Mumbai Court December 1965 Judgments
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S.N. Srikantia and Co. Vs. Union of India and anr.
Court: Mumbai
Decided on: Dec-24-1965
Reported in: AIR1967Bom347; (1966)68BOMLR586
(1) This notice of motion raises a very interesting question -whether a Court has a power to grant interest on the principal sum adjudged by an award from the date of the award till payment and it arises in the following circumstances, By agreements dated 28th December 1956 and 27th June 1957 the construction work of the new Church gate station building in Fort, Bombay was entrusted by the President of India acting for the Western Railway Administration to M/s S. N. Srikantia & Co. (Plaintiffs) on terms and conditions contained therein and as per the specifications, plans and drawing annexed thereto. Pursuant to the said contract the plaintiffs firm carried out the said work, completed the same and the certificate of completion was issued but in connection with the plaintiffs' final bill disputes and differences arose between the parties and as provided for in the contract the same were referred to the joint arbitration of two arbitrators. However, since there was disagreement between ...
Kamalkar Shankar Warde and anr. Vs. Central Board of Trustees and ors.
Court: Mumbai
Decided on: Dec-21-1965
Reported in: AIR1967Bom259; (1966)68BOMLR682
1. This is petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus against the 3 respondents, being 1) The Central Board of Trustees under the Employees Provident Funds Act, 1952 and the Scheme framed thereunder, 2) Shri E. V. Ramreddy, the Central Provident Fund Commissioner and 3) Shri D. T. Ghatpande, Regional Provident Fund Commissioner, Maharashtra State, directing them not to enforce the provisions of the Employees' Provident Funds Act, 1952 and of the Scheme framed thereunder against the petitioners, who are carrying on business of manufacturing paper cones and paper tubes and for incidental reliefs.(2) The short facts giving rise to the petition may be stated: The two petitioners carry on business in partnership in the name and style of Ms. Eastern Paper Tube Factory at Ashok Nagar, Kandivali, Bombay. Their factory at Kandivali admittedly employees more than 20 persons and the work of manufacturing paper cones and paper tubes is done ther...
Damomal Kausomal Raisinghani Vs. Union of India and ors.
Court: Mumbai
Decided on: Dec-07-1965
Reported in: AIR1967Bom355; (1966)68BOMLR474
Tambe, Ag.C.J. 1. Civil Application No. 2904 of 1965 was only an application for sending for the record. Certified copies of the relevant record have been produced and shown to the petitioner. This application no more survives.(2) Special Civil Application NO. 588 of 1964 is a petition under Article 226 of the Constitution of India. By this petition the petitioner seeks to get quashed the order dated 31st October 1962 made by respondent No. 3 Mr. Ajwani, the Additional Settlement Commissioner with delegated powers of the Chief Settlement Commissioner. By this order the third respondent has reopened the verified claim of the petitioner and has in effect reduced it from Rs. 4, 710 to Rs. 500. The facts in brief are these. The petitioner originally belonged to Nawabshah, a place in Sind. That territory now is part of West Pakistan. The petitioner along with his brothers migrated to India leaving behind certain plots of land. According to the petitioner, he had a certain share in the immov...
Arantee Manufacturing Corporation Vs. Bright Bolts Private Ltd.
Court: Mumbai
Decided on: Dec-06-1965
Reported in: AIR1967Bom440; (1967)69BOMLR444; 1967MhLJ38
ORDER(1) This is a petition filed by Arantee Manufacturing Corporation, a partnership firm (plaintiffs) against Bright Blots Private Limited (defendants) for an order that the arbitration agreement contained in Clause 12 of the sole selling agency agreement, copy whereof has been annexed as Ex. F to the petition, be filed in this Court and for an order of reference referring all disputes and difference between the plaintiffs and the defendants relating to the sole selling agency agreement to the arbitration of an arbitrator or arbitrators in accordance with Clause 12 of the said agreement and for incidental reliefs.(2) The petition is filed in the following circumstances: The plaintiffs have alleged that the defendants who are private limited company manufacturing nuts, bolts, screws and hardware, had negotiations with them for the purpose of appointing them as their sole selling agents for the goods manufactured by them throughout India, that between the beginning of October 1964 and ...
Mohanlal Hochandra Doshi Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Dec-02-1965
Reported in: AIR1967Bom224; (1966)68BOMLR555
(1) This is a revisional application on behalf of the original applicant in Land Acquisition Reference No. 8 of 1961 decided by the Court of Civil Judge, Senior Division, Kolhapur, by its judgment and order dated September 19, 1962. The learned Judge disposed of Land Acquisition Reference Nos. 8 of 1961 and 17 of 1960 by a common judgment. The learned Judge did not try the references on merits or on questions of facts. On behalf of the State Government it was contended before him that the written applications made by the applicants to the Collector under section 18 of the Land Acquisition Act that the matters be referred by the Collector for determination by the Court had been insufficiently stamped with the Court-fees stamp of 65 nPs. Under Article 15 of Schedule (1) of the Bombay Court Fees Act, an application to the Collector for a reference to the Court under section 18 of the Land Acquisition Act was required to bear Court fees stamp of one half of ad valorem fee on the difference...
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