Mumbai Court June 1999 Judgments
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Nanded Parbhani Zilla Luxury Bus Malak Va Operator Sangh Vs. State of ...
Court: Mumbai
Decided on: Jun-29-1999
Reported in: I(2000)ACC360; 1999(4)ALLMR138
J.A. Patil, J.1. Heard Mr. S.R. Barlinge, learned Advocate for the petitioner and Mr. P.B. Varale, learned A.P.P. for the respondents.2. Rule. Rule returnable forthwith by consent.3. By this petition under Article 226 of the Constitution of India, the petitioner Association has sought certain directions against the respondent namely-(A) Not to detain and seize the luxury buses of its members having tourist permits for the alleged contravention of the provisions of Section 29 of the Motor Vehicles Act or any of the conditions of the permit;(B) Not to arrest the drivers and owners of the luxury buses for the alleged contravention of the provisions of Section 39 of the M.V. Act, and(C) To direct the respondents to pay compensation to the luxury bus operators at the rate of Rs. 50,000/- for detention and seizure of each bus and Rs. 1,00,000/- for the arrest of either the drivers or owners of the luxury buses.4. The relevant facts giving rise to this petition may be stated in brief, as foll...
Commissioner of Income-tax Vs. International Computers Indian Manufact ...
Court: Mumbai
Decided on: Jun-28-1999
Reported in: [1999]239ITR499(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 two questions of law to this court for opinion, both at the instance of the Revenue and the assessee ;At the instance of like Revenue:'(1) Whether, on the facts and in the circumstances of the case, the assessee is entitled to development rebate under Section 33(1)(b)(B)(i)(b) of the Income-tax Act, 1961, so that the orders under Section 263 of the Income-tax Act, 1961, passed by the Commissioner of Income-tax deserved to be cancelled ? At the instance of the assessee : (2) Whether, on the facts and in the circumstances of the case and in law, the Commissioner of Income-tax Bombay City VI, Bombay, was right in exercising the jurisdiction under Section 263 in revising the order of the Income-tax Officer ?' This reference pertains to the assessment years 1973-74 and 1974-75. The assessee is a limited company engaged in the business of selling a...
Jaysynth Dyechem Ltd. Vs. Dyes and Chemical Workers Union and anr.
Court: Mumbai
Decided on: Jun-28-1999
Reported in: (2000)ILLJ210Bom
R.J. Kochar, J.1. The Appellant Company has filed the present Letters Patent Appeal against the order of the learned single Judge rejecting the petition in limine. 2. We have perused the order of the Industrial Court. The Industrial Court has granted an interim order in favour of the employees, who had filed a complaint through their union, the first respondent, that the bus facility which was given under the settlement by the employer Company to them from different local railway stations upto the work place was abruptly discontinued in violation of the legal provisions. The Industrial Court has given a reasoned finding considering all the facts and circumstances that the discontinuance of the bus facility provided under the Settlement dated September 30, 1994 amounted to an unfair labour practice under Item 9 of Schedule IV of the M.R.T.U. & P.U.L.P. Act, 1971. Even a notice under Section 9-A of the Industrial Disputes Act, 1947 also appears to have not been given before effecting suc...
Dhanaji @ Dhanraj Bagwan Jagdhane Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-28-1999
Reported in: (1999)101BOMLR582
Vishnu Sahai, J.1. The appellant aggrieved by the judgment and order dated 24.2.1995 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 285/93 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo simple imprisonment for 6 months, for the offence under Section 302 of the IPC has come up in appeal before us.2. In short the prosecution case runs as under:There was enmity between the Appellant and the deceased Gunwant Kambale. About two years prior to the incident a quarrel had taken place between the Appellant and Gunwant Kambale and in that there was an exchange of abuses between them. On this score the Appellant nursed ill-will against Gunwant Kambale.On 19.9.1992 at about 8.45 p.m. to 9 p.m. Bhau Magar P.W. 3, the nephew of Gunwant Kambale was proceeding to the betel leaf shop situate near the old Railway gate, Bhandari Chowk, Anand Nagar Zopadpatti, Police Station Chinchwad, Dist. Pune. The deceased Gunw...
Petroleum India International Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-25-1999
Reported in: (2000)241ITR43(Mum.)
1. The appeal of the assessee, for asst. yr. 1992-93, had come up for hearing before 'A' Bench, Mumbai and on the recommendation of the Bench, the President constituted a Special Bench for deciding the appeal. The issue involved is : "Whether on the facts and in the circumstances of the case the first Appellate Authority was justified in upholding the order of the AO disallowing deduction under s. 80-O of the IT Act, 1961, with reference to gross convertible foreign exchange received by the assessee by way of fees for technical and consultancy services rendered by it to the parties abroad ?" 2. The relevant facts, in this case, are that the appellant is an AOP and consists of nine public sector companies as its members. The appellant provides technical and consultancy services to various parties abroad. For asst. yr. 1992-93, for which the previous year ended on 31st March, 1992, the assessee had claimed deduction under s.80-O of the IT Act, 1961 of Rs. 3,38,38,386 being 50 per cent o...
Bank of Maharashtra and State of Maharashtra, Through Sales Tax Office ...
Court: Mumbai
Decided on: Jun-25-1999
Reported in: 2000(1)BomCR317; 2000(3)MhLj801
ORDERDr. Pratibha Upasani, J.1. This Chamber Summons is taken out by the applicants, namely, the State of Maharashtra, praying inter alia that the applicants be given priority over all other creditors of Konkan Chemicals PVt. Ltd., a private limited Company, which is arraigned as defendant No. 1 in the suit filed by the Bank of Maharashtra against defendant No. 1 and other defendants, and necessary direction in this regard be given to the Court Receiver, High Court. In the alternative, it is prayed that this Court be pleased to permit the applicants to lodge a claim with the Receiver in respect of the arrears of sales tax dues and the Receiver be directed by the Court to decide and consider the claim and the priority of the applicants over the claims of the plaintiff. It is also prayed that the Court Receiver appointed by this Court on 18th March, 1992 and 18th June, 1992 be directed to sell the property in his possession belonging to the 1st defendant viz., Konkan Chemicals FVt. Ltd. ...
Mrs. Wallet Ferrao Braganza Vs. Mrs. Maria Libania Severina D'Souza Br ...
Court: Mumbai
Decided on: Jun-25-1999
Reported in: 2000(2)ALLMR410; 2000(1)BomCR864; 2000(2)MhLj108
ORDERR.K. Batta, J.1. The petitioner had filed an application stating that the Cabeca de Casal had not disclosed two properties consisting of paddy fields of which Candido Braganza, husband of Cabeca de Casal was the tenant. This application was objected to by Cabeca de Casal, namely, the respondent and the objection taken was that the paddy fields cannot be included in the inventory proceedings since the Mamlatdar vide judgment in Tenancy Case No, 50/76 has held that the tenancy is deemed to have been continued with Cabeca de Casal under section 14(3) of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The learned advocate for the petitioner had placed reliance on a judgment of this Court in Shri Domingos Estevam V. Monteiro v. Comunidade of Santo Estevam and others, : 1995(1)BomCR580 but inspite of that the application filed by the petitioner was rejected.2. Learned advocate for the petitioner has submitted before me that the trial Judge has not applied the ratio laid down in t...
Nirmal Kumar Pal and Others Vs. the Central Bureau of Investigation an ...
Court: Mumbai
Decided on: Jun-25-1999
Reported in: 1999(5)BomCR898; 1999(3)MhLj390
ORDERD.G. Deshpande, J.1. All these applications arise out of the order of the Special Judge in Case No. 23 of 1995 dated 4-7-1997 by which the Special Judge rejected the application of all the accused for discharge and framed charges against the accused under different sections of the I.P.C. on the same day. 2. This order of the Special Judge was challenged before this Court on two grounds, namely want of jurisdiction of Mrs. R.S. Dalvi, the then Special Judge dealing with this case and secondly on the ground that while rejecting the application for discharge, the Special Judge did not give any reasons and made certain observations which were against the provisions of law and against the case of the accused. 3. So far as the rejection of the application for discharge on merit is concerned, the grievance of the petitioners appear to be genuine because in a three line paragraph i.e. para No. 9 the Judge has rejected the case for discharge only after holding that prosecution has made pri...
Mohd. Aslam Alias Sheru Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-25-1999
Reported in: 1999CriLJ4876
Vishnu Sahai, J.1. The appellant aggrieved by the Judgment and Order dated 19th/ 20th December, 1988 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 658 of 1986, convicting and sentencing him to undergo imprisonment for life, for the offence under Section 302 read with Section 34, IPC, has come up in appeal before us.2. Shortly stated the prosecution case runs as under:-Sometimes before the incident, Aslam, the elder brother of the deceased Mohammed Asif, had murdered the brother of the appellant and since then relations between the appellant and Mohammed Asif were strained.On 20th April, 1985, at about 10.15 p.m. the deceased Mohammed Asif was sitting on a bakda (bench) in front of Aziz Tea Stall facing 2nd Cooper Street, near the junction of Pakmodia Street within the limits of Dongri Police Station District Bombay. At that time, Abdul Kadar Abbas Nalwala PW 1 was standing at the pan-shop of Iliasbhai and chewing pan, at a distance of about 15 to 20 feet...
Collector of Central Excise Vs. Noel Pharmaceuticals
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-24-1999
Reported in: (1999)(113)ELT66Tri(Mum.)bai
1. This is the department's appeal against the impugned order dated 8-12-1994 of the Collector of Central Excise (Appeals), Mumbai, praying for setting aside the same.1. The facts of the case in brief are that the respondents have availed Modvat credit on the input bulk drugs received by them. The range Superintendent has observed that the original copy of the gate pass for the input is stamped to the effect that they are availing exemption under Notification 31/88, dated 1-3-1988 and the respondent has got no option to pay duty (that is determined according to law) on his volition and therefore the Modvat credit availed by the respondents amounting to Rs. 44,389.74 is required to be reversed. No declaration was filed in respect of the availment of the Modvat under GP 1 No.8058, dated 19-11-1992. Show cause notice was issued on 3-5-1993 against the respondent calling upon him to explain why he wrongly availed Modvat credit and the amount and utilised should not be got reversed under S...
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