Mumbai Court June 1994 Judgments
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Dr. Prem Prakash Vs. Neetu Dharamveer Bhatia
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1995(3)BomCR530; (1994)96BOMLR212
S.M. Jhunjhunuwala, J.1. By this petition, the petitioner seeks leave under Clause XII of the Letters Patent to sue the respondent in this Court.2. The respondent having acquired shop bearing No. 21-B on the ground floor of the property known as 'Kamanwala Nagar 1' situate at Village Bolinge, Taluka Vasai, District Thane Agashi Road, Virar (for short, 'the said shop') on what is popularly known as 'ownership basis' agreed to sell the said shop to the petitioner for the consideration and on the terms and conditions contained in the Agreement dated 15th October, 1992 entered into by and between the petitioner and the respondent at Bombay (for short, 'the said agreement'). Clauses 5 and 7 of the said agreement, which are relevant for the purpose of this petition, read as under :--'5. At the time of completion of sale, the Vendor shall against the payment of the said balance purchase price, execute duly stamped sale deed or other documents in favour of the purchaser or his nominee or nomin...
The National Small Industries Corporation Ltd. Vs. Ramchandra Raghunat ...
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1994(4)BomCR598; (1994)96BOMLR338
D.R. Dhanuka, J.1. This appeal is preferred by the original defendants against decree passed on 30th September 1977, by the Bombay City Civil Court at Bombay in Suit No. 4001 of 1965. By the said decree, the trial Court directed the defendants to pay to the plaintiff a sum of Rs. 12,435/- with interest to the plaintiff as and by way of damages at the rate of six per cent per annum from the date of filing of the suit till the date of realisation of the decreetal amount and cost of the suit. The parties to this appeal are hereinafter referred to as the defendants and the plaintiffs for sake of convenience. The material facts having bearing on subject matter of this appeal are briefly summarised hereinafter.2. On 28th February, 1964, the defendants asked for quotations from the plaintiff for supply of one 3 Roller Pulverising Bill with companies accessories. On 24th February, the plaintiff offered to sell to the defendants from ready stock the said pulverising Mill, Indian make 'Master' B...
Gyandeo Tukaram Devre and ors. Vs. Ganpat Nathu Devre and ors.
Court: Mumbai
Decided on: Jun-13-1994
Reported in: 1994(4)BomCR172
D.R. Dhanuka, J.1. Mr. Jamdar tenders copy of the rules applicable to the society. Copy of the rules taken on record and marked 'A' for identification.2. A short but interesting point arises in this appeal concerning interpretation and application of section 47 of Bombay Public Trusts Act, 1950 as indicated below. The question before the Court is as to whether the application made under section 47 of the Act for appointing two of the trustees to fill up the vacancy caused on death of two out of nine trustees is maintainable in law.3. This appeal is preferred by original opponents No. 1, 2 and 4 against the Order dated 30th September 1983, passed by the Joint Charity Commissioner, Maharashtra State, Bombay in Application No. 3 of 1983, made under section 47 of the Bombay Public Trust Act, 1950. By the said Order, the Charity Commissioner has appointed Shri Vishwanath Namdeo Devre and Shri Kadu Eknath Hire as Trustees of 'Gram Shikshan Samiti Trust' Umarane Taluka Malegaon, District Nash...
inspecting Assistant Vs. Indian Art Emporium
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-10-1994
Reported in: (1994)50ITD21(Mum.)
1. These are two appeals filed by the Revenue against the orders of the Commissioner of Income-tax (Appeals) for the assessment years 1983-84 and 1984-85. Since the grounds of appeal are common, they are disposed of by a single consolidated order. The following grounds have been taken in the respective appeals : (1) The Commissioner of Income-tax (Appeals) erred in allowing relief to the extent of Rs. 6,990 under the head "Sales promotion". (2) The Commissioner of Income-tax (Appeals) erred in deleting the addition of Rs. 90,000 made under Section 68 of the Act in respect of credits of Rs. 45,000 each appearing in the name of Shri Ranbir Mehra and Sudhir Mehra (Hindu undivided families). (3) The Commissioner of Income-tax (Appeals) erred in directing that the value to closing stock should be arrived at by allowing deduction of 55 per cent, as profit and bargain margin as against deduction of 45 per cent, given by the Inspecting Assistant Commissioner (Assessment). (1) The Commissioner...
R.S. Deboo, (since deceased by L.R's) Vs. Dr. M.V. Hindlekar and Anoth ...
Court: Mumbai
Decided on: Jun-10-1994
Reported in: AIR1995Bom68; 1995(1)BomCR17; (1994)96BOMLR60
1. This appeal is preferred by original defendant against decree dated28th Sept. 1977 passed by the Bombay City Civil Court at Bombay in Suit No. 9048 of 1975. By the said decree, the trial Court directed the defendant to pay a sum of Rs. 3,560/- together with interest thereon at the rate of 6% per annum from the date of the decree till payment and cost of the suit. 1A. The Court is informed by the learned counsel on both sides that in view of the death of the appellant and original respondent No. 2, the heirs and legal representatives of the appellant as well as original respondent No. 2 have been brought on record of this appeal. 2. This appeal involves consideration of interesting questions of law as indicated in the later part of this judgment. The questions of law arising in this appeal arc also of public importance to some extent. For the sake of brevity, the parties to the appeal are hereinafter referred to as the defendants and the plaintiffs. The basic question arising in this...
Chandrakant S.N. Pednekar Vs. Shaikh Kassim Haideralli
Court: Mumbai
Decided on: Jun-10-1994
Reported in: AIR1995Bom265; 1995(1)BomCR264; (1995)97BOMLR804
1. The appellant/petitioner seeks the review of my Order dated 8-4-1994 in Second Appeal No. 21 of 1993 whereby his appeal was admitted on the substantial questions of law formulated in the memo of appeal although the stay sought for was refused andthe ad interim Order dated 8-4-1983 was vacated. 2. In the said Order this Court had directed the respondent to give an undertaking that in case the appeal was allowed he would vacate the suit premises within a period of two weeks from the date of final decision of the appeal. It so happens that in the last part of this Order the Court has added one condition on the admission of this appeal by making it subject to the appellant handing over the possession of the suit premises to the respondent within a week. Shri Talaulikar, the learned counsel for the appellant/ petitioner in this case, has made a grievance against this part of the Order as well as against the refusal of the stay. He has submitted first of all that the condition imposed on ...
Shri Ashok Gavade Vs. State of Goa
Court: Mumbai
Decided on: Jun-10-1994
Reported in: 1995(1)BomCR363
Dr. E.S. Da Silva, J.1. The appellants are the accused in Sessions Case No. 6/92 who are challenging the Judgment of the learned Sessions Judge, South Goa, Margao, dated 3-8-1993. By the aforesaid judgment the learned Sessions Judge has convicted both the appellants for offences under Section 302 and 201 of the IPC r/w. Section 34, of IPC and sentenced each of them to life imprisonment and fine of Rs. 1,000/- and in default to 3 months R.I. as far as the offence under Section 302 of IPC is concerned and 6 months R.I. and Rs. 500/- fine or in default to plus 2 months R.I. in respect of the offence under Section 201 of IPC. 2. This is a case which allegedly occurred on the night of 2-12-1991 at Pirla, Quepem, and the body of the deceased was purported to have been discovered only on 6-12-91. The main protagonists of the tragic incident are the Accused No. 1 Surekha Dessai married to one Suresh Dessai, a police constable at that time attached to Colva Police Station, Ashok Gavade, the acc...
Shalimar Tubes and Industries Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jun-10-1994
Reported in: 1994LC660(Bombay); 1994(74)ELT520(Bom)
ORDERDr. B.P. Saraf, J. 1. The only controversy in this case is regarding inclusion of the cost and charges of the plastic caps fitted to extruded aluminium tubes for the purpose of determining the assessable value for levy of excise duty. 2. Learned counsel for the petitioners submits that the above controversy stands concluded by a decision of this court in OOCJ Appeal No. 887 of 1988 in Writ Petition No. 1249 of 1980 Union of India v. M/s. Impact Containers Pvt. Ltd. dated 27th September, 1991 and the decision of the Appellate Tribunal reported in (Tribunal) Metal Box of India Ltd. v. Collector of Central Excise, Calcutta appeal against which has also been dismissed by the Supreme Court on 20-11-1989 Civil Appeal No. 1930 of 1984 filed by the Collector of Central Excise, Calcutta. 3. Learned counsel for the respondents relies on the decision of the Supreme Court in Union of India v. Bombay Tyres International Ltd. 1983 (14) E.L.T. 1896. We have considered the rival submissions. We f...
Parmeshwar Sopan Gaikwad Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-10-1994
Reported in: 1995(1)BomCR420; (1994)96BOMLR198
Vishnu Sahai, J.1. The appellant has preferred this appeal against his conviction under section 302 I.P.C. and sentence of imprisonment for life and fine of Rs. 100/- and fifteen days R.I. in default imposed there under. The aforesaid order was passed by Shri V.L. Sawaleshwarkar, IIIrd Additional Sessions Judge, Thane on 9-9-1991 in Sessions Case No. 421 of 1990.2. The prosecution case in brief as unfolded from the recitals made in the First Information Report and in the deposition of the witnesses recorded in the trial Court, runs as under:--The informant P.W. 2 Balu Kamble is the younger brother of the deceased Mangala. According to the prosecution about 8 to 9 years prior to the date of incident the deceased Mangala had been married to the appellant. The evidence is that her house was situated at a distance of about 50 ft. from that of P.W. 2 Balu Kamble and his brother Bappa (P.W. 3) and their family members. According to the prosecution, appellant who was a drunkard in a drunken s...
Urdu Education Society and anr. Vs. Dinshaw Naoraji Printer
Court: Mumbai
Decided on: Jun-10-1994
Reported in: 1995(1)BomCR618
N.P. Chapalgaonkar, J.1. Heard Shri P.V. Mandlik, learned Counsel for the petitioner and Shri B.R. Warma, learned Counsel for the respondent.2. Respondent is the landlord of house bearing Municipal No. 3-11-1967(A) (old), 3-12-1980 (new C.T.S. No. 10159 situated at Shahgunj locality of Aurangabad city. This premises is let out to the petitioners for a monthly rent of Rs. 7963/- excluding electricity and water charge for running the school. Since the defendants failed to pay rent from 1-4-1985, a Small Cause Suit No. 379 of 1986 came to be filed in the Court of Jt. Civil Judge, J.D. at Aurangabad. Defendants resisted the claim. The learned Judge was pleased to decree the suit and directed that the rent Rs. 95,556/- which was already deposited in the Court be paid to plaintiff and he to recover interest of Rs. 17,200/- from the defendants Nos. 1 and 2. This decree dated 10-11-1988 passed by the learned Jt. Civil Judge, J.D., Aurangabad is challenged in this revision application.3. Shri P...
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