Mumbai Court March 1995 Judgments
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Rama Son of Mukharu Wakhare Vs. Kashinath Antaram Gahane and ors.
Court: Mumbai
Decided on: Mar-06-1995
Reported in: 1996(2)BomCR463
R.M. Lodha, J.1. By this petition, the petitioner is seeking to challenge the legality and correctness of judgement passed by Civil Judge, Jr. Dn. Sakoli on 14-12-1993, whereby the said Court has allowed election petition filed by respondent Nos. 2 and 3 herein and has declared the election of the petitioner from reserved seat of Ward No. 1 of village Nilaj illegal and set aside his election.2. Shorn of unnecessary details, the brief facts giving rise to the present controversy are that gram panchayat election for village Nilaj, Ward No. 1, which was a reserved seat for Scheduled Tribe, was notified and the last date for filing nomination was 6-10-1992. On 15-10-1992, the nominations were scrutinised and the present respondents 1 and 2 raised objections about the nominations filed by the petitioner on the ground that he was not Scheduled Tribe. It may be stated here that the objection was over-ruled by the Returning Officer and a writ petition was filed by the respondents 1 and 2 (for ...
Chawla Architects and Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-05-1995
Reported in: (1995)54ITD330(Mum.)
1. This appeal by the assessee arises out of the order dated 30-9-1994 of the Commissioner of Income-tax (Appeals) for the assessment year 1990-91.2. The main ground of appeal relates to disallowance of depreciation of Rs. 10,07,016 in respect of gas cylinders.3. The assessee is a company mainly engaged in the profession of Architects and Consultants. From the previous year relevant to the assessment year 1982-83, the assessee claimed to have started a leasing business. The leasing activity is in connection with gas cylinders. The assessee claimed 100 per cent depreciation on gas cylinders. It has been the case of the assessee that all along the department has allowed the depreciation on gas cylinders except in the assessment year under appeal. In the year under appeal, the Assessing Officer found both from the past records and subsequent records that the assessee had purchased and sold gas cylinders. From this, it was concluded that the gas cylinders are nothing but the stock-in-trad...
Vora-food Specialities (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-05-1995
Reported in: (1995)54ITD324(Mum.)
1. The only issue which has been raised in this appeal is whether assessee is entitled to investment allowance in respect of machineries installed for the purpose of preparing potato chips out of the potato.2. The brief facts of the case are that the assessee claimed investment allowance in respect of plant and machinery installed and used for the purpose of manufacturing potato chips and tortilla chips. In the course of assessment proceedings, the Assessing Officer disallowed the claim of the assessee on the ground that the process involved did not amount to manufacture as it was merely preparing the food preparations. In support of his conclusion, he relied on the decision of the Kerala High Court in the case of CIT v. Casino P. Ltd [1973] 91 ITR 289. This order of the Assessing Officer has been confirmed by the CIT(A). Aggrieved by this order, assessee is in appeal before us.3. Mr. J.D. Mistry, the learned counsel for the assessee, drew our attention to various processes involved i...
Chawla Architects and Consultants Pvt. Ltd. Vs. Assistant Commissioner ...
Court: Mumbai
Decided on: Mar-05-1995
Reported in: (1996)56TTJ(Mumbai)590
ORDERG. E. VEERABHADRAPPA, A. M. :This appeal by the assessee arises out of the order dt. 30th Sept., 1994, of the CIT(A) for the asst. yr. 1990-91.2. The main ground of appeal relates to disallowance of depreciation of Rs. 10,07,016 in respect of gas cylinders.3. The assessee is a company mainly engaged in the profession of architects and consultants. From the previous year relevant to the asst. yr. 1982-83, the assessee claimed to have started a leasing business. The leasing activity is in connection with gas cylinders. The assessee claimed 100% depreciation on gas cylinders. It has been the case of the assessee that all along the Department has allowed the depreciation on gas cylinders except in the assessment year under appeal. In the year under appeal, the AO found both from the past records and subsequent records that the assessee had purchased and sold gas cylinders. From this, it was concluded that the gas cylinders are nothing but the stock-in-trade of the assessee and, theref...
Shri Daud Mohamad Aga and Others Vs. State
Court: Mumbai
Decided on: Mar-03-1995
Reported in: 1995CriLJ2947; I(1996)DMC306
ORDER1. The State has instituted prosecution in Criminal Case No. 79/93/C on the file of Judicial Magistrate, F. C., Panaji, against the petitioners at the instance of one Mrs. Farhad Jahan. On the basis of the complaint and on examination of some witnesses, the learned Magistrate has framed charge against the petitioners under Section 498A read with Sections 34 and 100 of Indian Penal Code. 2. The accused in the Criminal Case challenging the order dated 13-1-1994 of the learned Magistrate who framed the charge against them came up with this Revision Application. 3. The peculiar facts in this case are that Mrs. Farhad Jahan who is the de facto complainant is the wife of the eighth accused. The accused No. 3 is the husband of Zabina who is the sister of the de facto complainant and accused No. 2 is the sister-in-law. All the remaining accused are in-laws of the de facto complainant. The de facto complainant had filed a complaint before the Panaji town Police on 22-10-1992 based on which...
Balwant Dinkar Kadam Vs. Mcgay Industries and ors.
Court: Mumbai
Decided on: Mar-03-1995
Reported in: [1995(70)FLR1064]
1. This writ petition under Articles 226 and 227 of the Constitution of India impugns an order of the Second Labour Court, Pune dated 6.5.1988 made in Application (IDA) No. 105 of 1987 under the provisions of section 33C(2) of the industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner moved the Labour Court under Section 33C(2) of the Act claiming a sum of Rs. 34,264.80 from the first respondent. It was the petitioner's case in his application before the Labour Court that he was employed in the first respondent's employment from September 1976 as a Pantograph Operator on permanent basis and that his services were abruptly terminated on 30.10.1986 without payment of notice pay or compensation. He also alleged that he had been paid his monthly wages from June 1985 onwards. The petitioner claimed a sum of Rs. 22,100/- (Rupees Twenty Two Thousand Hundred only) for the period 1st June 1985 to 31st January, 1986 as earned wages at the rate of Rs. 1300/- per m...
Chandrakant Raoji Gaonkar Vs. Bombay Port Trust and ors.
Court: Mumbai
Decided on: Mar-03-1995
Reported in: (1996)IIILLJ558Bom
S.H. Kapadia, J.1. By this writ petition, petitioner seeks to challenge orders dated 4.2.1991 and 9.6.1992 passed by the Bombay Port Trust Authorities by which the services of the petitioner stood terminated. By this writ petition, petitioner is also seeking reinstatement with continuity of service and full back wages together will all consequential benefits. 2. The facts giving rise to this petition, briefly, are as follows. On 19.1.1974, the petitioner joined B. P. T. as a Mazdoor. On 20.9.1987, petitioner was suspended pending criminal prosecution. On 20.9.1987, he was a Labour Supervisor (Mukadam) in B. P. T. He was charged for theft in the prosecution. Three criminal prosecutions were, in fact, launched inter alia against the petitioner and others. The impugned charge in the criminal proceedings against the petitioner was the common intention to commit theft of Erythromycin Estolate Powder by dishonestly removing the same from the drums which were kept in Shed No. IV, Timber Pond,...
Samadhan Baburao Khakare and ors. Vs. the State of Maharashtra and ors ...
Court: Mumbai
Decided on: Mar-03-1995
Reported in: 1996(1)BomCR1; (1995)97BOMLR759
B.U. Wahane, J.1. The appellants Samadhan Baburao Khakare, and Govinda Jagadeo Gaikwad (original accused Nos. 1 and 12 respectively) challenged their conviction and sentence passed by the Addl. Sessions Judge, Buldhana vide Judgment and order dated 28th January, 1992, for the offence punishable under section 324 read with 34 of Indian Penal Code, for causing injuries to Dharma Sitaram Dode (P.W. 12) and Tukaram Totaram, sentencing both the appellants to suffer R.I. for one year and to pay a fine of Rs. 200/- each i/d to suffer further R.I. for 7 days.2. Ukharda s/o Chandrabhan Dobe - the complainant being aggrieved by the Judgment and order of acquittal of the appellants/accused as also other accused in other offences and for enhancement of sentence of the appellants/accused, preferred the Revision Application No. 61 of 1992.3. The instant Criminal Appeal and the Revision Application being arising out of the common Judgment, both are decided by the common Judgment.4. Shri Mardikar, the...
Bandu S/O Kawadu Thakre Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Mar-02-1995
Reported in: 1996CriLJ285
1. This criminal appeal preferred by the appellant-Bandu Kawadu Thakre, is directed against the judgment and order passed by 3rd Addl. Sessions Judge, Wardha, on 25th May, 1990, convicting appellant/accused for the offence punishable under Section 376 of I.P.C. and sentencing him to suffer rigorous imprisonment for the period of 5 years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for nine months. It has been further directed that in case of recovery of fine amount from the accused, an amount of Rs. 4,000/-be paid to the complainant as compensation.2. On the private complaint presented by the complainant Ku. Shashikala d/o Shankar Zade (P.W. 1), for the offence punishable under Sections 376 and 417 of I.P.C., the Judicial Magistrate, First Class, Wardha, took the cognizance and the case being exclusively triable by the Sessions Court, the same was committed to the Sessions Court for trial. The case was registered as Sessions Trial Number 103(A)/87.3. The...
Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Mar-02-1995
Reported in: I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312
A.D. Mane, J.1. The petitioner is a driver serving in Army and at the relevant time was posted at 84 Armed Regiment of Electronics Regiment attached with Technical Wing Armoured Corps Centre and School, Ahmednagar. The petitioner was enrolled in army in December, 1981. On October 28, 1984, while he was on duty as a driver driving military vehicle of 1 ton Nissan BA No. 83-C-35460-A of Technical Wing from headquarters towards D.R. Lines on Rajendra Singhji Road, an accident took place. It was alleged that at the traffic island near Camp Post Office, a civil jeep having registration No. MHA 2926 coming from right on J.N. Chaudhary Road dashed against the military vehicle. As a result of said collusion, the civilian jeep took 1800 turn fell on its left side. The left front mud-guard and superstructure of the jeep were damaged. The right side bumper of the 1 ton truck was bent inwards after an impact around the centre of the bumper. There were 7 passengers in the civilian jeep including th...
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