Mumbai Court April 1994 Judgments
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Mrs. Margareth Antao and anr. Vs. Inacio Dias and ors.
Court: Mumbai
Decided on: Apr-15-1994
Reported in: 1995(1)BomCR213; (1994)96BOMLR0552
E.S. Da Silva, J.1. Heard.2. I have gone through the impugned judgments of appellate Court and trial Court as well and also considered the submissions of the learned Counsel. The petitioners/applicants' claim for ownership and possession of the suit cafeteria has been disbelieved by the courts below after a fairly detailed scrutiny of the documentary evidence made available by the parties, namely, the fact that the same suggests that the registration certificate of the establishment is in the name of the respondent No. 5, the Municipal licence stands in the name of the respondent No. 1 and till the year 1984 the lease agreement of the premises continued in the name of the same respondent No. 1, while on the other hand, there is no document to show that the lease was at any time surrendered by the said respondent No. 1.3. Further from their own pleadings it is seen that the applicant No. 1 admits having conducted the business of the restaurant from 1983 to 1989 on behalf of the responde...
Gajulal S/O. Kuldiram, Died Per L.Rs. and ors. Vs. Ugrasen S/O. Bhadra ...
Court: Mumbai
Decided on: Apr-15-1994
Reported in: 1994(4)BomCR487; (1994)96BOMLR388
N.P. Chapalgaonker, J.1. This is tenants's revision application under section 26 of the Hyderabad Houses (Rent, Eviction & Lease) Control Act, 1954 (hereinafter referred to as 'Hyderabad Rent Act' for the purpose of brevity) challenging the decree against him which was passed by the learned Rent Controller, Hingoli, on the ground that he is a wilful defaulter and was confirmed later by the learned District Judge, Parbhani.2. Petitioner was tenant of shop number 2803 situated at Sadar Bazar in Hingoli town and the landlord filed an application under section 15 of the Hyderabad Rent Act contending that the defendant was a wilful defaulter and has not paid the rent in time and on this ground the eviction was sought. Defendant petitioner in his written statement denied being a wilful defaulter but also mentioned that in an earlier Civil Suit bearing No. 132 of 1975 for the recovery of the rent which was filed by the plaintiff landlord, defendant had challenged the ownership of the plaintif...
Collector of Central Excise Vs. Metal Tube Rolling Mills
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-12-1994
Reported in: (1994)(74)ELT883Tri(Mum.)bai
1. This Reference Application is filed seeking reference on the questions formulated and pleaded to be the questions of law arising out of the order of this Bench No. 987/93-WRB, dt. 21-6-1993 in Appeal No.E/676/92-Bom.2. The issue relates to denial of the Modvat credit on the deemed credit basis in relation to the scrap purchased by the respondent from ammunition depots. This Bench in the impugned order allowed the respondent's appeal by holding that there was no clear proof available on record to show that the scrap generated and produced by the appellant had not suffered any duty and as such it could not be said that the item was clearly recognisable as non-duty paid resulting in denial of the benefit as per the Govt. of India's Order No.B/22/5/86-TRU, dt. 7-4-1986.3. The Dept. wants the following issue to be raised and referred to the High Court: "The inputs copper scrap & brass scrap is clearly recognisable as non-duty paid and therefore as per the Govt. of India's order issu...
Commissioner of Income-tax Vs. Ambalal Kilachand and (Late) Tulsidas K ...
Court: Mumbai
Decided on: Apr-12-1994
Reported in: (1995)124CTR(Bom)252; [1994]210ITR844(Bom)
Mrs. Sujata Manohar, C.J.1. A common question of law arises in both these references. For the sake of convenience, we are referring to the facts in Income-tax Reference No. 433 of 1982. The assessee is an 'individual' and was at all material times a resident of India. The assessee received dividend income from companies in the United Kingdom. The companies in the United Kingdom had paid the corresponding tax to the United Kingdom treasury on the dividends so received. For the assessment years 1970-71 to 1974-75 (which are the concerned assessment years), the assessee received the following amounts which are, for the sake of convenience, referred to as 'net dividend', while the amount received plus the corporation tax paid on it by the concerned U. K. company in the United Kingdom is referred to, for the sake of convenience, as 'gross dividend'. The amounts involved in the five assessment years in question are as follows : ----------------------------------------------------------------...
Commissioner of Income-tax, Bombay City Iii, Bombay Vs. Citibank N.A.
Court: Mumbai
Decided on: Apr-12-1994
Reported in: [1994]208ITR930(Bom)
DR. B.P. Staff, J. 1. By this reference, the Income-tax Appellate Tribunal has referred the following two questions two questions of law to this court at the instance of the Revenue for opinion under section 256(1) of the Income-tax Act, 1961 ('the Act', for short) : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the instructions of the Central Board of Direct Taxes contained in circulars in force in the relevant previous year as well as in the assessment year were applicable so that the interest recorded in the memorandum account should not have been included in the assessable profits, even though the instructions were withdrawn on June 20, 1978? (2) Whether, on the facts and in the circumstances of the cases and having regard to the fact that the assessee's method of accounting for its banking business was mercantile, the Tribunal was right in law in holding that the interest recorded in the memorandum account in the re...
A.R. Sathye and ors. Vs. S.G. Chemicals and ors.
Court: Mumbai
Decided on: Apr-08-1994
Reported in: 1994(4)BomCR454
.R. Dhanuka, J.1. For the reasons discussed in later part of this judgment, the petition is dismissed and rule is discharged with a direction to respondent No. 1 to deposit in Court or pay amount equivalent to six months' salary last drawn to each of the petitioner in full and final settlement of the petitioners' claims whatsoever (ex-gratia) on the conditions set out in the last paragraph of this judgment. The above referred direction is issued with consent of respondent No. 1 conveyed to this Court through its learned Counsel.2. This petition is filed under Article 226 of Constitution of India. By this petition, the petitioners have impugned award dated 31st August, 1987, made by Shri R.M. Pathare, Presiding Officer, Eighth Labour Court, Bombay in reference (IDA) No. 378 of 1982. By letters dated 21st September, 1981, issued by respondent No. 1, the respondent No. 1 terminated the services of petitioners 1 to 7 on the ground that the petitioners had lost confidence in the said workme...
Philomena John D'souza and Ors. Vs. Brij Bihari Nayar and Ors.
Court: Mumbai
Decided on: Apr-08-1994
Reported in: (1994)96BOMLR929
Bhimrao N. Naik, J.1. Heard both sides. This is defendants' appeal challenging the order passed in Notice of Motion No. 3446 of 1991 in S.C. Suit No. 4387 of 1991 whereby the motion taken out by the respondents-plaintiffs was made absolute in. terms of prayer (b) except bracketed portion, that is 'and remaining thereupon and from removing coconuts, plants, trees, vegetables and any other material therefrom'. Respondents-plaintiffs motion was made absolute also in terms of prayer (c) except the bracketed portion.2. Few facts which are relevant for the purpose of disposal of this appeal from order are as follows ,:-The present respondents-plaintiffs filed S.C. Suit No. 4387 of 1991 for claiming declaration that the entry made by the Talathi on 7 /12 extract of the suit property i.e. Survey No. 247 Hissa No, 3 and Survey No. 247 Hissa No. 4; Manori, Malad, Bombay in respect of Defendant No. 1 is bad in law, illegal and void and the same is required to be deleted. Further prayer in the pla...
Satish Kumar Vs. State
Court: Mumbai
Decided on: Apr-08-1994
Reported in: II(1995)DMC185
G.D. Kamat, J.1. In Sessions Case No. 32/91 by the Judgment and Order dated 26th May/7th June, 1993 the appellant was convicted under Section 302 of the Indian Penal Code for having murdered his wife Geeta and sentenced to imprisonment for life. He appeals against his conviction.2. The prosecution case against the appellant is that between 1.30 p.m. on 14th December, 1990 to 8.30 a.m. on 15th December, 1990 in Room No. 204 of Hotel Four Pillars, Panaji, Goa he intentionally caused the death by strangulating his wife Geeta and quietly left Bombay by bus in the afternoon of 15th December, 1990.3. Prosecution Case unfolded suggests that the appellant and his wife Geeta arrived from Bangalore at Panaji, Goa on the morning of 14th December, 1990 and sought a room at Tourist Hostel run by the Goa Tourism Development Corporation. As the Tourist Hostel could not accommodate the couple, the same Hostel arranged a room at the hotel known as Four Pillars by accepting an advance rent of Rs. 150/- ...
Karbhari Maruti Agawan and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Apr-07-1994
Reported in: AIR1994Bom304; 1995(1)BomCR596
ORDERChapalgaonker, J. 1. Heard Counsel for the parties. Rule. Rule taken up for hearing forthwith by consent of the parties.2. Petitioners are the members of respondent No. 5 Co-operative Sugar Factory, which is a Specified Society within the meaning of Section 144A(2)(c) of the Maharashtra Co-operative Societies Act 1960 (hereinafter referred to as 'Co-operative Societies Act' for the purpose of brevity). The Collector, Ahmedanager, respondent No. 2 published a provisional list of voters on 10th February 1994 and, invited objections and claims on or before 21st February 1994. It is contended by the petitioner that they had raised objections in respect of some persons included in the provisional voters' list and the Collector had sent those objections to the respondent No. 3 i.e. Regional Joint Director (Sugar), Ahmednagar, who had powers of the Registrar in respect of the respondent No. 5 Karkhana. However, he did not make any report and the Collector was pleased to pass an order on ...
Ramesh Krishna Sawant Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-06-1994
Reported in: 1994(4)BomCR452; 1995CriLJ1702
Sahai, J.1. Petitioner Ramesh Sawant, Convict No. C-1867, detained in Nasik Road Central Prison, Nasik has preferred the present petition with prayer that the sentences awarded to him in three different cases arising out of three different crime numbers be directed to run concurrently.2. From a perusal of the aforesaid application and the affidavit filed by Mr. B. B. Wagh, Jailor Group No. II, attached to Nasik Road Central Prison, it transpires that the petitioner was tried and convicted in the below mentioned three cases :-(1) Case arising out of Case No. 73/85 arising out of Crime No. 37/84 of police station Nasik registered under Section 395, I.P.C. In the aforesaid case, vide Judgment dated 13-12-1985, the Additional Sessions Judge, Nasik convicted and sentenced the petitioner to seven years R.I. under Section 395, I.P.C. (2) In Case No. 85/85 arising out of crime No. 38/84 of police station, Trimbakeshwar, the petitioner was convicted under Section 395 read with 397, I.P.C., and ...
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