Mumbai Court November 2002 Judgments
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Chandrakant Sadanand Bartakke Vs. Smt. Parvatibai Namdeo Nakhate and o ...
Court: Mumbai
Decided on: Nov-28-2002
Reported in: 2003(1)ALLMR984; 2003(1)MhLj1005
S.A. Bobde, J.1. Both these petitions can be disposed of by a common judgment since in both these matters the petitioner is the landlord of the respective respondents who are his tenants.2. Writ Petition No. 3425 of 1987 is in respect of land of which the tenants are said to be members of Nakhate family. It is in respect of survey No. 109/2/3 admeasuring 36% gunthas situate at village Kamshet. In Writ Petition No. 3426 of 1987, the tenants are legal heirs and representatives of Maruti Janku Shinde. The tenanted land is survey No. 36/2/2 admeasuring 5 acres and 26 gunthas. The petitioner obtained a certificate for exemption under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Act') on 6-8-1959. Upon obtaining the certificate, he filed an application under Section 33B for possession of the lands held by the aforesaid respondents. These proceedings eventually reached this Court. This Court by judgment and order in Special Civil Applicat...
Vithoba Thakurdas Ambekar Since Deceased Through Heirs Popat Vithoba A ...
Court: Mumbai
Decided on: Nov-28-2002
Reported in: 2003(1)ALLMR1028; 2003(2)BomCR54; 2003(2)MhLj17
S.A. Bobde, J.1. The petitioner is the heir of the deceased landlady Krishnabai. He acquired the suit land in a partition effected in the family of Krishnabai on 24-3-1958.2. One Kisan Ingole, predecessor of the respondent, was a tenant on 1-4-1957. The A.L.T., Pandharpur, held by its order dated 28-4-1978 that since Krishnabai was a widow, the tiller's day was postponed. That during the period of postponement, the interest in property came to the lot of Pandurang by way of partition dated 24-3-1958. When the property came to Pandurang, he was a minor. He became a major on 18-10-1962. Therefore, Kisan ought to have sent an intimation that he intends to exercise his right of purchase within a period of two years on the date on which Pandurang attained majority. Since Kisan did not do so, he was not entitled to purchase the land under Section 32G. The purchase, therefore, was declared ineffective and possession of the land was directed to be taken from the tenant and disposal of the land...
Dodsal Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Nov-28-2002
Reported in: (2003)179CTR(Bom)80; [2003]260ITR507(Bom)
S.H. Kapadia, J.1. For the assessment years 1977-78 and 1978-79, the following questions have been referred to this court under Section 256(1) of the Income-tax Act, 1961, at the instance of the assessee and at the instance of the Department:Questions referred at the instance of the assessee : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amounts paid by the assessee to Mannesmann-Export AG, Dusseldorf, West Germany (non-resident), for the period from October 1, 1976, to March 23, 1977, did not get merged in the purchase price on the exercise by the assessee of the option to purchase ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee, was an agent of Mannesmann-Export AG, Dusseldorf, West Germany (non-resident) under Section 163 of the Income-tax Act, 1961 ?' Questions referred at the instance of the Department : 3. Whether, the Tribunal was right in holding ...
Shri Rameshbhai Dayalal Pandya and anr. Vs. Sou. Padmadevi S. JaIn and ...
Court: Mumbai
Decided on: Nov-28-2002
Reported in: 2003(2)ALD(Cri)113; 2003BomCR(Cri)1158
J.G. Chitre, J. 1. Heard Shri Ingawale and Shri Saste. The petitioners are hereby assailing correctness, propriety and legality of the order passed by J.M.F.C. Ichalkaranji in the matter of Criminal Case No. 404 of 1997. 2. Shri Ingawale submitted that the respondent/original complainant did not issue a notice to the petitioners, as contemplated by provisions of Section 138 of Negotiable Instruments Act and filed the said complaint and hence the said complaint is bad in law. He submitted that the learned Magistrate did not notice this glaring infirmity and directed the police to make the enquiry in view of provisions of Section 156(3) of Criminal Procedure Code 1973. Shri Saste, A.P.P. appearing for the prosecution, submitted that the said complaint is revolving around the provisions of Section 420 of Indian Penal Code and not around Section 138 of Negotiable Instrument Act and therefore, there is no need of seeing, whether the said notice has been issued or not. He justified the said ...
Commissioner of Income-tax Vs. Maharashtra Sugar Mills Ltd.
Court: Mumbai
Decided on: Nov-28-2002
Reported in: (2004)186CTR(Bom)616; [2003]263ITR180(Bom)
J.P. Devadhar, J. 1. In this income-tax reference, relating to the assessee's assessment year 1966-67, the following seven questions have been referred by the Tribunal at the instance of the Revenue, for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the asses-see-company not having filed the particulars of the transfer of assets to the Maharashtra State Farming Corporation in the original return and having shown the book value of the assets under 'loans and advances' in the balance-sheet without making adjustment in the accounts for the amount receivable could be said to have disclosed the primary facts during the original assessment for 1966-67 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that it was not possible for the assessee to disclose the amount receivable as compensation in the original assessment proceedings 3. Whether, on the ...
New India Assurance Co. Ltd. and ors. Vs. Govind Laxman Angne and ors.
Court: Mumbai
Decided on: Nov-28-2002
Reported in: 2004ACJ636
Khandeparkar, J. 1. Heard advocates for the parties. Perused the records. This appeal arises from award dated 30.8.1988 passed in Motor Accident Claim Petition No. 255 of 1986 by the Motor Accidents Claims Tribunal, Raigad, Alibag. By the impugned award the appellants have been directed to pay the amount of Rs. 3,95,000 to respondents, herein who are the claimants in the claim petition together with the interest at the rate of 9 per cent per annum thereon.2. The facts in brief relevant for the decision are that on 23.2.1986 one Arun was travelling as a pillion rider on the motor cycle No. TMB 1968 while one Chimanlal Dayabhai Panchal was riding the motor cycle proceeding from Bombay to Nagothane. When the motor cycle reached milestone No. 52/2 near village Nidi, it met with an accident as it was dashed by lorry No. MHL 2011 coming from opposite direction. As a result of the accident, Arun suffered grievous injuries and subsequently succumbed to his injuries on 1.3.1986. Accusing the dr...
Smt. Ranjana W/O Babasaheb Sature @ Smt. Ranjana D/O Namdeo Bagul Vs. ...
Court: Mumbai
Decided on: Nov-28-2002
Reported in: (2004)106BOMLR47
B.H. Marlapalle, J.1. We have heard the arguments of the learned Counsel for the respective parties spread over two continuous days and perused the record from the Scrutiny Committee as well as the registers maintained by Saint Joseph Church at Borsar. We have proceeded with the hearing of the petition so as to decide it at the admission stage itself, more so when the original complainant i.e. respondent No. 7 has filed an affidavit-in-reply. Thus, the writ petition was ready in all respect for decision at the time of admission itself.2. Rule.3. The learned Counsel for the respondents waive service.4. Rule is made returnable forthwith.5. The petitioner Smt. Ranjana w/o. Babasaheb Sature was born to Namdeo and Zalabai Bagul on 29.5.1976 at village Khandala in Taluka Vaijapur District Aurangabad and on completion of her school education she joined Vinayakrao Patil Mahavidyalaya at Vaijapur, in 1 lth standard on 3.7.1993. She came to be married to Shri Babasaheb Nana Sature - a resident o...
Shree Soaps and Chemicals Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-27-2002
Reported in: (2003)(161)ELT192Tri(Mum.)bai
1. The appellant in these appeals manufactured, as a job worker, a cakes of toilet soaps from out of the soap noodles that their manufacturer Hindustan Lever Ltd. (Lever for short) supplied. It took credit of the duty paid on these soap noodles and other inputs that it used in the manufacture of soap.2. The question of determining the assessable value of soap noodles manufactured by Lever was in dispute, and the soap noodles that the appellant received had been cleared by Lever on payment of duty provisionally determined. As a result of finalisation of these assessments, Lever was required to pay, and actually paid, duty of Rs. 26.73 lakhs (with which we are concerned in appeal E/3738) and Rs. 34.40 lakhs (the subject-matter in the other appeal). The departmental officers countersigned the certificates that it issued certifying the payment of duty. Based on these certificates, the appellant took credit, in terms of Sub-rule (2) of Rule 57E of the duty that the appellant paid. Between ...
Kumar Agencies (India) Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-27-2002
Reported in: (2004)265ITR57(Mum.)
1.These two appeals have been filed by the assessee against the levy of penalty under Section 271(1)(c) for the assessment years 1980-81 and 1982-83. As common facts and issues are involved in these two appeals the same were argued together by the learned Authorised Representative of the assessee and the learned Departmental Representative. We are deciding these two appeals together for convenience.2. The facts of the case leading to these two appeals, briefly, are that originally the assessment orders were completed for these two assessment years in which the assessee's explanations in respect of fresh loans were accepted. A search under Section 132 of the Act took place on April 27, 1983. During the course of this search and thereafter the Department carried out certain investigations. During the course of enquiry thus made, the following four cash creditors denied having made loans to the assessee which as per the assessee's books of account were as follows : By application dated J...
Lokmat, Proprietors, Lokmat News Papers Ltd. Vs. Prabhakar Rambhauji C ...
Court: Mumbai
Decided on: Nov-27-2002
Reported in: 2003(4)BomCR391; [2003(97)FLR159]; (2003)IILLJ283Bom; 2003(1)MhLj485
J.N. Patel, J.1. Rule. By consent, heard forthwith.2. A common question arises in all these seven writ petitions which are filed by M/s Lokmat, Proprietors, Lokmat News Papers Ltd., through its Managing Director, against the respondents, impugning the decision of the Industrial Court delivered on 12th February, 2002 in the various complaints filed by the respondents under Section 28 read with Item 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as MRTU and PULP Act, 1971), under which the Industrial Court held that the petitioners (original respondents) have engaged in unfair labour practice covered under Item 9 of Schedule IV of the MRTU and PULP Act, 1971 by keeping the complainants on daily wages even though they have rendered continuous service of 240 days in 12 calendar months and further held that the respondents (original complainants) are entitled to be made permanent by the petitioner (ori...
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