Mumbai Court October 1994 Judgments
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Bombay Environmental Action Group Vs. the Bombay Municipal Corporation ...
Court: Mumbai
Decided on: Oct-19-1994
Reported in: 1995(2)BomCR233
M.L. Pendse, J.1. The facts of this petition would disclose how respondents 2 and 3 colluded with the Bombay Municipal Corporation in flouting the Development Control Rules for Greater Bombay and attempting to put up a huge building in total violation of the Rules and Regulations. The petitioners are a registered society whose aims and objects are inter alia to look after the environment in all its aspects and to ensure that citizens enjoy enhanced quality of life and have maximum civil amenities. The petition is filed on July 17, 1984 as public interest litigation to prevent respondent No. 3 from constructing building named as Arihant. The few facts which are not in dispute are required to be set out to appreciate the grievance of the petitioners.2. The property bearing City Survey No. 4/755 of Malabar Hill and Cumballa Hill Division on the corner of Gopalrao Deshmukh Marg and Bhulabhai Desai Road originally belonged to N.V. Gamadia and N.J. Gamadia. By conveyance dated June 28, 1972 ...
Vithal Laxman Patil Vs. Jaysingrao Bajirao Patil, Since Decd. by His H ...
Court: Mumbai
Decided on: Oct-19-1994
Reported in: 1995(2)BomCR619
S.D. Pandit, J.1. Shri Vithal Laxman Patil, the original defendant No. 2 in Regular Civil Suit No. 44 of 1973 on the file of the Civil Judge, Junior Division, Vita has come in Second Appeal before this Court.2. The suit property is a house property bearing Grampanchayat Property No. 268 of Mouje Ambak, District Sangli. Original plaintiff Jayasingrao Bajirao Patil came before the Court with a case that the said property was originally belonging to the Gujar family and he had purchased the said property under two Sale Deeds and had become owner of the same. But the appellant original defendant No. 2 Vithal Laxman Patil was obstructing him from enjoying the said property. He, therefore, sought a decree for perpetual injunction and in the alternative, a decree for possession. The original defendant No. 1 the Grampanchayat of Mouje Ambak was though duly served did not appear before the Court and contest the claim of the plaintiff. But the present appellant Shri Vithal Laxman Patil had conte...
Tech Movers Systems (India) P. Ltd. Vs. the Regional Provident Fund Co ...
Court: Mumbai
Decided on: Oct-19-1994
Reported in: 1995(4)BomCR85
B.P. Saraf, J.1. Two important questions of law arise for consideration in this case. First, when the provisions of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 become applicable to an establishment under sub-section (4) of section 1 of the said Act. In other words, whether the provisions of this Act can be applied to an establishment falling under the above sub-section only after the issue of the notification in the Official Gazette as contemplated therein or may be applied provisionally from any date after the making of an application even before issue of such a notification. Second, whether the employer and or the employees having once agreed to the application of the provisions of this Act to the establishment in question, any one of them can opt out of the same at any time before the notification is made in the Official Gazette.2. Before adverting to the above questions of law, it would be expedient to set-out briefly the facts of the case giving rise to t...
Dayandeo Dattatraya Kale and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-18-1994
Reported in: 1995(3)BomCR86; (1995)IILLJ597Bom; 1995(2)MhLj930
Halbe, J.1. Under the directions dated 2.5.1994 by the Supreme Court, these writ petitions are taken up for disposal. As per the directions, these Writ Petitions along with two other writ petitions namely Nos. 2055 of 1992 and 2921 of 1993 were directed to be disposed of before 30th June 1994. However, Writ Petition Nos. 2055 of 1992 and 2921 of 1993 are not taken up for consideration along with the above writ petitions in view of the fact that the point involved in these two writ petitions is somewhat different from the points which have been raised in the above writ petitions. 2. The petitioners have sought for cancellation of selection and appointment of 481 clerks and 82 peons by respondent No. 8. The Ahmednagar District Central Co-operative Bank Ltd. in the month of August 1991 on the ground that the interviews that were held were nothing but a farce; that the selection of the candidates or the posts of clerks and peons had already been secretly planned by the Directors of the Ban...
Tanaji Rau Kurlekar Vs. Sonubai
Court: Mumbai
Decided on: Oct-18-1994
Reported in: 1995(1)BomCR639; I(1995)DMC661
S.D. Pandit, J.1. Tanaji Rau Kurlekar plaintiff in Regular Civil Suit No. 393 of 1974 on the file of III Joint Civil Judge, Junior Division, Satara, has come before this Court in Second Appeal.2 One Rau Kurlekar of village Mhasave, Taluka Kondawe, Nune, died in the year 1942 leaving behind him his widow Babai and three daughter Sonubai, Gangubai and Girajabai. The present appellant Tanaji is a genitive son of Gangubai. On 8th June, 1963 this Tanaji, who is the appellant herein, was taken in adoption by Babai and on the 8th June, 1963 a deed of adoption took place and it was also registered. The appellant had initially filed a suit through his natural father and guardian against his adoptive sister Sonubai and heirs of Girajabai to get a partition and separate possession of his 1/2 share in the suit property. After the death of his adoptive mother, Babai on 21st February, 1972 he amended his plaint and claimed possession of the entire suit property and retained his prayer of partition a...
Dr. Rahul S/O Rajendra Mahajan and ors. Vs. State of Maharashtra and o ...
Court: Mumbai
Decided on: Oct-18-1994
Reported in: (1995)97BOMLR600
A.A. Halbe, J.1. Both these writ petitions are disposed of by this common judgment as they relate to quashing of the advertisement, dated 31st January, 1994, issued by the Office of Dean, Medical College, Aurangabad, inviting applications for post-graduate courses from medical graduates who have passed their final M, B. B. S examinations from Medical Colleges at Aurangabad and Ambajogai. Writ Petition No, 619/1994 is aimed at quashing the said notification on the ground that the medical graduates from other colleges namely. Government College Nanded are being excluded from this notification, and that there is hostile discrimination. Writ Petition No. 1662/ 1994 has been filed only to support this notification and for challenging the accommodation of Respondent No. 4 Dr. Sheikh Mohd. Ajaz in the post graduate course in Paediatrics in terms of the interim order passed in Writ Petition No. 619/1994 They are thus interrelated. If the petitioners in Writ Petition No: 619/1994 succeed, the p...
Asahi India Safety Glass Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-17-1994
Reported in: (1994)(55)LC492Tri(Mum.)bai
1. This is an appeal against the order dated 21.5.1992 passed by the Collector of Customs (Appeals), Bombay. The background facts of the appeal are that the Assistant Collector of Customs, Special Valuation Branch, New Custom House, Bombay passed an order dated 22.11.1991 after investigation into the declared value of some of the consignments imported by the appellants herein from their Japanese Collaboration, Asahi Glass Company and ordered that invoice value may be accepted and that pending cases of provisionally assessment may be completed under Section 14(1)(b) of Customs Act, 1962 read with Rule 8 of the Customs Valuation Rules, 1963. The appellants herein had entered into two agreements with the overseas principles. One agreement is a technical collaboration agreement and the other is the equipment supply agreement. The Assistant Collector on examining these agreements bases this order for assessment under Section 14(1)(b) of the Customs Act and Valuation Rules 8 of their import...
Krishna Kesu Pawar Vs. Jayasing Ganapati Mane and ors.
Court: Mumbai
Decided on: Oct-17-1994
Reported in: 1995(2)BomCR622
S.D. Pandit, J.1. Shri Krishna Kesu Pawar, the original plaintiff in Regular Civil Suit No. 130 of 1974 on the file of the Joint Civil Judge. Junior Division, Karad, has come in Second Appeal before this Court.2. The suit property consists of agricultural land bearing Survey No. 13 Hissa No. 2 and Survey No. 14 Hissa No. 1 which is converted into Gut Nos. 32 and 34 of village Chargaon. The suit property was the Patil Vatan Lands. The suit property was belonging to one Raju Mane. He had no male heir but he left behind him his widow Ambubai Raju Mane and daughter Gojabai w/o Rama Pawar. The land in question was gifted by Ambubai Raju Mane in favour of her daughter Gojabai Rama Pawar on 6th December, 1886 and the said Gojabai Rama Pawar had two sons i.e. Kesu and Bali. Kesu is the father of the present appellant Krishna Kesu Pawar. Bali died without any heir. The plaintiff's case is that the said land was continued in occupation and possession of his great grand father Raju Mane. After th...
Deputy Commissioner of Vs. AlarsIn Marketing (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-14-1994
Reported in: (1994)51ITD651(Mum.)
(i) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in directing to exclude the repairs and insurance expenses on motor car amounting to Rs. 21,233 for the purpose of aggregation under Section 37(3A). (ii) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in directing to grant deduction under Section 35(2A) in respect of donation of Rs. 8,00,000 to Swastiyog Pratisthan Charitable Trust overlooking the fact that the conditions prescribed in Section 35(1)(ii) are not fulfilled.2. As regards ground No. (i), the assessee's case is fairly covered by the decision of the jurisdictional High Court in the case of CIT v.Chase Bright Steel Ltd. (No. 1) [1989] 177 ITR 124 (Bom.) and hence, no interference is called for. We, therefore, reject this ground.3. As regards ground No. (ii), the facts are that the assessee made donation of Rs. 8 lacs to Swasthi Yog Pratisthan Charitable Trust, Miraj (Maharashtra) towards a Scient...
Sidhivinayak Chemicals (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-14-1994
Reported in: (1995)52ITD226(Mum.)
1. These are two appeals by the assessee against the order of the CIT(A) Bombay pertaining to assessment years 1983-84 and 1984-85. In both the appeals, the facts and issue involved being common, for the sake of convenience both the appeals are being decided by this common order.2. The issue involved in both the appeals is in respect of levy of penalty under Section 271 (1)(c) for concealment of particulars of income. The facts in both the appeals are identical. The assessee is a private limited company which had filed returns of income for assessment years 1983-84 and 1984-85 declaring loss of Rs. 12,320 and Rs. 2,51,090 respectively on 27-3-1986. As per the balance sheet filed along with the return, there was increase in the share capital and loans from unsecured creditors. The increase in share capital was Rs. 2,24,000 and Rs. 2,54,000 while in respect of unsecured loans it was Rs. 15,973 and Rs. 1,21,000 in respect of assessment years 1983-84 and 1984-85 respectively. But no detai...
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