Mumbai Court February 1993 Judgments
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Municipal Corporation of Greater Bombay Vs. Gundecha Bros. and anr.
Court: Mumbai
Decided on: Feb-18-1993
Reported in: (1993)95BOMLR356
Ashok Agarwal, J.1. The appellant is the Municipal Corporation of Greater Bombay. It has filed a complaint against the first respondent in the Court of the Metropolitan Magistrate Municipal Morning Court Dadar, being Case No. 376/ME/ 1985 alleging an offence under Section 377(A)(i) read with Section 471 of the Bombay Municipal Corporation Act. On the first date of hearing i.e. 10th October, 1985 the Hon'ble Metropolitan Magistrate, Municipal Morning Court, Dadar, Bombay, passed the following order, disposing of the complaint :Municipal Prosecutor present. One Shri Ramesh Udani for the Accused present. Prosecution witnesses absent. Request for time of Municipal Prosecutor is rejected. Hence accused is acquitted for want of evidence.The complaint was filed by a public servant. The complaint was not required to be verified as required under Section 200 of the Code of Criminal Procedure. The Magistrate ought to have proceeded to frame a charge and record the plea of the accused, Even befor...
Assistant Commissioner of Vs. Doshi Exports
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-17-1993
Reported in: (1993)45ITD417(Mum.)
1. This is an appeal by the revenue against the order of the DCIT(A), for the assessment year 1989-90. The grounds raised are: (i) On the facts and in the circumstances of the case and in law, the learned DC(A) erred in directing the Assessing Officer to recompute the deduction under Section 80HHC of IT Act, after including the service charges of Rs. 32,848, without reference to the facts on which the findings of the Assessing Officer in the assessment order were based. (ii) On the facts and in the circumstances of the case and in law, the learned DC(A) erred in deleting the addition of Rs. 20,175 made on account of interest on debit balance of partners, without reference to the facts on which the findings of the Assessing Officer in the assessment order were based.2. The assessee had claimed Section 80HHC deduction of Rs. 3,42,277, whereas the Assessing Officer allowed it at Rs. 3,36,241. He made two adjustments to the assessee's profits while considering the claim of the assessee : ...
Commissioner of Income Tax Vs. P.C. Joshi and anr.
Court: Mumbai
Decided on: Feb-17-1993
Reported in: [1993]202ITR1017(Bom)
Sujata Manohar, J.1. Under s. 256(1) of the IT Act, 1961, the following question is referred to us for opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in applying the tests laid down by the Bombay High Court's unreported decision for the purpose of determining whether or not the plots of land sold by the assessee constituted agricultural lands 2. This reference pertains to asst. yr. 1966-67. The two assessee P. C. Joshi and B. C. Joshi are brothers. Father of the assessees owned agricultural property consisting of open undeveloped land admeasuring 9,192 Sq. yds. in the Registration District of Bombay sub-urban sub-district Bandra being Sr. No. 135/6 and 135/1B of Mulund Divn. Father of the assessees by a gift deed dt. 7th June, 1962 gifted a piece of land admeasuring 2,727 sq. yds. out of this land to the assessees. This land has been sold by the assessees to the Maharashtra State. Co-operative Bank Ltd. on 24th June, 1965 for a sum of ...
Kartarsing S/O Sardarsingh Pardeshi and ors. Vs. the State of Maharash ...
Court: Mumbai
Decided on: Feb-17-1993
Reported in: 1994(1)BomCR642; (1993)95BOMLR118
V.S. Sirpurkar, J.1. In this petition the election programme of respondent No. 6 Chalisgaon Peoples Co-operative Bank Ltd., Chalisgaon, is challenged on various grounds. The said election was scheduled to be held in pursuance of a programme dated 10-12-1992. The said programme was thereafter amended by changing the date of the elections and this amendment was effected on 25-12-1992. The main ground on which the programme is challenged is firstly that there has been no reservation provided in the Board of Directors to the members of Scheduled Castes or Scheduled Tribes in contravention of section 73-B of Maharashtra Co-operative Societies Act. The second ground on which the said programme is challenged is for the unfairness of the whole programme in as much as, the petitioners contend, that the present members of the Board of Directors have nominated themselves as members of the election committee and this election committee is acting as a Returning Officer for these elections. It is al...
Amar Singh Laxmandas Chhabaria and Anr. Vs. Smt. Subhadrabai Annasaheb ...
Court: Mumbai
Decided on: Feb-17-1993
Reported in: (1993)95BOMLR226
Bhimrao N. Naik, J.1. This is a petition by original defendants-tenant challenging the decree for possession passed on the ground of acquisition of alternative suitable premises.2. Few facts which are relevant for the purpose of this petition Eire that Respondent-landlord filed Civil Suit No. 2895 of 1975 initially only against Petitioner No. 1 alleging that he is not using the premises for the purpose for which it was let for a period of more than six months prior to the date of institution of the suit, i. e. since January, 1972. It is also alleged in the suit that since the tenant has acquired suitable residence, he has shifted to the said premises since 1972 and after filing such a suit in the year 1978, to be precise on 30th August 1978, he joined Petitioner No. 2 as Defendent No. 2 in the suit.3. The defendants contested the suit and it was pointed out that Block No. 1/8 in Gita Society was acquired by original Defendent No. 2 and Petitioner No. 1 has nothing to do with the said p...
Commissioner of Income Tax Vs. P. C. Joshi and anr.
Court: Mumbai
Decided on: Feb-17-1993
Reported in: (1993)111CTR(Bom)226
SUJATA MANOHAR, J. :Under s. 256(1) of the IT Act, 1961, the following question is referred to us for opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in applying the tests laid down by the Bombay High Courts unreported decision for the purpose of determining whether or not the plots of land sold by the assessee constituted agricultural lands ?2. This reference pertains to asst. yr. 1966-67. The two assessee P. C. Joshi and B. C. Joshi are brothers. Father of the assessees owned agricultural property consisting of open undeveloped land admeasuring 9,192 Sq. yds. in the Registration District of Bombay sub-urban sub-district Bandra being Sr. No. 135/6 and 135/1B of Mulund Divn. Father of the assessees by a gift deed dt. 7th June, 1962 gifted a piece of land admeasuring 2,727 sq. yds. out of this land to the assessees. This land has been sold by the assessees to the Maharashtra State. Co-operative Bank Ltd. on 24th June, 1965 for a sum of Rs...
Smt. Laxmi Kishore Tonsekar Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-16-1993
Reported in: 1993(2)ALT(Cri)14; 1993(3)BomCR65; 1993CriLJ2772; 1993(1)MhLj609
ORDER1. Rule. Rule made returnable forthwith. Mr. Palekar, learned A.P.P., waives service. By consent, petition taken on board for final hearing.2. Has a Magistrate jurisdiction to issue show cause notice to the accused when he holds an enquiry or investigation under S. 202 of the Cr.P.C.; into a complaint of which he is empowered to take cognizance is the question raised in this petition.3. The petitioner has filed a complaint on 28th May, 1992 in the Court of learned Metropolitan Magistrate, XXI Court, Bandra, Bombay against (1) Kishore S. Tonsekar and (2) Manorama M. Tonsekar for the offences punishable under sections 403, 406 and 408 read with Sections 34 and 114 of the Indian Penal Code. The petitioner has also filed application under S. 93 of the Cr.P.C. for issuance of search warrant against the accused. On 4th June, 1992, the learned Magistrate recorded the verification of the said complaint by examining the petitioner on oath. The learned Magistrate then adjourned the case fro...
international General Electric Co. (India) Limited Vs. Commissioner of ...
Court: Mumbai
Decided on: Feb-16-1993
Reported in: [1993]202ITR960(Bom)
Mrs. Sujata Manohar, J.1. This reference pertains to the assessment year 1966-67. The assessee at all material times to the reference was engaged in the work of erection of the Tarapur Atomic Power Project, apart from its normal trading activities. The work of erection continued over the accounting years 1964 to 1968. In view of the dimension of the project and the difficulty in ascertaining profits accruing to the assessee from year to year in respect of this project, there was an agreement between the assessee and the Central Board Of Direct Taxes under which a special arrangement was approved. Basically a provisional profits or loss on the Project for each year was to be estimated and recorded in the books of the assessee. The assessee was to make an on-account tax payment annually in relation to the receipt of station rupee payments under the Tarapur Project and tax demands were to be based on the assumption of provisional rate of profit at 6.04 per cent. 2. In respect of the asses...
Narayan Megha Gohil Vs. Municipal Corporation of Greater Bombay
Court: Mumbai
Decided on: Feb-15-1993
Reported in: AIR1993Bom291; 1993(3)BomCR257; 1994(1)MhLj587
1. The writ petitioner is the occupant of a portion of a building on premises No. CTS No. 1044 situated at Devchi Wadi, Versova village, Andheri (West). As the said.premises in the petitioner's occupation were in. great disrepair, the Assistant Engineer (B & F), K-West Ward of Municipal, Corporation of Greater Bombay ('Corporation') issued a notice dated 20-12-1986 to the petitioner calling upon him to carry out the repairs to the premises as mentioned in the said notice. In the above notice it was stated that the petitioner should replace the decayed wooden members of the said premises by new ones i.e. wooden posts, beams, joints and side walls, replace damaged C.I. sheets by new C.I. sheets and replace the broken AC sheets of roof by new ones. There was some delay on the part of the petitioner in carrying out the repairs in terms of the said notice. However, the petitioner started the repair work in May, 1988 While the repairs were going on, on 20-5-1988, some officers attached to K-...
Pesi Shroff Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Feb-15-1993
Reported in: AIR1993Bom384; (1993)95BOMLR610
ORDERV. A. Mohta, J. 1. Pesi Shroff is a flat racing jockey of repute. The Royal Western India Turf Club ('the Turf Club') denied to him the racing licence for the racing calendar 1992-1993. Aggrieved thereby, he has filed the writ petition under Article 226 of the Constitution, against the Turf Club for restoration of his licence. 2. Preliminary jurisdictional point which we were called upon to decide is, whether this Writ Petition is maintainable. 3. Whether the Turf Club is a 'State' within the extended meaning given to the said term under Article 12 of the Constitution? 4. The concept 'State' takes within its sweep not only the executive and legislative wings of the Union and the States but also local bodies as well as 'other authorities' which would include the instrumentalities or agencies of the State or institutions which discharge public functions of a governmental nature. Great mass of case law has developed in the process of interpreting the expression 'other authorities'. S...
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