Mumbai Court March 2009 Judgments
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Patel Corporation, a Partnership Firm and Bhikha Gulabchand Patel Vs. ...
Court: Mumbai
Decided on: Mar-03-2009
Reported in: 2009(111)BomLR1637
S.J. Vazifdar, J.1. The petitioning creditor seeks an order of adjudication of insolvency against debtor no 1 in the first petition and against debtor No. 2 in the second petition. Debtor No. 1 is M/s. Patel Corporation, a partnership firm of which debtor No. 2, Bhikha G. Patel, and his brother Suresh Patel were partners.2. By an order and judgment dated 20.1.2005 in Summons for Judgment No. 100 of 2004 in Summary Suit No. 4082 of 2003 this Court passed a decree against the debtors and the said Suresh Patel in the sum of about Rs. 57,60,388 together with interest at 12% per annum on the principal sum of Rs. 40,00,000.3. Suresh Patel challenged the said decree by filing Appeal No 814 of 2005. The Appeal Court has stayed the decree against Suresh Patel subject to the condition of his depositing Rs. 20,00,000 which he did.4. On 19.4.2008 the petitioning creditor took out Insolvency Notice N/22 and served the same upon the debtors. Only debtor No. 2 took out a Notice of Motion for setting ...
Bhanudas S/O Madhavrao Deshmukh and Sanjay S/O Sushilkumar Deshmukh Vs ...
Court: Mumbai
Decided on: Mar-03-2009
Reported in: 2009(4)BomCR404; 2009(111)BomLR1959
K.U. Chandiwal, J.1. Modern Education Society, Parli Vaijnath, was formed on 7.8.1971. There were 12 trustees and the Trust Scheme, by amendment dt.1.9.1984, put a cap & ceiling on number of General Body members to be 12. It is a matter of record, now only one Trustee Shri Bhanudas (appellant) is alive. One of the applicant Rajesaheb expired in Nov., 2007 and another Trustee Shamrao expired on 6.11.2005. The Scheme of Trust provides for coram of 5 trustees, if changes are to be effected in the Trust.2. Rajesaheb Deshmukh, Shamrao Deshmukh and Nandkishore Jaju made the application to Assistant Charity Commissioner on 24.6.2005, vide enquiry number 722/2005. Bhanudas and others filed objection to the change report. On hearing, the Assistant Charity Commissioner, by order dt.9.3.2006, allowed the application Enquiry No. 722/2005 and framed new scheme and appointed new committee. These orders were tested by Bhanudas and others before Additional District Judge, Ambejogai, in Miscellaneous C...
The New India Assurance Company Ltd. Vs. Smt. Sumitra W/O Balkishan Ma ...
Court: Mumbai
Decided on: Mar-03-2009
Reported in: 2009(3)BomCR83; 2009(111)BomLR1836
P.R. Borkar, J.1. This is an appeal filed by original respondent No. 3 Insurance Company being aggrieved by the judgment and award passed by the learned Ex-officio Member, Motor Accident Claims Tribunal and District Judge, Beed in Motor Accident Claim Petition No. 91 of 1984 decided on 2.11.1990.2. Present respondent Nos. 1 and 2 are the original claimants who had filed Motor Accident Claim Petition No. 91 of 1984 for compensation in respect of death of Balkishan Satyanarayan Mantri. Respondent No. 3 is the driver and respondent No. 4 is the owner of the tractor bearing No. MXV-6818. The tractor was insured with the appellant.3. It is case of the present respondent Nos. 1 and 2 that respondent No. 1 is widow and respondent No. 2 is daughter of deceased Balksihan Mantri. Balkishan Mantri and one Bharat Jaju were proceeding on Spark Moped bearing No. MZY-6163 on 4.6.1984 at about 7.15 p.m. When they were near entrance gate of Girwali Sub-Station, tractor No. MXV-6818 along its trolley wa...
The Bicholim Urban Co-operative Bank Ltd. Under Co-op. Bank of India a ...
Court: Mumbai
Decided on: Mar-02-2009
Reported in: 2009(5)BomCR390; 2009(111)BomLR1148
P.B. Majmudar, J.1. The appellant is the original plaintiff, who instituted a Special Civil Suit No. 22 of 2004 for getting a decree for Rs. 17,25,327.50 with interest from 31-05-1995 till the realization. The said suit was filed on the ground that in the year 1993, the plaintiff decided to appoint staff members and for that purpose, advertisement was issued for the posts of Officer/Clerks/Peons/Watchmen. A public advertisement was given in Navhind Times dated 21-04-1993. The plaintiff constituted a selection assessment and selection committee, comprising of one Anand K. Shetty, who was then the Chairman of the Bank and has subsequently expired, Mr. Dilip K. Kankare, Managing Director/Chief Executive Officer and the present respondent. It was a three members committee which was constituted for the selection of the staff. It is the case of the plaintiff that without considering the proper assessment of the candidates, a merit list was prepared by the selection committee. The selection c...
Hindustan Motors Mfg. Co. Vs. Sadashiv Tuklaram Salunke and ors.
Court: Mumbai
Decided on: Mar-02-2009
Reported in: [2009(121)FLR566]
ORDERS.A. Bobde, J.1. Rule, returnable forthwith. Mr. Shetty for the respondents waives service. Heard by consent.2. In these petitions, the petitioner-employer has challenged the orders of the learned Industrial Court, Mumbai, rejecting the petitioner's applications for restoration of the original complaints to the file.3. The undisputed facts are that in both these petitions, the Industrial Court, in the absence of any appearance on the part of the petitioner, proceeded to decide the respondents' complaints after taking into account the Written Statement and evidence on record. It is not necessary in this case to go into the validity of the reasons or otherwise given by the petitioner for not appearing before the Court because the learned Industrial Court has rejected both the applications on the ground that its order is not an ex parte order and, therefore, the applications for restoration are not maintainable. The learned Counsel for the petitioner submitted on the basis of Section...
Ashok Bhaskar Chaulkar Vs. Central Bank of India Through Its General M ...
Court: Mumbai
Decided on: Mar-02-2009
Reported in: 2009(3)BomCR172; 2009(111)BomLR1646; (2010)ILLJ204Bom; 2009(6)MhLj741
Mridula Bhatkar, J.1. This petition is filed by the petitioner seeking writ of mandamus or any other writs to cancel the order of his termination dated 2.3.2007, passed by the Respondent No. 2- Assistant General Manager, Central Bank of India and the letter dated 30.1.2008 issued by the respondent No. 1 and seeking direction against the respondents to reinstate the petitioner.2. Factual Matrix: The petitioner was appointed in the respondent No. 1 Central Bank on 20.3.1983 as a Clerk from the reserved category. The petitioner, at that time, was having Caste Certificate issued by the competent authority declaring him Mahadeo Koli - Schedule Tribe. After 7 years of service, the petitioner was given promotion to the Post of Junior Manager, Grade-I. However, upon reference made to the Schedule Tribe Caste Certificate Scrutiny Committee for verification, the caste certificate of the petitioner was invalidated by the said committee vide its order dated 8.1.2007. The respondent No. 2 acted upo...
Dudhasingh Bala Chavan Vs. Shri Murlidhar Gyanba Kudale Since Deceased ...
Court: Mumbai
Decided on: Mar-02-2009
Reported in: 2009(3)BomCR165; 2009(111)BomLR1851
A.M. Khanwilkar, J.1. This Writ Petition under Article 227 of the Constitution of India takes exception to the Judgment and decree passed by the VI Additional District Judge, Pune dated 8th February, 1991 in Civil Appeal No. 1048/1988 confirming the Judgment and decree passed by the 7th Additional Judge, Small Causes Court, Pune dated 17th September, 1986 in Rent Act Suit No. 1756/1985 whereby the Respondent-landlord's suit for possession of the suit premises and for recovery of rent of Rs. 170/- for the period from 1-12-1982 to 30-9-1985 is allowed. Although the suit for possession was filed by the Respondent-landlord on different grounds, however, the decree confirmed by the two Courts below is on the ground of arrears of rent within the meaning of Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Act') only.2. The brief facts for considering the controversy in the present petition are that: the suit property is sit...
Gharkul Industries Pvt. Ltd., a Company Registered Under the Companies ...
Court: Mumbai
Decided on: Mar-02-2009
Reported in: 2009(4)BomCR324; 2009(111)BomLR1691; [2009]20STT167
Ranjana Desai, J.1. Petitioner 1 is a company registered under the Companies Act, 1956. Petitioner 2 is the director of petitioner 1. Respondent 1 is the Superintendent of Central Excise at Amravati and is discharging his duties under the Central Excise Act, 1944. Respondent 2 is Sicom Limited (for short, 'SICOM'). It is a company registered under the Companies Act, 1956. It is a deemed State Financial Corporation and exercises powers under the State Financial Corporation Act, 1956. SICOM claims to have advanced large amounts to the Company known as Prudential Polywebs Limited (In Liquidation), (for short, 'the Company in Liquidation'), who is represented by respondent 3 i.e. the Official Liquidator, High Court, Bombay. Respondent 4 is the Union of India.2. The petition relates to property consisting of land, building and plant and machinery situated at C-42, MIDC, Amravati (for short, 'the said property'). The said property belongs to the Company in Liquidation. The Company in Liquida...
The Commissioner of Income Tax Vs. Bajaj Auto Ltd.
Court: Mumbai
Decided on: Mar-02-2009
Reported in: [2009]182TAXMAN163(Bom)
R.S. Mohite, J.1. The questions of law which have been referred to this Court under Section 256(1) of the Income Tax Act are as follows.1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the order of the Commissioner of Income tax (Appeals) that the ITO will recompute the disallowance under Rule 6D by aggregating the expenditure of all tours in place of the present computation of the disallowances made by the ITO on the basis of each trip of the employees?2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the order of the Commissioner of Income tax (Appeals) that the addition of Rs. 55,27,000/- on account of duty drawback and cash assistance on accrual basis was not justified?3. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the order of the Commissioner of Income tax (Appeals) that the assessee is entitl...
Commissioner of Income Tax Vs. Fateh Granite (P) Ltd.
Court: Mumbai
Decided on: Mar-02-2009
Reported in: (2009)222CTR(Bom)638; [2009]314ITR32(Bom)
ORDER1. The appeal is in respect of asst. yr. 2001-02. In respect of amount claimed under Section 10B of the IT Act, the AO was pleased to hold that for granting of deduction under Section 10B, there must be an approved 100 per cent export oriented undertaking. On facts, the AO held that the assessee was unable to show the bank realisation certificate for the export sales. In the appeal preferred by the assessee before the CIT(A) on this issue, CIT(A) remanded the matter back to the AO to verify the claim of the assessee and to allow deduction to the extent related to export sale proceeds received in convertible foreign exchange in India within time-limit prescribed in sub Section 10B of the Act. On the matter being remanded back to the AO, the AO by revised order dt. 1st May, 2006 allowed the claim of the assessee under Section 10B of the Act.2. Revenue aggrieved by the order of the CIT(A) directing the AO to allow deduction in terms of Section 10B of the Act read with proviso thereof...
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