Mumbai Court August 2008 Judgments
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Voltas Limited Vs. Umed Singh Bajetha and anr.
Court: Mumbai
Decided on: Aug-25-2008
Reported in: [2008(119)FLR532]; (2009)ILLJ576Bom
S.A. Bobde, J.1. The petitioner has challenged the judgment of the Industrial Court under Section 28, Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as 'MRTU & PULP Act'. By the impugned judgment, the Industrial Court has allowed the respondent No. 1's complaint and held that the petitioner is liable to pay full wages to the complainant for the period of his suspension with effect from April 12,2000 after adjusting the payment already made and credit his P.F. account.2. The dispute between the parties arose out of disciplinary proceedings initiated by the petitioner against the respondent No. 1. For the period of suspension, the petitioner paid full wages to the respondent No. 1. Later on, the petitioner realised that it had paid more than the respondent No. 1 was entitled to. According to the petitioner, the respondent No. 1 was entitled only to payment in accordance with the Industrial Em...
Allabux Abdul Pirjade and anr. Vs. Jyoti Mohan Gohil and anr.
Court: Mumbai
Decided on: Aug-25-2008
Reported in: 2009ACJ2803
V.C. Daga, J.1. Heard learned Counsel for the rival parties. Perused petition.2. This petition is directed against the order dated 21.12.2005 passed on application moved by petitioners being M.A. No. 397 of 2004 whereby the petitioners were seeking to convert their application filed under Section 166 of Motor Vehicles Act, 1988 ('the Act' for short) to that of Section 163-A of the said Act, so as to enable them to restrict their claim to Rs. 2,04,500.3. Mr. M.B. Kotak, the learned Counsel appearing for petitioners placed reliance on the judgment of Karnataka High Court in the case of Guruanna Vadi v. General Manager, Karnataka State Road Trans. Corporation : 2001 ACJ 1528 (Karnataka), wherein the High Court ruled that there is no prohibition in the provisions of the Act from switching over the claim made under Section 166 to Section 163-A of the Act.4. The learned Counsel, appearing for the respondent No. 2 though opposed this application but could not take his opposition to the logica...
Commissioner of Income Tax Vs. Maina Ore Transport Pvt. Ltd.
Court: Mumbai
Decided on: Aug-22-2008
Reported in: 2008(6)BomCR52; (2008)218CTR(Bom)653
Santosh Bora, J.1. By this reference under Section 256(1) of the Income Tax Act 1961, the Income Tax Appellate Tribunal, Panaji Bench, Goa, (Tribunal for short) has referred the following questions of law for the opinion of this Court at the instance of the Revenue:(1) Whether the I.T.A.T. Was justified in holding that the ex-gratia payment in excess of the limits prescribed under the Payment of Bonus Act either under Section 36(1)(ii) or Section 37(1) of the Act, is allowable as business expenditure.(2) Whether the I.T.A.T. was justified in holding that exgratia amount paid over and above the amount paid as per Bonus Act was an allowable expenditure although the payment did not cover contractual payment or customary payment.2. Factual factors:The assessee, a company earns income from hiring of trucks, dumpers and barge. The assessment year is 1993-94. The respondent has made payment of ex-gratia in the sum of Rs. 2,37,702/- to its employees (in excess of the limits of 8.33% under the ...
Mahatma Gandhi Missions Institute Through Its Directorate Suryabhan Ap ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: 2008(5)ALLMR878; 2008(5)BomCR545
Swatanter Kumar, C.J.1. The law is essentially mutable and requires to mould itself with the changing need of the society. In some spheres, the laws emerge from values, discipline and progression of the society as a whole. The laws normally emerge from the need of the social fabric and they meliorate for the betterment, development and progression of laws as well as administrative governance. Sometimes, the law changes by amendments or new enactments as the Legislatures feel credulous of such change. It is equally settled cannon of civil jurisprudence that the Legislative law leaves sometimes either the field of law untouched or the enacted law leaves vacant or gray areas which then are supplied by judicial pronouncements. This necessity arises not as a concept of judicial activism but more out of a need to fill up the lacuna or supply the gaps left by the Legislature primarily to ensure due protection against arbitrary administrative action and also to ensure that actions are in confo...
Set Satellite (Singapore) Pte Ltd., a Company Incorporated and Registe ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: (2008)110BOMLR2726; 2008BusLR850(Bom); (2008)218CTR(Bom)452; [2008]307ITR205(Bom)
F.I. Rebello, J.1. This is an Appeal by the assessee against the order of ITAT dated 20th April, 2007 in respect of assessment year 1999-2000. According to the Appellant it is a resident of Singapore and has business activities in India. Undisputed fact is that, the Appellant through its dependent agent in the form of SET India (P) Limited, is carrying on marketing activities in India for advertisement slots by canvassing advertisements in India. It filed its return of income on 30th December, 1999 declaring its income at Nil. On 5th March, 2001 they filed revised return of income declaring business income of Rs.13,58,43,976/-. Along with the return it was submitted that it did not have any tax liability in India as it did not have a permanent establishment and that its dependent agent was remunerated on an arm's length basis. As this income from various activities had been assessed to tax in the hands of SET India, there could not be further assessment of income in the hands of the Ap...
The Dadasaheb Rawal Co-op. Bank of Dondaicha Ltd. Through Its Holder o ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: (2008)110BOMLR3038; 2009CriLJ67; 2009(2)MhLj558
V.R. Kingaonkar, J.1. Challenge in this revision petition is to judgment dated 19th June, 2006 rendered by learned Ist Adhoc Additional Sessions Judge, Dhule, in Criminal Revision Application No. 61/2006 whereby and where under process issued against respondent Nos. 1 and 2 for offence punishable under Section 138 of the Negotiable Instruments Act vide order dated 20th August, 2005 by learned Judicial Magistrate (F.C.), Dondaicha, came to be quashed.2. The petitioner is a Cooperative Bank. An amount of Rs. 15 lacs was borrowed for and on behalf of M/s New Sheetal Traders. The petitioner - Bank filed a private complaint case (S.T.C. No. 311/2005) in the Court of Judicial Magistrate (F.C.) at Dondaicha against M/s New Sheetal Traders, Sheetal Ramesh Jain and the respondent Nos. 1 and 2. There is no dispute about the fact that original accused No. 2 Sheetal is the son of respondent Nos. 1 and 2. The petitioner asserted that M/s New Sheetal Traders is a firm of Undivided Hindu Family (UHF)...
Smt. Prakashkumari Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Aug-22-2008
Reported in: (2008)219CTR(Bom)569; [2009]177TAXMAN350(Bom)
Anoop V. Mohta, J.1. The present petition is against an order whereby respondent No. 1 refused to exercise jurisdiction under 273A of the IT Act, 1961 (for short 'Act') for waiver of interest under Sections 139(8) and 217 of the Act for income-tax asst. yrs. 1983-84 to 1985-86.2. The petitioner being co-owner received rental income from the property during the relevant years. The petitioner voluntarily filed his (sic her) income-tax returns for the above years before receipt of any notice under Section 139(2) or 148 of the Act. The petitioner filed a petition on 4th May, 1988 under Section 273A for waiver of interest charged and for waiver of penalties and restricted the same only for years 1983 to 1986. The petitioner had made full payment of taxes on the income as assessed but not paid interest as an application was filed for waiver of the interest. The respondent, however, by order dt. 24th May, 2001, rejected the petitioner's application.3. This Court in Writ Petn. No. 311/1996, Va...
Akola Zilla Parishad Primary Teachers' Co-operative Credit Society Ltd ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: 2008(6)ALLMR141; 2008(6)MhLj580
A.P. Lavande, J.1. Heard Mr. A.H. Patil, learned Counsel for the petitioner, Mr. T.A. Mirza, learned A.G.P. for respondent No. 1 and Mr. A.M. Gordey, learned Counsel for respondent No. 2 in Writ Petition No. 5259/07 and Mr. A.M. Ghare, learned Counsel for petitioner, Mrs. A.R. Taywade, learned A.G.P. for respondent No. 1 and Mr. A. M. Gordey, learned Counsel for respondent No. 2 in Writ Petition No. 4349/07.Rule. Heard forthwith.2. Both these petitions are being disposed of by common order since in both these petitions the challenge is to the order dated 8-11-2006 passed by the Ministry for State for Co-operation, Marketing and Textiles in Revision No. 167/06 referred by respondent No. 2 by which orders dated 24-4-2006 and 31-1-2005 passed by respondents 1 and 2 in the revision application have been set aside.3. Briefly, the facts relevant for disposal of the present petitions are as under:The respondent No. 2 is a Co-operative Bank registered under the provisions of the Maharashtra Co...
Indian Hume Pipe Co. Ltd. Vs. Deputy Commissioner of Income Tax and or ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: (2008)220CTR(Bom)444; [2009]311ITR146(Bom)
S.J. Kathawalla, J.1. In the present appeal the appellant (assessee) has impugned before this Court the order passed by the Tribunal dt. 27th May, 1999 pertaining to the asst. yr. 1985-86. The substantial question of law on which the appeal is admitted by this Court is as under:Whether the company was entitled to claim deduction as business expenses in respect of conditional donations made to an engineering college to secure admissions to the children of the employees of the assessee company?The relevant facts arising in the present appeal are as under:(i) The assessee is a company engaged mainly in the business of manufacture and sale of RCC pipes and steel pipes etc. required for water supply and drainage system. In its return of income for the asst. yr. 1985-86, the assessee had claimed deduction of Rs. 10,00,000 towards staff welfare expenses. According to the assessee, the said amount was paid by the assessee as a conditional donation to SAPDJ Pathshala, Solapur (hereinafter refer...
Vinod R. Kholkar and anr. Vs. State of Goa Through Chief Secretary and ...
Court: Mumbai
Decided on: Aug-22-2008
Reported in: 2008(6)MhLj584
1. Heard Shri Sonak, appearing for the appellants, Mr. Rivonkar, Government Advocate, appearing for respondent No. 1 and Shri Tamba, appearing for respondent No. 3. Presence of respondent No. 2 is not necessary for disposal of the appeal.2. The appellants are the original petitioners who had preferred the above Writ Petition in this Court challenging an Order dated 1-6-2006 passed by Dy. Director of Panchayats (N) Goa, Panaji, and an Order made by the Director of Panchayats in Appeal No. 18/07. The Orders which were impugned in the Writ Petition were passed under the Goa Panchayats Raj Act, 1994.3. The Dy. Director of Panchayat had passed an Order under Section 66(5) of the said Act at the instance of the respondent No. 3/original appellant.4. Respondent No. 3 had filed a complaint with regard to illegal construction of shop No. 212 by the present petitioners/appellants before us. The property concerned was surveyed under Survey No. 57/4 of Village Orgao, Ponda Taluka.5. The complaint ...
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