Mumbai Court November 1987 Judgments
Maharashtra State Financial Corporation Vs. Official Liquidator, Sidhu ...
Court: Mumbai
Decided on: Nov-27-1987
Reported in: [1988]64CompCas641(Bom)
G.D. Kamat J.1. This is application under section 446 of the companies Act, 1956, for keeping the petitioners outside the liquidation and to permit them to proceed with the proceedings initiated by the petitioners against the company and its director which is already wound up by the order of the learned single judge of this court in company Petition No. 4S of 1986.2. The petitioners are the Maharashtra State Financial Corporation, a financial institution created under the State Financial Corporation, a financial institution created under the State Financial Corporation Act,1951. The thrust in petition now is that the petitioners who are the secured creditors of M/s. Sidhu Tyres and Rubber Mfg. Co., a partnership firm, which subsequently converted itself and was incorporated into a company under the provisions of the Companies Act, 1956, sought voluntary winding up an having obtained an order for winding up, further obtained an order for staying the criminal proceedings and the civil su...
Tag this Judgment!Sheth and Bharmal (Firm) Vs. Municipal Administrator, Municipal Corpor ...
Court: Mumbai
Decided on: Nov-27-1987
Reported in: 1990(3)BomCR556
S.M. Daud, J.1. These two petitions involving the same parties and relating to the same subject matter can be disposed of by a common judgment.2. Petitioner is a partnership firm registered under the Partnership Act carrying on business as Builders and Contractors. It claims to be the owner of the property bearing Survey No. 232, C.T.S. No. 622 (1 to 8) at James Beach Road, Kanjur Marg, Bhandup (West), Bombay 400078. It claims to have purchased the said property from one Mr. Prabhavati Sanghani under an Indenture of Conveyance dated 24th September, 1979. In the year 1964, the Government of Maharashtra sanctioned the Development Plan for Greater Bombay Region. Under that Plan, a portion measuring 3619.95 square meters from out of the above land was reserved for various public purposes as detailed in para 6 of the Writ Petition No. 316 of 1985. Till about 1981 no steps were taken either by the Planning Authority which in this case is the Bombay Municipal Corporation, hereinafter to be re...
Tag this Judgment!ishwarlal Sarabhai Parikh Vs. Prabhawati Ishwarlal Parikh (Smt.) and a ...
Court: Mumbai
Decided on: Nov-27-1987
Reported in: 1988(1)BomCR464
S.N. Khatri, J.1. This judgment disposes of L.P.A. Nos. 14 and 15 of 1983. Ishwarlal Parikh is the common appellant. Prabha who is the first respondent in both appeals is his wife. The husband has filed two petitions against her under the Hindu Marriage Act for dissolution of their marriage on the ground of adultery and cruelty. The first one was filed in January 1973, with one Ram Ahuja as the co-respondent. The second petition was filed in July 1976. Here are two co-respondents, Joshi and Malkan. The two petitions were tried separately by two Judges of the Bombay city Civil Court, Shri R.V. Joshi and the Late Shri Makhijani. Both came to be dismissed. The learned Single Judge (Mody, J.) has dismissed the two appeals preferred by the petitioner. Now he has preferred these two Letters Patent Appeals before this Court.2. It is not in dispute that the marriage of the appellant and the first Respondent (hereafter generally referred to as 'the Respondent') was solemnised according to Hindu...
Tag this Judgment!Mr. P. Vs. Mrs. P. and Mr. R.
Court: Mumbai
Decided on: Nov-27-1987
Reported in: (1987)89BOMLR588
S.N. Khatri, J.1. This judgment disposes of L.P.A. Nos. 14 and 15 of 1983. Mr. P is the common appellant. Mrs. P who is the first respondent in both appeals is his wife. The husband had filed two petitions against her under the Hindu Marriage Act for dissolution of their marriage on the ground of adultery and cruelty. The first one was filed in January 1973, with one Mr. R as the co-respondent. The second petition was filed in July 1976. Here are two co-respondents, Mr. J., Mr. M. The two petitions were tried separately by two Judges of the Bombay City Civil Court, Shri R.V. Joshi and the late Shri Makhijani, Both came to be dismissed. The learned single Judge (Mody, J.) has dismissed the two appeals preferred by the petitioner. Now he has preferred these two Letters Patent Appeals before this Court.2. It is not in dispute that the marriage of the appellant and the first respondent (hereafter generally referred to as 'the respondent') was solemnised according to Hindu rites on February...
Tag this Judgment!Vijayaben Narayandas Gujarathi Vs. Girish Thakorlal Vakil and ors.
Court: Mumbai
Decided on: Nov-26-1987
Reported in: AIR1988Bom292; 1989(1)BomCR382
ORDER1. Mr. Desai for defendants 1 and 2 hands in a draft amendment to the Notice of Motion.2. P. C. amendment allowed. Defendants 1 and 2 to carry out the amendment during the course of the day.3. The motion is heard on the basis that the amendment is carried out.4. It is high time, we have a judicial audit of the Office of the Court Receiver. Lord chancellor, who initially conceived the idea of Receiver, in his auxiliary jurisdiction, could never have envisaged the office of the Court Receiver. What ought to have been just andconvenient has now become an inevitable instrument of oppression in many instances. The Office of the Court Receiver functions by and large in the fashion of long discarded and discredited management companies, the primary object of equitable aid in the cause of justice being a total casualty. The Court Receiver and the staff are Government servants and they are paid their salary. Their duties are prescribed. And yet our Rules provide for fees on percentage basi...
Tag this Judgment!The Municipal Corporation for Greater Bombay and anr. Vs. Shroff and C ...
Court: Mumbai
Decided on: Nov-25-1987
Reported in: AIR1988Bom334; (1987)89BOMLR612
Pendse, J. 1. The respondents are a firm registered under the provisions of the Partnership Act and carry on business of dealing in liquors, wines and spirits. The respondents import Indian made foreign liquor into Greater Bombay and most of the imports are made from the State of Punjab. The respondents import diverse quantities of cases of Indian made foreign liquor from the manufacturers from time to lime under the import passes issued under Maharashtra Import and Export of Liquor Rules, 1963. The respondents have secured licence to import the liquor and store the same in their bonded warehouse situate at Tejoriwalla Building, Corner of Grant Road, Bombay, in accordance with the provisions of Maharashtra Foreign Liquor (Storage in Bond) Rules, 1964. The Government of Bombay enacted the Bombay Prohibition Act, 1949 for the purpose of amending and consolidating the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition and also the Abkari la...
Tag this Judgment!Kantilal. K. Adani Vs. Second Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-24-1987
Reported in: (1988)25ITD57(Mum.)
1.This appeal has been delayed by a period of about 17 months.Therefore, the first point to consider is regarding the assessee's application for condonation of delay. In that application, it has been stated, inter alia, as follows : It seems the said order was served on the petitioner on or around 6th August 1984. However, the petitioner was not aware about that receipt and also what was the action, if any, initiated there-against, since as per practice, the recipient, in his office may have forwarded the same to his tax consultant then.The assessee had asked his Tax Consultant to pursue the appeal and accordingly an application was made to the Commissioner for an early disposal. On oral inquiries by the Tax Consultant on or before 18th March, 1986, the petitioner came to know that the appeal had been disposed of by the Commissioner. It is the petitioner's case that he had a bona fide and firm belief till March 1986 that the appeal was pending. He has also submitted in his application...
Tag this Judgment!The Vegetable VitamIn Foods Co. (P) Ltd. Vs. Shri C.S. Yadav, Presidin ...
Court: Mumbai
Decided on: Nov-24-1987
Reported in: (1995)IIILLJ580Bom
S.M. Daud, J. 1. These petitions arise out of a reference made under Sections 10(1)(d) and 12(5) of the Industrial Disputes Act, 1947, hereinafter to be referred to as 'the Act'. 2. The workman hereinafter to be referred to as 'Thakur' was in the employment of the Vegetable Vitamin Foods Co. Pvt. Ltd. (Company) as a Motor Driver since about the year 1968. The recognised or representative Union of the workers in the year 1977 was the Maharashtra Mazdoor Congress. This Union was agitating for an improvement in the conditions regulating the working of the labour employed in the Company. On the 6th and 7th of May 1977, some incidents took place inside and outside the Company's factory premises. Pursuant to the happenings, Thakur was served with two charge-sheets dated 7th and 10th May 1977. The first charge-sheet accused him of obstructing a vehicle of the Company from entering the said Company's factory premises at about 7.15 p.m. on 6 May 1977 and thereby violating an injunction granted ...
Tag this Judgment!therapeutics Chemicals Research Corporation Vs. Justice R.D. Tulpule, ...
Court: Mumbai
Decided on: Nov-24-1987
Reported in: 1988(3)BomCR727
G.F. Couto, J.1. These two writ petitions directed against the common award made by the Central Government Industrial Tribunals in five separate references give rise to identical issues and can, hence, be disposed of by the single judgment.2. The petitioners in both the cases are Agencies recognised under the Export (Quality Control and Inspection) Act, 1963, and employ as workmen in their business, Samplers, Assistant Samplers, Sampling Boys, Chemists and Office staff. The said Act has been enacted in order to control the quality of export commodities which were to be notified by the Government. The Government of India had notified Iron Ore and Ferro Manganese and Manganese Ore as being commodities which were falling under the purview of the said Act. On 13th November, 1964, the Central Government constituted the Central Wage Board for Dock Workers employed in major ports. The said Board made some recommendations on 29th November, 1969, as regards the wages to be paid to dock workers ...
Tag this Judgment!Manohar Son of Mukundrao Deshpande Vs. Menkabai (Smt.) Wife of Mukundr ...
Court: Mumbai
Decided on: Nov-23-1987
Reported in: 1988(2)BomCR242
A.A. Desai, J.1. This Letters Patent Appeal raises a question of substantial importance as to whether the right to claim partition of a dwelling house, accrued in favour of a Hindu widow under sub-section (3) of section 3 of the Hindu Woman's Right to Property Act of 1937 (hereinafter referred to as the Act of 1937') has been placed under suspension on coming into force section 23 of the Hindu Succession Act of 1956 (hereinafter referred to as the 'Act of 1956'). The facts giving rise to the question are as under :---2. Late Mukundrao Deshpande was a member of a coparcenary. His coparcenary had inherited ancestral property including moveable and immoveable. Late Mukundrao died intestate in 1951 leaving behind his widow Menkabai (Plaintiff) and sons (defendants). They on 30-12-1954, vide Ex. 91, partitioned only agricultural land of the coparcenary and thereunder 1/5th share was allotted to the plaintiff. They, however, preferred to maintain the jointness of rest of the property.3. The ...
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