Mumbai Court March 1995 Judgments
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Vasant Pandu Alias Pandurang Birwatkar Vs. Shankar Dhondu Ghole and an ...
Court: Mumbai
Decided on: Mar-28-1995
Reported in: 1995(4)BomCR40; (1995)97BOMLR264
M.L. Dudhat, J.1. This second appeal is preferred against the Judgment and decree passed by the District Judge, Ratnagiri, in Civil Appeal No. 122 of 1982 dated 7th December, 1985 whereby the District Judge allowed the appeal preferred by the original defendant No.1-present respondent No.1 and dismissed the suit filed by the original plaintiffs-present appellants.2. The appellants in this case have filed the suit against the respondents being Regular Civil Suit No. 18 of 1980 for redemption of mortgage. The suit property is an agricultural land bearing Survey No. 135, Hissa No. 14 admeasuring about 2 acres and 15 gunthas and Survey No. 141, Hissa No. 12, admeasuring 0-17 gunthas situated at village Ayaini, Taluka Khed, District Ratnagiri. It was contended on behalf of the plaintiffs that on 20th March, 1961 vide Exh. 34 he mortgaged the suit property with defendant No. 1 for a consideration of Rs. 200/-. The plaintiffs further contended that though the said transaction was a mortgage, ...
Divisional Manager, United India Insurance Co. Ltd. Vs. Sahah Bahadur ...
Court: Mumbai
Decided on: Mar-28-1995
Reported in: 1996ACJ558
A.A. Desai, J.1. On 25.6.1988 near Mouda, respondent No. 1, Sahah Bahadur, driver of a truck owned by respondent No. 2, met with an accident. Consequently, he suffered disability which is assessed to the extent of 60 per cent. The Tribunal in a claim petition awarded compensation of Rs. 99,720/-. The Tribunal further awarded penalty to the extent of 50 per cent and interest at the rate of 6 per cent. The insurance company, therefore, came in appeal.2. According to Mr. V.L. Somalwar, the insurance company is not liable to pay the amount of penalty and interest which was owing to the default of the employer. In support, he placed reliance on a decision in Gautam Transport v. Jiluben Huseinbhai 1989 ACJ 587 (Gujarat).3. Mr. S.K. Masjid, the learned counsel appearing for respondent No. 1, injured, tried to support the order. He placed reliance on a decision in Khirod Nayak v. Commissioner for Workmen's Compensation and contended that even the amount of penalty and interest is liable to be ...
Asaram Dadarao Giram Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-27-1995
Reported in: 1995(2)ALT(Cri)21; 1995(3)BomCR486; (1995)97BOMLR298
A.D. Mane, J.1. The petitioner met with an accident on May 21, 1988. On the next day - May 22, 1988, a police constable attached to City Police Station, Beed, recorded the statement of the petitioner in the hospital. On the basis of the said statement, crime came to be registered at C.R. No. 161 of 1988 for offences under sections 279 & 377 of Indian Penal Code. That crime was entrusted to police head constable B. No. 473 for investigation. It appears that charge-sheet could not be filed till October 22, 1988.2. On June 13, 1988 the petitioner was discharged from the hospital. He came to know that the police did not investigate the matter and, therefore, he on his own filed his private complaint before the Judicial Magistrate, First Class, Beed on November 11, 1988. The Magistrate called for report of the police under section 202, Code of Criminal Procedure and on receipt of the report issued process as against respondent No. 3-Tukaram Kale on May 6, 1989. In the meanwhile, police also...
AmiruddIn Son of Hasan Nurani Vs. Mukhtar Jafar by His Legal Represent ...
Court: Mumbai
Decided on: Mar-27-1995
Reported in: 1995(4)BomCR439
A.A. Desai, J.1. The trial Court in a suit under section 8 of the Madhya Pradesh Public Trusts Act (the Act), instituted by the respondents, held that by Settlement Deed (Exh. 554) (the deed), a Public Trust has been created for Atba-e-Malak Jamat (the Jamat). However, the respondents not being members of the Jamat, have no locus to institute the proceedings. The trial Court therefore, by order dated 30-9-1986, dismissed the suit. In first appeal, the learned Judge maintained the order as regards creation of the trust. However, by reversing the finding, he held that the respondents/plaintiffs were the members of the Jamat and, therefore, they had locus to file the suit. The appellate Court, therefore, by order dated 1-2-1992, decreed the suit claim to set aside negative entry dated 27-3-1967 and directed registration of Public Trust. Hence, this second appeal by the original defendants. The case has a chequered history. However, some of the undisputed facts relevant for appeal are thus...
The Custodian Vs. East West Travel and Trade Links Ltd.
Court: Mumbai
Decided on: Mar-27-1995
Reported in: 1995(4)BomCR194
S.N. Variava, J.1. This is a petition by the custodian for recovery of amounts from the 1st respondent.2. The 2nd respondent is a notified party. It is admitted that between the 1st respondent and the 2nd respondent there are three Lease Agreements. Under these Lease Agreements certain lease rentals have to be paid by 1st respondent to the 2nd respondent. It is admitted that towards these rentals the 1st respondent has paid a sum of Rs. 13,01,083.53p. It is admitted that arrears of lease rentals, if any, are to be paid with compound interest. It is admitted that under the Lease Agreements there is now due and payable by the 1st respondent to the 2nd respondent a sum of Rs. 55,36,903.13p. On this aspect there is no dispute between the parties.3. The 2nd respondent had also granted to the 1st respondent a Bridge Loan in a sum of Rs. 5 crores. The amounts were disbursed as follows :---a) On 22nd February, 1992 a sum of Rs. 50,00,000/- b) On 13th April, 1992 a sum of Rs. 2,00,00,000/-. c) ...
First Income-tax Officer Vs. South India Corpn. (A) Ltd.
Court: Mumbai
Decided on: Mar-25-1995
Reported in: [1995]55ITD1(Mum)
ORDERPer Shri V. Dongzathang (Accountant Member) - These appeals of the Revenue are directed against the orders of the CIT (A). Since common issues are involved. they are consolidated and heard together and disposed of by a common order for the sake of convenience.2. The assessees are non-resident shipping companies assessed by the ITO in the status of tramp ships under section 172(4) of the Income-tax Act, 1961. In the original assessment, the ITO adopted the rate of exchange per U.S. dollar on the basis of the telegraphic transfer as certified by the local branch of the State Bank of India. Subsequently, the ITO received a circular from the Board which indicated a different rate of exchange. On the basis of this information, the ITO re-opened the assessment of the assessees under section 147(b) of the I.T. Act. Rejecting the explanation offered, the ITO completed the re-assessment proceedings on the basis of the correct rate of exchange intimated by the Central Board of Direct Taxes,...
Ramparshad Mehra Family Trust Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-24-1995
Reported in: (1995)53ITD425(Mum.)
1. This appeal arises from the order dated 13-9-1989 passed by the CIT(A)-IX, Bombay (R.K. Bali) and the ground is raised against rejection of the claim for deduction on account of deposit in Investment Deposit Account under Section 32AB.2. The assessee carries on the business as proprietor of a concern as also it is a partner in a registered partnership firm. The assessee is regularly assessed to tax. From the proprietary manufacturing business admittedly there is a loss. However, from the firm the assessee received share of profits which is the larger in amount than the amount of loss in proprietary concern. Therefore, the resultant income is positive. The assessee made deposit under Section 32AB and claimed deduction. This was rejected by the tax authorities on the basis that there is no positive income under the head 'Business of proprietary concern'. The share of profit from the firm could not be considered for the purpose of claim. The fact that the firm had not claimed any dedu...
Associate Research Director, Regional Fruit Research Station and anr. ...
Court: Mumbai
Decided on: Mar-24-1995
Reported in: (1997)IIILLJ734Bom
1. This writ petition under Article 227 of the Constitution of India impugns an order dated June 13, 1989, made in Complaint (ULP) No. 127 of 1987 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The First Petitioner is the Director of Regional Fruit Research Station. Konkan Krishi Vidyapeeth, an University constituted under the Maharashtra Agricultural Universities Act. The Second Petitioner is the Registrar of the said Vidyapeeth. The First Respondent is an un-recognised Union which claims to represent some of the workmen employed by the Petitioners. 3. The First Respondent filed a complaint under Items 6 and 10 of Schedule IV of the Act alleging that a large number, about 90, daily rated Mazdoors working in the establishment of the Petitioners were not made permanent in service although they had been working for years together as daily rated Mazdoors. It was alleged in t...
Manager, Vidarbha Tobacco Product (P) Ltd. Vs. Fulwantabai Ishwardas M ...
Court: Mumbai
Decided on: Mar-24-1995
Reported in: 1995(4)BomCR565; (1996)ILLJ101Bom
R.M. Lodha, J.1. Constitutional validity of Section 31(2)(a) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and Rule 31(1) of the Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968 amended vide Maharashtra Beedi and Cigar Workers (Conditions of Employment) Amendment Rules, 1977 are the principal common questions involved in this group of six writ petitions and therefore, all these writ petitions have been heard together and are disposed of by this common judgment. 2. To appreciate the contentions raised in these writ petitions challenging the constitutional validity of the aforesaid provisions, facts of writ petition No. 15 of 1989, which are in narrow compass, may be adverted to firsts. Smt. Fulwantabai w/o. Ishwardas Meshram (for short, the 'worker') in the said writ petition filed an appeal under Section 31(2) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (for short, the 'Beedi Workers Act, 1966') before the Assistan...
Vincent George Symonds Vs. Bharat Petroleum Corporation Ltd. and anr.
Court: Mumbai
Decided on: Mar-24-1995
Reported in: (1995)97BOMLR354; (1996)IILLJ82Bom
B.N. Srikrishna, J.1. This writ petition under Articles 226 and 227 of the Constitution of India challenges an Award of the Industrial Tribunal, Bombay, dated September 25, 1986, made in Reference (IT) No. 216 of 1983 under the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')2. The Petitioner joined the erstwhile Burmah-Shell Company, on August 13, 1947 as a fitter and worked as such upto December 31, 1982. He was doing the job of maintenance in Burmah-Shell Co, in the areas from Dadar to Sion, in Greater Bombay. The erstwhile Burmah-Shell Company was taken over by Bharat Refineries Limited and its name was changed to Bharat Petroleum Corporation Limited and the Petitioner continued in service as an employee of First Respondent. On the basis of the records maintained, the First Respondent retired the Petitioner from service on December, 31, 1982 on the ground that he had attained 58 years of age, which was the age of superannuation. Some time in March ...
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