Court : Mumbai
Decided on : Feb-06-1967
Reported in : AIR1968Bom267; (1967)69BOMLR848; 1968MhLJ223
Patel, J.(1) These two appeals arise out of proceedings under the Fatal Accidents Act and are filed on behalf of the claimants. The accident which gave rise to this occurred on November, 18, 1959 between 4.50 and 5.00 P. M. opposite Sacred Heart Boy's High School, Andheri, on the Ghodbunder Road. At this time, defendant No. 2 Lakir Ali was driving a truck belonging to defendant No. 1. Even though the traffic was stopped defendant No. 2 drove the truck and while overtaking a bus from the left without any warning knocked down two ladies, as a result of which they died. The names of the deceased are Hayatibai and Rukhanbai. Appeal No. 160 of 1962 arises out of proceedings commenced by Hayatibai's husband Abdulkadar Ebrahim Sura and her mother Amanbai Mulla Esmailji Gleetwalla. Appeal No. 161 of 1962 arises out of proceedings commenced by the husband Abdulabhai and children of Rukyabai.(2) In the first case, the applicants claimed a sum of Rs. 5, 860 in respect of medical expenses, funeral...
Tag this Judgment!Court : Mumbai
Decided on : Jul-04-1967
Reported in : AIR1968Bom259; (1967)69BOMLR776; 1968MhLJ79
Chandrachud, J.(1) The petitioner filed his nomination paper for election to the Thana Zilla Parishad from the Palghat electoral division of the Edwan Constituency. The 2nd respondent, a rival candidate, objected to the petitioner's nomination on the ground that the schools of which the petitioner was a Head Master was in receipt of Grant-in-Aid from the State Government, and therefore, the petitioner was holding an office of profit under or in the gift of Government. The Returning Officer upheld the objection by his order dated the 6th of May 1967 and rejected the nomination paper of the petitioner. (2) The petitioner filed an appeal against the decision of the Returning Officer on the 8th of May 1967 and that appeal was presented by him to Mr. D. B. Deshpande, Assistant Judge, Thana, who for the time being, was holding charge of the District Court Mr. N. D. Kamat, the Registrar of the High Court, had been posted as the District Judge of Thana, but he took charge of that post on the 1...
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-1967
Reported in : AIR1968Bom294; (1967)69BOMLR843; 1968MhLJ35
ORDER(1) These three revisional applications are filed by the Union of India against decrees of the Small Cause Court allowing the plaintiffs' claim for various amounts in respect of loss sustained by them by reason of the loss of goods consigned by them to various places in varying quantities.(2) The facts are admitted that the goods were lost by reason of the negligence of the Railway Administration. In respect of the claims the plaintiffs had served notices to the Union and the Railway Administration making a claim in respect of the amounts which according to them was the loss caused to them. In civil revision application 475/66, out of the total claim made by the plaintiffs the Railway Administration paid a sum of Rs. 1033-23nP., in civil revision application 835/66 the Railway Administration paid a sum of Rs. 612-97 nP, and in civil revision application 12866/66, the Railway Administration paid a sum of Rs. 1083. The plaintiff in each of these cases sued for the balance which acco...
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-1967
Reported in : AIR1968Bom370; (1968)70BOMLR257; 1968MhLJ313
(1) This election petition under Section 81 of the Representation of the People Act, 1951, has been filed by the petitioner Motisingh to call in question the election of respondent Bhaiyyalal to the Maharashtra Legislative Assembly from the Tiroda Constituency held in February 1967.(2) Respondent Bhaiyyalal was elected the Vice-President of Zilla Parishad, Bhandara, in about November 1962. In view of the provisions of Section 83 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Maharashtra Act No. V of 1962), hereinafter called the Act he has been the ex-officio Chairman of two Subjects Committees. He has been continuing to hold that position of Vice-President of the Zilla Parishad and Chairman of the Subjects Committees all along from November 1962 till now. As the Chairman of the Subjects Committees, he is, under the provisions of Section 84 of the Act entitled to get, and has been getting, what is called an honorarium of three-hundred rupees per month and the use o...
Tag this Judgment!Court : Mumbai
Decided on : Sep-28-1967
Reported in : [1970]78ITR584(Bom)
Desai, J.1. This is an appeal on behalf of the original respondents from the judgment and order of Mr. justice Vimadalal dated September 28, : [1968]67ITR399(Bom) , granting an order of injunction restraining the original respondents from assessing or reassessing the Colaba, Land and Mills Company Ltd., hereinafter ter referred to as the ' mills company to income-tax for the assessment years 1950-51 to 1955-56.2. It is sufficient to notice that in the Company Petition No. 221 of 1958 the official liquidator was appointed interim liquidator of the mills company by an order dated May 1, 1959. By an order dated October 7, 1959, the mills company was ordered to be wound up and the official liquidator was confirmed as liquidator of the mills company with all powers under section 457 of the Companies Act, 1956. By six different notices dated August 23, 1966, issued under section 148, the Income-tax Officer, Companies Circle 1(8), Bombay, recorded in respect of the assessment years 1950-51 to...
Tag this Judgment!Court : Mumbai
Decided on : Sep-28-1967
Reported in : [1968]38CompCas26(Bom)
Vimadalal, J.1. This is a judge's summons taken out by the official liquidator of the Colaba Land & Mills Co. Ltd. for an order that certain notices dated 23rd August, 1966, and 31st December, 1966, taken out by the Income-taxOfficer and the proceedings taken pursuant thereto be quashed, and for an order that, if necessary, the respondents be directed not to proceed with those notices till further orders of this court, and on such terms as the court might impose and be restrained from in any way assessing or reassessing the Colaba Land and Mills Co. Ltd. in liquidation for the assessment years 1950-51 to 1955-56.2. The facts necessary for the purpose of this application are that the Colaba Land and Mills Co. Ltd. was ordered to be wound up, and the applicant was appointed liquidator by this court by its order dated 7th October, 1959. The entire undertaking of the Colaba Land and Mills Co. Ltd. had been sold on 21st May, 1958, and all the records (except the financial books) of the unde...
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-1967
Reported in : [1968]70ITR561(Bom)
Kotval, C.J.1. The following five question have been referred for our decision in this reference made by the Income-tax Appellate Tribunal. Bombay Bench 'A' under section 66(1) of the Income-tax Act, '1. Whether, on the facts and in the circumstances of the case, the assessee-company is entitled to claim exemption under section 25(3) of the Act 2. Whether, on the facts and in the circumstance of the case, the loss suffered on the sale of property in Shanghi was allowable as a revenue deduction out of profits of the year 3. Whether, on the facts and in the circumstances of the case, the assessee-company is entitled to claim a sum of Rs. 3,70,943, the amount transferred to the superannuation fund, against income of the year 4. Whether, on the facts and in the circumstances of the case, assessee-company is entitled to claim a sum of Rs. 2,92,672, transferred after the liquidation of the company, as against the profits of the company 5. Whether, on the facts and in the circumstances of the...
Tag this Judgment!Court : Mumbai
Decided on : Nov-06-1967
Reported in : [1969]71ITR761(Bom)
..... not allowable under section 10, the income-tax officer cannot recompute the balance of the profit accepted by the controller of insurance or look into the accounts submitted to the controller of insurance. 83. in life insurance corporation of india v. commissioner of income-tax, which was a case of life insurance business, the supreme court pointed out that 'the assessment of the profits of an insurance business is completely governed by the rules in the schedule to the income-tax act and the income-tax officer ..... branches and agencies all over the world. it used to carry on business in both life and general insurance, but the life insurance business was taken away from the assessee-company in consequence of the nationalization of the life insurance business which took effect from the 1st of september, 1956. thereafter, the life insurance business was vested in the life insurance corporation of india. it appears that in respect of the life business done by the assessee during the years in question before us, certain ..... are permissible under that section', but there is no mention of income from property in paragraph 6 of the schedule. the form of revenue account applicable to fire insurance business, marine insurance and miscellaneous insurance business contains the items on the right side 'interest, dividends and rents, less income-tax thereon'. presumably, the rents here would be actual rents received, and not annual value as determined under section 9.' 43. therefore, the ratio of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-09-1967
Reported in : (1967)IILLJ439Bom
..... union says that the demand is in accordance with s. 8 of the delhi shops and establishments act and the supreme court judgment in the case of the british overseas airways corporation. (the citation of the law reporter of this judgment is not given.) the calcutta union has demanded ..... being very religious minded have to observe the festivals. 43. the company has replied as follows. the company gives about 16 paid holidays including sectional holidays. the company is not a commercial establishment but a trading ..... minimum should be the textile scale for all days in the month, but no reason is given for this. the scale in the textile industry is applicable to textile workers, the large majority of whom are daily-paid workers. it is calculated on the basis of the number of working days in ..... from the calendar year 1967 and will cease to have effect from any date on which the employees' state insurance scheme comes into force in respect of the workmen concerned in these references. the demand for medical benefits for the ..... unions have made similar submissions. the bangalore workmen have in their written statement stated that the span of life has increased on account of improved standard of living and preventive health measures. 72. the company has replied as ..... terms and conditions of service of the workmen were settled by negotiation in 1954. there was a second settlement in september 1956 and a third settlement on 11 april 1963 regarding pay-scales and other conditions of service. there was .....
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