Mumbai Court February 1993 Judgments
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Govindrao Sopanrao Kadam Vs. Gopinath S/O Vithalrao Saware and Another
Court: Mumbai
Decided on: Feb-25-1993
Reported in: AIR1994Bom183; 1994(1)MhLj761
ORDER1. This revision application raises a question about computation of limitation under Art. 134 of the Limitation Act.2. In Regular Civil Suit No. 54 of 1981 Gangubai obtained a decree for maintenance against her husband Govindrao. In execution of said decree, agricultural land Block No. 222 admeasuring 69 acres. was attachedand sold by public auction. Respondent No. 1 -- Gopinath purchased this property at the Court auction. The said sale was confirmed on 20-12-1986. An appeal against this confirmation was filed by the judgment debtor on 19-1-1987 and on the very day, the operation of the order of confirmation of sale was stayed by the appellate Court. On 19-4-1991, the said appeal came to be dismissed and the stay granted by the appellate Court was vacated. A Second Appeal arising therefrom was also filed in the High Court and this Second Appeal No. 247 of 1989 was dismissed on 21-8-1991.3. Auction purchaser Gopinath filed an application for possession of auctioned property under ...
Mrs. Tarabai Bhimrao Kale Vs. the Returning Officer to the Elections o ...
Court: Mumbai
Decided on: Feb-25-1993
Reported in: AIR1994Bom192; 1994(1)BomCR598; 1993(1)MhLj875
ORDER1. This petition raises a question whether a woman from the non-borrowers category can contest a seat reservedfor woman in the elections to the Managing Committee of a Co-operative Society. Elections to Shivana Vishal Vividh Karyakari Seva Sahakari Sanstha Maryadit, Shivana (Taluka : Sillod, District : Aurangabad), a Co-operative Society governed by the Maharashtra Co-operative Societies Act 1960 are in process. The Managing Committee of this Society consists of 13 members. Out of which, one seat is reserved for economically backward classes, one for Scheduled Caste and Scheduled Tribes and one for non-borrowing members. Two seats are also reserved for women. Petitioner, Mrs. Tarabai Bhimrao Kale, who is a non-borrowing member of the said Society, filed her nomination for one of the seats reserved for woman and her nomination paper came to be rejected by the Returning Officer on the ground that a non-borrowing member can contest only the seat reserved for non-borrowing members and...
Ku. Jayshree D/O Govindrao Shesh Vs. Dean, Government Ayurvedic Colleg ...
Court: Mumbai
Decided on: Feb-25-1993
Reported in: 1996(1)BomCR137
H.W. Dhabe, J.1. The petitioner sought admission in the Government Ayurvedic College, Nagpur, i.e. the respondent No. 1 in 1991-92 academic session for Post Graduate Courses in one of the six subjects for which the advertisement was issued by the respondent No. 1 Dean on 24-9-1991. In particular, she was interested in admission in the subject of 'Kayachikitsa' in which she was at Sr. No. 4 in the merit list for the said subject. There were two seats in the said subject out of which one was reserved for DTNT candidate and another was for in service personnel. Since the said seat was reserved for DTNT candidate in students category, it was obvious that the petitioner could not get that seat in 'Kayachikitsa'. She had, therefore, preferred the instant writ petition challenging the actual reservation made in the said advertisement and also the policy of reservation adopted by the respondent No. 1 College.2. The main grievance of the petitioner in this writ petition is that there is an exce...
State of Maharashtra Vs. Vithal
Court: Mumbai
Decided on: Feb-24-1993
Reported in: 1993(3)BomCR142; 1993CriLJ2285
B.U. Wahane, J.1. This appeal by the State is directed against the finding of acquittal recorded by the learned Addl. Sessions Judge, Akola for the offences punishable under sections 302, 326 and 323 of the Indian Penal Code. 2. In a gruesome incident of assault, two persons were killed while four were injured. The deceased and injured are the blood relations of the respondent/accused. Deceased Kusum was the sister-in-law being the wife of Ramesh the younger brother of the accused. Deceased Bandu was the son of Ramesh and deceased Kusum. Ramesh the brother of the accused. Namdeo the father of the accused and two kids Mamta and Vijay were injured. The said Mamta and Vijay are also the daughter and son of Ramesh and deceased Kusum. 3. The prosecution story, in brief, is as follows : Namdeo (PW 7) an agriculturist owned 16 acres of land at village Shivan Khurd. He has two sons Ramesh and Vithal (respondent/accused). He also owns the house property in the village. Few months before the inc...
Commissioner of Income-tax Vs. Rayex India Ltd
Court: Mumbai
Decided on: Feb-24-1993
Reported in: [1994]207ITR126(Bom)
U.T. Shah, J. 1. In this reference, the Revenue is contesting certain expenditure allowed by the Tribunal in connection with the assessee's dealing with the State Trading Corporation of India ('the STC'). 2. The assessee is a company and is engaged in export of silk, rayon, art silk fabric, etc. The assessment years are 1972-73 and 1973-74. The relevant previous years are the corresponding financial years ended on March 31, 1972, and 1973, respectively. 3. The assessee had entered into an agreement with the State Trading Corporation of India for import from Japan against Yen credit on deferred payment basis six sets of 'TSUDAKOMA' sizing and warping machines. These machines were expected to be allotted to the members of the silk and rayon textile industry and other persons in the trade. The purchasers of these machines were assured certain benefits by the State Trading Corporation of India. The machines were imported from Japan and were stored in the warehouse. As the State Trading Cor...
Sigon Tools and Plastics Pvt. Ltd. Vs. Regional P.F. Commissioner and ...
Court: Mumbai
Decided on: Feb-24-1993
Reported in: 1993(3)BomCR224; (1993)95BOMLR881; (1994)ILLJ983Bom
B.P. Saraf, J. 1. The dispute in this writ petition relates to the date from which the petitioner should be covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act'). 2. The petitioner is a company incorporated under the Companies Act, 1956. It was incorporated on June 14, 1977 primarily with the object of carrying on the business of manufacturing, processing, converting, buying, selling, trading or otherwise dealing with plastics, plastic products etc. Steps were taken thereafter to set-up a factory for the purpose. The factory started functioning from December 26, 1980. On December 4, 1983, the petitioner applied to the Regional Provident Fund Commissioner, Maharashtra for getting registration number under the Act. Along with the application, a duly filled up questionnaire was also submitted. In reply to the query in column 6 of the questionnaire, it was stated as below: The exact date on which the business/ operation/Manu fact-enced for the first...
Hindusthan Levers Mazdoor Sabha and ors. Vs. the State of Maharashtra ...
Court: Mumbai
Decided on: Feb-24-1993
Reported in: 1993(3)BomCR371
V.A. Mohta, J.1. By this batch of 7 Writ Petitions filed by various employees' Unions is challenged the validity of the following Notification dated 9th October 1992 issued by the Industries, Energy and Labour Department of the State Government, in exercise of the powers conferred by section 13 of the Maharashtra Workmens' Minimum House Rent Act, 1983 (`the Act'):'No. HRA. 3191/992/LAB-3A.---In exercise of the powers conferred by sub-section (1) of section 13 of the Maharashtra Workmens' Minimum House Rent Allowance Act, 1983 (Mah. XXIII of 1988), the Government of Maharashtra, being satisfied that it is just and proper to do so in the public interest, hereby directs that, with effect from 1st January 1991, the provisions of the said Act, shall not apply to the factories and establishments in relation to their workmen drawing wages as on 1st January 1991 or thereafter at the rates exceeding the limits mentioned in Column (4) with reference to the Zones and Areas mentioned in Column (2)...
Miss Lata Prabhuappa Warad Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-24-1993
Reported in: 1993(3)BomCR692
B.N. Deshmukh, J.1. These petitions are filed by the students who have applied for admission to First year M.B.B.S. Course for the year 1992-1993 in Government Medical Colleges. As the point involved in all these petitions relates to the eligibility prescribed under the rules framed by the Government for admission for the year 1992-1993, they are heard together and are disposed of by this judgment.2. Though there is a slight difference between the facts in all the petitions, it will suffice to mention the facts in detail in Writ Petition No. 1847/1992 for considering the claims of the petitioners for admission to First Year M.B.B.S. Course.3. The petitioner in this writ petition appeared for the first time for 12th Standard examination held in the month of March 1991. She was declared failed. She has further appeared for the said examination in Oct., 1991, but she was absent in Hindi subject because of her illness; again she was declared as failed. Thereafter, in the month of March, 19...
Smt. Asha Naresh Thakur and Ors. Vs. Vithal Jagannath Godambe (Decease ...
Court: Mumbai
Decided on: Feb-24-1993
Reported in: (1993)95BOMLR160
Bhimrao N. Naik, J.1. This is the petition filed by Obstructionists in Obstructionist Notice No. 263 of 1979 taken out by the Respondents-Decree holders.2. Few facts which are relevant for the purpose of this petition are that the dispute relates to two blocks of rooms adjoining each other situated on the ground floor of House No, 62/K, at Parel village, Bombay-12 and one Gajanan Moreshwar Thakur was the tenant of these premises. This Gajanan Thakur died on 1st February, 1955. The following geneology is necessary to ascertain the rights of the Petitioners to this Petition.Gajanan Thakur died on 1.2.55 Org. Tenant:(7) (Mother-Smt. Renuka) died in 57.(8) (Widow-Smt. Anasuya) died in 59.------------------------------------------------------------------------| | | | | |(1) (2) (3) (4) (5) (6)Madhukar | (Sharad died Suresh Piroj Mhatre Miss Revati| on 22-7-78) (Married got married| daughter) in 61. Mrs.| | Seema Patil.|Naresh (died on 27-11-78)|Mrs. Asha-Petitioner No. 1. (Widow)|Kum. Shyam...
Smt. Gunvanti R. Mehta Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-23-1993
Reported in: (1993)45ITD382(Mum.)
1. This is an appeal by the assessee against the order of the DCIT(A), for the assessment year 1982-83. The main dispute in this appeal is against the assessment of Rs. 66,930 as income of the assessee under Section 2(22)(e) of the Income-tax Act, 1961.2. The facts are that the assessee is a director in M/s. Suraj Diamond Industries Pvt. Ltd. She held 100 shares out of 14,700 shares of the company. Her husband and son both held 2,600 shares each. The total holding of the family was 5,300 equity shares. The ITO noticed that in assessee's accounts, the company had shown an advance of loan of Rs. 66,931 at the end of the year. He also noticed that the company had a reserve and surplus of Rs. 1,17,700. The assessee being a director of the company and the reserves and surplus being more than the amount advanced to the company, the ITO applied the provisions of Section 2(22)(e) of the Act and treated the amount of Rs. 66,931 as deemed dividend received by the assessee and added the same to ...
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