Mumbai Court August 1993 Judgments
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Bachubhai K. Patel Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-19-1993
Reported in: (1993)47ITD426(Mum.)
1. This appeal by the assessee is directed against the order of the CIT(A)-XXIII, Bombay and relates to the assessment year 1983-84.2. The solitary issue raised in this appeal pertains to the disallowance of deduction claimed under Section 80G of the Income-tax Act, 1961 on a sum of Rs. 30,000 paid to Manipal Institute of Technology Trust. The disallowance was made on two counts, firstly, the Exemption Certificate under Section 80G was found to be in a different name, secondly, the amount was paid for admitting the assessee's son in the institute.3. ShriJ.I. Patel, ld. counsel for the assessee appeared before us.Relevant documents and papers were filed. Our attention was invited on a copy of certificate dated 24-3-1986 which reads as under: This is to certify that Manipal Institute of Technology was formerly known as Manipal Engineering College, Manipal.It was stated that no mistake was crept in obtaining the Exemption Certificate. Therefore, on this count, rejection of claim was not ...
Vithal Sadashiv Gaikwad Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-19-1993
Reported in: 1994(1)BomCR702; 1994CriLJ2035
Saldanha, J.1. This is yet one more of those gory and ghastly cases of wife burning that has come up before the Court. We do not mean to be prejudiced but at the same time we cannot hide the fact that these incidents are so horrifying and depraved that the Court has to re-act to them with the degree of seriousness that such incidents necessarily require. The appellant is the surviving husband and the deceased Vijaya is the unfortunate wife. The appellant accused Vital Sadashiv Gaikwad is an Ex-service man, from the Army and was residing at Village Hamdabad, District Satara. He was aged approximately 36 years and there are reference on record that he was earlier married and that he had three children through his previous wife. Indications are that the first wife also met with a fiery end and that even though the police registered offences against him, that the same was done at a belated stage and that consequently nothing came out of that prosecution. The present marriage with Vijaya wa...
Shri Ramanand Laximidhar Kunde and anr. Vs. Special Land Acquisition O ...
Court: Mumbai
Decided on: Aug-19-1993
Reported in: 1994(2)BomCR502; (1994)96BOMLR992
G.D. Kamat, J. 1. A batch of writ petitions under Articles 226 and 227 of the Constitution of India challenges the orders made by the Land Acquisition Officer/ Collector denying the petitioners re-determination of compensation under section 28-A of the Land Acquisition Act, 1894. Impugned orders under challenge are not on the merits of the case for re-determination of the compensation as the applications were dismissed on preliminary ground of maintainability.2. Out of the batch of petitions the orders challenged are where the Land Acquisition Officer held that the petitioners who had received compensation pursuant to the award made by the Land Acquisition Officer without protest are not entitled to seek any relief for re-determination under section 28-A. In certain other cases the impugned orders are made on the ground that the petitioners did not file fresh applications within the prescribed period upon disposal of appeals by the High Court wherein awards of the reference Court were ...
Prayagbai W/O Shankarbuva Puri Vs. Ramchandra S/O Bapu Puri
Court: Mumbai
Decided on: Aug-19-1993
Reported in: 1994(2)BomCR77; (1994)96BOMLR480; I(1995)DMC29
N.P. Chapalgaonker, J.1. Prayagbai, petitioner herein filed Regular Civil Suit No. 350 of 1973 in the Court of Civil Judge (J.D.), Ambajogai, against her husband Shankarbuva, claiming maintenance at the rate of Rs. 75/- per month. In the said suit. Ramchandra s/o. Bapu Puri, minor under the guardianship of his father Bapu and Bapu s/o. Bala Puri, third parties, filed an application contending that they are in actual possession of Survey number 478 and House No. 61/1 on the basis of purchase of portion of the land and agricultural tenancy and, therefore, they are necessary parties to the suit. The said application came to be allowed and they were added as defendant Nos. 2 and 3. The learned Judge was pleased to decree the suit by granting maintenance at the rate of Rs. 75/- per month and was also pleased to create a charge of the maintenance on survey number 478 situated at Ghatnandur which has a well and 12 mango trees. Appeal filed by Ramchandra (who was then major) and his father Bap...
Bhupesh Ramchandra More Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-18-1993
Reported in: 1994(2)BomCR403; (1993)95BOMLR731
Ashok Agarwal, J.1. A short question which is agitated in the present appeal is, whether the appellant is entitled to a benefit of the provisions of the probation of Offenders Act, 1958? By a judgment and order, passed on the 14th of May, 1987 by the learned 6th Additional Sessions Judge, Thane, in Sessions Case No. 445 of 1986, appellant, who is original accused No. 1, is acquitted of the offence punishable under section 302 read with section 34 of the Indian Penal Code, but is convicted for offence punishable under section 304 Part-II of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 300 in default to suffer further rigorous imprisonment for one month. By the very same order accused Nos. 2 and 3 are acquitted of all the charges levelled against them. The order, in so far as the same is adverse to accused No. 1, is impugned in the present appeal.2. The only contention which has been raised by Shri Chitnis, the learn...
Samsher @ Sham Kasim Khan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-17-1993
Reported in: 1994(3)BomCR312
M.F. Saldanha, J.1. We need to commence this judgment with the observation that it is seldom that we have come across such scrupulous observance of the manifold requirements specified in the Act, as we have noted in this case. The appeal concerns a conviction under section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter for the sake of brevity referred to as 'the N.D.P.S. Act'). It is alleged that P.S.I. Shri A.P. Shinde, who is attached to the Vigilance Branch, Pune City dealing with drug-offences, received certain information to the effect that a person by the name of Samsher @ Sham Kasim Khan was alleged to be involved in the act of selling contraband drugs at the Ota in front of House No. 729 in Bhavani Peth at Pune. P.S.I. Shinde (P.W. 4) immediately made a note of the information that had been divulged to him in the Information Register, a copy of which has been produced at Exhibit 18. Significantly enough, this information not only indicates the name of...
Sabbirbhai FakroddIn Vs. Abdul Latif DIn Mohammad and ors.
Court: Mumbai
Decided on: Aug-17-1993
Reported in: (1993)95BOMLR556
V.S. Sirpurkar, J.1. The petitioner herein is challenging the order passed by the Third Additional District Judge, Akola in Election Petition No. 3/91.2. Briefly stated, the facts are as under:The petitioner is an elected candidate in the elections of Akola Municipal Council from Ward No. 73. It is an admitted fact that after the elections were held, the name of the petitioner was published in the official gazette on 5-12-1991. This election was, however, challenged by way of an Election Petition under Section 21 of the Maharashtra Municipalities Act (hereinafter referred to 'as 'the Act') at the instance of the respondent No. 1 Abdul Latif. It is also undisputed that this Election Petition came to be presented on 4-12-1991. It seems to have been prepared and signed on 3-12-1991. A preliminary objection was, therefore, taken by the petitioner and in that preliminary objection the petitioner pointed out that firstly the petition was presented not by the election-petitioner but by his co...
Dr. Anil Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-16-1993
Reported in: AIR1994Bom241
ORDERH. W. Dhabe, J. 1. The petitioner has challenged in this Writ Petition the admission granted to the respondent No, 5 by the respondent No. 3 for the Post Graduate Degree course in Paediatrics.2. Briefly, the facts are that the respondent No. 5 was registered in January, 1992 in the post Graduate Diploma Course in child Health (for short D.C.H.) in Indira Gandhi Medical College, Nagpur. She did two house jobs in the subjects of paediatrics and medicine of 6 months each. Her first house job in the subject of paediatrics was from 7th February 1992 to 13th August, 1992 and her second house job in the subject of medicine had commenced on 14-8-1992 and it was due to be completed on 7th February, 1993. 3. However, in the meanwhile on 14-1-1993, there was an advertisement issued for Post Graduate registration for degree and diploma courses in the Government Medical College at Nagpur. In the said advertisement, in the subject of Peadiatrics, there were two seals for Post Graduate Degree co...
Parvatibai Baban Shinde Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-16-1993
Reported in: 1994CriLJ1253
Saldanha, J. 1. It is ironical that at a time when the rest of the world is fighting desperately for the equal status of the girl child, that incidents continue around us with barbaric regularity to eliminate the female of the human species. To what extend the bias against daughters and the single minded fixation in favour of the male offspring goads people on particularly within the sphere of marriage and remarriage in certain circles needs to the taken note of the Courts while dealing with these cases will have to function with a degree of firmness. Social justice requires the Courts to play a sensitive, secular and civilizing role in suppressing grievous injustice to humanist values by inflicting condign punishment on dangerous deviates. Equally, while dealing with the oppressed sector and the victims, the Courts will have to reach out strongly to their assistance if justice is to be meaningfully done. 2. This appeal presents a set of facts that are extremely sad but also eloquently...
Hindustan Dorr Oliver Ltd. Vs. A.K. Menon and ors.
Court: Mumbai
Decided on: Aug-16-1993
Reported in: [1994]80CompCas384(Bom)
ORDERS.N. Variava, J. 1. By this petition, the petitioners pray for a declaration that they are the owners of 10 lakh units of the Unit Trust of India (hereinafter for sake of brevity referred to as 'the UTI'). The facts briefly stated are as follows : In respect of certain business transactions of the petitioners with one Varinder Agro Chemicals Ltd., the petitioners drew three bills of exchange for valuable consideration. These were to cover the value of the goods sold by the petitioners to the said Varinder Agro Chemicals Ltd. By reason of certain negotiations a credit period had been given to the said Varinder Agro Chemicals Ltd. to make payment of the price of the goods. Because of this arrangement, the bills of exchange were drawn with 90 days' period of maturity. Varinder Agro Chemicals Ltd. accepted the bills of exchange. These bills of exchange were discounted with the second respondent. For the purposes of enabling the second respondent to discount these bills of exchange, 10...
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