Mumbai Court August 1988 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dena Bank Vs. K. Motiram Vakil and ors.
Court: Mumbai
Decided on: Aug-05-1988
Reported in: AIR1989Bom264; 1988(3)BomCR210; (1988)90BOMLR275; [1991]70CompCas350(Bom)
ORDER1. In this Summons for Judgement, the Defendants seek leave to defend. The question is whether the amount agreed to be under written under an underwriting contract represents a liquidated demand of money within the meaning of sub-r. (I) of R. 2 of O.XXXVII of the Civil P.C. The facts out of which this Summons for Judgment arises are in paras 2 and 3 below.2. Starvox Electronics Ltd., a joint stock Company, decided to bring out a public issue of 6,50,000 equity shares, each of Rs. 10/- aggregating to Rs.65,00,000/-. The plaintiff, a Nationalised Bank, agreed to under write 50,000 equity shares of the Company. On 8th June, 1987, the Plaintiffs entered into a subsidiary underwriting agreement with the Defendants. Defendants are the Plaintiffs' sub-underwriters and the Plaintiffs are the underwriters of the Company. The Defendants agreed to 'sub-underwrite 20,000 equity shares of the face value of Rs. 2,00,000/- 'out of the public issue agreed to be underwritten by the Plaintiffs'. Th...
Satish Balkrishna Mule Vs. Shri M.V. Chaskadbi, Charirman, Shri Samart ...
Court: Mumbai
Decided on: Aug-04-1988
Reported in: (1988)90BOMLR272
C.S. Dharmadhikari, J.1. This writ petition is filed by petitioner Shri Satish Balkrishna Mule against the order dated August 16, 1985 passed by the Presiding Officer, School Tribunal, Pune refusing him the relief of reinstatement.2. The petitioner was appointed as a teacher in the school run by Shri Samarth Vidya Prasarak Mandal, Ahmednagar since 1982. His services came to be terminated some time in June 1985. Being aggrieved by the said order of termination of his services, he filed an appeal before the School Tribunal. The Tribunal came to the conclusion, that before terminating the services of the petitioner the management had not followed the procedure prescribed by Rules 33 to 37 of the Maharashtra Employees of Private School (Conditions of Services) Rules 1981 and, therefore, the termination of his services was illegal. As a necessary consequence of this, the order of termination came to be set aside.3. However, instead of granting the normal relief of reinstatement, the Tribuna...
R.M. Donde, Income-tax Officer Vs. Mukundrai Kuberdas Katakia and Anot ...
Court: Mumbai
Decided on: Aug-02-1988
Reported in: (1988)90BOMLR502; [1989]176ITR381(Bom)
Daud, J.1. These are companion appeals directed against a like number of verdicts of acquittal flowing from complaints lodged against respondent No. 1 ascribing to him the commission of an offence punishable under section 276B of the Income-tax Act, 1961 ('the Act').2. Respondent No. 1, also referred to as the accused, is the managing partner of a firm doing business in the name and style of Universal Export and Import Agency. This firm has three sub-concerns and the profits and losses sustained by the said concerns are brought into the account of the parent firm, viz., the Universal Export and Import Agency. While scrutinising the account books of the Universal Export and Import Agency, it was noticed that accounts of certain parties (creditors) had been credited with interest, each such entry corresponding to a debit entry against the cash balance of the Universal Export and Import Agency. The firm maintained its books in accordance with the mercantile system. The aforementioned entr...
Baburao Deorao Wankhede Vs. Sewa Sahakari Sanstha and anr.
Court: Mumbai
Decided on: Aug-02-1988
Reported in: 1989(2)BomCR15
M.M. Qazi, J.1. This writ petition has arisen out of the proceedings initiated bey the respondent No. 1 Sewa Sahakari Sanstha, under section 9 of the Maharashtra Co-operative Societies Act, before the Co-operative Court, Nagpur, 8 opponents were joined as parties by the respondent No. 1 (Sewa Sahakari Sanstha). Respondent No. 2 Babasaheb Kinkhede was joined as opponents No. 7 and the petitioner was joined as opponent No. 8. It was contended that the respondent No. 1 Society owned a truck and that it was given to respondent No. 2 on hire but Babasaheb Kinkhede, instead of paying the hire charges misappropriated the amount of the Society. The Co-operative Court passed an Award vide order dated 31st March, 1968 declaring that the amount of Rs. 25, 950/- should be recovered from the opponents Nos. 7 and 8 i.e., the respondent No. 2 and the petitioner, failing which the amount shall be recovered from the opponents Nos. 1 to 6. The award was challenged by way of appeals by opponents Nos. 1 t...
Harivansh S/O Vallabhdasji Battad and ors. Vs. State of Maharashtra an ...
Court: Mumbai
Decided on: Aug-02-1988
Reported in: 1988(4)BomCR553
V.A. Mohta, J.1. In these six petitions, the validity of the Maharashtra Tribals Economic Condition (Improvement) Act, 1976 ( the Act) is questioned.2. Preamble gives the aims and objects and also the background of the Act. It reads :'Whereas having regard to the economic and social backwardness of the Tribals owning to the geographical and social isolation in which they have lived hitherto, it is considered necessary to bring about within as short a time as possible an effective improvement in the economic condition of the Tribals; And whereas one of the measures to bring about such effective economic improvement was to protect them from exploitation by certain unscruplous elements in society by making any lending made before the commencement of the Maharashtra Tribals Economic Condition (Improvement) Ordinance, 1976, invalid and void ab-initio and by prohibiting private agencies from lending them anything, and by prohibiting the marketing of certain agricultural produce in the Tribal...
Jivanlal Jasangdas Patel and 4 Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-01-1988
Reported in: (1988)(17)LC609Tri(Mum.)bai
The Collector of Central Excise, Baroda, by his Order No. 3/MP/81, dated 2.11.1981 ordered absolute confiscation of primary gold weighing 5.800 gms valued at Rs. 812.00 and also ordered confiscation of primary gold weighing 46.200 gms valued at Rs. 5,793.00 but allowed redemption on payment of fine of Rs. 2,000/- and imposed a penalty of Rs. 1,00,000/- on Shri Maneklal Hiralal Patel. Feeling aggrieved by the order of confiscationas well as imposition of penalty Shri Maneklal Hiralal Patel filed an appeal before the Gold Control Administrator.2. in the above said order the Collector had imposed a penalty of Rs. 5,000/- each on: Feeling aggrieved by the above order the said four persons filed four appeals before the Gold Control Administrator.3. All the 5 appeals which were pending with the Gold Control Administrator statutorily stood transferred to the Tribunal after the coming into force of Finance Act, 1980.4. Since all these five appeals arise out of a common order and as they invol...
Nafiz Ahmed Vs. the State
Court: Mumbai
Decided on: Aug-01-1988
Reported in: 1988(3)BomCR319
Dr. Couto, J.1. This appeal is directed against the Judgment and order dt. 25th January, 1988, passed by the learned Assistant Sessions Judge, Panaji, whereby the appellant herein was convicted for an offence punishable under S. 21 of Narcotic Drugs and Psychotropic Substances Act.2. The appellant had been charged with the aforesaid offence on the grounds that he was found in possession of 800 grams of brown sugar. The prosecution case has been that on 10th August, 1986, during the morning, P.S.I. Mohan Karckar received information that two boys had come from Bombay with drugs and were lodged in the Hotel Bardez of Mapusa. On enquiry, he came to know that they had left the Hotel and were at the bus stand. P.S.I. Karckar, accordingly, went to the bus stand along with the informant and at about 12 noon, the informant pointed out the original accused No. 1 as the drug peddlar. The accused No. 1 was taken to the police station for interrogation and in the course of it, he disclosed that he...
Ayeshabi Vs. L. Hmingliana, Secy. to Govt. of Maharashtra
Court: Mumbai
Decided on: Aug-01-1988
Reported in: 1989(39)ELT196(Bom)
Pendse, J.1. The Secretary to the Government of Maharashtra, Home Department, by order dated March 16, 1988 passed in exercise of powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, directed detention of Mukhamed Husain Mohammed Shafi under the Act with a view to prevent him from smuggling goods. The order of detention was served on May 2, 1988 and the grounds of detention were furnished. The grounds of detention, inter alia, recite that on March 26, 1987 the detenu arrived from Dubai and was intercepted at the Arrival Lounge. The detenu was carrying three pieces of baggage and on enquiry stated that he was only carrying textiles and miscellaneous items and leg exercise cycle. The Customs Officers felt suspicious and after the exercise cycle was checked 21 foreign mark gold bars cleverly concealed in the discwheel were noticed. The gold bars were valued at Rs. 4,18,710/-. The statement of the detenu was rec...
Sushila Krishanlal JaIn Vs. Union of India
Court: Mumbai
Decided on: Aug-01-1988
Reported in: 1989(39)ELT198(Bom)
Pendse, J.1. The Joint Secretary to the Government of India by order dated April 28, 1988 passed in exercise of powers conferred by sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, directed detention of Kishanlal Nemichandji Jain with a view to preventing him from acting in any manner prejudicial to the argumentation of foreign exchange. The order of detention was served on June 2, 1988 and the grounds of detention were furnished.2. The grounds, inter alia, recite that information was received by the office of the Enforcement Directorate that the detenu is regularly dealing in sale and purchase of foreign currency from his residential premises at Sharda Chambers, 'B' Wing, 5th Floor, Narsi Natha Street, Bombay, and that on November 22, 1987 two persons, viz. Kishinchand and Bharat were to deliver huge amount of foreign exchange to the detenu. Based on the information, the Enforcement Directorate raided and searched t...
Hemraj Shamrao Umredkar Vs. Leela
Court: Mumbai
Decided on: Aug-01-1988
Reported in: AIR1989Bom146
ORDER1. This is husband's application challenging the order passed by the Civil Judge, Senior Divisions, Nagpur, holding that the respondent's application under O. 9, R. 13 of the Civil P.C. for setting aside the decree of divorce obtained by the respondent for interim maintenance is maintainable.2. Upon the applicant's petition the trial Court passed a decree of divorce on 17-3-1983. The respondent applied on 18-4-1983 for setting aside that decree and in that proceeding the trial Court gave a direction for interim maintenance under S. 24 of the Hindu Marriage Act . Upon an objection taken to the maintainability of the application, the learned trial Judge held that the application for interim maintenance was maintainable under S. 24 of the Act and fixed the case for evidence on the quantum of maintenance to be awarded.3. The challenge by the learned counsel for the petitioner to this order is two-fold. Firstly that the proceeding for setting aside an ex parte decree of divorce passed,...
- ‹ Prev
- 1
- 2
- 3
- 4
- Next ›