Mumbai Court March 2001 Judgments
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Maharashtra State Electricity Vs. Joint Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-05-2001
Reported in: (2002)81ITD299(Mum.)
1. This is an application for stay of the outstanding demand of Rs. 43,65,82,270 relating to the asst. yr. 1997-98.2. The brief facts resulting in the filing of the stay application are these. The assessee is the Maharashtra State Electricity Board, established under the Electricity Supply Act, 1948. It is wholly owned by the Government of Maharashtra and its sole objective is to generate and supply electricity. In making the assessment, the AO applied the provisions of Section 115JA of the IT Act, 1961, and computed the book profit for the purpose of income-tax at Rs. 460.88 crores and took 30 per cent thereof as income for assessment purposes, which came to Rs. 138.26 crores. On appeal, the assessment was confirmed. The tax demand was raised accordingly, out of which after giving credit for the payments made by the assessee, a sum of Rs. 43,65,82,270 is outstanding as of now in respect of which the stay is prayed for.3. The assessee's appeal before the Tribunal against the assessmen...
Shri Vinod Tanna and anr. Vs. Shri Zaheer Siddiqui, Constituted Attorn ...
Court: Mumbai
Decided on: Mar-05-2001
Reported in: 2001ALLMR(Cri)1285; 2001BomCR(Cri)745; (2001)2BOMLR669; 2001CriLJ2297; 2001(2)MhLj714
N. V. Dabholkar, J.1. The writ petition prays this Court to invoke the powers under Article 227 of the Constitution of India as also inherent powers u/s 482 of the Cr.P.C., 1973, for the purpose of quashing the proceedings of Criminal Case No. 130/S/1994 pending before 37th Court of Metropolitan Magistrate at Esplanade, Bombay, presided by Additional Chief Metropolitan Magistrate.2. Facts giving rise to present petition, according to petitioners, are as follows :Petitioner No. 2 is a Company incorporated under the Companies Act and dealing in business of processing of food products such as grains, pulses, etc. Petitioner No. 1 is one of the directors.In or about November, 1992, respondent No. 2 approached petitioners with a proposal for processing a consignment of Masoor imported by them. The proposal was accepted and executed by processing the consignment as required by respondent No. 2. With the passage of time, commercial transactions between the parties increased. In February, 1993...
M/S Ashok Commercial Enterprises Vs. M/S R.T.V. Films and ors.
Court: Mumbai
Decided on: Mar-05-2001
Reported in: 2001(3)ALLMR732; (2001)3BOMLR706
Dr. D.Y. Chandrachud, J.1. The Summary Suit in the present case has been instituted for a decree (1) against Defendant Nos. 1 to 4 in the amount of Rs.2,82,13,643/ - together with interest at the rate of 18% per annum on the principal sum of Rs.2.70crores from the date of the suit until payment or realisation and (2) Defendant Nos. 1 to 5 in the sum of Rs.2,30,98,136/- with further interest on the principal sum of Rs.2.10crores together with interest at the rate of 18% per annum from the date of the suit until payment or realisation. The suit is based on Bills of Exchange which were drawn by the First Defendant which is a partnership firm of which the Second and the Third Defendants are partners. The Bills of Exchange have been accepted by the Fourth and the Fifth Defendants.2. The First, the Second and the Third Defendants were producing two motion pictures in Hindi and the Plaintiffs advanced some time prior to 9th September, 1997, the amounts respectively of Rs. 2.70 crores and Rs. ...
M/S Wolstenholme International Ltd. Vs. TwIn Stars Industrial Corporat ...
Court: Mumbai
Decided on: Mar-05-2001
Reported in: AIR2001Bom409; 2002(1)ALLMR171; 2001(4)BomCR114; (2001)3BOMLR777
Dr. D.Y. Chandrachud, J.1. In the Summary Suit in which the present Summons for Judgment has been instituted, the claim of the Plaintiffs for a decree in the sum of Pound Sterling 1,21,115.63 with further interest at 18% per annum on the principal amount of Pound Sterling 88,284.64. At the prevailing rate of exchange when the suit came to be instituted, the claim has been valued at Rs. 84,78,094/-. The claim in the suit is based on three Bills of Exchange drawn by the Plaintiff and accepted by the First Defendant. The First Defendant is a partnership firm of which the Second to Fifth Defendants are partners.2. The Plaintiff supplied to the First Defendant three consignments of Bronze Powder under three invoices these being (i) an invoice dated 21st March, 1996 for Pound Sterling 38,970/-, (ii) an invoice dated 11th April. 1996 for Pound Sterling 38,970 and (iii) an invoice dated 1st May, 1996 for Pound Sterling 30,344/-. The Plaintiff drew three Bills of Exchange which were duly accept...
The Cotton Corporation of India Ltd. Vs. the Alagappa Cotton Mills
Court: Mumbai
Decided on: Mar-05-2001
Reported in: AIR2001Bom429; 2001(4)ALLMR371; 2001(44)ARBLR211(Bom); 2001(4)BomCR507; (2001)4BOMLR34; 2001(3)MhLj415
J.A. Patil, J. 1. This is a suit for recovery of a sum of Rs. 15,43,633,84/- with future interest thereon, the plaintiffs case in brief is as follows :-2. The plaintiffs are a Company registered under the Companies Act and are also a Government of India undertaking. The main business of the plaintiffs is to act as canalising agents for the Import and supply of foreign cotton to Indian textile mills. The defendants are a partnership firm andthey owned a textile mill at Nagamrnainagar in Tamil Nadu. In February, 1977 the plaintiffs had Issued a circular to all the textile mills including the defendants, inviting offers for purchase of cotton proposed to be imported by the plaintiffs. The defendants thereafter by their letter dated 26.2.1977 requested the plaintiffs to register their demand for 500 bales of Brazilian Cotton at the rate of Rs. 4,975 per candy for June/July Shipment. The defendants also stated that they would be arranging for the subsidiary import licence as well as for the...
Ahmed Abdul Aziz Bengali Vs. Mohammed Hanif M. Mulla and ors.
Court: Mumbai
Decided on: Mar-05-2001
Reported in: 2001(3)ALLMR720
A. M. Khanwilkar, J. 1. This writ petition under Article 227 of the Constitution of India takes exception to the judgment and order passed by the Small Causes Court at Bombay, dated March 31. 1989 in Appeal No. 335 of 1988.2. The petitioner filed a suit before the Small Causes Court bearing R. A. E. Suit No. 4798 of 1979 praying for possession of the premises situate in the structure allegedly owned by him standing on Plot No. 69/3. C.S.T. Road, Andheri (East), Opp.: Vijay Nagar Society. The subject premises referred to in the plaint Js stated to be the rear portion of the said structure, admeasuring 16 x 20. The same was allegedly let out to the respondent No.3 on monthly rent of Rs. 60/-for the purpose of business. The petitioner claims that respondent No. 3, was his tenant in respect of the suit premises and his tenancy was terminated vide suit notice dated July 15. 1979 on the ground of default as well as unlawful subletting. However, in the said suit the respondent No. 3 alone was...
Hanuman S/O Vishwanath Nehare Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-05-2001
Reported in: 2001(5)BomCR879
R.K. Batta, J.1. The applicant, who is the son of the deceased, seeks cancellation of bail granted by the Judicial Magistrate First Class, Kelapur to respondent Nos. 2 and 3, vide order dated 20th October, 2000. 2. The respondent Nos. 2 and 3 were arrested in connection with an attempt to murder under section 307 I.P.C. on 19-10-2000, in respect of an offence which had taken place on 17-10-2000. The bail application was filed on 20-10-2000 and on the same day, respondent Nos. 2 and 3 were ordered to be enlarged on bail even though A.P.P. was not available in the Court. The victim died on 20-10-2000 at about 3.00 P.M. and in view of the same section 302 I.P.C. would be attracted. The charge-sheet under section 302 I.P.C. has already been filed. 3. Learned Advocate for the applicant has urged before me that the Magistrate acted very hastily in granting bail in serious matter without even waiting for the say of the A.P.P. or hearing A.P.P. The exercise of power by the Magistrate, in the c...
Deepa W/O Nandkishore Zade (Smt.) and anr. Vs. Nandkishore S/O Domaji ...
Court: Mumbai
Decided on: Mar-05-2001
Reported in: 2001(5)BomCR898; II(2001)DMC381
R.K. Batta, J.1. Heard. Admit. With the consent of the learned Advocates for the parties, heard forthwith. Notices in fact were issued in this matter for disposal at the admission stage itself. 2. Learned Advocate for the petitioners has placed before me the judgment of the trial Court which shows that there was absolutely no discussion or reasoning as to why the maintenance has been awarded from the date of order and not from the date of application. The revisional Court found that there was no need to interfere on this question since the order in question was neither illegal nor perverse nor arbitrary. 3. The learned Advocate for the petitioners, after placing reliance on Nachhattar Singh v. Harjinder Kaur and another, reported in ; Kamalabai Khanderao Thete and another v. Khanderao Murlidhar Thete, reported in : 1989(1)BomCR418 ; Kedari s/o Shankarrao Shinde v. The State of Maharashtra, reported in 1992 (1) M. L.R. 359; and Gangabai v. Shivram, reported in 1989 Cri. L.J.154, has urg...
Mandhana Exports (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-04-2001
Reported in: (2002)82ITD306(Mum.)
1. This appeal by the assessee is directed against the order of CIT(A)-XII, Mumbai. On the facts and in the circumstances of the case, the Learned Commissioner of Income-tax (A)-XII, Mumbai/CIT(A)- 1. was not justified in confirming the order of the ACIT thrusting depreciation, even though not claimed; 2. failed to appreciate that the Appellant has an option to claim of depreciation and it can choose not to claim depreciation and amendment in Section 32 and Section 34 w. e. f. 1-4-1989 has not altered the basic principle; 3. erred in drawing a wrong conclusion that due to withdrawal of Section 34, the ratio laid down in the decision of the Bombay High Courts and Tribunals is not applicable; 4. failed to appreciate that Section 34 had no say in deciding the allowability of depreciation and in view of the matter, the omission of Section 34 from the Act shall not alter the position of not claiming of depreciation; 5. erred in holding that in order to work out the 'profits and gains of bu...
M/S. I.G. Petrochemicals Ltd. Vs. Commissioner of Central Excise,
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-02-2001
Reported in: (2001)(132)ELT110Tri(Mum.)bai
1. On hearing Shri Mohan Jayakar on the stay application and Smt. Reena Arya for the Revenue, it appeared that the main appeal itself could be taken up for disposal. This was done by granting waiver of predeposit of Rs. 21,55,626/- confirmed as Customs Duty/CVD and Rs. 63,270/- as Excise Duty as also the penalty of Rs. 50,000/-.On 17.9.98 the area in which the appellant's factory is situated, was flooded due to incessant rains and also the backing up of the rain water by the incoming tide. A number of houses and Industrial units were damaged and the total damages were estimated to be several crores of rupees. The newspaper cuttings' bringing out these events are on record. On that date the appellants informed the jurisdictional Assistant Commissioner of Central excise that their factory was flooded and that the losses were being assessed. Surveys were conducted including surveys by the Insurance Company. The department was kept informed from time to time of the extent of damages. On 1...
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