learned Advocate for the respondents waives notice. By consent heard forthwith.2. The respondent No. 1 filed the suit for partition and separate possession of certain properties against the appellant and Respondent Nos. 2 to 4. The appellant and respondent Nos. 2 and 3 are the sons of respondent No. 1 while the Respondent No. 4 Is the wife of Respondent No. 1. The said suit came to be decreed by the Civil Judge, Junior Division, Barshi. Being aggrieved, the appellant herein preferred Civil Appeal No. 449 of 1990. The learned Judge accepted the contention that the decree passed was ex parte and remanded the suit for fresh hearing. However, while passing the said order, the learned Judge directed that the appellant should pay Rs. 300 to Respondent No. 1 per month by way of interim maintenance from 1st August, 1992 till the decision of the suit.3. The order of remand is not under challenge. The appellant has challenged the order passed by the learned appella...
Tag this Judgment!The State of Maharashtra Vs. Baroda Rayon Corporation Ltd.
Court: Mumbai
Decided on: Feb-26-1993
Reported in: (1993)95BOMLR259
S.W. Puranaik, J.1. This appeal under Section 54 of the Foreign Exchange Regulation Act, 1973 by the State challenges the concurrent orders passed by the Adjudicating Authority viz. the Enforcement Directorate and the Foreign Exchange Regulation Appellate Board (FERA Board) which is the Appellate Authority.2. Perusal of both these orders shows that on suspicion that U.S. Dollars 10,000 have been credited by M/s. Baroda Rayon Corporation Ltd. , to an account in Italy an investigation was taken up and proceedings initiated for breach of Sections 9(1)(a) and 14 of the Foreign Exchange Regulation Act, 1973, However the Adjudicating Authority found as a fact that there was no material to show as to in what respect and in what account and for what purpose the amount of 10,000 'U.S. Dollars was credited to Italy account. The whole ease was based only on suspicion or surmises without any basis. The Adjudicating Officer, therefore, discharged the show-cause notice against the Director Dr. C. Ro...
Tag this Judgment!Assistant Commissioner of Vs. Premodyan (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-25-1993
Reported in: (1993)45ITD406(Mum.)
1. This is an appeal by the revenue against the order of the CIT(A), for the assessment year 1988-89. The ground raised in this appeal is as under: On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in holding that the income under each head retains its character, even while being assessed as share of profit from a firm, in the hands of partner and thereby erred in directing the Assessing Officer to allow relief under Section 80M on the dividend income of Rs. 91,100.2. The assessee is a Private Limited Company. It is a partner in a firm, M/s. Premchand Raichand & Co., hereinafter referred to as "PRC".PRC held certain shares in Industrial Investment Trust and Century Enka on which gross dividend of Rs. 3,92,338 was received, the tax deducted at source being Rs. 27,936, leaving thereby the net receipt of Rs. 3,64,402. Besides the dividend income, PRC had income from house property of Rs. 36,178, business loss of Rs. 2,51,092; the net income being ...
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