Mumbai Court February 1999 Judgments
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Sheela Rodrigues and Anr. Vs. Lourencinha Ana D'Cruz Rodrigues Fernand ...
Court: Mumbai
Decided on: Feb-19-1999
Reported in: AIR2000Bom97; 1999(4)ALLMR402
ORDERR.M.S. Khandeparkar, J. 1. The point which arises for consideration in this revision application is whether the appeal against an order in inventory proceedings wherein the valuation of the assets disclosed by the applicant 'inveterate' exceeded Rs. 25,000/- prior to 18th August 1998 and exceeds Rs. l,00,000/- since 18th August, 1998 would lie to the High Court or to the District Court. 2. The lower appellate Court by the impugned order dated 11-8-98 passed in Misc. Civil Application No. 28/98 placing reliance on the judgment of the single Judge in the matter of Zacarias Duarte Domingos Pereira v. Camilo Inacio Evaristo Pereira, : AIR1984Bom295 and referring to the Section 22 of the Goa, Daman and Diu Civil Courts Act 1965 (hereinafter called as 'Civil Courts Act') has held that the appeal against order dated 23-3-98 of the trial Court in the instant case, irrespective of being valued at Rs. 30,000/- by the petitioner, i.e. inveterate in inventory proceedings No. 15/1993, was main...
Commissioner of Customs Vs. Mukund Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-18-1999
Reported in: (1999)LC251Tri(Mum.)bai
1. M/s. Mukund Ltd. imported in July, 1993 a consignment of 20 metric tonnes of manganese of 99.7% purity. The invoice for the consignment, and the Bill of Entry filed for its clearance indicated the value to be US $ 1,225 per metric tonne cif. The department had noticed import of the identical commodity by M/s. Duggar Fibre Pvt. Ltd. at US $ 1,355 per metric tonne as shown in the invoice dated 30th April, 1993 of the supplier China Industrial Resources Limited. The prices in the Bulletin of the London Metal Exchange (LME for short) also indicated that value for manganese of such purities were between US $ 1,370 to 1,420. On this basis, proceedings were commenced proposing to enhance the value by US $ 130 per metric tonne. The Assistant Collector confirmed this proposal. On appeal from this order, the Collector (Appeals) said that the department was wrong in applying the prices in the April invoice, as it was not a contemporaneous import. He said that the LME prices were not a final d...
Rekha Deepak Malhotra Vs. Deepak Jagmohan Malhotra
Court: Mumbai
Decided on: Feb-18-1999
Reported in: AIR1999Bom291; 1999(2)ALLMR601; 1999(2)BomCR656; (1999)2BOMLR209; II(1999)DMC453; 1999(2)MhLj942
ORDERS.S. Nijjar, J.1. This suit has been filed by the plaintiff under section 18 of the Hindu Adoptions and Maintenance Act, 1956. She claims maintenance in the sum of Rs. 25,000/- per month. She also claims a sum of Rs. 75 lakhs to enable her to acquire on ownership basis a residential flat in or around the vicinity of the plaintiff's home at Worli.2. Notice of Motion has been taken out for ad-interim and interim maintenance. At the ad-interim stage on 7th July, 1997, it was stated that the wife is earning an amount of Rs. 12,000/- per month. The defendant's income was alleged to be around Rs. 2 lakhs per month. Taking into account the above fact this Court directed the husband to pay a sum of Rs. 7,500/-per month from July, 1997. This amount has been regularly paid.3. Briefly stated, it is the case of the plaintiff that the marriage was solemnised on 24th June, 1988, according to Arya Samaj Rites in Mumbai. The defendant is stated to be a professional artist and at present works as ...
Shri Sopanrao Rama Kaspate Vs. Shri Namdeo Rama Kaspate Since Deceased ...
Court: Mumbai
Decided on: Feb-18-1999
Reported in: 1999(3)BomCR153; (1999)2BOMLR41; 1999(2)MhLj314
ORDERT.K. Chandrashekhara Das, J.1. Facts arise in these writ petitions are common and legal questions posed in the factual context are also similar.Therefore, these two writ petitions are heard together and disposed of together by this common judgment. For the purpose of this judgment, I refer to the records and exhibits in the Writ Petition No. 1652 of 1990.2. The lands comprising Survey No. 185 in Wakad Village, Tal. Mulshi, admeasuring 13 acres and 32 gunthas and another land comprising Survey No. 264/6, admeasuring 1 acre and 18 gunthas form the subject matter of these writ petitions. The original landlord of these pieces of land was one Ganesh Krishan Kate. After his death in 1924, his wife Saraswatibai succeeds him and mutation of the Revenue Record has been made in her favour. The petitioner, in Writ Petition No. 1652/1990, Sopanrao/Sopana and respondent Namdeo, brother of the petitioner claimed the tenancy right, against the said property. Namdeo died during the pendency of th...
Petroleum Employees Union and Others Vs. Bharat Petroleum Corporation ...
Court: Mumbai
Decided on: Feb-18-1999
Reported in: 1999(3)ALLMR140; 1999(4)BomCR267; (1999)IILLJ389Bom; 1999(2)MhLj926
ORDERN.J. Pandya, J. 1. The union is agitating the point as to the number of working hours in connection with 65 workers who are working as 'Retail Outlet Technicians'. Originally their nomenclature were Retail Outlet Fitters. The total strength referred to above as 65 may be little less or more. In order to understand the controversy between the parties, the peculiar nature of their working is required to be noted here. They are employees of the respondent No. 1 company in its Marketing Division. Respondent No. 1 company is dealing with petroleum products and is also a successor of erstwhile Burmah Shell, a foreign company. It has inherited along with the assets of the said company, certain work force which also includes the Retail Outlet Fitters as originally employed by the said foreign company. 2. The work of these workmen, hereinafter referred to as ROT is to attend to the need of the retail outlet dealers known as petrol pumps. The petrol pumps are having underground tanks from w...
Mercantile Bank Ltd. Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Feb-18-1999
Reported in: [2001]252ITR225(Bom)
1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following questions of law for the opinion of this court at the instance of the Department.Department's questions :'1. Whether, on the facts and in the circumstances of the case, the expenditure incurred on the repairs and maintenance of the premises given rent-free to the employee cannot be considered as perquisite for the purpose of Section 40A(5) ? 2. Whether, on the facts and in the circumstances of the case, the assessee is not liable to be taxed in respect of the amount credited to the interest suspense account representing interest on sticky loans and advances and which is not taken to the profit and loss account for the relevant accounting year ? 5. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the restriction of deduction of expenses at 5 per cent, laid down in Section 44C of the Act was not applicable in respect of th...
Banque Nationale De Paris Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-18-1999
Reported in: (1999)154CTR(Bom)574; [1999]237ITR518(Bom)
S.H. Kapadia, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following questions of law for the opinion of this court at the instance of the assessee as well as at the instance of the Revenue :At the instance of the assessee : '1. Whether, on the facts and in the circumstances of the case, discount on treasury bills is assessable as income from business and not as 'interest on securities' consequently it is necessary to apportion the expenses by way of salaries and perquisites for purposes of Section 40A(5) of the Act ?2. Whether, on the facts and in the circumstances of the case the Tribunal was right in law in holding that the expenses incurred on the repairs and maintenance of the flats owned by and/or taken on lease by the company ought to be considered as perquisites for the purposes of computing the disallowance under Section 40A(5) of the Act ?' At the instance of the Revenue ; '3. Whether, on the facts...
Chiranjilal Gupta (Late) Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-17-1999
Reported in: (1999)(108)ELT289Tri(Mum.)bai
1. Appeal taken up for disposal with the consent of both the sides after waiving deposit.2. The appeal is against penalty of Rs. 1 lakh imposed on Chiranjilal Gupta under Rule 209A in his capacity as partner of VIP Enterprises.The appeal has been filed by his son Vishnu Gupta. It is the contention of the Advocate for the appellant that Chiranjilal Gupta died on 18th February, 1984 whereas the penalty has been imposed on him in connection with acts, which took place in between 1992 and 1994. The matter was adjourned last time because there was a reference to the statement of Chiranjilal Gupta in the notic to show cause. The verification of the department's records shows that no such statement was recorded. The Departmental Representative says that it may be typographical error that notice refers to involvement of Chiranjilal Gupta. What was intended to be referred was involvement of his son Vishnu Gupta. He says that this error has been carried forward to the adjudication order in whic...
Baburao Anant Dhage and Others Vs. Jagannath Gopala Karale
Court: Mumbai
Decided on: Feb-17-1999
Reported in: 1999(3)ALLMR414; 2000(1)BomCR303; (2000)2BOMLR919
ORDERS.B. MHASE, J. 1. This Civil Revision Application is directed against the Judgment and order, passed by the learned Civil Judge, Junior Division, Rahuri,dated 18th April 1984, below Exhibit 1 in Regular Civil Suit No. 116 of 1981; and the order of dismissal of Regular Civil Appeal No. 165 of 1984, preferred against the said Judgment and order, decided on 14th March 1989 by the learned Second Additional District Judge, Ahmednagar. 2. The short question which is involved in the present Civil Revision Application is, as to whether the orders passed by both the Subordinate Courts, refusing to entertain the suit filed by the Petitioners, under O. VII, R. 11(d), C.P.C. that is, where the suit appears from the statement in the plaint to be barred by any law- are proper and legal. The objection raised to the suit filed by the plaintiffs is based on section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'The Tenancy Act'), which is as follows: 85. Bar...
Pramila Madhav Damle and Others Vs. Shri Waman R. Koparde
Court: Mumbai
Decided on: Feb-17-1999
Reported in: 1999(2)ALLMR334; 1999(2)BomCR371; 1999(1)MhLj830
ORDERT.K. Chandrashekhara Das, J.1. The petitioner is a tenant. A suit bearing No. R.A.E. Suit No. 5467 of 1969, was filed against him by the respondent landlord for eviction on three grounds namely bona fide requirement, alternative accommodation and sub-letting. It appears from the records that the last ground of sub-letting has been given up at the time of hearing by the trial Court. On examining the materials and evidence adduced before the trial Court, the suit of the respondent was dismissed. The respondent filed appeal against the trial Court's order being Appeal No. 226 of 1981. The Appellate Court set aside the trial Court's order and the ground of alternative accommodation was found in favour of the landlord respondent and decree of eviction was passed against the petitioner by judgement dated 6/7-9-1995. It is in this circumstances, that the matter came up before this Court by way of this writ petition.2. It is disclosed from the record that the tenanted premises consisting ...
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