Mumbai Court February 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jayant Vegoils and Chemicals (P.) Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-05-2009
Reported in: [2009]181TAXMAN260(Bom)
1. The question which has been referred to us under Section 256 of the Income-tax Act is as follows:Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessee's case clearly attracted the application of Section 271(1)(c) of the Income-tax Act, 1961 and as a sequel thereto confirming the penalty and further giving directions to the Income-tax Officer that the quantum be worked out as per the tax ultimately fixed by the ITAT in assessee's quantum appeal2. The assessment year to which the question pertains is 1980-81.3. The penalty under Section 271(1)(c) was imposed on 3 items which are as under:(i) Disallowance of claim of liability on account of L/C opened with Andhra Bank Rs. 9,75,876(ii) Disallowance of claim of liability on account of L/C opened with UBI Rs. 28,89,093(iii) Disallowance of fine in lieu of confiscation of goods paid Rs. 14,25,000.4. As far as item No. (i) which pertains to disallowance o...
Suresh Badrinarayan Somani Vs. the State of Maharashtra Through Secret ...
Court: Mumbai
Decided on: Feb-04-2009
Reported in: 2009(111)BomLR1092
S.S. Shinde, J.1. Rule. Heard forthwith with the consent of parties.2. This application is filed for anticipatory bail in connection with Crime No. 216/2008 registered at Chalisgaon Police Station for the offences punishable under Sections 406, 408, 409, 420, 465, 468, 471, 120-B, 201, 34 of Indian Penal Code.3. It is the case of the applicant that the applicant and his family members are residing at the address given in the title clause of the application. He has deep roots in the society. He has never involved in any criminal matter except the present one. He has good reputation and he has held high esteem in his area. His arrest and detention will perpetually harm his hard earned reputation and image would be lowered down.4. That, the Chalisgaon Peoples Co-operative Bank Ltd. is a Co-operative Society, having license to do business of Banking. That, the affairs of the Bank are looked after by its Chairman and the staff including General Manager. That, the Directors are only police m...
Karan Associates Vs. Commissioner of Customs (import)
Court: Mumbai
Decided on: Feb-04-2009
Reported in: 2009(4)BomCR811; 2009(111)BomLR1309; 2009(163)LC93(Bombay); 2009(236)ELT23(Bom)
J.P. Devadhar, J.1. This appeal is directed against the order of the CESTAT dated 15/2/2008. According to the appellant, following questions of law arise out of the order of the tribunal dated 15/2/2008:(a) Whether the judgment of the Hon'ble Supreme Court in Priya Blue case applies in cases where there is no speaking order of the assessing authority revising the declared value of the imported goods?(b) If the answer to the first question is in the negative, then in that event, should the Appellate Tribunal have applied the ratio of the judgment in the T.E.L.C.O. Ltd. case to the facts of the present appeal?(c) Whether the failure of the assessing authority to issue a speaking order and denying to the aggrieved party an opportunity of being heard prior to reassessment, negates the substantive right to appeal of the aggrieved party?(d) In the event that the assessing authority does not issue a speaking order and does not afford the aggrieved party an opportunity of being heard while rej...
Shri Prabhakar S/O Gangadhar Hejib and Laxmikant S/O Shankarrao Zade V ...
Court: Mumbai
Decided on: Feb-03-2009
Reported in: 2009(111)BomLR624
R.C. Chavan, J.1. These appeals are directed against appellants' conviction for various offences and sentences imposed upon them for those offences by the learned 2nd Additional Chief Judicial Magistrate, Nagpur, in Criminal Case No. 374 of 2002.2. In the year 1999, a scandal of bogus degrees, mark-sheets and unwarranted increase of marks in revaluation at various examinations conducted by the Nagpur University surfaced. The University authorities reported the matter to police, whereupon Crime No. 194 of 1999 was registered on 24-3-1999 on the complaint of Shri Prakash Mistry. Two other crimes were also reported. In course of investigation of these crimes, some more matters surfaced. On 21-6-1999, on a report by Shri Prakash Mistry, Crime No. 346 of 1999 was registered against some students of the University. Eventually, in Crime No. 348 of 1999, Shri Prakash Mistry was himself arrested by the police. Investigation into the crimes was conducted by PI Sayyad and after him by PSI Anil Lo...
The Mahal Masjid Trust, a Public Trust, Duly Registered Under Bombay P ...
Court: Mumbai
Decided on: Feb-03-2009
Reported in: 2009(111)BomLR1220
J.H. Bhatia, J.1. Petitioner is a registered public trust and petitioner No. 2 is its Secretary. Respondent No. 2 Abdul Wahab was a tenant in occupation of block No. 8 in building bearing Municipal House No. 136/0+8, situated at Nagarkhana road, Mahal, Nagpur. Respondent No. 2 filed an application under Clause 13 (7) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949 (For short 'Rent Control Order') for restoration of the said shop to him. According to respondent No. 2, he was occupying the said shop at monthly rent of Rs. 350/- per month. The petitioners/landlords requested him to vacate shop No. 8 to allow them to store construction materials as first floor of the building was going to be constructed soon. Assurance was given to restore the possession of the said shop to him after completion of construction. On the basis of assurance, respondent No. 2 claims to have vacated the said shop in favour of the landlords. The petitioners demolished certain portion of the...
Ganpat Ashruba Koli (Since Deceased) His L.Rs. and ors. Vs. State of M ...
Court: Mumbai
Decided on: Feb-03-2009
Reported in: 2009(3)BomCR830; 2009(4)MhLj180
Borkar P.R., J.1. This is a writ petition filed by original encroacher-Ganpat Ashruba Koli for regularization of encroachment made by him in view of Government Resolution dated 12th September, 1979, produced at Exh. 'B' with the petition and to give directions to the respondents not to dispossess the petitioner from Survey No. 46 (Gat No. 220) of village Vasadi, Tal. Kannad and to quash and set aside order dated 3.2.1988 whereby the petitioner was informed that his encroachment cannot be regularized as the land is 'Khalwadi' (land used for threshing harvest).2. The facts giving rise to this petition may be stated as below:Original petitioner Ganpat Ashruba Koli was resident of village Vasadi, Tal. Kannad, Dist. Aurangbad. He claimed that he had been in possession of Survey No. 46 (Block No. 220) since the time of his forefather. They have been cultivating the land. Since they have made encroachment over the said Government land, as per G.R. dated 12.9.1979, he is entitled to have the e...
Force Motors Limited (Formerly Known as Bajaj Tempo Ltd.) Vs. Poona Em ...
Court: Mumbai
Decided on: Feb-02-2009
Reported in: 2009(2)BomCR5; 2009(111)BomLR1058; [2009(121)FLR662]; (2009)IIILLJ455Bom
Bilal Nazki, J.1. These two writ petitions have been filed by the petitioners challenging the same order, therefore they are being disposed of by the common judgment and order. The Writ Petition No. 2907 of 2006 is filed by the Company while Writ Petition No. 2878 of 2006 is filed by the Union. For the purpose of reference to contesting parties, reference is made to the Writ Petition No. 2907 of 2006.2. The order challenged in both the petitions is dated 22nd March, 2006 passed by the Industrial Court, Pune on an application made by respondent No. 1 Union under Section 14 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the MRTU & PULP Act'). By the impugned order, the Industrial Court cancelled the status of recognised Union of respondent No. 2 and granted recognition to respondent No. 1 Union in respect of the Company - Bajaj Tempo Limited, Akurdi, Pune. So the union which was earlier recognised has filed on...
Maharashtra State Road Transport Corporation, Through Its Divisional C ...
Court: Mumbai
Decided on: Feb-02-2009
Reported in: 2009(2)BomCR1; 2009(111)BomLR1296; (2009)IILLJ611Bom; 2009(2)MhLj489
J.H. Bhatia, J.1. Respondent No. 1 was appointed as Helper at Rajura Depot under Chandrapur Division of petitioner-Maharashtra State Road Transport Corporation. According to the petitioner, on 19.02.1996, respondent No. 1 unauthorisedly drove a Bus and dashed against Diesel Pump thereby causing loss and serious disruption in supply of diesel to other buses and vehicles. It adversely affected normal schedule of buses causing great inconvenience to the passengers and financial loss to the Corporation. On 09.03.1996, charge-sheet was served on him for serious misconduct. After holding Departmental Enquiry, the competent Authority passed an order on 30.06.1996 holding respondent No. 1 guilty for serious misconduct and imposed penalty of reduction of basic pay by three stages with cumulative effect. That order was challenged by respondent No. 1 before appellate Authority. The appellate Authority, by its order dated 20.09.1996, dismissed the appeal and confirmed the order passed by the compe...
Vijay K. Mehta, Vs. Charu K. Mehta and ors.
Court: Mumbai
Decided on: Feb-02-2009
Reported in: 2009(111)BomLR1038
ORDERA.M. Khanwilkar, J.1. This Writ Petition takes exception to the decision of the Joint Charity Commissioner (hereinafter referred to as 'the JCC' for the sake of convenience), Greater Mumbai, Region Mumbai dated 10th October 2008 passed on Application (Exhibit 2), whereby, pending enquiry of charges, the five trustees (including the present three Petitioners) have been suspended in exercise of powers under Section 41D(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the Act'). This Petition has been finally heard at the admission stage, by consent.2. The moot question that needs to be addressed in this Petition is: whether the exercise of powers under Section 41D(3) of the Act by the JCC can be said to be just and proper in the fact situation of the present case?3. The background in which the present matter arises is that the Respondent No. 1 filed Application before the JCC for initiating action under Section 41D of the Act against nine trustees of the Lilavat...
Laxmibai Sonsheth Ambole, President, Deshi Makkhan Vyapari Sangh (Regd ...
Court: Mumbai
Decided on: Feb-02-2009
Reported in: 2009(3)BomCR822; 2009(111)BomLR1226
Bilal Nazki, J.1. This is a matter which is a sad reflection on certain aspects of the judicial system of this country. Coming up this matter before us was a very sad experience in our long association with the judiciary as we must admit that we were not aware as to what abuse judicial prosecution can be put and to what extent the system would fail in checking the abuse of process of law.2. The original suit being Suit No. 284 of 1966 was filed before the High Court in the year 1966. It remained pending with the High Court till the year 1970. On 10th April, 1970 the High Court (Mr. Justice Kantawala, as His Lordship then was) transferred the suit to the Bombay City Civil Court in view of the provisions of Section 6(2)(ii) of the Maharashtra Act, 1970 known as Bombay Court Fees Act. The suit was renumbered in the Bombay City Civil Court and then trial started. Now this matter has come back to the High Court after 42 years on a reference made by the Judge of the Bombay City Civil Court i...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- Next ›
- Last »