Mumbai Court September 1988 Judgments
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Vishwas V. Bhagwat Vs. Girish K. Vora and anr.
Court: Mumbai
Decided on: Sep-20-1988
Reported in: 1989(1)BomCR87
H. Suresh, J.1. One Smt. Tehmina N. Bohariwalla had filed a suit being S.C. Suit No. 5833 of 1975 in the Bombay City Civil Court, as against the present petitioner and another for possession of a piece of land stated to be encroached upon by the defendants. During the pendency of the suit, the said plaintiff sold her right, title and interest in the property, of which the suit premises is a part, to respondent No. 1 under a registered deed of conveyance dated October 21, 1976. Respondent No. 1, however, did not make any application to the Court to be joined as party plaintiff. The said Tehmina (plaintiff) died on August 22, 1980. Some time in December 1981, respondent No. 1 took out a Chamber Summons for setting aside the abatement of the suit and for bringing himself on record in place of the deceased-plaintiff as a successor entitled in the place of heirs and legal represntatives of the deceased plaintiff. He also sought for condonation of delay in preferring the said application. In...
Harishchandra Mahadev Parab Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-20-1988
Reported in: (1988)90BOMLR549; 1989MhLJ364
Ashok Agarwal, J.1. The short question that arises for determination in this petition is whether the petitioner, who is a Member of the Maharashtra State Co-operative Appellate Court, can be transferred by the State Government from Bombay to Nagpur as has been done in the present case.2. By an order dated July 1, 1977 the petitioner was appointed as a Judge of the Co-operative Court. On May 12, 1987 he was promoted and appointed as Member of the Maharashtra State Co-operative Appellate Court at Bombay. On April 7, 1988 four other persons were similarly appointed as Members of the Co-operative Appellate Court and by order dated April 15, 1988 of the President, the respondent No. 2, they were posted at 'Benches in Bombay, Nagpur, Pune and Aurangabad. By the impugned order dated June 7, 1988 the petitioner was transferred from Bombay to Nagpur and this transfer order is challenged in this petition.3. On June 20, 1988 this petition was summarily rejected by my learned brother Justice Kurdu...
Sunderi Shivram Shetty (Smt.) and ors. Vs. Shaikh Mohamed HussaIn Shai ...
Court: Mumbai
Decided on: Sep-19-1988
Reported in: 1989(1)BomCR122; 1989MhLJ66
H. Suresh, J.1. The petitioners had filed a Civil Suit bearing No. 1040 of 1968 in the Court of Small Causes, Pune, as against the respondent herein for recovery of possession of certain premises under section 13(1)-(hh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (herein after referred to as 'the Bombay Reny Act'). The trial Court decreed the suit and the decree was confirmed by the Appellate Court. The petitioners obtained possession of the premises and after giving suitable undertaking constructed a new building. As required under the law, the respondent was given one tenement in that new building. It appears that there was some delay in handing over possession of the new tenement and, therefore, the respondent had taken certain contempt proceeding. However, during the pendency of the said proceeding, the petitioners handed over to the respondent the possession of the new tenement and a receipt of possession dated March 15, 1980 came to be passed by the resp...
Manubhai Paragji Vashi Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-19-1988
Reported in: 1988(3)BomCR521
S.M. Daud, J.1. This petition purporting to be in the public interest seeks various directions to the State of Maharashtra - being the 1st respondent to make disclosures and launch actions for recovery of dues and eviction against respondents 2 to 10 and others similarly situated. 2. The Gujrati daily 'Janmabhoomi' in its issue dated 1 July, 1988 had an item drawing attention to the outstandings of occupation dues from ex-and the-then-ministers of the State Government. Exh. A is claimed to be an English rendition of the same. Stirred by the same, petitioner addresses a latter to the Chief Secretary to the Government to ascertain in the true position. There was no response to the said letter advocate hence this petition.3. The press report aforementioned reveals huge outstandings from respondent 2 to 7 who are in the present Ministry and respondent 8 an ex-minister. Respondents 9 and 10 are Ex-chief Ministers but still in occupation of spacious Government bungalows. Because of this impr...
Resham Singh Brothers Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-16-1988
Reported in: (1989)(19)ECC260
1.The issue in this matter is whether, tyres, tubes and flaps imported by appellants and claimed to be covered under O.G.L. 10(4) of AM-83 Policy, can be properly considered as spares for actual users (Non-Industrial) or, as alleged by the department, they are consumer goods hit by S. No. 77 of Appendix 4 AM-83 Policy, vide definition under para 5(13) of the said policy.2. We have heard Shri V.B.Akolkar, Advocate, for the appellants and Shri S.P. Prabhu, JDR, for the department.3. In the order in appeal the Additional Collector held, that while admittedly, tyres, tubes and flaps (in equal numbers) are excluded from Appendix 3, they are hit by S.No.77 of Appendix 4 AM-83 Policy, read with the definition under para 5(13) of the Policy Book AM-83. The Additional Collector held that, the importers were required to produce a certificate under the Shops and Establishments Act, valid at least for last three years, which they failed to do. It was also held, that whether or not the items are c...
Western Trading Corporation Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-14-1988
Reported in: (1989)(43)ELT124Tri(Mum.)bai
1. This appeal arises out of and is directed against the order-in-appeal bearing No. S/49-56/83L dated 31-10-1983 passed by the Collector of Customs, Bombay.2. The appellants herein imported various items prescribed them in the Bill of Entry filed by them as (1) Consumable and (2) Chemicals (Lab chemicals) and presented a licence No. 2844712 dated 11-3-1981. This licence is a replenishment licence for export product under D.2.1. The licensing period given in the licence was April-March, 1981. The goods however have been imported in the licensing period April-March, 1982.In the slip dated 27-6-1981 attached to the licence, it is stated by way of a condition that "this licence will also be valid for import of OGL items under Para 185 of Import Policy 1981-82 subject to the conditions laid down, and shall be non-transferrable. These words are also repeated in Sub-para (2) of Para 185 of the ITC Policy AM 1981-82.3. Controversy arises in respect of the 5 chemicals which are described as :...
Franciscan Sisters of St. Mary and anr. Vs. Administrative Tribunal fo ...
Court: Mumbai
Decided on: Sep-14-1988
Reported in: 1988(4)BomCR198
C.S. Dharmadhikari, J.1. The petitioners, a registered body, are conducting the Assumpta Convent High School at Sazzora. This School is recognized by the S.S.C. Board of Goa, Daman and Diu. The School conducts classes right from K.G. to S.S.C. It is private aided School and receives aid from the Government. It is also the case of the petitioner that it is a minority institution within the meaning of Article 30 of the Constitution of India. The respondent No. 4 was appointed as assistant teacher on probation on 16th July, 1984. His services came to be terminated vide Order dated 11th May, 1987. Being aggrieved by the said Order of termination the said respondent filed an appeal before the first respondent the Administrative Tribunal under section 22(1)(e) of the Goa, Daman and Diu School Education Act, 1984 (hereinafter referred to as 'the Act'). A preliminary objection was raised by the petitioner society about the maintainability of the appeal itself. The Tribunal by its Order dated 1...
Shyam and ors. Vs. Commissioner of Police and anr.
Court: Mumbai
Decided on: Sep-13-1988
Reported in: 1988(4)BomCR540
H.W. Dhabe, J.1. A right to life is more precious than a right to trade or to carry on one's business and in case of conflict between the two, the former must prevail over the latter. The petitioners in this writ petition challenge the order of the Commissioner of Police dated 22-7-1988 issued under section 33(1)(b) and (c) of the Bombay Police Act, 1951 (for short 'the Act') regulating the entry of all kinds of heavy vehicles in the Nagpur city during certain hours. We had called upon the State to file its submissions. According to the written submissions filed on behalf of the State the necessity for issuing the impugned order arose looking to the growing incidence of accidents in the Nagpur city, the victims particularly being the school going children. A chart is given in para 8 of the written submissions giving the number of accidents which took place in Nagpur City by local trucks as well as outside trucks from 1985 onwards. A comparative chart is also given in para 8 to show tha...
The Registrar, University of Pune Vs. Kelkar and Kelkar
Court: Mumbai
Decided on: Sep-12-1988
Reported in: (1989)91BOMLR62; 1989MhLJ431
P.S. Shah, J.1. The University of Pune has filed this petition under Article 227 of the Constitution challenging the order dated February 24, 1984, passed by the Civil Judge, Senior Division, Pune, rejecting its application for permitting them to file its objections to the Award passed by the Arbitrators in favour of the respondents as also against the order rejecting its application for condonation of delay in filing the objections.2. The facts in so far as they are material are as under :3. The petitioner is the University of Pune established under the Poona University Act. The respondents are building contractors to whom the petitioner had entrusted the contract of constructing teachers' quarters within the University Campus. On a dispute in respect of the respondents' claim towards the said contract between the petitioner and respondents having arisen, the dispute was referred to the arbitration of two arbitrators, one to be appointed by each of the two parties as per the arbitrati...
William Murphy Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-09-1988
Reported in: (1989)(22)LC385Tri(Mum.)bai
1. This appeal arises out of and is directed against the order-in-original bearing No. S/43-UB-117/88-89 P dated 27-7-1988 passed by the Addl. Collector of Customs (General). The appellant Shri Murphy William, holder of Passport No. R 143191 is a British National. He presented an application for import of 2 vehicles through the Port of Bombay under Triptique system. He was in possession of 2 Carnet-de-Passages issued by the Carnet issuing authority of Holland (Netherlands).3. The cars which were 2 stations wagons 10 seaters each were shipped from Dubai and since the name of the customer was mentioned as M/s.William Murphy India in the invoice and C/o. Airfreight Pvt. Ltd. Sahar, Cargo Complex and since the appellant happens to be a tourist having his base at U.K. and carnets were obtained at Netherlands and since 2 vehicles were imported by 2 carnets, some doubt was felt by the Customs regarding the bonafide of the importation and particularly when the appellant was not representing o...
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