Court : Mumbai
Reported in : AIR1978Bom71; 1977MhLJ520
Dharmadhikari, J.1. The father of the petitioners, namely, Yeshwanta, was the original tenant from the year 1951-52 of the field S. No. 19/1, area 19 acres 32 gunthas of village Murdapur, Tahsil Chikhali, District Buldana. One Gopal son of Laxman was the original landholder who had leased out this field. By virtue of the provisions of the Berar Regulation of Agricultural Leases Act, 1951, Yeshwanta became the protected lessee of the said land. Thereafter Yeshwanta had surrendered the tenancy and had also parted with the possession of the land in favour of the tenure-holder Gopal in the year 1956. The field in question was purchased by Trimbak, father of the respondents, vide registered sale deed dated 16-8-1956, for a consideration of Rs. 2,500/-. After this sale took place, Yeshwanta applied for restoration of tenancy and possession under Section 10 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Tenancy Act). His application in...
Tag this Judgment!Court : Mumbai
Reported in : 1983(12)ELT425(Bom)
1. In this petition filed under Article 226 of the Constitution of India, the question which requires determination is whether the article 'phenolic moulding powder' manufactured by the petitioners is entitled to claim exemption from payment of excise duty as provided by Notification dated June 1, 1971 issued by the Central Government.2. The 1st petitioners are a Private Limited Company, while petitioners Nos. 2 and 3 are the Directors of the Company. The petitioner No. 1 own a factory at Quarry Road, Malad (East), Bombay and inter alia manufacture 'Phenol Formal Dehyde Synthetic Resin'. The said article is manufactured in various forms, viz. lump, solid, liquid and moulding powder. The basic ingredients of phenolic resin are Phenol and Formaldehyde. The Phenolic Resin is the result of Phenol and Formaldehyde being reacted with each other. The Phenolic Moulding Powder is manufactured by processing phenol formaldehyde synthetic resin along with other ingredients like fillers, colouring ...
Tag this Judgment!Court : Mumbai
Reported in : 1989(25)LC360(Bombay)
M.L. Pendse, J.1. In this petition filed under Article 226 of the Constitution of India, the question which requires determination is whether the article 'phenolic moulding powder' manufactured by the petitioners is entitled to claim exemption from payment of excise duty as provided by Notification dated June 1 1971 issued by the Central Government.2. The 1st petitioners are a Private Limited Company, while petitioners Nos. 2 and 3 are the Directors of the Company. The petitioner No. 1 own a factory at Quarry Road, Malad (East), Bombay and inter alia manufactures Phenol Formaldehyde Synthetic Resin'. The said article is manufactured m various forms, viz. lump, solid, liquid and moulding powder The basic ingredients of phenolic resin are Phenol and Formaldehyde. The Phenolic Resin is the result of Phenol and Formaldehyde being reacted with each other. The Phenolic Moulding Powder is manufactured by processing phenol formaldehyde synthetic resin along with other ingredients like fillers ...
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR539; 1981MhLJ936
Dharmadhikari, J.1. This writ petition is filed by the elected members of the board of directors of the Vishwas Sahakari Sakhar Karkhana Ltd. Yeshwant Nagar, Chikmali Taluka Shirala, District Sanigli, challenging the orders passed by the Joint Director (Sugar) and Joint Registrar of the Co-operative Societies, Maharashtra State, under Section 78 of the Maharashtra Co-operative Societies Act (hereinafter referred to as the Act), removing the board of directors and consequential appointment of one Shri Desai as an administrator.2. The petitioners were elected as members of the board of directors in December 1978 and their tenure of office is for 5 years. According to the petitioners they belong to a group that owed its allegiance to congress (U). Their group has been in control of the karkhana since 1973. In the year 1978 when they were re-elected P.D.F. Government was in power in the State of Maharahtra. In January 1980 fresh elections were held to the State Legislature and congress (I)...
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR427
S.K. Desai, J.1. I have had the benefit of perusing the erudite and exhaustive judgment prepared for the purposes of this appeal by my brother Rele. He has dealt with all the points arising in the appeal as also with the arguments advanced and authorities cited by the counsel arrayed for the respective patties at the Bar. Whilst I agree broadly with the ultimate conclusions reached, there are certain nuances, intermediate steps, and not so pertinent observations, in my view, with which 1 am unable to agree with my brother. Accordingly, 1 propose to give a separate judgment making it clear that on all conclusions not touched by me, I must be taken to have concurred fully with my brother. For the purpose of this separate judgment, as I have made it clear, 1 propose to restrict my discussion only to one of the important points, according to the, which arises in this appeal. The other points may be mentioned in passing, if at all.2. This is an appeal under the Letters Patent from the decis...
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas469(Bom)
INTRODUCTION1. This is a suit for rectification of the register of shares of the National Rayon Corporation Ltd., the 8th defendant. Rectification is sought in respect of 43,750 shares standing in the names of the Unit Trust Of India (UTI), the 1st defendant, Industrial Credit and Investment Corporation of India (ICICI), the 7th defendant, General Insurance Corporation of India (GIC), the 2nd defendant, and four subsidiaries of GIC, being the 3rd, 4th, 5th and 6th defendants. On May 31, 1979, the company issued to the said financial institutions 35,000, 11% convertible debentures of the nominal amount of Rs. 1,000 each, privately placed with them. Each of the debenture-holders was entitled to convert 20% of the value of the debentures held by it into equity shares. Each of the debenture-holders exercised the option to convert to the full extent on May 31, 1979, itself and was allotted the 43.750 shares on June 5, 1979. The shares are more particularly described in Ex.S. to the plaint.2...
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
P.B. Sawant, J.1. This is a group of petitions seeking to challenge the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as a said Act) and the Scheme viz. the Private Security Guards, (Regulation of Employment & Welfare) Scheme, 1981, deemed to have been prepared by the State Government in exercise of the powers conferred under Sub-section (1) of Section 4 of the said Act. The petitions are filed both by the agencies or agents who hitherto carried on the business of supplying security guards to various employers and also by the employers who engage the security guards on contract basis through such agencies or agents. Petitions Nos. 1204 of 1981, 136(1 of 1981, 1393 of 1981, 1692 of 1981, 1882 of 1981, 75 of 1982, 89 of 1982 and 195 of 1982 are filed by the agencies and Petitions Nos. 420 of 1982, 422 of 1982, 1205 of 1981, 1386 of 1981, 1408 of 1981, 1499 of 1981, 1884 of 1981 and 816 of 1982 are filed by the employers. Som...
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR431; (1983)85BOMLR411
P.S. Shah, J.1. This is a group of 11 petitions filed by the liquor vendors under Article 226 of the Constitution challenging the increase in the licence fees by the Government with effect from July 1, 1981. The petitioners have been granted these licences under the Bombay Prohibition Act, 1949 read with the relevant Rules. 2. The facts which are relevant for our purpose in all these petitions are more or less similar. Writ Petition No. 214 of 1982 was argued as a representative petition. 3. In Writ Petition No. 214 of 1982 the petitioner is a holder of C.L. III Licence which has been issued to him under the provisions of the Bombay Prohibition Act, 1949 (hereinafter referred to as the 'Act') read with Rule (1) of the Maharashtra Country Liquor Rules, 1973. Licence has been issued in his favour for retail sale of country liquor on the terms and conditions mentioned in the licence. This licence has been held by the petitioner for the last several years and is renewed from time to time a...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)12ITD451(Mum.)
1. These two appeals are filed by A-Z (Industrial) Premises Co-operative Society Ltd. and by Shri N.M. Virwani, against the order of acquisition passed by the competent authority under Section 269F(6) of the Income-tax Act, 1961 ('the Act'), dated 24-2-1984 acquiring property consisting of leasehold land measuring 17,199 sq. yards along with structures constructed thereon bearing C.S. No. 1/265, 267, 439, 440, 2/267 and 3/267 of Lower Parel Division,, Bombay.2. The facts relating to these appeals are that by an indenture of lease dated 21-5-1966, Amrut Banaspati Com. Ltd., a company limited under the Companies Act, 1956, leased to Virwani Construction Co., a proprietary concern of Shri N.M. Virwani ('the lessee'), a piece and parcel of vacant land measuring in the aggregate 17,199 sq. yards equivalent to 14,380 sq. metres situated at Fergusson Road, Parel, Bombay, for a period of 98 years from 21-5-1966 subject to payment of a monthly rental of Rs. 35,258. In pursuance of this lease a...
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
Madhava Reddy, C.J.1. The questions that arise for consideration in this writ petition filed by Escorts Ltd. and its shareholder and managing director are quite unique and important. The decision thereon may affect not only the petitioner-company but the entire corporate sector and the public financial institutions. Naturally, this writ petition has attracted considerable public attention both lay and legal. Quite a few facts are required to notice to appreciate the issue canvassed in this case. Though inferences sought to be down and the conclusions sought to be pressed by the parties form the facts leading to the filing of this writ petition differ, the facts themselves in the ultimate analysis are not very much in dispute.2. Till 1980, among the non-residents, only individuals of Indian nationality origin were given the facility to invest in Indian Industries; not the companies. The Government of India was eager to attract larger foreign remittances into India. In a report of the Wo...
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