Mumbai Court April 1993 Judgments
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Shailesh Harilal Shan and Others, Etc. Vs. Matushree Textiles Limited ...
Court: Mumbai
Decided on: Apr-20-1993
Reported in: AIR1994Bom20; 1994(1)BomCR186; (1993)95BOMLR205
ORDERPendse, J. 1. Matushree Textiles Limited is a Public Limited Company incorporated under the Companies Act, 1956 (hereinafter referred to as the 'Act') and the authorised share capital of the Company is Rs. 1,50,00,000/- only divided into 15,00,000 equity shares of face value of Rs. 10/- each. The subscribed capital is Rs. 89,00,000/- divided into 8.90 Lakhs shares. The shares of the Company are listed on Bombay Stock Exchange and at the relevant lime, the value quoted was Rs. 40/- per share. The 7thAnnual General Meeting of the Company was held on September 30, 1989 for the year ending March 31, 1989 and consequently, the 8th Annual General Meeting was statutorily required to be held as per S. 166 of the Act latest by December 31.1990. The meeting was not convened by the Company within the stipulated time. The 8th Annual General Meeting for the year ending March 31, 1990 was convened on September 30, 1991 by notice dated September 5, 1991. The notices to the shareholders was sent ...
Deepak Baliram Bajaj and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-20-1993
Reported in: 1993(3)BomCR72; 1993CriLJ3269
Mukherjee, C.J. 1. For committing the murder of Jyoti Dipak Bajaj in furtherance of their common intention, her husband Dipak Baliram Bajaj (appellant No. 1) and her father-in-law Baliram Nichaldas Bajaj (appellant No. 2) have been convicted under section 302 read with Section 34 of the Indian Penal Code by the learned Additional Sessions Judge, 4th Court, Thane, and sentenced to suffer imprisonment for life and to pay a fine of Rs. 200/- in default to suffer rigorous imprisonment for 15 days. Aggrieved thereby they have filed the present appeal. 2. Jyoti, (the deceased) was given in marriage to the appellant No. 1 by her mother Saraswati (P.W. 2) two years before her death. Since marriage, she was living in Camp No. 5, Ulhasnagar along with her husband and father-in-law, while her mother and brother Nandlal (P.W. 4) were living in Camp No. 4. 3. On July 28, 1989, at about 1.00 a.m. the appellant No. 1 went to the house of P.W. 2 and reported that Jyoti has set herself on fire pouring ...
Prakash Arjun Adsule Vs. Sunanda Prakash Adsule
Court: Mumbai
Decided on: Apr-20-1993
Reported in: I(1994)DMC128
S.P. Kurdukar, J.1. This Family Court Appeal under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as the Act), has been filed by the husband challenging the judgment and order dated 29th September, 1991, passed by the Family Court, Pune, directing the appellant to pay Rs. 330/- per month by way of maintenance from the date of order.2. The present proceedings arise out of an application made by the respondent-wife for maintenance under Section 125 of the Criminal Procedure Code. There is no dispute that the appellant was married to the respondent according to Hindu Vedic rites on February 16, 1990. The respondent is from Pune whereas the appellant is from Bombay.3. There does not seem to be any dispute that after marriage, the appellant and respondent stayed together at the appellant's residence at Khar. There was some incident on 9-9-1990 in which respondent sustained burn injuries. She received treatment at Bombay and thereafter on 27-9-1990 she was taken to her pa...
Kannankandi Gopal Krishna Nair Vs. Prakash Chunder Juneja and Another
Court: Mumbai
Decided on: Apr-19-1993
Reported in: 1993(3)BomCR116; [1994]81CompCas104(Bom); 1993CriLJ2791; (1994)ILLJ146Bom
M.F. Saldanha, J.1. Though this appeal is just one more of the numerous litigations relating to the non-return of a company flat by an ex-employee, it raises certain interesting legal aspects of far-reaching consequences. The first question that arises is as to whether the employee whose wife has subsequently purchased the premises and, therefore, become the owner thereof can still be ordered to restore the possession to the company which continues to be the tenant. Since section 630 of the Companies Act, 1956, deals essentially with the question of wrongful withholding, the restoration of possession is a necessary relief which can and must be granted regardless of the change of ownership. 2. The more important dimension, however, surrounds the anatomy of the offence. The accused resigned from the services of the company on February 28, 1977, and the resignation was accepted with effect from March 1, 1977, and the company called upon him to restore possession of the flat by March 31, 1...
M/S. Nair Coal Services (P) Ltd. Vs. Maharashtra State Electricity Boa ...
Court: Mumbai
Decided on: Apr-16-1993
Reported in: AIR1994Bom163; (1993)95BOMLR135
ORDERH. W. Dhabe, J.1. Parties by counsel. Rule. Heard forthwith. The Petitioner challenges in this writ petition the work Order/Letter of Intent/ awarding of a Contract in favour of the respondent No. 2 in respect of the part of the work which was notified as per the Tender Notice dated 13-1-1993. He has also claimed that the Tender given by the respondent No. 2 should be declared as invalid and that it should be declared that the petitioner is entitled to the whole of the contract work notified as per the aforesaid Tender Notice dated 13-1-1993.2. The facts are that the respondent No. 1 Maharashtra State Electricity Board (for short 'the Board') issued a Tender Notice published in the issue of the Daily Newspaper 'Hitvada' dated 13th January, 1993, according to which the offers were invited for liasion work including supervision of loading, quantity, quality and movement of coal by rail system for a period of 12 months. The estimated cost of such Tender work was Rs. 2,70,00,000/- app...
Bhagwan Anna Arbune Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Apr-16-1993
Reported in: 1994CriLJ1477; 1994(1)MhLj383
A.P. Shah, J. 1. This is a petition by a life convict for his premature release from the prison. 2. Before we proceed to examine the questions of law of somewhat importance raised in the present petition, it is necessary to state briefly the factual background of the case. The petitioner was tried along with three others for the offences under sections 302, 307, 327 read with S. 34 of the Indian Penal Code. The Sessions Court, recording conviction under sections 302 and 307 read with S. 34, sentenced the petitioner to life imprisonment. The petitioner is presently undergoing life imprisonment in the Yerawada Central Prison. 3. The petitioner was released on parole on, in all, five occasions. On two occasions, the Petitioner surrendered to the jail authority within the prescribed time but serious defaults were committed by him in respect of the remaining occasions when he was released on parole, firstly in 1980, secondly in 1981 and thirdly in 1984. On the first occasion, the petitioner...
Shri R. Vs. Smt. S.
Court: Mumbai
Decided on: Apr-16-1993
Reported in: 1994(2)BomCR358; (1993)95BOMLR885
D.J. Moharir, J.1. This appeal by the original petitioner husband is directed against the dismissal of his petition for a decree of divorce under section 13(1)(ib) of the Hindu Marriage Act filed against his wife Smt. S. By the judgment in Civil Appeal No. 150 of 1990 the appeal of the wife was allowed and the petition for divorce dismissed thus reversing the judgment and decree granted to the present appellant by the civil Judge, Senior Division, Thane in Marriage Petition No. 102 of 1989.2. The petitioner Mr. R. is a resident of Mulund. The respondent Smt. S. was a resident of Ulhasnagar, Dist. Thane and until the year 1977 the petitioner husband was employed in the clerical staff of the Income-tax Office at Bombay. So also the wife Smt. S. and her brother S.G. who has been examined as a witness at the trial. However, it is not in dispute that the marriage between the petitioner and the respondent was not a result of their acquaintance or intimacy but was an arranged marriage as such...
(Sou) Narayandevi Tulshiram Pallod and ors. Vs. Dattatraya Maruti Bawa ...
Court: Mumbai
Decided on: Apr-16-1993
Reported in: (1993)95BOMLR129
S.W. Puranik, J.1. Applicants in Civil Application No. 1997 of 1993 seek leave to be added as respondents to the writ petition which was already disposed of, whereas the same applicants by Civil Application No. 1996 of 1993 seek review of the order of this Court, dated 7th April, 1993.2. Briefly stated, the original petitioner in Writ Petition No. 1417 of 1993 is the President of Mahableshwar Nagar Vikas Sanghatana and also the President of the Mahableshwar Municipal Council. According to the original petitioner some of the members of the Council were elected as members of the aghadi. Subsequently, they resigned and the original petitioner had initiated proceedings before the Collector under Section 7 of the Maharashtra Local Authority Members' Disqualification Act, 1966, hereinafter referred to as the 'Disqualification Act' and the said proceedings were pending. The very same members who had resigned had also signed a resolution expressing no confidence in the President-original petit...
Commissioner of Income-tax Vs. Gabriel India Ltd.
Court: Mumbai
Decided on: Apr-15-1993
Reported in: (1993)114CTR(Bom)81; [1993]203ITR108(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961 ('the Act'), the Income-tax Appellate Tribunal ('the Tribunal') has referred the following question of law at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 ?' 2. This reference relates to the assessment year 1973-74. In its assessment for the assessment year 1973-74, the assessee-company had claimed deduction of a sum of Rs. 99,326 described as 'plant re-lay-out expenses'. On a query being made by the Income-tax Officer ('the ITO') in regard to the nature of the above expenditure, it was explained by the assessee by its letter dated September 19, 1975, that it had been incurred in connection with the merger of two existing plants for the manufacturing of shock absorbers, which were located side by side at its factory...
Commissioner of Income-tax Vs. Lunidaram Tulsidas Panjabi
Court: Mumbai
Decided on: Apr-15-1993
Reported in: (1993)114CTR(Bom)344; [1993]204ITR674(Bom)
Dr. B.P. Saraf, J.1. By this reference under section 256(1) of the Income-tax Act, 1961 ('the Act'), the Income-tax Appellate Tribunal ('the Tribunal'), at the instance of the Revenue, has referred the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalties of Rs. 65,870 and Rs. 76,063 imposed by the Inspecting Assistant Commissioner under section 271(1)(c) for the assessment years 1971-72 and 1972-73, respectively ?' 2. This reference relates to two assessment years, viz., 1971-72 and 1972-73. The controversy, as is evident from the question itself, relates to the levy of penalty, under section 271(1)(c) of the Act. The material fact of the case, briefly stated, are as follows : The assessee, who is an individual, carried on powerloom cloth business and was also a partner in three firms dealing in cloth and building construction. In the course of assessment proceedings for...
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