Mumbai Court September 1993 Judgments
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Pai Paper and Allied Industries Pvt. Ltd. Vs. Commissioner of Income-t ...
Court: Mumbai
Decided on: Sep-01-1993
Reported in: (1994)120CTR(Bom)51; [1994]207ITR410(Bom)
Dr. B.P. Saraf J.1. By this reference made at the instance of the assessee, the Income-tax Appellate Tribunal has referred the following three question of law for opinion under section 256(1) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the disallowance of a sum of Rs. 1,83,842 out of the amount of commission on sales paid to the International Paper Company, which was a sole proprietary concern of Shri T. S. N. Swamy, had been rightly made under section 40(c) of the Income-tax Act 2. Whether, in any event, the Tribunal erred in holding that it was the entire expenditure of Rs. 1,83,842 which was disallowable under section 40(c) without taking into the account the expenditure incurred by the selling agent in discharging his obligation 3. Whether, on the facts and in the circumstances of the case, the Tribunal ought to the have held that the provisions of section 40(c) could apply only where, in the fir...
Suresh Baburao Shinde and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-01-1993
Reported in: 1994(2)BomCR564; (1994)IILLJ120Bom
M.F. Saldanjha, J.1. Worker violence is a phenomenon that is consistently being resorted to and is often sought to be justified under the umbrella of permissible agitation or collective bargaining. This is unfortunately a misguided form of Trade Unionism and will never be tolerated by the Courts. That it is defensible is a complete misnomer, for neither the Industrial Disputes Act nor any other law permits such resort to violence, whatever be the provocation or justification. The inevitable fall-out of such incidents is loss to life and property the victims invariably being officers whose only fault is that they happen to work for the Company or are invested with the task of maintaining law and order. That each of these acts constitutes offences under the Indian Penal Code is something that is always overlooked and the accused, even if subsequently arrested put up spirited defences that they are being unjustifiably framed or victimised even if their actions have resulted in damage or l...
NitIn D. Shanvi and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-01-1993
Reported in: 1996(5)BomCR378
V.S. Sirpurkar, J.1. As may as 14 students have filed the present petition, challenging the constitutionality of the Rules framed by the respondent No. 1- State of Maharashtra governing the admission to the Engineering Colleges, for the year 1993-94. The petitioners, inter alia, contend that the said Rules, which have been brought, for the first time, into force, are unconstitutional for various reasons. They also contend that these Rules make them suffer hardship because of the discriminatory treatment given to the students, more particularly of Nagpur University. There is a background, on which the facts regarding the Rules and the challenge thereto will have to be stated. Those facts are as follows:-2. Prior to 1993-94, i.e., the current year, the Rules, which were in existence, are annexed by the petitioners in Annexure-B to the petition. It is a common knowledge that the admission to the Engineering courses are governed by the Rules generally throughout the State of Maharashtra, a...
Shaikh Dawood Shaikh Biban Vs. the Municipal Corporation of Gr. Bombay ...
Court: Mumbai
Decided on: Sep-01-1993
Reported in: 1994(1)BomCR695
A.V. Savant, J.1. By this petition, the petitioner has challenged the action of seizure of 193 live goats made by the respondents from the petitioner on 5th November, 1988 on the ground that the seizure and the subsequent disposal thereof was arbitrary, illegal and contrary to the provisions of the Bombay Municipal Corporation Act, 1888. The few facts leading to the dispute can be summarised as under.2. On 5th November, 1988 the officers of the Bombay Municipal Corporation had a prior intimation that some goats were likely to be carried by some persons on behalf of the petitioner either to Ghatkoper, Kurla or Chembur for slaughter and not to Denoar abattoir where they ought to have been carried in accordance with the scheme of the provisions of sections 410, 411, and 412 of the B.M.C. Act, 1888. The officers of the Corporation claimed to have kept a watch on 5th November, 1988 on the Eastern Express Highway which leads to Ghatkopar Linking Road. One Arvind Balwant Naiksatam alongwith D...
Rajkumar Buttan Vs. Krantidevi Rajkumar Buttan
Court: Mumbai
Decided on: Sep-01-1993
Reported in: I(1994)DMC574
V.A. Mohta, J.1. The Family Court, Bombay, has granted a sum of Rs. 500/- per month as maintenance from the date of the filing of the petition to the Respondent-Original Applicant, and aggrieved thereby original Respondent No. 1 has filed this Appeal.2. The principal controversy before the Family Court was whether the Petitioner was legally married to Respondent No. 1. The case of the Petitioner is that the marriage took place about 12 years before in village Diwai in U.P. Respondent No. 1 Rajkumar is serving as a cook in Holiday Inn, in Bombay. Respondent No. 2 Maya Kanchi is his second wife. The Petitioner was living in the family house of the Respondent at Balarampur and she was occasionally visiting Bombay where her parents also reside. The Respondent also used to come to the village 4-5 times in a year and used to co-habit with the Petitioner. The Respondent started behaving rudely with her for no reason. Some time prior to 1988 she was mercilessly assaulted and driven out from th...
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