Mumbai Court February 1993 Judgments
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Regional Provident Fund Commissioner and ors. Vs. Mafatlal Group Staff ...
Court: Mumbai
Decided on: Feb-12-1993
Reported in: 1994(1)BomCR425; (1993)95BOMLR147; (1993)IILLJ1066Bom; 1993(2)MhLj1377
Kapadia, J 1. This appeal has been preferred by Regional Provident Fund Commissioner and Union of India against judgment and order dated June 25, 1987, by which the learned Single Judge in effect struck down paragraph 3(a) of the Employees' Provident Fund Scheme, 1952, framed under Section 6-A of the Employees Provident Funds and Miscellaneous Provision Act, 1952 on the ground that the said clause was ultra vires Article 14 of the Constitution. 2. The facts of the case lie within a very narrow compass. By Act 16 of 1971, the Employee's Provident Fund and Miscellaneous Provisions Act, 1952, Section 6-A was introduced whereby the Central Government was empowered to frame a statutory Scheme, called as the Employee's Family Pension Scheme to provide family pension and life insurance benefits to the employees of establishments or class of establishments to which the Provident Fund Act, 1952, apples. Under sub-section (2) of Section 6-A it is provided that the Central Government, by Notifica...
Mayaram Ramsingh Jat and anr. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-12-1993
Reported in: 1993(3)BomCR339
M.L. Dudhat, J.1. This criminal appeal is filed against the judgment and sentence dated 31st January 1991 passed by the 3rd Additional Sessions Judge at Kolhapur in Sessions Case No. 95 of 1990.2. Few facts which are necessary to decide this appeal are as under :Accused Nos. 1 and 2, the present appellants, were charged under section 302 read with section 34 of the Indian Penal Code for commission of offence of murder of one Gulabsing Narayansing Rajput. They were also charged for commission of offence of robbery under section 392 read with section 34 of the Indian Penal Code. The accused were also charged for the offence of kidnapping with intent to murder under section 364 read with section 334 of the Indian Penal Code.3. It was contended on behalf of the prosecution that out of accused Nos. 1 and 2, accused No. 1 Mayaram previously visited Kolhapur somewhere in the year 1988 for training himself in the art of wrestling. Thereafter accused No. 1 returned back to his native place in H...
Smt. Yamunabai Laxman Gaikwad and anr. Vs. V.M. Vanmali and anr.
Court: Mumbai
Decided on: Feb-12-1993
Reported in: (1993)95BOMLR265
B.N. Naik, J.1. This is the Petition filed by Obstructionist against whom Obstructionist Notice No. 202 of 1976 taken out by the Respondent-Decree Holder was made absolute by the trial Court and it was confirmed by the Division Bench of the Small Causes Court.2. Few facts which are relevant for the purpose of this Petition are that the Respondent-landlord had filed suit against the original Defendant, Respondent No. 2 herein for possession on the ground of sub-letting and profiteering. An exparte decree was passed on 12th February, 1976. When the Respondent-landlord sought to execute this decree, obstruction was raised by the present petitioners and they claimed that they are in exclusive occupation of one room tenement since 1968 and thus they are protected licensee and notwithstanding the fact that they had taken out an application for joining them as party in earlier suit, that application was rejected. It appears, after that obstruction report was submitted by bailiff that Petition...
Mrs. Suruchi Chand and ors. Vs. Dr. Naresh Chand and ors.
Court: Mumbai
Decided on: Feb-12-1993
Reported in: 1993(2)BomCR641; (1993)95BOMLR575
S.M. Jhunjhunuwala, J.1. Since parties to the above proceedings are common and the proceedings involve common facts and common points of law, the same are being disposed off by a common order.2. One Ramesh Chand (since deceased), Dr. Naresh Chand and Mahesh Chand have been real brothers. Ramesh Chand died in a car accident at the age of 47 years on 18th December, 1986. Mrs. Suruchi Chand is the widow of the said Ramesh Chand. Ms. Saloni Chand and Ms. Shivani Chand are the daughters of the said Ramesh Chand. The said Suruchi Chand, Saloni Chand and Shivani Chand are the petitioners in Arbitration Petition No. 16 of the 1989 filed in this Court. The said Suruchi Chand, Salon! Chand and Shivani Chand are hereinafter collectively referred to as 'the petitioners'. Mahesh Chand is 5th respondent in the said Arbitration Petition No. 16 of 1989 and Dr. Naresh Chand is the 1st respondent in the said Arbitration Petition No. 16 of 1989. Respondent Nos. 2, 3 and 4 in the said Arbitration Petition...
Prof. (Dr.) D.R. Bharadwaj Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Feb-11-1993
Reported in: AIR1993Bom366; 1994(1)BomCR176
ORDERPendse, J.1. This appeal is preferred to challenge legality of judgment dated October 26, 1990 passed by learned single Judge summarily dismissing Writ Petition No. 2728 of 1990. It is necessary to set out facts which gave rise to the filing of the petition in detail as the issue involved is one of considerable importance.2. The respondent No. 5 is a Co-operative Housing Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Act). The Society was desirous of constructing residential building for accommodation of members and requested Government ofMaharashtra to allow Plot No. 125 of the lay out of Survey No. 111-D-141-A of Village Ambvali, Taluka Andheri. The State Government allotted the plot in accordance with the Rules framed by the Government lands to Co-operative Housing Societies and the grant was on terms and conditions which are set out in Government Resolution dated May 12, 1983. The Government Resolutio...
Melmould Corporation Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-11-1993
Reported in: (1993)111CTR(Bom)357; [1993]202ITR789(Bom)
Mrs. Sujata Manohar, J. 1. This is a reference under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee-company. The relevant assessment year is 1969-70, for which the previous year was from April 1, 1968, to March 31, 1969. During the relevant previous year, the assessee had valued its opening stock on the basis of costs plus overheads which was the method adopted by the assessee in the years prior thereto, so that the value of the closing stock for the year ending March 31, 1968, was carried forward as the value of the opening stock on April 1, 1968. The assessee, however, decided to change its method of valuation by valuing the stock at cost price only excluding the overheads. The assessee accordingly valued it closing stock for the assessment year in question, i.e., as on March 31, 1969, at cost price. The Income-tax Officer increased the gross profit rate in view of the difference in the method of valuation of opening stock and closing stock. 2. The assess...
Prakash Cotton Mills Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-11-1993
Reported in: [1993]203ITR75(Bom)
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1279 (NT)/1977.From the Judgment and Order dated 17.6.1976 of the Bombay High Court in I.T. Application No.63 of 1976. Mrs. A.K Verma, Mrs. S.V. Pathak (For J.B. Dadachanji & Co.) for the Appellant.P.S. Poti Ms. A Subhashini (NP) and R. Satish for the Respondent.The Judgment of the Court was delivered by VENKATACHALA, J. Two questions are raised for our decision in this appeal. First, whether the appellant was entitled to claim as allowance under Section 37(1) of the Income-tax Act, 1961 (the I.T. Act) the interest paid by it for delayed payment of sales tax under the Bombay Sales Tax Act, 1951 (the BST Act) and the damages paid by it for delayed payment of contribution under Employees' State Insurance Act, 1947 (the ESI Act.) Second, whether the appellant was entitled to claim as allowance under Section 37(2) of the I.T. Act the entire expenses incurred by it as entertainment expenses. The appellant is a company carrying on the business ...
Gopikrishna S. Kyal Vs. Maharashtra State Electricity Board
Court: Mumbai
Decided on: Feb-11-1993
Reported in: 1994(1)BomCR328; (1993)95BOMLR109
D.R. Dhanuka, J.1. This petition involves consideration of two Principal questions formulated a under :(a) Whether the impugned demand made by the respondent for payment of minimum charges and delayed payment charges from the petitioner for the period 1st January, 1982 to 31st October, 1985 is without authority of law?(b) Whether the petitioner is entitled to concession in respect of the said demand in view of the fact that the unit of the petitioner was a sick unit at the material time relying on Departmental Circular No. 350 dated 9th July, 1980 read with Departmental Circular No. 327 dated 23rd March, 1979, copies whereof are Exhibit No. 2 and Exhibit No. 1 to the affidavit of Shri Suresh Kashinath Behere dated 8th September, 1992 and the impugned decision of the respondent denying the benefit of such concession to the petitioner is liable to be quashed?2. The relevant facts having bearing on the subject matter of this petition are as under:(a) The petitioner carries on business of ...
M/S. Hotel Deepa Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Feb-10-1993
Reported in: AIR1994Bom100; 1993(2)BomCR599; (1993)95BOMLR699; 1993(2)MhLj1750
ORDER1. The petitioner runs a restaurant at Bombay which is a 'place of entertainment' within the meaning of clause (10) of Section 2 of the Bombay Police Act, 1951 ('the Act'). As required by the said Act and the rules made thereunder, the petitioner obtained the requisite licence from the Commissioner of Police to keep a place of publicentertainment. As ancillary to his business of running the restaurant, the petitioner also plays in his restaurant, orchestra, vocal music and songs. According to the authorities under the Bombay Police Act, the restaurants which play music are also required to obtain another licence for that purpose, as according to them, playing music in a place of public entertainment amounts to maintaining a place of public amusement. The petitioner was aggrieved by this stand of the respondent -- police authorities. According to the petitioner, it did not maintain any place of public amusement but was playing orchestra, vocal music etc. in course of its business o...
Turner Morrison and Co., Bombay Vs. K.N. Tapuria and Others
Court: Mumbai
Decided on: Feb-10-1993
Reported in: 1993(3)BomCR187; 1993CriLJ3384
1. Should the law Courts play the role of a helpless spectator in a situation where corporate funds are diverted for personal use and criminally misappropriated by persons in control of the management merely because the fraud was detected after a lapse of time or the now familiar situation of a key witness disappearing Do the interests of justice require that the benefit of every possible lacuna be generously afforded to the accused even if it results in blatant miscarriage of justice, or is it not more in consonance with the objective of criminal jurisprudence that the guilty be punished regardless of time lapse, if that is legally permissible. These are the broad issues that fall for determination in the present appeal which assails the correctness of an order of acquittal passed against the two respondents by a Metropolitan Magistrate at Bombay. After recording the finding that, undoubtedly a substantial amount of Rs. 7,00,000/- has been misappropriated from the funds of M/s. Turner...
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