Court : Mumbai
Reported in : 1993(2)BomCR67; (1993)95BOMLR374
..... by suspicious circumstances, the propounder must lead initial evidence to prove mental state of the testator showing that the disposition in the will were made by the testator acting on his free will. it was held in this case by gajendragadkar, j., speaking for the bench of the apex court that the fact of the propounder ..... .e. the first codicil). mr. sethna was not permitted to disclose the confidential communication between him and his client in view of section 126 of the indian evidence act, 1872. soon after the execution of the first codicil, the testator had prepared a handwritten letter for being delivered to the caveator after his death explaining in substance ..... testator died at bombay on or about the 1st day of may 1983. the testator left him surviving as his only heir and next-of-kin according to indian succession act applicable to parsees, the following persons i.e. (1) mrs. jerbanoo khurshed cursetji, widow (2) mrs. meher rusi dalal, daughter (3) mr. adi khurshed cursetji, the .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR841]
..... contained in the said award in support thereof were mutually conflicting. i felt rather uneasy. according to my tentative opinion, the management of the hospital had acted bona fide and it was perhaps a case of disgraceful conduct which no hospital management could tolerate. i invited the learned counsel on both sides to debate ..... v. r. krishna iyer, j. speaking for the apex court observed that in a domestic inquiry, the strict and sophisticated rules of evidence under the indian evidence act are not applicable. during the course of his judgment, the learned judge further observed as under :- 'all materials which are logically probative for a prudent mind are ..... evidence and dealt with the issue as if the court was a criminal court trying the petitioner on charge of a criminal offence and technical rules of evidence act were attracted. in management of balipara tea estate v. its workmen : (1959)iillj245sc , the hon'ble supreme court observed that the industrial tribunal had misdirected .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR175
..... cawas saher had approached the city civil court, bombay in suit no. 6838 of 1967, respondent keikobad initiated proceedings under section 41 of the presidency small causes court act, 1882 for ejectment of his gratuitous licensee cawas saher. these proceedings were initiated in 1988 being l.e. suit no. 396/454 of 1988. the ejectment application ..... 1988 suit filed by respondent keikobad, the relationship of licensor and licensee having come to an end, an application under section 41 of the presidency small causes courts act, 1882 was not at all maintainable. secondly, it was contended that the mother of the petitioner cawas namely aloo saher was the member of the family of ..... first place, on the averments in the application for ejectment, the 1988 suit filed by respondent keikobad was maintainable under section 41 of the presidency small causes courts act, 1882. secondly, it was contended that, on her marriage, aloo had ceased to be the member of the family of her parents and since she had .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR112
..... plaint, the suit is for recovery of possession by landlord from a tenant, and therefore, part ii of the bombay rents, hotel and lodging house rates control act, 1947 applies and that this court therefore has no jurisdiction to entertain and try this suit. the defendant further contends that boman munchersha javeri became a tenant of ..... said premises to the plaintiff.2. the plaintiff also claims that the defendant is not permitting the plaintiff to inspect the premises and has committed various wrongful acts like allowing others to stay and occupy the said premises even during his absence unauthorisedly parking a car and scooter in the compound of the said building, ..... the defendant, the plaintiff intimated the defendant that late miss. tehmina m. javeri was a statutory tenant only under section 5(11)(c) of the bombay rent act in respect of the said premises and that the statutory tenancy was already terminated by a notice dated 24th november, 1969; that the plaintiff further pointed out in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1995Bom210; 1995(3)BomCR218; 1996(2)MhLj208
..... in a civil court for eviction. it was held that the defendant was in the position of a trespasser, and therefore, section 41 of the presidency small cause courts act is not attracted. in 1986 mah lj 304, municipal corporation of greater bombay v. m.a.qureshi, it was an eviction case filed by the municipality against the tenant ..... that case that having regard to the allegations in the plaint the suit was maintainable in the small causes court under section 41 of the presidency small cause courts act. the high court also noticed that there was a concurrent finding of fact that the licensee in that case was staying in the suit premises as a gratuitous ..... decision is directly applicable to the facts of the case and it clearly shows that the appellant-son has no right to continue in the suit premises. in : air1993bom10 bal kalyani v. state of maharashtra, the question was whether an employee who is in occupation of the quarters given by the company becomes a trespasser after his retirement or .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR512; (1997)ILLJ538Bom
..... t the refineries of the establishment of hindustan petroleum corporation ltd., mahul bombay, for which the appropriate government under the contract labour (regulation and abolition) act, 1970 is the central government.'3. written statement by way of affidavit was to filed by mr. arun kumar ray, general manager, industrial relations ..... these establishments of respondent no. 2, are commercial establishments registered as such under the bombay shops and establishments act, 1946. the total number of workmen in each of the establishments, namely, those at mahul, sewree, wadala and mazagaon, exceed 500 and those establishments ..... liquified petroleum gas bottling plant at mahul. all these establishments of respondent no. 2 are factories within the meaning of section 2(m) of the factories act, 1948. respondent no. 2 has also other establishments at petroleum house and arcadia at churchgate, bombay, and at hindustan bhavan, ballard estate, bombay. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR257
..... changed to rs. 85 lacs. it was also pointed out that even the registration of the partnership was in breach of the requirements of section 58 of the indian partnership act as amended in its application in the state of maharashtra. according to the appellants, the partnership having never come into existence and the property in question having never become the ..... in any way dealing with, disposing of, parting with possession or encumbering or creating third party interest in respect of the said property or any part thereof or doing any act prejudicial to the right, title, claims and interest of the plaintiffs with regard to the said property as more particularly described in exhibit 'a' to the plaint any part thereof .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1997)61ITD33(Mum.)
..... parasram brokerage and int. & co., madras.34. computation of income. income, profit & p & l a/c and balance 273-275 loss a/c. and sheet for a.y. 1992-93 bal. sheet for a.y. 1992-93.dated : 24th july, 1993. (vira construction co.) appellants." the assessee has also filed an affidavit dated 19th september, 1994 sworn by shri h.l ..... vasu and m/s. vira properties pvt.ltd. (for short company), sharing 10%, 10% and 80% respectively. the business is claimed to be agency in real estate, more particularly to act as one of the selling agents of the construction business carries on by the company, which is holding 80% interest in the partnership firm. in january 1984, the company appointed ..... -272 details of and interest for loans brokerage and int. through m/s. parasram34 computation of income. 273-275 income, profit & p & l a/c and balance a/c. and bal. sheet for a.y. 1992-93 sheet for a.y. 1992-93.place : bombay (vira construction co.)dated : 24th july, 1993. appellants." 7. the ld. d.r. very strongly .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1997)63ITD20(Mum.)
..... by the assessee.the very definition of the word 'trust' would negate the plea of the departmental representative because "trust" is defined in section 3 of the indian trusts act, as an obligation annexed to the ownership of property and arising out of a confidence reposed in, and accepted by, the owner or declared and accepted by him for ..... , render it a speculative business for which there should be more than one speculative transaction carried on by the assessee, as per explanation 2 to section 28 of the act. in the instant case, as there was only one isolated transaction, the finding of the tribunal that it is loss in business and not in speculative business, is correct ..... and hence not taxing the income of the trust does not arise. under the circumstances, the assessing officer applied the provisions of section 161(1a) of the income-tax act and he charged the maximum marginal rate also.therefore, he included a sum of rs. 74,213 which represents 1096 of the interest on the deposit of rs. 7 .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR12; (1998)1BOMLR547; 1998(2)MhLj634
..... , or the feature of having become newly available and obtainable. this has been said with reference to the provisions of the national insurance (industrial injuries) act, 1946. 'fresh evidence' must mean 'fresh' in relation to whatever were the immediately preceding relevant proceedings.' a decision of the high court in the ..... view to preventing him in future from acting in anymanner prejudicial to the augmentation of foreign exchange, it was necessary to makethe order detaining him in custody in the central prison, pune. in ..... joint secretary (cofeposa) to the government of india, who was speciallyempowered under section 3(1) of the conservation of foreign exchange & prevention of smuggling activities act, 1974 (for short, the cofeposa). the order hasbeen passed since the detaining authority was satisfied with respect to the detenumahesh kantilal zaveri that, with a .....
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