Mumbai Court November 1995 Judgments
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Yeshwant Govind Botre Vs. Sadashiv Mahadev More and ors.
Court: Mumbai
Decided on: Nov-08-1995
Reported in: 1996(2)BomCR548; (1996)98BOMLR277
P.S. Patankar, J.1. This petition under Article 227 of Constitution of India arises in view of the proceeds 32-F and 32-G of Bombay Tenancy and Agricultural Lands Act, 1948 (for short Bombay Tenancy Act) in the following facts :2. One Haribai Vitthal Gosavi was landlady of the lands S. No. 81/3 admeasuring (2-A-16 gs), S.No. 80/2, admeasuring (1-A-5-Gs) and S. No. 113/1 (admeasuring 1-A-5-gs) situated at village Yelvadi, Taluka Khed, District Pune. The petitioner was the tenant thereof on tiller's day i.e. 1-4-1957 and many years prior thereto. However, as she was a widow, tiller's day was postponed by order dated 19-2-1960 by A.L.T. Khed. She died on 11-5-1973. She was staying at different village near Pandharpur (Solapur District). She was having no near relation i.e. son or daughter. No intimation was given to the village officer regarding her death. The respondents who are her husband's brother's sons, for the first time given information to the village officer of Yelvadi in writin...
Arvind S/O Laxmanrao Kasture Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Nov-08-1995
Reported in: 1996(3)BomCR560
B.U. Wahane, J.1. Rule. Heard forthwith.2. In this petition under Article 226 of the Constitution of India, the petitioner Arvind s/o Laxmanrao Kasture the President of Jalgaon Tahsil, Sale and Purchase Co-operative Society, challenged the order dated 30th September, 1995 passed by the respondent No.2- The Assistant Registrar, Co-operative Societies, Jalgaon Jamod, Tah: Jalgaon Jamod, Dist: Buldhana superseding the Managing Committee of Jalgaon Jamod Taluka Sale Purchase Society, Jalgaon Jamod and appointing the Administrator thereon. On behalf of the respondent No. 2-The Assistant Registrar, Co-operative Societies, Jalgaon Jamod, the submissions are filed on record. 3. Shri Parsodkar, the learned Counsel for the petitioner strenuously submitted that the Society had already started the process of election by preparing the voter list, invited objections and considering the objections, the final list was published on 12-6-1995. While the process was on, on 24th May 1995 a telegram was is...
Gtc Industries Ltd Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-06-1995
Reported in: (1996)(87)ELT275Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. 10/Demand/95, dated 23-2-1995 passed by the Collector of Central Excise, Baroda. The appellants are engaged in the manufacture of machined rolled cigarattes. They were receiving cut tobacco for manufacture of cigarettes. Cut tobacco produced elsewhere was cleared on payment of concessional rate of duty in terms of Notification 356/86 dated 24-6-1986 and was received for use in the manufacture of cigarattes in the appellants' factory under Chapter X procedure of the Central Excise Rules. The appellants, during the period from 22-2-1993 to 28-6-1993 received 6045 kgs. of cut tobacco and 10915 kgs. of cut tobacco under Chapter X procedure, on clearance from the factory of their manufacture on payment of duty at concessional rates in terms of Notfn. No. 356/86. However, on 8-7-1994 the appellants requested for permission for destruction of the above tobacco, by writing a letter to the Collector of Central Excise, Baroda enclosing, the...
B.D.A. Limited Vs. Shaw Wallace Company Ltd.
Court: Mumbai
Decided on: Nov-06-1995
Reported in: 1996(5)BomCR672
B.U. Wahane, J.1. Blood is thick than water is exclaimed universally. No distance breaks the tie of blood; brothers are brothers evermore. Brothers foregoing world of pleasure for younger of same blood seems to have bared in annals of history under the sway and sweep of material commercialization, likewise respect and reverence to elderly and old venerated souls, pitiably faded in thin air. Robert Browning said 'Brother's love exceeds all the world's lives in its unworldliness'.2. But the phenomenon of family feud not infrequently had disastrously decreed the course of history to the detriment of many erstwhile illustrious family.3. Greed of wealth remains arbitrary of destiny of many petty souls, where worldly wisdom is extolled and altruism detested. Milton in 'Paradise Regain' said : 'Money brings honour, friends conquest and realms'.Barnord Shaw said :'The universal regard for money is the one hypothetical fact in our civilization. Money is the most important thing in the world. It...
Fabrica De Lgreja De N.S.De Milagres, Sanguem Vs. Government of Goa, D ...
Court: Mumbai
Decided on: Nov-04-1995
Reported in: 1997(3)ALLMR407; 1998(2)BomCR195
ORDERR.M.S. Khandeparkar, J.1. This appeal arises form the judgement dated 6-7-1994 passed by the learned Single Judge in First Appeal No.104/1989, whereby the said appeal was dismissed, thereby confirming the judgement of the trial Court passed on 13-1-89 in Special Suit No.122/81.2. The case of the appellant is that they are the owners in possession of a plot of land in Survey No.121/0 and the old cadastral Survey No. 209 and situated in the village of Cortali of Sanguem Taluka and which has been registered in the Land Registration Office under No. 26737 and in Taluka Revenue Office under Matriz No. 542. The said property is bounded on all four sides by property 'Patem' belonging to the Sanguem Municipality. The appellant claims that the suit property is in their open, peaceful and public possession and enjoyment for the last more that 50 years. It is their case that there was a cemetery located in the suit property which was demolished50 years ago and a new cemetery was built at som...
Colour Chem Ltd. Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Nov-03-1995
Reported in: (1996)132CTR(Bom)210; [1997]225ITR164(Bom)
Dr. B.P. Saraf, J.1. By this reference under s. 256(1) of the IT Act, 1961 ('Act') made at the instance of the assessee, the Tribunal, Bombay Bench, Bombay has referred the following questions of law to this Court for opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the provisions of s. 144B which were brought into statute on 1st Jan., 1976 were applicable for the asst. yr. 1975-76 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the payment of Rs. 7,11,612 to the foreign parties was not expenditure for the purpose of s. 35B 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the surtax payable by the assessee is not deductible in arriving at the total income 4. Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in holding that extra shift allowance of Rs. 3,66,496 was not allowabl...
Commissioner of Income Tax Vs. Vakharia and Co.
Court: Mumbai
Decided on: Nov-03-1995
Reported in: [1997]224ITR729(Bom)
Dr. B.P. Saraf J. 1. By this reference made under section. 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that income derived by the assessee-firm from brokerage and commission on foreign transactions between scheduled banks and Exchange Control of Reserve Bank of India was taxable as 'professional income' ?' 2. It is stated before us that this case is covered by the ratio of the decision of this court in CIT v. Lallubhai Nagardas and Sons : [1993]204ITR93(Bom) . Following the same, it is answered in the negative and in favour of the Revenue. 3. No order as to costs. ...
Commissioner of Income Tax Vs. Godfray Phillips India Ltd.
Court: Mumbai
Decided on: Nov-03-1995
Reported in: [1997]224ITR727(Bom)
Dr. B.P. Saraf, J. 1. By this reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following questions of law for the opinion of this court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that in computing the disallowable expenditure in respect of the employee-directors the limits under section 40(c) and not those under section 40A(5) are to be considered 2. Whether, on the facts and in the circumstances of the case, the assessee was entitled to the claim that the share issue expenses of Rs. 29,021 was an expenditure under section 37(1) of the Income-tax Act, 1961 ?' 2. It is fairly conceded by counsel for the Revenue that the first question is covered in favour of the assessee by the decision of this court in CIT v. Hico Products Pvt. Ltd. (No. 1) : [1993]201ITR567(Bom) . In view of the above, we answer the first question in the af...
Ashok Chhaganlal Doshi Vs. the High Court of Judicature at Bombay and ...
Court: Mumbai
Decided on: Nov-03-1995
Reported in: 1996(2)BomCR397
D.R. Dhanuka, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned Order of Compulsory Retirement dated 13th September, 1995, passed by the Governor of Maharashtra, copy whereof is Exhibit 'G' to the petitioner. The petitioner was Additional District Judge and a member of Industrial Court at the relevant time. The appropriate authority has passed the impugned order in exercise of the power conferred on it under sub-clause (i) of Clause (a) of sub-rule (4) of Rule 10 of the Maharashtra Civil Services (Pension) Rules, 1982. It was recited in the said order that the petitioner had entered into service before attaining the age of 35 years and the petitioner had attained the age of 53 years on the date of passing of impugned order. It was further recited in the said order that the Government of Maharashtra was of the opinion that it was in public interest to retire the petitioner from service by giving him three months' pay and allowances i...
Sambha S/O Gangaram Pikale Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Nov-03-1995
Reported in: 1996(2)BomCR700
N.P. Chapalgaonker, J.1. The nominations of the three petitioners in these petitions were rejected on the ground that they violate the requirement prescribed under Clause 'E' of Election Rule No. 2 appended to the bye-laws. The requirement is that the candidate, on the date of filing of the nomination, should not be himself defaulter, or should not be a surety to a defaulter-borrower. The fact that the petitioners are sureties for the borrowing members who are defaulters is not in dispute.2 The rejection of the nomination papers by the respondent No. 3 has been challenged firstly on the ground that there is no power with the Co-operative Society-respondent No. 4 to frame such a bye-law since it would be in derogation with the specific provision made by the Maharashtra Co-operative Societies Act, 1960, in section 73-FF and section 73-FFF. It is also contended by the petitioners, that there cannot be a bye-law which could further make restriction on the democratic right of the member to ...
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