Mumbai Court September 2002 Judgments
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Cit Vs. Trustees of the Trust of Mrs. Manorama L. Apte Trust for their ...
Court: Mumbai
Decided on: Sep-18-2002
Reported in: (2002)178CTR(Bom)231
JudgmentS.H. Kapadia, J.Both the above references raise common question of law. The Tribunal has referred the following question of law for opinion under section 256(1) :'Whether, on the facts and in the circumstances of the case and having regard to the terms of the trust deed dated 9-5-1973, the Tribunal was right in law in holding that the assessee-trust is not a discretionary trust and consequently the provisions of section 164(1) are not applicable for the assessment year 1979-80 ?'2. In this case, we are concerned with assessment year 1979-80. Assessee is a private trust. The trust was created by an indenture dated 9-5-1973. Clause 5(b) of the trust deed reads as follows :'5(b) Subject to the provisions of sub-clause (a) of this clause the income of the trust shall be held for and distributed as under :(i) L.V. Apte HUF1/3rd(ii) M.L. Apte HUF1/3rd (iii) A.L. Apte HUF1/3rd (iv) Wife of Shri M.L. Apte and all the children of M.L. Apte who are living at the time of execution of this...
Pankaj S/O Shridhar Damle Vs. Bank of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(2)BomCR287; (2003)ILLJ616Bom; 2002(4)MhLj801
R.K. Batta, J.1. The petitioner has invoked the jurisdiction of this Court for directions to the respondents to appoint him in the Clerical Cadre on compassionate ground.2. The case of the petitioner, in brief, is that his late father Shri Shridhar Jaikrishna Damle was employed with respondent No. 1 in the Clerical cadre; that his late father was suffering from an ailment of intestine for about 15 years prior to his demise, which ultimately culminated into Cancer. The petitioner's father died on 17-6-1994. The deceased had left behind him his aged mother, his wife, two married daughters and the petitioner as the only legal heirs. The petitioner applied for appointment in the Clerical cadre on compassionate ground vide application dated 4-7-1994. Thereafter there was communication between the branch Manager and the petitioner seeking certain details which were furnished by the petitioner. Ultimately, vide letter dated 18-1-1995, the request of the petitioner was rejected on the ground t...
Sudhir S/O Sakharam Joshi Vs. Bank of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(2)ALLMR230; 2003(2)BomCR765; (2003)ILLJ1049Bom; 2003(1)MhLj331
R.K. Batta, J.1. The petitioner has invoked jurisdiction of this Court for directions to the respondents for appointment in the Clerical cadre on compassionate ground.2. The petitioner's case, in brief, is that his father late Sakharam Laxman Joshi was working at Jatharpeth, Akola branch of respondent No. 1 as a Peon, He died on 17-12-1993 and left behind his widow, two married daughters, an unmarried daughter and the petitioner as his only legal heirs. The petitioner's mother applied for appointment of the present petitioner in the post of Clerk on account of the death of the father of petitioner. By application dated 29-12-1993, the petitioner also applied for compassionate appointment giving all details of the dependents of the deceased, moveable and immoveable property, other assets and liabilities. The Branch Manager of respondent No. 1 vide letter dated 5-7-1994 rejected the application for compassionate appointment by merely stating that the application! cannot be considered. No...
State of Maharashtra Vs. Ketan Sheth S/O Kantibhai Sheth and anr.
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(2)ALD(Cri)29; 2003BomCR(Cri)713; 2003(1)MhLj885
R.S. Mohite, J.1. Rule. By consent rule is made returnable forthwith. Heard the parties.2. This is an application filed by the State of Maharashtra through the Dy. Superintendent of Police CID (Crime), Nagpur seeking to quash an order dated 22nd August, 2002 passed below Exh. 12 and Exh. 16, granting bail in default to the non-applicants. The present application is filed by the State under Section 482 of the Criminal Procedure Code, 1973.3. The non-applicant No. 1 came to be arrested in connection with Crime No. 101/02 registered by police station, Ganeshpeth, Nagpur on 13-6-2002. The non-applicant No. 2 was arrested in the same crime on 14-6-2002. Crime No. 101/2002 has been registered by Police Station, Ganeshpeth on 29-4-2002 for the offences punishable under Sections 406, 409, 468 read with Section 34 of the Indian Penal Code.4. On 19-8-2002 the non-applicant No. 1 moved a bail application under Section 437 r/w Section 167(2) of the Criminal Procedure Code on the ground that the po...
Annappa Sidappa Nargude (Since Deceased by His Lrs Nemu Bhima Nargude ...
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(2)ALLMR1057; 2003(2)MhLj497
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 Maharashtra Revenue Tribunal, Pune dated 16th October 1967 in Revision No. MRT KP IX 17/65 (TEN AP 439/65). The land in question being Survey No. 34, admeasuring 17 Acres 29 gunthas situated at village Yadav in Taluka Shirol, District Kolhapur. The subject land was given on lease to the predecessor of the Petitioners by written lease deed dated 19-12-1863 by the predecessor of Respondents i.e. landlords thereof. The relevant clause which would govern the contention raised before this Court in the said lease deed reads thus:-^^lnjgw tfeuhr vkEVh foghj 10 lkYps vku dkkM >qMqi oxSj mRiUu d: R;klqUnk ekudh vkeph vkrs R;kuj rqepk ukljk ukghA**The English translation of this clause which has been done with the assistance of Counsel appearing for both the parties and which is acceptable to them read thus:'In the said land we shall dig a well within ...
Godrej Industries Ltd. Vs. Asstt. Collector of C. Ex. Overruled
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(161)ELT68(Bom)
H.L. Gokhale, J.1. The petitioner is a public limited company engaged in the manufacture of a variety of cosmetics and toilet preparations including liquid hair dyes amongst other products. Respondent No. 1 to this petition is the then Assistant Collector of Central Excise functioning under the Central Excises and Salt Act, 1944 ('the Act'' for short) whose notices and decision of the year 1983 holding one of the products of the petitioners, namely hair-dyes to be hair lotions under Tariff Item No. 14F of the First Schedule to the Act as it then existed (and consequent demands of duty) are under challenge in this writ petition. Respondent No. 2 is the Union of India.2. Mr. Shroff appears for the petitioner and Mr. Sethna appears for the respondents.3. Brief facts of the dispute :Cosmetics and toilet preparations are liable to excise duty under Tariff Item 14F. This item, as it stood prior to 1st April, 1985, had a particular wording and the said wording has been changed subsequent to 1...
MohasIn Ali Muneer Ali Sayyed Vs. Chief Executive Officer, Zilla Paris ...
Court: Mumbai
Decided on: Sep-17-2002
Reported in: 2003(2)BomCR760
V.M. Kanade, J.1. The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India and is seeking in appropriate writ or order to direct the respondent to provide suitable job to the petitioner on compassionate ground.2. The petitioner's father was in the employment of respondent as Clerk-cum-Cashier for about 10 to 11 years in Class-III category. He died while he was in employment on 13-6-1975. The petitioner, at that time, was nine years old. The petitioner, after attaining the age of majority, submitted representation to the respondent requesting it to provide him a suitable job. It is the case of the petitioner that his application/representation was rejected by the respondent on the ground that this application was not made within five years after his father expired and is, therefore, the same cannot be considered. The said representation of the petitioner was rejected by communication dated 19-8-1987. The petitioner has filed this petition in the yea...
Tata Hydro Electric Power Supply Vs. Commr. of Cus. Acc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-16-2002
Reported in: (2003)(161)ELT1028Tri(Mum.)bai
1. The appellants herein imported a consignment of 11 packages of Turbo Generator components against 5 invoices and paid duty on the goods based upon assessment of the bill of entry and cleared the goods subsequently. After clearance they detected shortage and filed a refund claim. The claim was rejected by the Assistant Commissioner (Refund) as unsubstantiated as the shortage was noticed after the goods reached the factory premises of the importer and was not detected prior to the out-of-charge order passed by the customs authorities. The lower appellate authority has upheld the Assistant Commissioner's order and hence this appeal. I heard both sides. I find that Commissioner (Appeals) has noted that the packing list at the time of original import showed that the item was not shipped. This is also recorded in the surveyors certificate. Since the short shipment is evident from the packing list, the importer should have got the package re-examined under customs supervision and should n...
Commissioner of Customs Vs. Nyk Bearings Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-16-2002
Reported in: (2003)(159)ELT861Tri(Mum.)bai
1. NYK Bearings Ltd. the respondent to this appeal, imported a consignment of components of ball bearings and filed a prior entry on 6.9.1996 for their clearance. On 11.9.1996 the duty payable on these components was altered by issue of notification 72/96 and became higher as a result of such amendment that the duty that was paid earlier. The department therefore sought to apply to the bill of entry that has been filed the revised rate of duty. The importer contested this holding that, since the vessel which carried the goods had been entered inward prior to 11.9.1996, and therefore it is the rate of duty prior to issue of notification 72/96 that would apply. The department did not accept this contention and the Assistant Commissioner passed an order holding the rate of duty as contained in notification applicable. The importer appealed this order. The Commissioner (Appeals) noted that the vessel has been brought by the officers of the customs on 11.6.1996 and discharge of cargo comme...
Jewel of India Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-16-2002
Reported in: (2003)87ITD527(Mum.)
1. This appeal of the assessee is directed against the order of the CIT-18, Mumbai which he passed under Section 263 of the Act on 27-3-2002. The various grounds of appeal taken up by the assessee are regarding the validity of the order passed under Section 263 of the Act. According to the assessee, the learned CIT erroneously assumed office under Section 263 of the Income-tax Act, 1961 in passing the impugned order under Section 263 dated 27-3-2002 which is ab initio void, illegal and bad in law and liable to be annulled. The assessee is a partnership firm. Two limited companies (i) Sun-n-Sand Hotel Pvt.Ltd. and (ii) Paramount Hotels Pvt. Ltd., are partners with 66.67% and 33.33% profit/loss sharing ratio respectively. Sun-n-Sand Hotel (P.) Ltd., is the managing partner. The partnership commenced from 7th April, 1987.2. In 1986, Sun-n-Sand Hotel (one of the partners of the assessee firm) was negotiating with M/s. Nehru Centre, Worli for conducting restaurant and catering business in ...
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