Mumbai Court June 1995 Judgments
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Mehtabbi W/O Sk. Sikandar and anr. Vs. Sk. Sikander S/O Sk. Mohd. and ...
Court: Mumbai
Decided on: Jun-06-1995
Reported in: 1995(3)BomCR433; II(1995)DMC499
N.P. Chapalgaonker, J.1. Mehtabbi and her minor daughter aged 5 filed an application under section 125 of the Code of Criminal Procedure, 1973 against her husband Sk. Mohammad. When a notice was served on the respondent, the respondent husband filed a say contending therein that he has divorced applicant Mehtabbi on 23.12.1988 and, therefore, the application is not maintainable in view of the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, Act of 1986).2. In view of say of respondent, learned Magistrate did not feel it necessary to record the evidence and dismissed the application for maintenance vide his Order dated 17.7.1989. Criminal Revision No. 217 of 1990 filed by the petitioner challenging aforesaid order was also dismissed by the learned Additional Sessions Judge, Aurangabad by his Order dated 5.6.1990. This writ petition challenges these orders.3. Though it is true that the powers under section 125 of the Code of Criminal Procedure will h...
George Wills and Sons (India) Ltd. Vs. Assistant Commissioner of Incom ...
Court: Mumbai
Decided on: Jun-06-1995
Reported in: [1995]55ITD252(Mum)
ORDERPer J. K. Verma, AM - Both these appeals involve a common point and hence they are being disposed of by a common order for the sake of convenience.2. The brief facts giving rise to these cross-appeals are that the assessee is a private limited company whose Managing Director is one Shri Nusli N. Wadia. His wife is Mrs. M. N. Wadia. There is nothing on record to show that she is in any way connected with the business of the assessee-company. During the relevant previous year Shri Nusli Wadia went on tour to foreign countries viz. 15 days to Switzerland and USA and for 40 days to UK and USA. Mrs. M. N. Wadia accompanied her husband during these tours. An amount of Rs. 1,01,049 was incurred on the air tickets of Mrs. Wadia. No separate sanction for foreign exchange in the name of Mrs. Wadia was taken but the total foreign exchange drawn in the name of Mr. Nusli N. Wadia was Rs. 1,03,093. The Assessing Officer after considering the facts and circumstances of the case and taking into a...
Deputy Commissioner of Income-tax Vs. Geoservices Eastern Inc.
Court: Mumbai
Decided on: Jun-06-1995
Reported in: [1995]55ITD227(Mum)
ORDERPer M. K. Chaturvedi, JM - This appeal by the revenue is directed against the order of the Commissioner of Income-Tax (Appeals) - XVIII, Bombay and pertains to the assessment year 1986-87.2. Briefly the facts : Assessee is a non-resident company. It was incorporated in the State of Panama. The assessee-company was engaged in the business of providing services for the work of mud and well logging in connection with prospecting for, or extraction of production of, mineral oils. During the relevant assessment year, assessee executed contract for OIL AND NATURAL GAS COMMISSION (ONGC), and CHEVRON OIL COMPANY OF INDIA LTD.The income was offered for taxation on the basis of the following statement of contract revenues :Contract No.US $1. BOP/SP-PDN/SCON-OPS/30/82154,8902. BOP/STR/IMP/GEOL/3/83/B-130551,6623. BOP/SP/SCON-OPS/PTS-WLS-CS/KGC(WB)/83-84505,4184. GO-277 SO6425168,4895. BOP-SP-PDN/SCN-OPS/T-II/85-86101,638 14,82,0973. Audit report reflected the amount of gross receipts during ...
Premlata Vithal Ketkar Vs. Vithal Dhondiram Ketkar and anr.
Court: Mumbai
Decided on: Jun-05-1995
Reported in: (1995)97BOMLR574
M.L. Dudhat, J.1. This second appeal is preferred against the judgment and decree dated 19th of June, 1985 passed by the District and Sessions Judge, Ratnagiri in Civil Appeal No. 133 of 1981 preferred against judgment and decree passed by the Civil Judge Senior Division, Ratnagiri dated 4th of July, 1981 in Marriage Petition No. 313 of 1979. By the aforesaid judgment and decree, the lower Appellate Court allowed the appeal and passed the decree of dissolution of marriage in favour of Respondent No. 1.2. Few facts which are necessary to dispose of this second appeal are as under:Respondent No. 1 - husband in this case filed Marriage Petition No. 313 of 1979 for divorce under Section 13(1) of the Hindu Marriage Act, 1955 against the present Appellate-wife on the ground of adultery. In the aforesaid Marriage petition, petitioner-husband i. e. Respondent No. 1 also made Respondent No. 2 as party opponent, who indulged in adultery. The trial Court by its judgment and decree dated 4th of Ju...
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