Court : Mumbai
Decided on : Jan-21-1965
Reported in : (1965)67BOMLR484
Naik, J.1. The appellant, who would hereafter be called the accused, was convicted under Section 471 read with Section 394(1)(a)(ii) of the Bombay Municipal Corporation Act and sentenced to pay a fine of Rs. 201, in default, to undergo 15 days' rigorous imprisonment. The accused has preferred an appeal from the order of conviction and sentence. It was noticed that the vires of Section 394 of the Bombay Municipal Corporation Act was called in question, and, therefore, a notice was issued to the Advocate-General. The learned Government Pleader has appeared on behalf of the State as also on behalf of the Advocate-General. 'When the matter came up for hearing before me sitting singly, a request was made by Mr, Ganatra on behalf of the accused, and also by the learned Government Pleader that, in view of the importance of. the question involved, the case may be referred to a Division Bench. Accordingly, the criminal appeal has been referred to a Division Bench, and, that is how, the matter h...
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-1965
Reported in : (1965)67BOMLR432
Bachawat, J.1. One Jhaverehand Dahyabhai Shah died in 1916, leaving a will dated August 6, 1915. He was a resident of Vejalpore in the suburbs of Broach and a Ladva Shrimali Bania by caste. He professed the Jain religion, and believed in the tenets of the Swetambar Murti Pujak sect of Jains. By Clause (7) of the will, he directed his executors to spend out of the earnings of his- shop every year during the life-time of his niece, Bai Jakore, the amounts mentioned below on the following religious objects:(1) Rs. 100 for feeding cattle with grass, fodder, oil cakes etc., in the Broach Pinjrapole.(2) Ks. 100 for Jiva-daya Khata (fund for kindness to animals).(3) Rs. 25 for offering flowers for the worship of Lord Rikabdev in the Jain temple at Vejalpore, Broach.(4) Rs. 200 for providing food to Shravak pilgrims at the Shatroonjaya Hill at Palitana.(5) Rs. 50 for providing food to pilgrims at Mount Girnar.(6) Rs. 50 for providing food to pilgrims at Mount Abu.(7) Rs. 250 for providing cere...
Tag this Judgment!Court : Mumbai
Decided on : Jan-21-1965
Reported in : (1965)67BOMLR792; [1965]57ITR428(Bom)
Y.S. Tambe, J.1. This is a reference under sub-section (1) of section 66 of the Indian Income-tax Act and is in respect of the five reference applications made to the Tribunal relating to the assessment year 1949-50, 1950-51, 1951-52, 1952-53 and 1953-54, the accounting years being the respective previous calendar years. After consolidation of these five reference applications relating to the aforesaid assessment years, two questions of law have been referred to this court. The first question is common for all the five years and the second question is common only for three assessment years, viz. 1950-51, 1951-52 and 1952-53. Facts giving rise to this reference in brief are : The assessee-company, Messrs. Ciba Pharma Private Limited, Bombay hereinafter referred to as the 'Ciba Pharma', is a cent per cent. Indian subsidiary of Ciba Limited, Basle (Switzerland), hereinafter referred to as 'the Ciba Basle.' Ciba Basle deals in drugs, medicines, chemicals, pharmaceuticals and biological pro...
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1965
Reported in : AIR1966Bom149; (1965)67BOMLR708; ILR1966Bom268; 1966MhLJ57
Kotval, J.(1) We care concerned in this special civil application with a motion of no -confidence alleged to have been passed against the petitioner Vishwasrao Dajibarao Ghuge who was the Chairman on the Panchayat Samiti, Malegaon Taluq Washim, district Akola. The panchayat Samiti Malegaon, it isn't in dispute consist of 14 members and 2 associate members under S. 57 of the Maharashtra Zilla Parishad and panchayat Samitis Act, 1961 [No V of 1962] [hereinafter referred to as the Act] The petitioners was elected Chairman of the panchayat Samiti on 7-8-1962, and less than two years thereafter on 11-5-1964 a no - confidence motion was attempted to be oven against him, but that motion was for reason unknown withdrawn on 22-5-1964. Theater a fresh notice is no - confidence motion under S. 72 of the Act on was again given on 24-10-1964 by the present respondents Nos. 1 to 6 and 13. A meeting was convened by the petitioners for 1-11-1964. At that meeting according to the respondents Nos 1 to 6...
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