Mumbai Court March 1993 Judgments
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Nagar Wachan Mandir, Pandharpur, Through Its Chairman, President and a ...
Court: Mumbai
Decided on: Mar-04-1993
Reported in: 1994(2)BomCR251; 1994MhLJ280
Bhimrao N. Naik, J.1. Writ petition No. 2434 of 1982 is the petition filed by the plaintiffs-trust challenging the dismissal of the suit filed against respondents on the ground of non-payment of rent.2. Few facts which are relevant for the purpose of this petition are as under:-The petitioners-plaintiffs filed Regular Civil Suit No. 276 of 1975 in the Court of Civil Judge, Junior Division, Pandharpur for possession on the ground of non-payment of rent under the provisions of Bombay Rent Act. The plaintiff-Society is registered as per the provisions of Societies Registration Act so also it is registered under the provisions of Bombay Public Trust Act. Suit property in dispute is owned by the plaintiff-Society. It appears that the plaintiff-Trust held meeting of its Karyakari Mandal on 28th May, 1961 and passed Resolution to lease out the suit property to defendant-Firm for 60 years since 10th October, 1961. In pursuance of the said lease deed possession was handed over to the defendants...
Sundaram Finance Limited and Another Vs. State of Maharashtra and Othe ...
Court: Mumbai
Decided on: Mar-03-1993
Reported in: AIR1993Bom346; 1993(2)BomCR627; (1993)95BOMLR797; 1994(1)MhLj124
ORDER1. This petition involves consideration of interesting and important questions concerning interpretation and application of S. 31A(5) of the Motor Vehicles Act, 1939, and Ss. 2(4), 3, 9 and 10 of the Bombay Motor Vehicles (Taxation of Passenger) Act, 1958. The relevant questions are formulated as under:-- (a) Whether the concerned authority was entitled to refuse application of the petitioners-Owners for cancellation of the then existing registration certificate in respect of vehicles in question in favour of respondent No. 4 and for issue of fresh registration certificate as contemplated under S. 31A(5) of the Motor Vehicles Act, 1939 merely on . ground of arrears of passenger tax and penalty due and payable by the operator in respect of said vehicles at the material time? (b) Whether the petitioners are liable to be considered as 'Operator' of the said vehicles within meaning of the expression 'Operator' as defined under S. 2(4) of Bombay Motor Vehicles (Taxation of Passenger) A...
Vinit Alias Baba and Others Etc. Vs. State of Maharashtra and Etc. Etc ...
Court: Mumbai
Decided on: Mar-03-1993
Reported in: 1994(1)BomCR648; 1994CriLJ1791
B.U. Wahane, J.1. Criminal Appeal No. 130 of 1989 is preferred by four accused viz. Vinit alias Baba s/o. Suresh Swami, Anil s/o. Motiram Dhote, Raju alias Mithun s/o. Hariram Gahlot and Pramod s/o. Motiram Ingale challenging the finding of conviction and sentence for the offences punishable under Ss. 302 read with S. 149 of the Indian Penal Code, alternatively under S. 302 read with S. 34 of the Indian Penal Code and also under Ss. 148, 307 read with S. 149 of the Indian Penal Code, alternatively under S. 307 read with S. 34 of the Indian Penal Code. A criminal appeal No. 218 of 1989 is preferred by the State against the acquittal of accused viz. Gopal Maharaj s/o. Nandlal Upadhyaya, Ramkishore Ramjatan Yadao, Ravindra s/o. Bhimrao Kalbande and Ramprasad s/o. Ramjatan Yadao, for the offences punishable under Ss. 302 read with Ss. 109, 149, 107 and 150 of the Indian Penal Code, and also for the offences punishable under Ss. 148, 307 read with Ss. 149, 107 and 150 of the Indian Penal Co...
Phaltan Sugar Works Ltd. Vs. Commissioner of Income-tax.
Court: Mumbai
Decided on: Mar-03-1993
Reported in: [1994]205ITR137(Bom)
Smt. Sujata Manohar J.1. This income-tax reference pertains to the assessment years 1962-63, 1963-64 and 1965-66. The following questions are before us for consideration under section 256(2) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the expenses of running the railway lines should be allocated between the agricultural operations and the non agricultural operations on the basis of 'tonnage carried' in respect of the said two operations as held by the Tribunal 2. Whether the Tribunal's basis of apportioning the expenses incurred on railway lines was correct in law 3. Whether, on the facts and in the circumstances of the case, the 'tonnage carried' was the correct basis for allocating depreciation on railway lines as between the agricultural and the manufacturing activities of the assessee-company and, on such basis, whether the Income-tax Officer was justified in allowing depreciation on railway lines to the extent of one third of the...
Xl Telecom Pvt. Ltd. Vs. Union of IndiA.
Court: Mumbai
Decided on: Mar-03-1993
Reported in: 1993(42)ECC90; 1993LC171(Bombay); 1994(70)ELT530(Bom)
V.A. Mohta, J.1. Common and only question that arises for determination in this batch of Petition is whether, the subject articles 'Components for Cable Jointing Kits' merit classification Chapter 85 Heading 47, or Chapter 39 Heading 26 of the Customs Tariff Act ('the CTA'). 2. We reproduce the two Headings for ready reference : '85.47 - 'Insulating fittings for electrical machines, appliances or equipment, being fittings wholly insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of Heading No. 85.46; electrical conduit tubing and joints therefor, of base metal lined with insulating material'. 39.26 - 'Other articles of plastics and articles of other materials of Heading Nos. 39.01 to 39.14 3926.10 - Office or school supplies 3926.20 - Articles of apparel and clothing accessories (including gloves) 3926.30 - Fittings for furniture, coach-work or the like 392...
Kisan Narayan Pandit Vs. Tukaram Shankar Kalebare (Deceased) Through L ...
Court: Mumbai
Decided on: Mar-03-1993
Reported in: (1993)95BOMLR792
Bhimrao N. Naik, J.1. This is a petition filed by the tenant under Article 227 of the Constitution of India challenging the decree for possession passed by the District Judge, Satara on 31st March, 1982, in Regular Civil Suit No. 259 of 1980 on the ground of non-payment of rent.2. Few facts which are relevant for the purpose of this petition are that the deceased petitioner was admittedly the tenant of House No. 162, old House No. 170 situated at Ravivar Peth and respondent was the landlord. The notice of demand was sent by registered post A. D. and on 16th August 1975 the said notice was refused by the tenant. As the possession was not delivered as per the notice on 2nd January, 1976 the respondent filed suit for possession on several grounds, one of the grounds being non-payment of rent. The arrears claimed in the said notice were from 29th February 1975 to 28th July, 1975.3. The defendant denied the suit of the plaintiff. The fact regarding receipt of notice was not denied by the te...
Allana Cold Storage Ltd. and Another Vs. Goa Meat Complex Ltd. and Ano ...
Court: Mumbai
Decided on: Mar-02-1993
Reported in: [1997]90CompCas50(Bom)
H.D. Patel J.1. By this petition under article 226 of the Constitution, the petitioner, Allana Cold Storage Ltd., a company incorporated under the provisions of the Companies Act, prayed for the following main reliefs : (a) to quash and set aside the purported direction given by the second respondent to the first respondent and/or the decision of the first respondent in inviting tenders for utilisation of the idle or spare capacity of Goa Meat Complex with effect from April 8, 1993 (b) to compel the respondents to forthwith comply with the obligations under the contract dated December 1, 1992, and/or forbear and desist from calling for tenders or entertaining third party in respect of the utilisation of spare capacity at the said Goa Meat Complex Ltd., with effect from April 8, 1993; and (c) to quash letter dated February 18, 1993, of the first respondent. 2. The first petitioner, Allana Cold Storage Ltd. (hereinafter referred to as 'ACS Ltd.'), is registered with the Agricultural an...
Parwani Builders Vs. Konkan Railway Corporation Ltd. and Others
Court: Mumbai
Decided on: Mar-02-1993
Reported in: [1996]85CompCas676(Bom)
G.D. Kamat, J. 1. This appeal is directed against the order dated January 25, 1993, by which motion sought by the present appellants before the trial court was rejected. Relief of temporary injunction was sought in Special Civil Suit No. 220/92/A for restraining Konkan Railway Corporation Ltd. and its chief engineer, respondent No. 2, from encashing the demand draft for Rs. 32 lakhs made in favour of the Corporation by respondent No. 3, Bank of Maharashtra, towards the encashment of the bank guarantees furnished by the same bank in favour of the Konkan Railway Corporation Ltd. (hereinafter for short 'the Corporation') furnished by the appellants/plaintiffs. 2. The facts giving rise to this appeal are that the appellants became the successful tenderers for construction of the Roha-Mangalore new broad gauge railway line in relation to earthwork in forming banks and cuttings and construction of minor bridges between chainage 534-501 to 541-750 reach II. It appears that this is one of the ...
Commissioner of Income Tax Vs. Mrs. Hilla J.B. Wadia
Court: Mumbai
Decided on: Mar-02-1993
Reported in: [1995]216ITR376(Bom)
Smt. Sujata Manohar, J.1. The assessee was the owner of 50% share in an immovable property known as Casa Da Vinc at Worli which was being used by the assessee and her husband for residential purposes. Her husband was the owner of the other 50% share. Under an agreement of sale dt. 2nd October, 1972, the two co-owners of the property agreed to sell it to the proposed Andromeda Co-operative Housing Society Ltd. was formed and registered on 3rd November, 1972 with the object, inter alia, of purchasing this property and constructing tenements on the said property for the use of its members. The total number of members of the Society was not to exceed the total number of tenements or flats available for allotment to the members. Each of the members was required to hold atleast 5 shares of the Society. The assessee was one of the signatories to the Memorandum of Objects of the Society and its regulations and had agreed to take a flat in the said society subject to the regulations of the Soci...
Indian Engineering and Commercial Corporation Pvt. Ltd. Vs. Commission ...
Court: Mumbai
Decided on: Mar-02-1993
Reported in: [1994]205ITR1(Bom)
U.T. Shah, J.1. The issue involved in this reference pertains to the taxability of Rs. 93,450 received by the assessee and the head under which it would be taxable if at all. 2. The assessee is a company and it carrying on business in machines, machine parts and tractors. The assessment year involved is 1964-65 and the relevant previous year ended on June 30, 1963. 3. By an agreement dated March 20, 1958, the assessee was appointed as a sole distributor in India for a certain type of wheel tractors and agricultural machines manufactured by Motto Imports, Warsaw (Poland) (hereinafter referred to as the 'the Polish company'). The agreement made it clear that the assessee, as sole distributor, would be acting on its own account and all orders would be issued in its own name. The selling prices were to be fixed by mutual consultation and it was specifically stipulated that the assessee would be entitled to no commission. Under clause 15 of the agreement, it was stated that the period of th...
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