Mumbai Court October 1995 Judgments
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Raphik Mehbub Pakhali Vs. Anantkumar Pravinkumar Jajal and anr.
Court: Mumbai
Decided on: Oct-19-1995
Reported in: 1996ACJ356; 1996(2)BomCR541; (1996)98BOMLR247
A.V. Savant, J.1. Heard all the learned Counsel.2. This appeal was heard for admission in the month of June 1995 and notice before admission was issued. Thereafter when the matter came up before me, I thought that it was necessary to hear the matter on a priority basis having regard to the consequences which would follow if the impugned order passed by the M.A.C.T. Kolhapur (for short 'Tribunal') was allowed to remain in force with the possibility of similar view being taken by the learned Judges in a number of matters. Hence, I had indicated to both the learned Counsel appearing for the respondents that I would like to hear the appeal itself finally. Hence, appeal admitted.3. By consent appeal taken up for hearing and final disposal forthwith. Paper book and printing dispensed with. Heard all the learned Counsel.4. The order impugned in this appeal is dated 9th December, 1994 passed by the Tribunal below Exh. 5 in M.A.C. Application No. 48 of 1994. The result of the said order is that...
Raphik Mehbub Pakhali Vs. Anantkumar Pravinkumar Jajal and ors.
Court: Mumbai
Decided on: Oct-19-1995
Reported in: 1(1996)ACC641
A.V. Savant, J.1. Heard all the learned Counsel.2. This appeal was heard for admission in the month of June, 1995 and notice before admission was issued. Thereafter when the matter came up before me. I thought that it was necessary to hear the matter on a priority basis having the M.A.C.T. Kolhapur (for short 'Tribunal') was allowed to remain in force with the possibility of similar view being taken by the learned Judges in a number of matters. Hence, I had indicated to both the learned Counsel appearing for the respondents that I would like to hear the appeal itself finally. Hence, appeal admitted.3. By consent, appeal taken up for hearing and 'final disposal forthwith. Paper book and printing dispensed with. Heard all the learned Counsel.4. The order impugned in this appeal is dated 9th December, 1994 passed by the Tribunal below Exh. 5 in M.A.C Application No. 48 of 1994. The result of the said order is that despite the specific provisions contained in Section 140 of the Motor Vehic...
Trustees of Parsi Panchayat Funds Vs. Director of Income-tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-18-1995
Reported in: (1996)57ITD328(Mum.)
1. The assessee, a charitable trust has filed this appeal aggrieved by the order passed by Director of Income-tax (Exemption) [hereinafter referred to as DIT] under Section 263 of the Income-tax Act, 1961 (hereinafter referred to as the Act). The appellant in this appeal has raised questions (a) challenging the jurisdiction of DIT in invoking Section 263 of the Act; (b) challenging the order of DIT in holding the order of assessment as erroneous and prejudicial to the interests of revenue which order was passed in consonance with the directions of DIT; (c) challenging the order of DIT in revising the order passed in pursuance to the directions issued under Section 144A of the Act; and (d) challenging on merits that the leasing of the land, its development followed by construction thereupon, sale of flats at market rate was not a business venture but, an activity carried out towards the objects of the trust for providing housing to the poorer section of Parsi community and therefore, t...
Arun Laxman Salunkhe Vs. Union of India and ors.
Court: Mumbai
Decided on: Oct-18-1995
Reported in: 1996(2)BomCR539; 1996(1)MhLj696
S.M. Jhunjhunuwala, J.1. The petitioner who was recruited in the services of the Respondents in a Technical line i.e., Combatant Wireless Operator Mechanic II on 6th January, 1972 and who has been discharged with effect from 31st January, 1987 has challenged denial by the Respondent of the pensionary benefits to him. 2. At the time of his enrolment in the Air Force, the petitioner was 16 years and 147 days old. Thus petitioner was enrolled in the Air Force 218 days prior to attaining the age of 17 years. The petitioner had executed a bond of 15 years of regular service with the respondents. At the time of recruitment of the petitioner in the services of the respondents, a writing was executed admitting awareness on the part of the petitioner that the services which would be rendered by him before attaining the age of 17 years would not be counted towards pension. The petitioner was discharged on 31st January, 1987. According to the petitioner, though his enrolment was for 15 years, he ...
Phoenix Metals and Alloys P. Ltd. Vs. Commr. of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-16-1995
Reported in: (1996)(83)ELT393Tri(Mum.)bai
1. Though this day, only stay application was listed for hearing after hearing both sides and with their consent, the appeal itself was taken up for disposal, since the matter calls for a remand back to the Collr.(A).2. The appeal is against the Order-in-Appeal No. NK (1142) 507/95, dated 30-8-1995 rejecting the appellant's appeal. The appellants were denied Modvat credit of Rs. 1,94,836/- only on the ground that they have taken the credit, on the basis of subsidiary gate pass issued by the Supdt. These certificates have been issued on 13-4-1994 and 15-4-1994. As per Notification No. 16/94, dated 30-3-1994, though subsidiary gate pass is specified as a valid document for purpose of taking Modvat credit vide Sl. No. 10 of the table annexed to the Notification, as per the proviso to the Notification the documents should have been issued before 1st April 1994 and the credit has been taken on or before 30-6-1994. In this case, though the credit has been taken before 30-6-1994, the objecti...
Arun Kumar Krishnarao Balpande Vs. Wasudeorao Kondbaji Ganar and Other ...
Court: Mumbai
Decided on: Oct-13-1995
Reported in: 1996CriLJ1091; 1996(1)MhLj491
L. Manoharan, J.1. By this criminal contempt petition, the petitioner seeks to invoke the suo motu jurisdiction of this Court to punish the respondent Nos. 1 and 3 to 14 for having committed criminal contempt of Courts.2. The facts as could be ascertained from the petition are that on 28-3-1994, dead body of Smt. Manorama Kamble was found in the house of one Shri Sham Dewani, a practising Advocate. It was first reported to be an accidental death by the said Shri Sham Dewani. The complainant said that Manorama Kamble had died of electrocuction. On post-mortem of the dead body, it was discovered that she died of strangulation by throttling and that she was raped. Therefore, Jaripatka Police Station registered an offence punishable under Sections 302, 376, 201 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The case, though was initially registered against unknown persons, later accused were...
Rajya Sahakari Krushi V. GramIn Vikas Bank Karmachari Sanghatana and a ...
Court: Mumbai
Decided on: Oct-13-1995
Reported in: [1995(71)FLR1108]
A.P. Shah, J.1. Rule. Shri Singh waives service for the Respondents. By consent the petition is taken up for final hearing. 2. This petition under Articles 226 and 227 takes exception to the order dated September 15, 1995 passed by the Industrial Court, Bombay whereby an application for temporary injunction filed by the petitioner workmen was dismissed by the Industrial Court. 3. The facts giving rise to this petition are rather peculiar. The petitioner joined the service of the respondent Bank on April 25, 1968 as a Clerk. It appears that at the time of her appointment her birth date was shown as July 7, 1937 in the service record maintained by the respondent. The entry relating to the birth date appears to have been made on the basis of the matriculation certificate produced by the petitioner. Subsequently in pursuance of the circular issued by the Bank in 1974 the petitioner submitted a certificate issued by gram-panchayat showing her birth date as July 7, 1940. The petitioner was r...
Mrs. Kutubunisa Begum W/O Mahemood Ur Rahman Vs. Mrs. Bilquees Jahan B ...
Court: Mumbai
Decided on: Oct-13-1995
Reported in: 1996(2)BomCR324
N.P. Chapalgaonker, J.1. Rule. Rule made returnable forthwith by consent.2. The learned 2nd Additional District Judge, Aurangabad took the view that an appeal under section 26-A of the Provincial Small Cause Courts Act, 1984 would be maintainable only against the final disposal of the suit and not against any interim order and was pleased to dismiss the appeal as not maintainable, vide his judgment and decree dated 24-8-1995. This Civil Revision Application challenges this decree passed by the learned 2nd Additional District Judge, Aurangabad.3. Chapter IV-A1 was inserted by Maharashtra Act No. XXIV of 1984, by which Small Cause Courts were invested with the powers to deal with certain class of suits between the licensor and licensee or landlord and tenant relating to recovery of possession of any immovable property, irrespective of the value of the subject matter of such suits or proceedings. The whole Chapter IV-A deals with the class of suits mentioned in section 26.4. Section 24 is...
Raj Harsh Sud and ors. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Oct-12-1995
Reported in: 1996(2)BomCR293
D.R. Dhanuka, J.1. This petition is finally heard at the admission stage on the footing that the Court shall dispose of the petition finally at the admission stage in view of the urgency involved. The petition has been argued at considerable length and with thorough preparation on either side on the footing of final hearing.2. Rule heard forthwith for final hearing. Perused the petition and the affidavits filed on either side and also the compilation of documents.3. The petitioners have filed this petition for issue of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction so as to compel the respondents to issue continuous discharge certificates to the petitioners and for various consequential reliefs set out in prayer (b) of the petition.4. The petitioners are all ex-naval sailors (ex-naval ratings) having served in the Indian Navy for about 15 to 20 years. The petitioners have annexed a statement of particulars pertaining to the peti...
Rangnath Vs. Smt. Indira
Court: Mumbai
Decided on: Oct-12-1995
Reported in: I(1996)DMC462
R.M. Lodha, J.1. Taking exception to the order passed by the 2nd Joint Civil Judge, Senior Division, Nagpur on 25.11.1983 directing the present applicant to pay maintenance pendente lite to the non-applicant herein at the rate of Rs. 500/- per month, the present Revision Application has been filed by the applicant.2. Mr. Shabbir Hussain, the learned Counsel for the applicant Rangnath (for short 'the husband') submits that the Court below did not take into consideration the fact that the husband was paying maintenance to the non-applicant Smt. Indira Rangnath Jeevanapurkar (for short 'the wife') at the rate of Rs. 300/- per month under Section 125 Cr.P.C. by virtue of the order dated 24.9.1991 passed by the learned Judicial Magistrate First Class, 4th Court, Nagpur.3. Mr. Shabbir Hussain, the learned Counsel for the husband further subsist that the applicant husband is an employee in Maharashtra State Electricity Board as Assistant Inspector and his carry home salary is Rs. 1269/-. Mr. ...
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