Mumbai Court October 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gem and Jewellery Export Promotion Vs. Sixth Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-03-1997
Reported in: (1999)68ITD95(Mum.)
1. The appeal of the assessee, for assessment year 1985-86, is directed against the order dated 10-1-1989 of Commissioner of Income-tax (Appeals)-XIII, Mumbai. Rival contentions have been heard and records perused.2. The relevant facts briefly stated are that the assessee is a company recognised as a charitable institution for the purposes of sections 11 and 12 of Income-tax Act, 1961. For assessment year 1985-86, for which the previous year ended on 31st of March 1985, the assessee had filed the return of income on 07-10-1985, disclosing deficit of Rs. 4,22,490.On 14-08-1986, the assessee filed a revised return, disclosing a deficit of Rs. 3,16,340. The Assessing Officer completed the assessment by computing the taxable surplus at Rs. 10,96,370. The assessee appealed to the CIT(A), but without any success. Therefore, the present appeal. "1. The income of the Council be considered as fully exempt on the ground of mutuality, on the ground that the surplus accruing as a result of mutual...
State of Maharashtra Vs. Munna Abdul Salam Shaikh
Court: Mumbai
Decided on: Oct-03-1997
Reported in: 1998(5)BomCR730; 1998(1)MhLj866
ORDERVishnu Sahai, J. 1. The respondent Munna Abdul Salam Shaikh was tried by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 542 of 1990 for an offence punishable under section 302, Indian Penal Code. The learned Judge acquitted him on the said count but found him guilty instead under section 304-A, Indian Penal Code and sentenced him to undergo R.I. for 2 years.Criminal Appeal No. 587 of 1993 has also been preferred by the State of Maharashtra challenging the acquittal of the respondent for the offence under section 302, Indian Penal Code.Criminal Appeal No. 588 of 1993 has also been preferred by the State of Maharashtra but with a prayer that the sentence of the respondent for the offence under section 304-A, Indian Penal Code, be enhanced.2. In short the prosecution case runs as follows :The informant Sandro Anthony Sequeira, P.W. 1 was a friend of the deceased Said Mozam. He also knew the respondent.On 8-4-1990 at about 9.00 p.m. Sandro Sequeira left house and ...
Sou. Sushma @ Sulochana Vs. Kanumalla
Court: Mumbai
Decided on: Oct-03-1997
Reported in: I(1998)DMC564
J.N. Patel, J.1. This C.R.A. is filed challenging the order passed by the Joint Civil Judge, Sr. Dn., Nagpur under which the applicant-wife was granted maintenance only @ Rs. 500/- p.m. from the date of filing of the application under Section 24 of the Hindu Marriage Act, 1955, instead of Rs. 6,000/- p.m. as claimed. It is submitted by the learned Counsel appearing for the applicant-wife that the application filed by the applicant-wife for maintenance was on affidavit supported by documents to which the non-applicant husband failed to file any reply and though it was prayed by the applicant-wife to grant her Rs. 6,000/- per month as maintenance from March, 1995, the Court granted a meagre amount of Rs. 500/- p.m. It was the case of the applicant-wife that the non-applicant/husband is a lecturer in Vishwa-Vyapi College Vulture and earning an amount of Rs. 5.000/- p.m. In addition to this he is also working as a reporter of Vasavi Advertising Agency and earning approximately a sum of Rs....
Blue Star Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-01-1997
Reported in: (1998)(100)ELT288Tri(Mum.)bai
1. The appellants imported a consignment of copper tubes for which a B/E for clearance was filed in January, 1992 in the Mumbai Customs House. After the goods were assessed on the B/E and at the time of clearance of the goods, examination prior to clearance showed that there was an excess packed in second case having 180 tubes with total length of 2340 ft. having assessable value of Rs. 67,048/- and duty element of Rs. 1,28,230/-. This quantity was totally undeclared and not mentioned in the invoice and B/L also. Proceedings were initiated against the appellants which culminated in the impugned order captioned above by which the Addl. Commissioner of Customs ordered confiscation of the goods found in excess levying a fine in lieu of confiscation of Rs. 30,000/- and imposing of penalty of Rs. 35,000/-. The present appeal is against this order.2. None is present for the appellants who have asked for adjournment without giving any reason at all. Therefore, the matter being proceeded with...
Bahujan Samaj Prabodhan Shikshan Sanstha Vs. the State of Maharashtra ...
Court: Mumbai
Decided on: Oct-01-1997
Reported in: 1998(3)ALLMR768; 1998(2)BomCR474
ORDERR.G. Deshpande, J. 1. The petitioner - Bahujan Samaj Prabodhan Shikshan Sanstha, Kotul, has filed this Contempt Petition, alleging that the respondents have not complied with the directions given by the Supreme Court of India in Special Leave Petition No. 12470/1991, vide order dated 6-9-1991 and also the order passed in C.A. No. 4699/1991 dated 25th November, 1991, arising out of the Special Leave Petition No. 12470/1991 whereby, the Apex Court had maintained its earlier order dated 6-9-1991, which reads as under :--- 'The derecognition of the petitioner's institution shall remain stayed until further order. We make ii clear that the petitioner's institution shall enjoy all the privileges available to a recognised institution during the pendency of this case.'2. It is the case of the present petitioner in this Contempt Petition that inspite of there being specific directions of the Apex Court by the said two orders, the respondents have not complied with the same and inspite of v...
Sakharam S/O Dagadu Jagtap Vs. Tukaram S/O Rambhau Raikar and Others
Court: Mumbai
Decided on: Oct-01-1997
Reported in: 1998(1)ALLMR1; 1998(2)BomCR588
ORDERS.S. Dani, J.1. Loni Vyanknath is a Constituency of Shrigonda Taluka Panchayat Samiti, District Ahmednagar. An election of this constituency took place on 2-3-97. The petitioner, respondent No. 1 and respondents No. 5 to 8 were the contesting candidates. The counting was done on 3-3-1997 by about 7 p.m. and the Returning Officer respondent No. 3 declared the present petitioner as elected by 23 votes. The present respondent No. 1 had applied for recounting of the votes but, it came to be rejected by the respondent No. 3. The present respondent No. 1 then approached the District Court, Ahmednagar and filed Election Petition No. 1 of 1997 challenging the election of the present petitioner. During the pendency of the election petition, the respondent No. 1 filed an application (Exh. 16) for calling the used Voters' list and other election record on 14-3-1997 which came to be granted by order of the District Court on 29-3-1997. The petitioner then took up the matter to this Court in Wr...
Division Controller M.S.R.T.C., Bhandara Vs. Gulab Tanbaji Bhandarkar
Court: Mumbai
Decided on: Oct-01-1997
Reported in: 1998(3)ALLMR1; 1998(4)BomCR537; 1998(1)MhLj818
ORDERF.I. Rebello, J. 1. On 22nd October, 1983 the bus driven by the respondent met with an accident with Jeep bearing No. M.T.S. 245. The said incident unfortunately resulted in the death of five persons travelling in the jeep and some passengers in the bus also sustained injuries. A charge-sheet was served on the respondent. The Enquiry Officer gave his report and held that the misconduct alleged against the respondent was proved. By order dated 11th September, 1987 the Disciplinary Authority on a consideration of the enquiry papers and past service record dismissed the respondent from service of the petitioner. The internal appeals provided for in the conditions of service were pursued by the respondent. The appeals however were rejected.2. The respondent, thereafter filed a complaint before the Labour Court, Bhandara dated 31st May, 1995. The Labour Court, Bhandara set aside the dismissal and ordered reinstatement with continuity of service. The Labour Court, however, declined to a...
The Divisional Controller Mah. State Road Transport Corporation Vs. Sy ...
Court: Mumbai
Decided on: Oct-01-1997
Reported in: (1999)101BOMLR820
F.I. Rebello, J.1. Rule was issued in this matter on 2nd March 1996. Thereafter Civil Application came to be filed invoking the provisions of Section 17-B of the Industrial Disputes Act, 1947 during pendency of the petition. Similar applications were also pending In respect of other Petitioners. These applications on the applicability of Section 17-B are being disposed off by this Judgment apart from the merits of the matter. Counsels who had moved applications under Section 17-B in other petitions as also the members of the Bar who were interested in assisting the Court as to the applicability of Section 17-B in proceedings initiated under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (in short MRTU and PULP Act were heard).2. The issue apart from merits which is being answered is 'Whether in a writ petition filed by an employer in respect of an order or reinstatement passed by Authorities, under the MRTU and PULP Act and which is pending, c...