Mumbai Court March 1993 Judgments
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Rogers and Co. Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Mar-18-1993
Reported in: 1993LC393(Bombay); 1993(67)ELT249(Bom)
ORDERSujata Manohar, J.1. The first petitioner-company at all times material to the petition manufactured aerated waters and prepared or preserved foods at its factory in Bombay. The aerated waters manufactured by the Company were liable to excise duty under Item 1D of the 1st Schedule to the Central Excises and Salt Act, 1944. The Company sold its products to various customers who were its wholesale dealers. It did not effect any sales at the factory gate. The price charged by the Company to its wholesale dealers was inclusive of the costs of transportation for delivery of the goods from the Company's factory to the wholesale dealers' premises. The price, therefore, included post manufacturing costs and expenses. 2. The dispute in the present petition relates to the calculation of the value of the goods so manufactured by the petitioner-company for the purposes of levy of excise duty. The period which is covered by the petition is from 1st September 1976 to 29th February 1984. 3. The ...
Ms. Bilquis Wahab Quraishi Vs. Chikitsak Samuha S.S. and L.S. Patkar C ...
Court: Mumbai
Decided on: Mar-18-1993
Reported in: 1995(1)BomCR34; (1994)96BOMLR565
Ashok Agarwal, J.1. The petitioner has filed the present petition seeking to impugn the action of the respondent No. 1-college in terminating her services as a lecture. After the termination, the petitioner preferred an appeal to the College Tribunal. The said appeal was dismissed. That order in also impugned is the present petition.2. The petitioner passed her B.Com.. She secured 48 percent marks. She passed her M.Com. examination when she secured 53.6 percent marks. She also passed a Diploma in higher education. According to the petitioner, she commenced her career as a lecturer way back in the year 1971.3. The first respondent is the Chikitsak Samuha S.S. & L.S. Patkar College situated at Goregaon (West), Bombay - 62. The said Patkar College is run by the Chikitsak Samuha Trust, the second respondent herein. In the academic year 1980-81 the first respondent-college introduced the faculty of commerce in its curriculum. Hence, the need to employ lecturers to teach the subjects of Comm...
Byramjee Jeejeebhoy Private Limited Vs. Govindbhai Appaji Bhatte and o ...
Court: Mumbai
Decided on: Mar-18-1993
Reported in: 1994(1)BomCR211
M.L.pendse, J.1. This is an appeal preferred by original decree holder in Suit No. 349 of 1970 to challenge legality of judgment dated September 8, 1989 passed by learned Single Judge on Chamber Summons No. 245 of 1978. The Chamber Summons was taken out by respondent No. 13 under Order 21, Rule 99 of the Code of Civil Procedure. The trial Judge by the impugned judgment adjudicated the rights of the appellants and the respondent in exercise of powers under Order 21, Rule 101 of the Code of Civil Procedure. The facts giving rise to the passing of the impugned order are as follows.2. Nanabhoy Byramjee Jeejeebhoy was owner of several lands situated in 7 villages including village Poisar in Borivili Taluka. The villages in which the lands were situated were Khoti villages and Nanabhoy was the Khot. Nanabhoy had inherited the lands from his father. Khoti rights were abolished by legislation passed by Government of Bombay and in accordance with provisions of the Act lands were regranted in fa...
Ramnarayan Ramnathji Mantri (Dead) by L.Rs Vs. Bherulal Banechand (Dea ...
Court: Mumbai
Decided on: Mar-18-1993
Reported in: 1994(2)BomCR90; (1993)95BOMLR569
B.V. Chavan, J. 1. The appellant, who is original plaintiff has filed this appeal against the judgment and decree passed by the Assistant Judge, Amraoti in Reg. C.A. No. 127 of 1974, confirming judgment and decree passed by Joint C.J.J.D., Amraoti in Reg. C.S. No. 89 of 1970 to the extent of dismissal of instant suit asking for mandatory injunction against respondents original defendants regarding removal of wooden rafters and bamboos and tiles of the chhapri resting on the suit wall of the basis that the suit wall belongs to the plaintiff.2. Plaintiff's original case was that this suit wall which was shown by letters ' ' in the Commissioner's map Exh. 66 exclusively belongs to him and defendant has no right whatsoever to the said wall. This claim of the plaintiff that he is the exclusive owner has been negatived by the courts below. However, at the earlier stage when this appeal was heard by me on 21-6-1991, a grievance was made by Shri Mohta learned Counsel for appellant that the cou...
Sachindra Trimbakrao Hazare Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-18-1993
Reported in: 1993(2)BomCR666
S.W. Puranik, J.1. This matter pertains to Jalgaon District. However both the parties have consented to retain this matter over here as per the list maintained by the office. Hence taken up.2. In October 1983 after enquiring into the application of petitioner for grant of caste certificate on the basis of his claim that he belongs to Gadi Lohar, the Scrutiny Committees rejected the same and the petitioner, therefore, carried an appeal before the Commissioner, Nashik Division, Nashik. By his judgment dated 27th December, 1983 (Ex. B) the Commissioner, Nashik Division allowed the appeal and set aside the judgment of the Scrutiny Committee and granted the declaration that the petitioner belongs to Gadi Lohar community which has been notified as Nomadic Tribe by the Government of Maharashtra.3. On the basis of the caste certificate as belonging to Nomadic Tribe, the petitioner secured admission for M.B.B.S. Course. Eventually, he completed the said course.4. Subsequent to the above events,...
Gama Dhama Vasave and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-17-1993
Reported in: 1993(3)BomCR9; (1993)95BOMLR753; 1993CriLJ3613
H.H. Kantharia, J. 1. By a judgment and order dated December 29, 1979, in Sessions Case No. 40 of 1979, the learned Sessions Judge, Dhule, convicted the appellants (original accused Nos. 1 and 10 to 14) for offences punishable under Sections 395 and 396 and accused Nos. 1, 10, 12 and 13 under Section 398 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for seven years for an offence punishable under Section 396 of the Indian Penal Code. No separate sentence was inflicted on them for offences punishable under Sections 395 and 398 of the said Code. 2. Being aggrieved, the appellants filed this appeal. 3. The relevant facts giving rise to the appeal are as under : Kawli is a small village in Dhule District. Adjoining to this village is the village Korai. Walji Vesta (P.W. 5) and his deceased brother Shidya Vesta were the residents of village Kawli. They owned field bearing Survey No. 273 in the boundary of village Korai. They were cultivating this land separatel...
S.S. Barodawala Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-17-1993
Reported in: [1994]205ITR495(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the assessee, the Income-tax Appellate Tribunal ('the Tribunal'), has referred the following question of law to this court for opinion : 'Whether, on facts and circumstances of the case, the sums of Rs. 56,236 and Rs. 53,834 have been rightly included under section 64(1)(v) of the Income-tax Act, 1961, in the total income of the assessee for the assessment years 1971-72 and 1972-73 ?' 2. This reference relates to two assessment years, viz., 1971-72 and 1972-73, the relevant previous years being the financial years 1970-71 and 1971-72, respectively. In making the assessment of the income of the assessee, the Income-tax Officer included in his income for the two assessment years sums of Rs. 56,236 and Rs. 53,834, respectively, under section 64(1)(v) of the Income-tax Act, 1961 ('the Act'), being the shares of the two minors sons of the assessee from a family trust known as the...
Smt. Sushilabai Laxminarayan Mudliyar and ors. Vs. Nihalchand Waghajib ...
Court: Mumbai
Decided on: Mar-17-1993
Reported in: 1994(2)BomCR393; (1993)95BOMLR901
G.D. Patel, J. 1. The Letters Patent Appeal is directed against the judgment delivered by the learned single Judge of this Court on 26th April, 1988 in Writ Petition No. 1305 of 1986. By that petition the respondent-tenants had challenged the order passed by the Resident Deputy Collector, Amravati, rejecting their application for restoration of possession under Clause 13(4) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (here inafter referred to as 'the Rent Control Order'). The circumstances leading to the filing of the said application arose as narrated below : 2. The original owner of the property in dispute was one Laxminarayan Vyankatesh Mudliyar. The appellant Nos. 1 to 4 are the legal heirs of Laxminarayan, the erstwhile owner of the said property. The respondent Nos. 1 to 3 are the partners of Rasik Stores, a partnership firm, who was a tenant occupying the three storied building on a monthly rent as fixed between them and the landlord. 3. In the year 1957...
Warner Lambert Co. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-16-1993
Reported in: (1994)120CTR(Bom)335; [1994]205ITR395(Bom)
Dr. B.P. Saraf, J.1. By this reference made at the instance of the assess, the Income-tax Appellate Tribunal has referred four question so law to this court for its opinion. The first three questions pertain to the assessment year 1971-72 and the fourth question to the assessment year 1972-73. The questions are as follows : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal ought to have held that the regular assessment order of the Income-tax Officer having been adjudicated upon by the Appellate Assistant Commissioner, the Commissioner of Income-tax was not competent to revise the order of the Officer giving effect to the order of the Appellate Assistant Commissioner (2) Whether, on the facts and in the circumstances of the case, the Tribunal ought to have held that the appellant was entitled to have the business loss of Rs. 3,04,734 carried forward to the assessment year 1972-73 (3) Whether, on the facts and in the circumstances of the case, the Tribunal ...
City and Industrial Development Corporation of Maharashtra Ltd. Vs. Ja ...
Court: Mumbai
Decided on: Mar-16-1993
Reported in: 1993(3)BomCR329
S.M. Jhunjhunuwala, J. 1. This is a petition for revocation of the authority of Jamshed Burjor Aga, the sole arbitrator under section 11 of The Arbitration Act, 1940, (hereinafter called `the Act').2. On 11th March 1980 the petitioner who is a Corporation established by the State of Maharashtra for the purpose of providing housing in the various parts of the State particularly at Vashi in New Bombay, entered into a contract for construction of 11 buildings with the respondent who is a contractor engaged in construction of buildings on the terms and conditions mentioned therein read with special conditions of contract. Arising out of or in relation to the said contract, according to the respondent the petitioner became liable to pay to the respondent certain amounts which the petitioner did not pay and denied its liability in respect thereof. Disputes and differences arose which were to be settled as per the terms of the contract and ultimately by making reference to arbitration as prov...
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