Mumbai Court July 1994 Judgments
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Yeshavadabai Shankar Dongare Vs. Bhagirathibai Appaji Patil, Since Dec ...
Court: Mumbai
Decided on: Jul-27-1994
Reported in: AIR1995Bom419; 1994(4)BomCR535; (1994)96BOMLR267; 1995(2)MhLj674
The case questioned whether a flour mill falls within the meaning of the expression 'business' so as to attract the provisions of Section 6(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - It was adjudged that the flour mill could be treated as a manufacturing unit and hence, it would fall within the purview of 'business' and as a result, the said Act would be applicable to the flour millJUGEMENT1. This appeal is directed against the judgment and order dated 20th March, 1983 passed by the learned II Extra Assistant Judge, Solapur, in Civil Appeal No. 226 of 1981 setting aside the judgment and decree dated 29th September, 1980 passed by the learned Civil Judge, Junior Division, Mangalwedha, in Regular Civil Suit No. 27 of 1974.2. The short facts of the present case are that the plaintiff filed the suit for recovery of vacant possession of the suit premises bearing Municipal House No. 428 situated at Mangalwedha Town limit on the ground of bona fide personal requ...
Ashok Nivruti Desai and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-27-1994
Reported in: 1995(1)BomCR288; (1994)96BOMLR167; 1995CriLJ826
1. Vide order dated 30-11-1987 passed by the IInd Additional Sessions Judge, Satara in Sessions Case No. 38 of 1987 the appellants were convicted and sentenced as under : Appellant No. 1 Ashok Nivruti Desai was convicted under Sections 363, 366, 376, and 506, IPC and Section 57 of the Bombay Children Act and was sentenced to undergo 4 years' rigorous imprisonment and a fine of Rs. 500/- and in default to further undergo 6 months' R.I. under the first count and to undergo 5 years' R.I. and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo 6 months' R.I., separately, under the second and third counts. However, no separate sentence was awarded to him under the 4th and 5th counts. Appellant Nos. 2 and 3 viz. Pandurang Bapu Gaikwad and Sou. Shantabai Pandurang Gaikwad, respectively, were convicted under Sections 376, read with 109, IPC and sentenced to undergo 3 years' R.I. and a fine of Rs. 500/- and in default to further undergo 6 months' R.I. In addition app...
Vimal Agarwal Vs. Appropriate Authority and Others
Court: Mumbai
Decided on: Jul-27-1994
Reported in: 1995(2)BomCR626; (1994)121CTR(Bom)99; [1994]210ITR16(Bom)
Dr. B.P. Saraf, J.1. By this writ petition the petitioner has challenged the order of the appropriate authority dated February 26, 1993, under sub-section (1) of section 269UD of the Income-tax Act, 1961 ('the Act'), directing the purchase of the property in question by the Central Government. The facts of the case briefly stated are as follows : The petitioner is the owner of a flat being flat No. 403, Parishram, situated at 320, Pali Hill, Bandra, Bombay. The petitioner entered into an agreement dated February 5, 1990, for the sale of the above flat with Shri Amarnath, Smt. Kamala Amarnath and Shri Rakesh Kapoor ('the purchasers'). By the said agreement of sale, the petitioner agreed to sell and the purchasers agreed to purchase the said flat along with five shares of Rs. 50 each held by the petitioner in the co-operative housing society for a consideration of Rs. 29.50 lakhs. Of the said consideration, an amount of Rs. 1 lakh was payable as earnest money on the execution of the agre...
K.H. Kulkarni Vs. Bombay Burma Trading Corporation Ltd. and Another
Court: Mumbai
Decided on: Jul-27-1994
Reported in: 1995(3)BomCR258; (1997)IIILLJ742Bom
1. The challenge in this Writ Petition is the Award of the Industrial Tribunal dated August 30, 1989 in Reference Case No. IT/ 11/85 whereby the learned Tribunal has held that the action of the employer M/s. The Bombay Burma Trading Corporation Limited, Cochin, Respondent No. 1 in this case (hereinafter called the respondent), in superannuating the services of the petitioner, their Main Depot Keeper, Margao, from May 6, 1982 was legal and justified and, therefore the workman was not entitled to any benefit or relief in the Government Reference. 2. The case of the petitioner is that he was appointed by the Respondent as its Sales Representative on June 4, 1963. However, somewhere in September, 1970, the Respondent alleging that there was a closure of one of its branches, terminated the services of the petitioner and many other employees with effect from September 21, 1970. Thereafter by appointment letter dated October 15, 1970 the petitioner was again offered employment by the Responde...
State of Maharashtra Vs. Sawarmal S/O Shankarlal Agrawal and ors.
Court: Mumbai
Decided on: Jul-27-1994
Reported in: 1996(1)BomCR559
V.S. Sirpurkar, J.1. Present appeal is directed by the State of Maharashtra against the quantum of sentence awarded by the Judicial Magistrate, First Class, Mehkar, against the original accused Nos. 1, 2 and 3, for offence under section 63(2) of the Bombay Sales Tax Act, 1959. By this order, the trial Court has sentenced each of the accused to pay fine of Rs. 500/- and in default to suffer simple imprisonment for one month each.2. Short spectrum of the facts is as under :A charge-sheet came to be filed for the offence under section 63(2) of the Bombay Sales Tax Act against the four accused persons. However, one of the accused persons. S.H. Agrawal, has expired on 15-1-1987 and, therefore, in the present matter, we are concerned only with the three accused persons, who are respondent Nos. 1 to 3 herein. In the said charge-sheet, the prosecution case appears to be that there was a grain-shop run by the partnership firm wherein all these accused persons were the partners, in Mehkar town, ...
Sadat Mirkhan Dalmirkhan Vs. Joint Civil Judge, Senior Division and or ...
Court: Mumbai
Decided on: Jul-27-1994
Reported in: 1995(3)BomCR437; (1995)97BOMLR806
M.B. Ghodeswar, J.1. The petitioner Sadat Mirkhan has filed this petition under article 226 of the Constitution of India, challenging the order dated 10-1-1992, passed below Exhibit 94, by the Joint Civil Judge, Senior Division, Yavatmal in Criminal Case No. 120 of 1986.2. Shortly stated, the facts are that on the complaint of Civil Judge, Junior Division, Pusad, a Criminal Case No. 120 of 1986 was registered under section 193 of the Indian Penal Code against the petitioner. In Civil Suit No. 20 of 1972, Shri Mirza, Advocate represented the plaintiff. The petitioner-defendant filed his written statement and in view of para. 14 of the written statement, Shri Mirza, Advocate filed an affidavit that the averments in para 14 of the written statement are false and that the complainant Judge alleged in the complaint:'The circumstances of the case demonstrate and lead to an irresistible inference that the evidence so far pertaining to the so-called advice given by Shri Mirza is intentionally ...
Oriental Insurance Co. Ltd. and Anr. Vs. Edward D'Cruz and Ors.
Court: Mumbai
Decided on: Jul-27-1994
Reported in: II(1995)ACC159; 1995ACJ1106; 1995(3)BomCR295; (1995)97BOMLR771
A.A. Halbe, J.1. Both these appeals are disposed of by the common judgment as they arise out of one and single accident, dated 27-1-1985. First Appeal No. 94 of 1988 is preferred by the Insurance Company against the finding of the Motor Accidents Claims Tribunal in Claim Petition No. 65 of 1985 that the liability of the Insurance Company is Rs. 50,000/- as against the contention raised on behalf of the insurers that the liability of the Insurance Company is Rs. 15,000/-. First Appeal No. 134 of 1989 is by appellant/original respondent No. 2 Kadamba Transport Corporation on the ground that the Compensation of Rs. 1,00,000/- awarded in respect of the deceased lady aged about 65 years was disproportionately high and that it needed to be scaled down to a level which should represent the just and reasonable compensation which in turn has to be worked out on the basis of the number of years of service the deceased would have rendered to the family. There is also one ground raised in the appe...
Bank of Baroda Vs. Abasaheb Sidu Chavan and ors.
Court: Mumbai
Decided on: Jul-27-1994
Reported in: (1995)97BOMLR512
D.R. Dhanuka, J.1. The Bank of Baroda has preferred this appeal against decree dated 25th February, 1977, passed by the Court of CivilJudge, Senior Division, Sangli at Sangli in Special Civil Suit No. 90 of 1974. The parties to the appeal are hereinafter referred to as the 'Plaintiffs and the Defendants'.2. On or about 1st July, 1974, the plaintiffs bank filed the above referred suit against the defendants for recovery of a sum . of Rs. 49,161.60 alongwith interest thereon at 11% per annum from the date of filing of the suit till realisation and cost of the suit. It was averred in the plaint that defendant No. 1 was the principal debtor in respect of the said amount and defendants No. 2 and 3 were the guarantors. The plaintiffs also sought enforcement of the hypothecation as well as the mortgage created by defendant No. 1 in favour of the plaintiffs to secure the amount of suit claims as set out in the plaint. It was the case of the plaintiffs in the plaint that defendant No. 1 had int...
P.L. Chaudhari Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-26-1994
Reported in: (1994)51ITD229(Mum.)
1. This appeal by the assessee is directed against the order of the CIT(A)-XVII, Bombay and relates to the assessment year 1987-88.2. The solitary issue raised in this appeal relates to the question whether the amount of Rs. 2,01,000 received by the assessee on transfer of practice of Chartered Accountancy to M/s. C.R. Bhansali & Associates, Chartered Accountants is exigible to tax? 3. Shri P.L. Chaudhari, the assessee appeared in person. Relevant documents and papers were filed before us. It was stated that due to the old age, the assessee decided to transfer his practice to one M/s.C.R. Bhansali & Associates for a consideration of Rs. 2,01,000 with effect from 1-2-1988. The assessee surrendered the certificate of practice. As per letter issued by the Institute of Chartered Accountants of India dated 14th April, 1987, the certificate of practice was cancelled with effect from 1st April, 1987. The assessee issued a letter dated 1 -2-1986 to his clients. This letter is reproduc...
Shailesh Vinayaka Shekhande and Others Vs. State of Maharashtra and Ot ...
Court: Mumbai
Decided on: Jul-26-1994
Reported in: AIR1995Bom139; 1995(2)BomCR658; 1995(1)MhLj664
ORDERM. L. Dudhat, J. 1. By this Writ petition the petitioners have mainly challenged Government Resolution dated 23rd March 1994. Few facts which are necessary to dispose of this petition are as under :Petitioner No. 1 herein passed his MBBS (Degree) Examination in November 1992. Petitioners No. 2 and 3 passed their MBBS (Degree) Examination also in November but in 1993. They are presently doing their internship in various medical colleges. Petitioner No. 1 will be entitled to apply for post graduate course in July 1994 term. The other petitioners would be eligible to apply for the said course in January 1995 term. The State of Maharashtra (Respondent No. 1 herein) by a resolution dated 23rd March 1994 increasedthe reservation for Scheduled Castes and Scheduled Tribes to 50% to the post graduate course. The Municipal Corporation of Greater Bombay (Respondent No. 2 herein) adopted 50% reservation as per the said Resolution. The corporation thereafter framed rules increasing the reserva...
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