Mumbai Court January 2008 Judgments
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Malegaon Nagar Palika Vs. Vasant Nathu Kale and 125 ors.
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(3)ALLMR334; 2008(2)BomCR750; [2008(117)FLR158]; 2008(4)MhLj318
B.H. Marlapalle, J.1. 126 daily rated casuals appointed by the petitioner -Municipal Council had approached the Labour Court at Nasik by filing individual applications registered as Application (IDA) Nos. 483 to 608 of 1985 under Section 33C(2) of the Industrial Disputes Act, 1947 (for short the Act) and all these applications have been allowed by the impugned common judgment and order dated 31/12/1994. The applications were made on two grounds, namely, (i) the applicants were performing the same work as assigned to and discharged by the regular employees of the Municipal Council and, therefore, on the basis of 'equal pay for equal work' they were entitled for the same monetary benefits as were applicable to the regular employees in the respective grades/jobs and (ii) that the Bhole Pay Commission recommendations as well as the award passed by the Industrial Tribunal in Reference (IT) No.31 of 1983 on 29/3/1984 and published by the State Government in its Gazette dated 15/11/1984 as we...
The Commissioner of Income Tax Vs. Saumya Finance and Leasing Co. (P) ...
Court: Mumbai
Decided on: Jan-23-2008
Reported in: (2008)215CTR(Bom)359; [2008]300ITR422(Bom)
R.S. Mohite, J.1. The two questions of law, sought to be raised by the appellant in the appeal are as set out in paragraph 5 of the memo of appeal and are as under:(i) Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal was justified in dismissing the appeal of the Revenue by relying upn its own order vide ITA No. 462/Mum/2002 dated 10.05.2002 in the case of M/s. Silvassa Industries (P) Limited and directed the A.O. to allow the deduction Under Section 80M of the I.T. Act of Rs. 2,19,97,105/as against Rs. Nil ?(ii) Whether on the facts and in the circumstances of the case and in law the Hon'ble Tribunal is correct in law in allowing deduction Under Section 80M of the I.T. Act of Rs. 2,19,97,105/for A.Y. 199798 even though the dividend distributed is Interim Dividend related to A.Y. 9899 ?2. The brief facts of the case are as follows:(a) During the financial year 199697, Assessee Company filed a return which included dividend income of Rs. 2,69,16,...
Maroti Son of Ramchandra Parsutkar and Anandrao Son of Ramchandra Pars ...
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(3)ALLMR175; 2008(3)BomCR179
A.H. Joshi, J.1. This Court had issued notice of final disposal. 2. Hence Rule. Heard by consent. 3. Petitioners' application for amendment of Written Statement in answer to the Counter-claim has been rejected. Petitioners challenge the said order in the present petition. 4. By the amendment proposed, petitioners are inducting a plea that they being tenants of agricultural land, defendants' counter-claim for a decree of delivery of possession is not maintainable. The plea now being brought into the Written Statement relates to a jurisdictional fact. Under Section 124 of the Bombay Tenancy & Agricultural Lands Act [Vidarbha Region], the Civil Court cannot entertain and decree a suit for delivery of possession of agricultural land held by a tenant. 5. Prayer for amendment is opposed on the grounds that:[a] it will delay the disposal of suit, [b] amendment will call for an issue of tenancy which will have to be referred to Tenancy Tribunal and this will indefinitely delay the trial, and [...
Sadguru Caterers, a Partnership Firm and Ali Mohamad Mangukhan Vs. Has ...
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(5)BomCR230; 2008(4)MhLj725
J.H. Bhatia, J.1. To state in brief, the present petitioners are the original defendants and the respondent is the original plaintiff. Admittedly, the defendants had taken the suit property on rent under a lease deed dated 30.3.1970 from one Abdul Sattar Haji, who was the owner of the said property. The building was taken on rent for running a hotel and lodge. The original landlord Abdul Sattar expired and after his death, Hashmatbi, who was the legal heir of the original landlord, filed the suit for eviction and possession against the defendants. The main contention of the plaintiff was that the defendants had made additions and alterations of permanent nature in the building which was taken on rent and, therefore, they are liable to be evicted under the Bombay Rents, Boarding & Lodging House Rates Control Act, 1947 (for short, 'Bombay Rent Act').2. The suit was contested by the defendants contending that as per the terms of the lease deed, there is no complete prohibition from making...
Ramnord Research Laboratories (P) Ltd. Vs. Wealth Tax Officer
Court: Mumbai
Decided on: Jan-23-2008
Reported in: (2008)215CTR(Bom)295
1. According to the learned Counsel the premises would not fall within the meaning of assets under Section 2(ea) of the WT Act, 1957. Learned Counsel relied on the following:any house which the assessee may occupy for the purposes of any business or profession carried on by him.2. It has come on record that the said premises have been given on leave and licence by the appellant to Citibank. It is sought to be contended that from the terms and conditions under for the purpose of occupation Citibank had to take permission of the appellant herein. The requirement to exclude the house from the definition of assets is the appellant occupies the premises for the purpose of business carried on by them. Admittedly in respect of the said premises the appellant is not occupying the premises for any business or profession carried on by them. The Tribunal, therefore, was right in coming to the conclusion which it arrived at.3. Alternatively it is submitted that considering the provisions of Sectio...
Rajendra P. Singh Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(4)BomCR868; 2008(3)MhLj860
S.C. Dharmadhikari, J.1. I had dismissed this petition and the order dated 23-1-2008 reads thus:For the reasons separately recorded the petition is dismissed.2. The reasons for dismissing the Writ Petition are these:The Writ Petition is directed against an order dated 18-12-2007 which has been passed by the Appellate Authority namely Minister of Home, Government of Maharashtra. By the order delivered on 18-12-2007, the Appellate Authority has dismissed the petitioners' Appeal and confirmed the order passed by the Deputy Commissioner of Police, Greater Bombay dated 10-9-2007.3. The petitioner contends that he is running a Restaurant as a Proprietor. The proprietary business is conducted in the name and style of M/s Jay Hotels at Ram Mandir Road, Goregaon (West), Mumbai-400 062. The case of the petitioner is that he commenced this business in 1993-1994 after obtaining requisite licenses under the Bombay Police Act, Bombay Prohibition Act, so also, other applicable Acts. Insofar as, polic...
Bismilla Abidulla Ansari and anr. Vs. Kishorkumar N. Shah and anr.
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(5)BomCR252; 2008(4)MhLj792
Abhay S. Oka, J.1. The submissions of the learned Counsel appearing for the appellants were heard on the last date and the judgment was reserved. The appellants have taken exception to the judgment and award dated 1st October, 1991 passed by the learned Member of the Motor Accident Claims Tribunal, Thane. The appellants are the original claimants in Motor Accident Claim No. 128 of 1985. They applied for compensation on account of death of one Mohamad Yakub Bismilla Ansari in an accident. The appellants are the parents of the deceased. It will not be necessary to refer to the details of the accident as finding recorded by the Tribunal on the point of negligence of the driver of the vehicle involved in the accident is not subject-matter of challenge. The Tribunal held that the appellants were entitled to compensation. The compensation amount was quantified by the Tribunal at Rs. 33,000/- (inclusive of No Fault Liability) together with interest at the rate of 10% per annum from the date o...
Vijay Arora and anr. Vs. Eastern International Hotels Limited
Court: Mumbai
Decided on: Jan-23-2008
Reported in: 2008(5)BomCR880
Khanwilkar A.M., J.1. By this petition it is prayed that the respondent company be ordered to be wound up under the direction and supervision of this Court under the provisions of Companies Act, 1956 and to appoint Official Liquidator to take charge of all the assets and affairs of the company and to conduct its affairs in due course of winding up and distribute its assets in accordance with law. The title of the petition indicates that the above said relief is claimed in terms of Sections 433(b), 433(f) and 433(g) of the Companies Act, 1956 (hereinafter referred to as 'the Said Act' for the sake of brevity').2. Having perused the pleadings and documents on record and considering the rival submissions, I shall straight way proceed to deal with the preliminary objection raised on behalf of the respondent company.3. According to the respondent company, the present petition is filed with mala fide intention or motive. To make good its contention, the respondent is relying on certain circu...
Sayani and Sons and ors. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-22-2008
Reported in: (2008)(128)ECC111
1. In the above first 4 cases, stay applications have been filed for stay of operation of the impugned order of suspension of CHA licences, which have been rejected, as no grounds for exercise of our inherent power have been made out. However, we take up the appeals themselves for final hearing.2. In all the above cases, CHA licences of the appellants have been suspended in terms of Regulation 20(2) of the CHALR 2004 for involvement of the appellants in large scale fraudulent duty free import and clearance of Brass Scrap, Dry Fruits, Chemicals, Tin Sheets etc. on the basis of fictitious Space Certificate and re-warehousing certificates and other documents.3. We have heard both sides against the suspension. We find that the imports in these cases were made between 2003-2006 (except in the case of Delta Logistics where the import was made in 2002). The involvement of the CHAs was communicated to the Commissioner of Customs by DRI letters dated 12.4.2006, 22.5.2006 and 9.9.07. This being...
Mr. Joseph Sequeira, Member, V.P. Calangute and ors. Vs. Block Develop ...
Court: Mumbai
Decided on: Jan-22-2008
Reported in: 2008(4)ALLMR656; 2008(3)BomCR111; 2008(3)MhLj178
N.A. Britto, J.1. Heard learned Counsel on behalf of the parties.2. The petitioners, in this petition, filed under Article 226 of the Constitution, inter alia, seek a writ or direction, directing respondent No. 1 to convene a meeting to consider the notice of no confidence motion delivered on 26.10.2007.3. Some facts are required to be stated to dispose of this writ petition. Respondent No. 6-Village Panchayat of Calangute consists of 11 elected members. After the last elections held in May, 2007, respondents No. 4 and 5 came to be elected as Sarpanch and Dy. Sarpanch, respectively. Thereafter, the petitioners, a group of six members, gave a notice of no confidence motion dated 25.9.2007 which came up for consideration at the meeting held on 1.10.07. The minutes of the said meeting show that the said no confidence motion was carried by 6 votes in favour and 5 against, but the said resolution became the subject-matter of proceedings taken before respondent No. 2-Director of Panchayats a...
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