Mumbai Court January 1965 Judgments
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Lotus Line Private Ltd. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-07-1965
Reported in: (1965)67BOMLR429
K.N. Wanchoo, J.1. This appeal on a certificate granted by the Bombay High Court arises out of a suit brought by the State of Bombay (respondent) against the appellant for recovery of Rs. 24,979-2-4. The facts which led to the filing of the suit are not now in dispute as they have been concurrently found by the two Courts below and may be briefly narrated. On April 27, 1948, at about mid-day, the vessel Padam belonging to the appellant arrived in the Dharamtar creek carrying a cargo of 3500 bags of manure weighing about 250 tons and laid anchor alongside Dharamtar jetty lying on the Pen side of the creek on the Pen-Khopoli road. The Dharamtar jetty is meant for small vessels bringing passengers and luggage crossing the creek and so the peon on duty there requested the master of the ship to remove the vessel into the creek and to unload the cargo with the help of small boats. The master of the ship agreed to do so. But when he tried to move the vessel away from the jetty, she actually c...
Kisan Supdu Ingale Vs. Bhusawal Borough Municipality, Bhusawal and anr ...
Court: Mumbai
Decided on: Jan-06-1965
Reported in: AIR1966Bom15; (1965)67BOMLR286; ILR1965Bom552
Chainani, C.J.(1) The petitioner is employed in the carriage and Wagon Depot of the Central Railway at Bhusawal. This Railway Depot is situated within the limits of the Bhusawal Borough Municipality. This municipality is governed by the Bombay Municipal Boroughs act 1925, Section 73 of this Act specifies the Taxes, which a municipality may impose sub - section (1) of this section state that subjects to any general or special order, which he state Government may make in this behalf an to the Municipality may impose for the purposes of this Act any of the following taxes, namely.X X X X X (XIV) any other tax which under the constitution the state legislature has power to impose in the state.Section 75 lays down the procedure which the Municipality has to follow before imposing a tax. One of the taxes which the state legislature has power to impose is a tax on profession, trades calling and employments under entry No. 60 List II in the seventh Schedule to the constitution. In 1959 the Bhu...
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