Mumbai Court June 1999 Judgments
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E. R. Trust Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-30-1999
Reported in: (2000)73ITD426(Mum.)
1. This is a concealment penalty appeal filed by the assessee and it relates to asst. yr. 1989-90. The facts of the case and the circumstances under which the penalty is levied are the following.2. The assessee is a private specific trust and is the sole proprietor of M/s. R.R. International. The business carried on by the trust is that of exports of electronic goods, mostly battery chargers to USSR.The export is arranged through M/s. Siemens India Ltd. for which the assessee is paying commission to Siemens @ 8.5 per cent on the sales margin. The assessment year in question is 1989-90 for which the previous year ends by 31st March, 1989. The assessee has got its factory premises at Baska in Gujarat. It leased out the factory along with the premises to M/s. R.I.R. Ltd. under the lease agreement dt. 1st April, 1988. The consideration for the lease agreement is the interest-free deposit of Rs. 20 lakhs and a compensation of Rs. 9 lakhs only from the RIR Ltd. The assessee took upon its re...
The Peerless General Finance and Investment Co. Ltd. Vs. Swan Mills Li ...
Court: Mumbai
Decided on: Jun-30-1999
Reported in: 2000(1)BomCR48
ORDERF.I. Rebello, J.1. Leave under Rule 127 of the High Court (Original Side) Rules granted to the defendant No. 1 to take out Chamber Summons in terms of the draft Chamber Summons handed in.2. By the present Chamber Summons, judgment debtor defendant No. 1 have prayed for a declaration that the consent decree dated 7th July, 1997 as modified on 26th November, 1997 between the defendant No. 1 and defendant No. 11 is not executable in view of the fact that the same has not been registered and stamped as required by law. Interim relief has been prayed for pending the hearing and final disposal of the Chamber Summons.3. On behalf of the judgment debtors, their learned Counsel contends that the consent decree purports to create interest in property and as such required registration under section 17 of the Indian Registration Act, 1908. It is further contended that by virtue of section 49 of the Indian Registration Act, a document which is not registered cannot be considered being void ab ...
Shivlingappa Virappa Alange Since Deceased by His Heirs and Legal Repr ...
Court: Mumbai
Decided on: Jun-30-1999
Reported in: 1999(3)ALLMR549; 2000(1)BomCR161; 1999(3)MhLj602
ORDERD.G. Deshpande, J.1. Heard Mr. Naik for the petitioner, Mr. Naphade for the respondents.2. The petitioner is the landlord and respondents are the tenants under the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). The petitioner had filed a regular suit for recovering possession of the. suit premises from the respondents on the ground of habitual defaults in payment of rent and for bona fide personal occupation. The suit was filed before the Joint Civil Judge, Junior Division, Solapur vide Regular Civil Suit No. 475 of 1973. The trial Court decreed the suit on the ground of bona fide personal occupation and rejected the claim of the petitioner in respect of habitual defaults in payment of rent. Both the plaintiff and defendants had filed appeals against this judgment and decree dated 31st January 1979. Both the appeals jointly heard by Extra Assistant Judge, Solapur. The Appellate Court accepted the contentions of the ...
Tata Memorial Hospital and Cancer Research Institute Vs. Tata Memorial ...
Court: Mumbai
Decided on: Jun-30-1999
Reported in: (2001)IIILLJ559Bom
A.P. Shah, J. 1. Rule. Mr. Singh for the 1st respondent waives service. Leave to delete the names of respondent Nos. 2 and 3 granted. By consent, petition is taken up for final hearing.2. This petition under Article 226 of the Constitution challenges the order dated February 28, 1995 passed by by the 5th Labour Court, Mumbai in Complaint (ULP) No. 72 of 1985 and order dated April 1, 1999 passed by the Industrial Court, Mumbai in Revision Application (ULP) No. 43 of 1995.3. The petitioner is a Cancer Research Institute as well as runs a hospital namely, the Tata Memorial hospital. The hospital as well as the Cancer Research Institute are controlled and run by the Government of India. The respondent is the Union registered under the Trade Unions Act and representing some of the employees working in the hospital and the Institute. In the present case, the Union has espoused the cause of one of its members T.K. Salkade, who was working as a store-keeper in the Tata Memorial Centre. Shri Sa...
Ramdil Resorts Pvt. Ltd. and Others Vs. Videcon International Ltd. and ...
Court: Mumbai
Decided on: Jun-29-1999
Reported in: 2000(2)ALLMR434; 2000(1)BomCR54
ORDERDr. B.P. SARAF, J.1. By this appeal under Clause 15 of the Letters Patent, the appellants seek to challenge the order dated 27th January 1999 of the learned Single Judge rejecting their application for transfer of the suit filed by the respondents at Ahmednagar to the Court of Civil Judge, Senior Division, Satara, where they had filed their suit.2. Mr. R.D. Soni, learned Counsel for the respondent, raised a preliminary objection that this appeal is not maintainable under Clause 15 of the Letters Patent because the impugned order of the learned Single Judge refusing to transfer the suit to another Court is not a judgment within the meaning of Clause 15 of the Letters Patent. In support of this contention, he placed reliance on the decision of the Supreme Court in Asrumati Debi v. Rupendra Deb, : [1953]4SCR1159 and Shah Babulal Khimji v. Jayaben, : [1982]1SCR187 and the decision of this Court in Laxman Bala Survev. M/s. Posh Builders, : 1997(1)BomCR115 .3. In reply, Mr. Mohite, lear...
B.U. Bhandari Tempo Ltd. Vs. Mr. Uttamchand Bhagchand Lunkad
Court: Mumbai
Decided on: Jun-29-1999
Reported in: 2000(1)BomCR62
ORDERA.A. HALBE, PRESIDENT1. Both these appeals arise out of the judgement of the District Forum, Pune in Complaint No. 370/97 directing the appellant Bajaj Tempo Ltd. and B.U. Bhandari Tempo Ltd. to pay the difference of price to the complainant regarding the old metador sold to the complainant. 2. The few facts are that on 11-1-94, the complainant wanted to purchase the Export Model of Tempo Trax. He abandoned his first claim of Tempo Trax of Country Model and went in for Export Model. For this purpose, he had to pay Rs. 2,40,681/- towards the price. It seems that soon after the delivery of the vehicle, the complainant found that the vehicle was second hand vehicle and that he had been charged more. The Direct Forum on fair consideration found that although the Invoice dt. 12-1-94 found the vehicle was having a model of 1994 whereas the Certificate of Insurance and Warranty Certificate clearly reveal that the model was of 1992. It was also found that when the vehicle was delivered, t...
Air India Limited Vs. P.K. Upadhaya and Another
Court: Mumbai
Decided on: Jun-29-1999
Reported in: 1999(4)ALLMR84; 1999(4)BomCR427; (1999)3BOMLR142; 1999(3)MhLj265
ORDERA.P. Shah, J.1. The question that arises for consideration is this case is whether the provisions contained in section 17-B of the Industrial Disputes Act, 1947 could be invoked by a workman and proceeding initiated by the employer challenging the order of the National Industrial Tribunal refusing to approve under section 33(2)(b) of the said Act the action taken against the workman.2. The 1st respondent Mr. P.K. Upadhaya is employed as a cleaner with the petitioner Air India Limited. He was been subjected to an enquiry on the ground of failure to maintain integrity, fraud, breach of rules and regulations and commission of acts of subversion and disobedience etc. He has been found guilty of the charges levelled against him and ordered to be dismissed from service with effect from 20-4-1995. Since, however, above action is sought to be taken against the workman and as there are proceedings pending as contemplated under section 33(1) of the Act, petitioner invoked section 33(2)(b) a...
Commissioner of Income-tax Vs. Hoechst Dyes and Chemicals P. Ltd.
Court: Mumbai
Decided on: Jun-29-1999
Reported in: [1999]240ITR1(Bom)
B.P. Saraf, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that additions of Rs. 2,30,786 were additions to plant and machinery and not to furniture and fittings ?'2. The assessee-company manufactures pharmaceuticals. In the assessment year 1976-77, the assessee claimed depreciation at the rate of 100 per cent, under Section 32(l)(ii) of the Income-tax Act, 1961 ('the Act'), on the amount of Rs. 2,42,084 spent on light fittings, fluorescent fittings, strip light fittings, frames for light fixtures, installations/wiring for lighting, installation of call bell, indicators/buzzers/door locks, etc., on the ground that it amounted to addition to plant and machinery and the cost of each one of the additions did not exceed Rs. 750. The Inco...
Sitaram @ Pandu Ramchandra Sawant Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-29-1999
Reported in: AIR1999Bom436; 2000(5)BomCR55; 2000BomCR(Cri)55
ORDERT.K. Chandrashekhara Das, J.1. The appellant was convicted for the offence under section 302 I.P.C. and 201 read with section 34 I.P.C. and sentenced for R.I. for life by the impugned judgment in Sessions Case No. 7 of 1995 by the Sessions Court, Sawantwadi which is challenged in this appeal. The appellant along with other three accused was charged on the allegations that between the night of 20th November, 1922 and 21st November, 1992 at village Bhiravande, Khalyantarwadi, Taluka Kankavli, District Sindhudurg had committed murder of Jayashri @ Vandana Janardan Sawant and thereby committed an offence punishable under section 498-A read with 34 of the Indian Penal Code and secondly the deceased was subjected to cruelty by ill-treating her and thereby committed offence under section 498(A) read with 34 of Indian Penal Code. The deceased was the wife of Janardan, a brother of appellant. Accused No. 2 Sanjay Ramchandra Sawant is brother of appellant, accused No. 3 Lalita Ramchandra Sa...
Commissioner of Income-tax Vs. Jaypee Dyeing House
Court: Mumbai
Decided on: Jun-29-1999
Reported in: [1999]239ITR418(Bom)
Ranjana Desai, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the allowance of depreciation on the assessee's machinery at 15 per cent. for the assessment years 1979-80 and 1980-81 is right in law ?' 2. Briefly stated the material facts are as under ; The assessee is a partnership firm carrying on the business of dyeing, bleaching and printing of art silk cloth. The assessment years involved are 1979-80 and 1980-81 for which the previous year ended on June 30, 1978, and June 30, 1979, respectively. The claim of the assessee before the Income-tax Officer was that since the assessee was engaged in processing of artificial silk cloth, it was entitled to higher depreciation at the rate of 15 per cent. on the machinery used by it. The Income-tax Officer did not accept th...
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