Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 150 security for costs Court: mumbai Year: 1998 Page 1 of about 13 results (0.678 seconds)

Mr. Krishnakant Mulashankar Vyas Vs. Mrs. Reena Krishna Vyas and Anoth ...

Court : Mumbai

Reported in : AIR1999Bom127; 1999(2)ALLMR103; 1999(1)BomCR626; II(1999)DMC221; 1999(1)MhLj388

ORDERA.P. Shah, J.1. Whether the wife can be denied maintenance pendente lite under section 24 of the Hindu Marriage Act, 1955 only on the ground that her marriage with her husband is the second marriage during the subsistence of the first marriage and the same is void under section 11 read with section 5(i) of the Hindu Marriage Act and whether such a wife is also disentitled from claiming interim maintenance in proceedings under section 18 of the Hindu Adoption and Maintenance Act, 1956 are the questions which fell for consideration in this review petition.2. Very few facts are necessary for appreciation of the controversy arising in this petition. Both the principal parties namely the petitioner and the respondent No. 1 are Hindus governed by Hindu law. The case of the respondent No. 1 is that she was married to the petitioner according to the Hindu vedic rites on 29th June, 1986 in a temple at Ulhasnagar and that the respondent No. 2 is their daughter born from the marriage. The re...

National Health and Education Vs. Assistant Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1999)70ITD330(Mum.)

1. A group of migrants, in the aftermath of partition, led by Mr.Parmanand Deepchand Hinduja came and settled in Bombay. They felt the need for medical care. These persons banded together and on account of their efforts, a small outdoor clinic was opened in December, 1951. In February, 1953, the clinic was converted into an indoor hospital with 30 beds which was progressively increased to 70. In 1954, the persons who started the clinic in a small way, formed a society which was named the "National Health and Education Society". It was registered under the Societies Registration Act on 13th April, 1954. In 1963 a new 100 bed hospital was commissioned in the same plot of land. Gradually this 100 bed hospital increased its activities and in 1972 ventured into medical research. The research institution also came to be recognised by the Government of India. The name of the hospital, after the advent of the research centre, was changed from National Hospital to "P.D.Hinduja National Hospita...

National Health and Education Society Vs. Assistant Director of Income ...

Court : Mumbai

Reported in : [2000]70ITD330(Mum)

ORDERR. V. Easiwar, J M. A group of migrants, in the aftermath of partition, led by Mr. Parmanand Deepchand Hinduja came and settled in Bombay. They felt the need for medical care. These persons banded together and on account of their efforts, a small outdoor clinic was opened in December 1951. In February 1953, the clinic was converted into an indoor hospital with 30 beds which was progressively increased to 70. In 1954, the persons who started the clinic in a small way, formed a society which was named the 'National Health and Education Society'. It was registered under the Societies Registration Act on 13-4-1954. In 1963 a new 100 bed hospital was commissioned in the same plot of land. Gradually this 100 bed hospital increased its activities and in 1972 ventured into medical research. The research institution also came to be recognised by the Government of India. The name of the hospital, after the advent of the research centre, was changed from National Hospital to 'P.D. Hinduja Na...

Jaya S. Shetty Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1999)69ITD336(Mum.)

1. Appellant is an individual. Search operations under s. 132(1) of the IT Act were commenced in his case at various places on 30th October, 1995, and continued upto 20th December, 1995. The assessee filed a return of "undisclosed income" under s. 158BC at Rs. 31,96,963 on 23rd September, 1996. The AO completed the assessment on 31st December, 1996 on a total "undisclosed income" at Rs. 4,52,27,690 and determined the tax payable at Rs. 2,71,36,614. Aggrieved by this order of the AO, the assessee has come in appeal to the Tribunal. The assessee has taken three additional grounds before us. Of these additional grounds, the first one is challenging the legality of the assessment, claiming the order to the time-barred and invalid. Ground Nos. 2 and 3 are stated to be clarificatory in respect of original ground Nos. 16 and 31. Being legally permissible, the learned Departmental Representative had no objection to the admission of the additional grounds of appeal and hence, we proceed to dec...

Grasim Industries Itd Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Reported in : (1999)64TTJ(Mumbai)357

ORDERBY THE BENCH:This appeal by the assessee for the asst. yr. 1993-94 is directed against the order of the CIT(A) upholding certain additions and disallowances.2. The. assessee is one of the biggest Indian companies in which public is interested' It is highly diversified and largest 'core industries' in India. It produces viscose, staple fibre, rayon, pulp, caustic soda, cement, software, sponge iron, textiles, heavy engineering machinery and chemicals. It employs over 25,000 persons and its plants are located at about 10 places in India.3. In the memo of appeal, several grounds are raised, but during the course of hearing, the first objection taken by the learned counsel for the assessee related to disallowance of part of deduction claimed under s. 80M of the IT Act, 1961 out of dividend income. The assessee during the relevant period received dividends from Indian companies and returns from UTI amounting to Rs. 28,64 crores and distributed dividend approximately Rs. 25. 11 crores. ...

The Commissioner of Sales Tax Vs. M/S. Bombay Sound Service and Others

Court : Mumbai

Reported in : 1998(4)BomCR888; 1999(2)MhLj516

ORDERDr. B.P. Saraf, J.1. By this reference under section 61 (1) of the Bombay Sales Tax Act, 1959 ('Act') read with section 8(1) of the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purpose Act, 1985, the Maharashtra Sales Tax Tribunal has referred the following questions of law to this Court for opinion at the instance of the revenue.'(i) Whether on the facts and in the circumstances of the case and on a true and correct interpretation of section 2(10) of the Maharashtra Sales Tax on Transfer of Right to use any Goods for any Purpose Act, 1985 was the Tribunal justified in law in holding that the transaction in regard to charges received for recording of song on 30-3-88 for Parbat Ke Uspar, Invoice No. 87/88/618 dated 30-3-88 was issued by the respondents is not a sale liable to tax under the provisions of the said Act? (ii) Whether on the facts and in the circumstances of the case and on a true and correct interpretation of section 2(10) of the Maharas...

M/S. Kemp and Company and Another Vs. M/S. Prima Plastics Ltd.

Court : Mumbai

Reported in : 1999(1)ALLMR64; 1999(1)BomCR239

ORDERR.M. Lodha, J.1. This is a matter of 'chair', not for power, but for infringement of registered design and passing off. In the action initiated by the plaintiffs relief is sought against the act of infringement of the 1st plaintiffs registered design of Baby chair with human face and for passing off committed by defendants by adopting similar identical design, shape, and configuration and get up in respect of Baby chair manufactured and sold by the defendants.2. The case set up by the plaintiffs is :--The 1st plaintiff is the manufacturer of plastic toys and plastic moulded chairs and other items such as office high tech chairs and furniture. The 1st plaintiff is manufacturing and selling plastic moulded chairs of various designs including Baby chairs with design of human face with inserts which has been registered under the Design Act bearing Registration No. 16973 sic 169723 to the 2nd plaintiff. The 2nd plaintiff is marketing and selling the said plastic moulded chairs under th...

Raghu Shankar Kale Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1999)101BOMLR625

Ashok Desai, J.1. This appeal is directed against the finding of conviction for offences under Sections 302, 394, 397 and 457 of IPC r/w 34 of IPC.2. The prosecution case was disclosed by P.W. 2 Smt. Sushila. According to her, at about 1 a.m. on 13.9.1991, due to dog barking she woke up and heard that one Deorarri was calling her husband by referring 'Aba Aba'. She came out and noticed that door of the house was opened. She went inside with Deoram and saw her husband Dnyanshwar was lying dead with numerous injuries. Thereafter, she noticed that three bags containing various ornaments namely two mangalsutras, two black pots, watis, jodavis etc. etc were missing. Her statement was recorded by the police. Undisputedly, she has not seen either the act of the assault or the theft. The prosecution has also not examined Deoram. P.W. 4 Avadaji Kale Police Patil lodged an F.I.R. vide Exh. 36. The accused was arrested in some other case on 3.10.1991. Recovery of the stolen property was affected ...

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal by the assessee for the asst. yr. 1993-94 is directed against the order of the CIT(A) upholding certain additions and disallowances.2. The assessee is one of the biggest Indian companies in which public is interested. It is highly diversified and largest "core industries" in India. It produces viscose, staple fibre, rayon, pulp, caustic soda, cement, software, sponge iron, textiles, heavy engineering machinery and chemicals. It employs over 25,000 persons and its plants are located at about 10 places in India.3. In the memo of appeal, several grounds are raised, but during the course of hearing, the first objection taken by the learned counsel for the assessee related to disallowance of part of deduction claimed under s. 80M of the IT Act, 1961 out of dividend income. The assessee during the relevant period received dividends from Indian companies and returns from UTI amounting to Rs. 28.64 crores and distributed dividend approximately Rs. 25.11 crores. In its return of...

Anz Grindlays Bank and Others Vs. the Directorate of Enforcement and O ...

Court : Mumbai

Reported in : 1999(1)ALLMR291; 1999(1)BomCR324; 1999CriLJ2970; 1999(1)MhLj65

ORDERAshok A. Desai, J.1. The 1st petitioners in both the petitions are Banking Company. Others are their officials. The Reserve Bank of India authorised the Companies to deal with foreign exchange under section 6 of the Foreign Exchange Regulation Act, 1973 (Precisely the Act 1973). According to the respondent-Directorate of Enforcement, the Companies by making certain credits contravened sections 8 and 9. The Directorate therefore, resorted to section 68 and served on the petitioners various Notices purported to be under section 50 read with section 51 (Show Cause Notice), and under proviso to section 61 (Opportunity Notice), of the Act 1973. Petitioner claimed Writ of Prohibition against the proceedings to be initiated pursuant to these Notices. Dr. Chandrachud, the learned Additional Solicitor General questioned the tenability of petitions being premature. Having regard to the nature of challenge, we, however, proceed to deal with the grounds on merit. 2. Mr. Venugopal, the learned...