Mumbai Court March 1999 Judgments
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Mrs. Bijal Parag Dave Vs. Mr. Parag Labhashankar Dave
Court: Mumbai
Decided on: Mar-08-1999
Reported in: AIR1999Bom237; 1999(2)ALLMR292; 1999(3)BomCR360; 1999(2)MhLj276
ORDERR.M. Lodha, J. 1. Rule. Returnable forthwith.2. Mr. Sawant, learned Counsel waives service for respondent.3. By consent, heard finally at this stage.4. The respondent and the petitioner are husband and wife and for the sake of convenience I shall refer them as husband and wife respectively. The parties got married on 19-5-95 and out of the wedlock, the girl child was born. The matrimonial dispute arose between the husband and wife immediately after the marriage.5. It is the case of the wife that her ornaments and jewellery were taken by the husband and his parents when she came from her parents place. The husband and his parents also got annoyed when she delivered girl child. The wife claims to have suffered cruelty at the hands of the husband and his parents. The husband filed a petition for dissolution of marriage under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. In the said petition, the wife made an application for maintenance under section 24. In the applicati...
Smt. Malini M. Xete Vs. the Director of Education, Government of Goa a ...
Court: Mumbai
Decided on: Mar-08-1999
Reported in: 2000(2)ALLMR399; 1999(3)BomCR618
ORDERN.P. Chapalgaonkar, J. 1. Rule Rule made returnable forthwith byconsent.2. Respondent No. 3 Smt. Sunandabai Bandodkar High School at Salvador-do-Mundo is a Secondary School recognised under section 5 of the Goa, Daman and Diu School Education Act, 1984 read with the relevant Rules. On 15th July, 1994, the post of Headmaster of the said School became vacant because of the resignation of the person holding it. Petitioner is the senior most teacher, but instead of appointing her as the Acting Headmaster, it is alleged that respondent No. 5, who is junior to the petitioner in the cadre of the graduate teachers, was posted as an Acting Headmaster of the said School. The action of the Management appointing respondent No. 5 as Acting Headmaster was protested. Ultimately on 8-10-1994, the petitioner came to be appointed as Acting Headmistress of the School. Since the Departmental Promotion Committee was not convened forthwith to have regular appointment of the Headmaster, petitioner made ...
Commissioner of Income-tax Vs. Miss Piroja C. Patel
Court: Mumbai
Decided on: Mar-08-1999
Reported in: (2000)162CTR(Bom)182; [2000]242ITR582(Bom)
1. At the instance of the Department, the Tribunal has referred the following question for the opinion of this court for the assessment year 1975-76 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs. 2,30,000 being compensation paid by the assessee and other co-owners to the hutment dwellers for vacating the land was an allowable expenditure within the meaning of Section 48 read with Section 55 of the Income-tax Act, 1961, in the assessment year 1975-76 ?'2. The assessee and other co-owners owned a certain piece of land at Andheri admeasuring 10,577 square metres. The property was notified for a public purpose under the Maharashtra Regional Town Planning Act, 1966, read with the Land Acquisition Act, 1894. The property was subsequently sold to the Bombay Municipal Corporation by negotiation-cum-acquisition. This was under the provisions of the Maharashtra Regional Town Planning Act, 1966, read with the Land Acquis...
In Re: Suman Motels Ltd.
Court: Mumbai
Decided on: Mar-08-1999
Reported in: [1999]98CompCas89(Bom)
F.I. Rebello, J.1. Heard forthwith. Leave under Rule 19(3) of the Companies (Court) Rules, 1959, granted to the applicant to take out a judges summons in terms of draft judges summons handed in Judges summons returnable forthwith.2. By the present application, the petitioners have prayed for condonation of delay in publication of the advertisement of notice convening the meeting. Learned counsel has drawn my attention to Rule 7 of the Companies (Court) Rules, 1959. In terms of Rule 7 the court may in cases in which it shall deem fit, extend or abridge the time appointed by these rules as justice of the case may require. In so far as publication in the newspapers is covered by Rule 74. That rule sets out that notice of the meeting shall be advertised in such newspapers and in such manner as the judge maydirect not less than 21 clear days before the date fixed for the meeting. If Rule 74 is read with Rule 7 of the Companies (Court) Rules, 1959, it is clear that the court in cases which i...
Shree Products Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-08-1999
Reported in: [1999]237ITR367(Bom)
S.H. Kapadia, J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal ('the Tribunal') has referred the following question for the opinion of this court : 'Whether, on the facts of the applicant's case and the law applicable to them, and in particular, on a proper interpretation of items Nos. 27 and 28 of the Eleventh Schedule to the Income-tax Act, 1961, the Tribunal was correct in law in rejecting the applicant's claim for investment allowance in relation to the plant and machinery used by the applicant for manufacturing its finished product on the ground that the items manufactured by it fell under item No. 27 of the said Eleventh Schedule ?'2. The assessee-company is engaged in the manufacture and sale of rubber stoppers. It claimed investment allowance of Rs. 3,06,870 for the assessment year 1978-79 and similar amount for the assessment year 1979-80. This was with reference to new machinery items installed by the assessee and used in the business for the accountin...
Ram Singh Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Mar-08-1999
Reported in: 1999CriLJ3763
V.K. Barde, J.1. In Sessions Case No. 133/ 1998, Additional Sessions Judge, Nanded, has convicted the accused of offence punishable under Section 302 of Indian Penal Code and has sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, further rigorous imprisonment for 6 months. The appellant has filed the appeal against this order of conviction and sentence.2. Heard Mr. Vijay Sharma, counsel (appointed) for the accused-appellant and Mr. V.D. Sapkal, Additional Public Prosecutor, for the respondent-State.3. The prosecution case is that on 5-4-1993, Purbhaji (PW1), Police Patil of village Nimgaon, received information that Nilabai, wife of the present accused Ramsingh s/o. Laxman Rathod, was murdered. He, therefore, visited the house of the accused and saw the dead body of Nilabai. There were stab injuries on her person. He made enquiries with the accused and the accused told him that he was suspecting character of his wife and, theref...
Commissioner of Income-tax Vs. Banque National De Paris.
Court: Mumbai
Decided on: Mar-08-1999
Reported in: [1999]237ITR278(Bom); [1999]105TAXMAN567(Bom)
S. H. KAPADIA J.-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 Department in respect of the assessment years 1973-74 to 1974-75.Questions proposed by the Revenue :'1, Whether, on the facts and in the circumstances of the case, the Tribunal was right in law, in holding that the expenditure of the company on the maintenance of flats owned by the assessee for housing senior officers and the flats hired for them did not amount to benefit or perquisites for the purpose of section 40A(5) of the Income-tax Act, 1961 ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest under section 214 is payable up to the date of actual refund and not up to the date of regular assessment ?'Questions as proposed by the assessee3. Whether, on the facts and in the circumstances of the case, t...
Shri Shashikant Shamrao Mane and Others Vs. Shri Atmaram Yallappa Shew ...
Court: Mumbai
Decided on: Mar-06-1999
Reported in: 1999(3)BomCR592; 1999(2)MhLj489
ORDERT.K. Chandrashekhara Das, J.1. This writ petition is filed challenging the order passed by the Vth Joint Civil Judge, Senior Division, Kolhapur on 20th March, 1993 in Special Civil Suit No. 117 of 1984. The said order came to be passed by the trial Court on an application filed by the defendants, on 21-1-1993 proving that since defendant No. 2(4) is dead and her heirs are not brought on record and the entire suit abates as the suit agreement is indivisible and that right to sue does not survive to the surviving defendants. The Lower Court upon hearing the arguments of the Counsel dismissed that application of defendant Nos. 1 to 8.2. I heard Counsel for the petitioner Mr. Kumbhakoni and Mr. Katikar for respondents.3. The suit was filed by the plaintiff for specific performance of the contract and also in the alternative for damages. The property belongs to one Mahadeo, father of defendant Nos. 2 to 5. Defendant No. 1 is power of attorney holder of defendant No. 2 to 5. The aforesa...
Mahesh Muljibhai Mistre Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Mar-06-1999
Reported in: AIR1999Bom404; 2000(2)BomCR846; 1999(3)MhLj844
ORDERN.P. Chapalgaonker, J.1. This petition challenges the validity of section 51-1A and section 52 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965; and also of Article 243-T(4) of the Constitution of India.2. The terms of office of the Chairperson of a Municipal Council was conterminous with the term of elected Councillors. By Maharashtra Act No. 41 of 1994, the said term was reduced to one year. It is contended that, in most of the local bodies, the term of office of the Chairperson is coterminous with the office of the Members, and reducing such term in the case of Municipalities in Maharashtra would be unreasonable. The second proviso to section 52 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as 'the Act'), which reads that, if a person is elected as a President to fill the casual vacancy of the office of the President, as provided in sub-section (8) of section 51, he s...
Hiralal Savaichand Shah Vs. Shri Vile Parle Shwetambar and Others
Court: Mumbai
Decided on: Mar-06-1999
Reported in: 1999(2)ALLMR304; 1999(4)BomCR287
ORDERT.K. Chandra Shekhara Das, J.1. Out of the above petitioners, three petitioners filed separate declaratory suits before the Presidency Small Causes Court for a declaration that they are the tenants governed by provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called as the Act).2. Hiralal S. Shah filed R.A. Declaratory Suit No. 5399 of 1973, Fatehkumar Motichand Jhaveri filed R.A. Decl. Suit No. 5400 of 1973 andone Shri Jethalal B. Shah filed R.A. Decl. Suit No. 3727 of 1975. During the pendency of this suit Jethalal Shah died and his legal representatives Chancalben J. Shah and others continued the suit. After they filed the suit, the respondent Shri Vile Parle Shwetambar Murtipujak Jain Sangha and Charity Trust, along with its trustees filed Ejectment Applications bearing E.A. No. 185/E/1975, E.A. No. 186/E/75 and 188/E/75 before the suit Court. The petitioner claimed the tenancy against the respondent in respect of Room No. 13, 14, 16,...
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