Mumbai Court October 1990 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.
Mohamad Hussen Mujawar and anr. Vs. Adam Ibrahim Mujawar and ors.
Court: Mumbai
Decided on: Oct-11-1990
Reported in: 1991(2)BomCR11; (1991)93BOMLR243
M.L. Dudhat, J.1. This first appeal arises from the judgment and order passed by the Second Extra Assistant Judge, Kolhapur, dated 30th of July, 1982, in Misc. Application No. 43 of 1982 filed under section 72 of the Bombay Public Trust Act, 1950. The dispute relates to the management of Deosthan Inam viz., Hazrat Peer Malik Rehan Dargah, Kille Vishalgad, Taluka Shahuwadi, District Kolhapur, Commonly known a Vishalgad Dargah (hereinafter for brevity sake referred to as 'the said Dargah'). The facts lie within a narrow compass. For the maintenance of the said Dargah two lands were given, one at village Gajapur in Shahuwadi Taluka, District Kolhapur, and the other at village Adhisthi in Sangameshwar Taluka, District-Ratnagiri. Both these lands are Deosthan Inam lands and the income derived from these two lands is spent for the upkeep of the said Dargah. It appears that in 1952 two separate applications were made by one Hussen Mujawar, father of the present appellants, and Usman Kadir for...
Vitro Pharma Products Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-10-1990
Reported in: (1991)LC614Tri(Mum.)bai
1. This is an appeal directed against the order of the Collector of Customs, Air Port, Bombay, bearing No. S/10-2901/84ACC(V) dated 14-10-1986 ordering confiscation of orthopaedic appliances valued at Rs. 2,69,442/- but allowing re-shipment of the goods on payment of fine of Rs. 60,000/-.2. Shri Willingdon Christian, the Ld Advocate alongwith Shri Ghosh, the Power of Attorney holder appeared on behalf of the appellants and narrated the factual position as below: 3. The appellants have been regularly importing surgical goods and Orthopaedic appliances from the Australian suppliers. Foreign suppliers from Australia shipped the consignment in question under Bill of Lading dated 1-5-1986. The contents of the consignment came to their knowledge on 12-5-1986 through the bank. Immediately they came to realise that the goods were not ordered by them and hence on the same day they sent a telex message that the goods have been sent without their asking for the same and asking the suppliers to c...
Girna S.S.K. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-10-1990
Reported in: (1991)(53)ELT404Tri(Mum.)bai
1. This is an appeal directed against the order passed by the Collector of Central Excise, Aurangabad, bearing No. Collr./153/89 dated 15th December, 1989. Brief facts for purpose of disposal can be stated as below :- 2. The appellants are manufacturers of Sugar and also obtain bye product Molasses. During the sugar seasons 80-81,81-82 and 82-83 there was an unprecedented bumper crop of sugarcane and consequently sugar production as also Molasses production was very high. Hence they were necessarilly required to store Molasses in katcha pits and Molasses, being subject to Molasses control order, their clearances cannot keep pace with the receipts and the accumulation got deteriorated over a period of time and ultimately the quantity of 5115.865 M. Tons of Molasses have to be destroyed after getting permission from the Collector. This destruction was carried out in the presence of Central Excise Assistant Collector and also other authorities. However, subsequently a show cause notice w...
Shree Jaya Mahal Co-operative Housing Society Ltd. Vs. M/S. Zenith Che ...
Court: Mumbai
Decided on: Oct-10-1990
Reported in: AIR1991Bom211; 1991(3)BomCR201; (1991)93BOMLR881
ORDER1. These petitions under Article 226 of the Constitution take exception to an order passed by the then Minister of State for Agriculture and Co-operation -- being respondent No. 2 to the petitions -- purporting to be in exercise of his powers under Section 154 of the Maharashtra Co-operative Societies Act, 1960 -- hereinafter referred to as the 'Act'. 2. Building known as 'Jaya Mahal' at French Bridge, 45, Atmaram Rangnekar Marg, Bombay 400 007, belonged to Khimji Chaturbhuj and certain others as joint owners. The building consisted of about six storeys and the ground floor was in the occupation of the first respondents to the petitions -- hereinafter referred to as 'Zenith Chemicals' and 'Poona Automobiles' respectively. Zenith Chemicals were in occupation of five shops covered by two separate rent receipts. Poona Automobiles occupied shop No. 6 which was divided by them -- one portion being sublet to Dharmatar Automobiles. The upper storeys were in the occupation of the resident...
Rani Jamshed Parakh Vs. Union of India (Uoi) (Through Ministry of Ship ...
Court: Mumbai
Decided on: Oct-10-1990
Reported in: 1991(2)BomCR191
S.M. Daud, J.1. This petition under Article 226 of the Constitution is now restricted to deciding whether or not petitioner is entitled to the differential vis-a-vis the salary received by her and that allegedly due to her for the period 1-8-1982 to 25-4-1989.2. Petitioner and respondent 3 both joined the employment of the second respondent - hereinafter referred to as the 'BPT'-in the secretarial cadree. The BPT until April 1975 had a Chairman without a deputy. In April 1975 the post of a deputy Chairman was created. The Chairman as also the Deputy Chairman had private secretaries. The private secretaries though attached to Officers enjoying a difference in pay, rank and status, drew the same salary i.e. 950-40-1110-45-1245-EB-45-1380-50-1630. Sometime, in December 1961 a question arose as to who as between petitioner and the third respondent was senior. The then Secretary of the BPT recorded a decision holding the third respondent to be senior to the petitioner. The decision as such ...
D.S. Construction Pvt. Ltd. Vs. Export Credit Guarantee Corporation of ...
Court: Mumbai
Decided on: Oct-10-1990
Reported in: (1991)93BOMLR751
S.M. Jhunjhunwala, J.1. This is a chamber summons taken out by the defendants for amending extensively their written statement dated 31st January 1988.2. Briefly stated, the case of the plaintiffs, as pleaded in the plaint filed in the above suit, is as under :(i) By a contract dated 7th September 1980, executed by and between the Socialist Peoples Libyan Arab Jamahiriyah (Secretariat of Agrarian Reclamation and Land Reconstruction) and Messrs. Kathmann A.G. Ltd. of Switzerland (hereinafter referred to as 'the said Kathmann'). The said Kathmann agreed inter alia, to construct poultry farms in 42 cities in Libya(ii) The plaintiffs, being desirous of participating in the contract dated 7th September 1980 as sub-contractors of the said Kathmann. entered into a contract, being the contract dated 9th December 1980 (hereinafter referred to as 'the said contract') with the said Kathmann, whereby the plaintiffs took over liabilities and responsibilities of the said Kathmann under the contract ...
Abdul Nasir Khan Vs. L. Hmingliana and Others
Court: Mumbai
Decided on: Oct-09-1990
Reported in: (1991)93BOMLR298; 1991CriLJ507
Kurdukar, J.1. This petition for a writ of habeas corpus under Article 226 of the Constitution of India is filed by the detenu (petitioner) challenging the legality and correctness of the detention order dated April 24, 1990 issued by the first respondent in exercise of powers under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act'). The order of detention is at Exh. A. Grounds of detention were formulated pari passu the order of detention and the same are annexed to this petition at Exh. B. The order of detention, grounds of detention and the material thereof were served upon the detenu and no challenge has been raised before us in that behalf.2. At the outset it may be stated that other two companion criminal petitions bearing Criminal Writ Petition No. 530 of 1990 Amir Shad Khan v. L. Hmingliana and others and Criminal Writ Petition No. 531 of 1990 Aziz Ahmedkhan alias Aziz Mohamed Khan s/o Ami...
Bussa Overseas and Properties (Pvt.) Ltd. Vs. Union of India
Court: Mumbai
Decided on: Oct-09-1990
Reported in: 1991(53)ELT165(Bom)
Sugla, J.1. Issues involved in these seventeen petitions under Article 226 of the Constitution of India are somewhat similar. For the sake of convenience all of them are disposed of by a consolidated judgment.2. The issue in Writ Petition Nos. 685, 2031, 2518 and 3317 of 1986, 699, 2265, 3068, 3645 and 3975 of 1987, 1534, 2030, 2595 and 2717 of 1988 is whether the goods imported by the petitioners answer the description 'Ethyl Alcohol' mentioned in the respective REP licences. The goods imported are in most of the cases Whisky concentrate. In few cases it is Gin concentrate or Brandy concentrate, described in the Bill of Entry as '... years old Vatted Malt Scotch Spirit at 60% or 61% Vol.' 'Compound Alcoholic Preparations known as concentrated extract for manufacture of Alcohol Beverage' and 'Compound Alcoholic Preparation known as concentrated extract for manufacture of Alcoholic Beverages at Appro. 60/61% V/V.' or more or less respectively.The issue in Writ Petition Nos. 3816 of 1987...
Bharat Petroleum Corporation (Refinery) Employees Union Vs. H.N. Thada ...
Court: Mumbai
Decided on: Oct-09-1990
Reported in: 1991(2)BomCR364
S.M. Daud, J.1. The 1984 petition afore-mentioned stands supplanted by the 1987 petition in view of a change in the law.2. The Bharat Petroleum Corporation Ltd. being a respondent in both the petitions has employees in the blue-collar as also white-collar varieties. The petitioner-Union represents the employees in the matter of labour disputes and wage settlement etc. The employer had on its roll a number of workmen who were continued as temporary employees. This apart, the employer wanted to retire the blue-collar employees on their attaining the age of 55 years, whereas the white-collar employees were to be continued in employment upto their attaining the age of 58 years. The refusal to grant permanency to temporary employees and the discrimination made in the ages of retirement between manual and mental workers exercised the minds of employees. They showed their resentment in various ways and on 16-1-1982 the Corporation's management came out with a notice proclaiming a restraint up...
Harishchandra Mahadeo Mistry Vs. V.V. Afzalpurkar and Others
Court: Mumbai
Decided on: Oct-08-1990
Reported in: AIR1991Bom177; 1991(1)BomCR531; 1991(1)MhLj24
1. The present petition seeks to challenge an order of eviction passed by the Competent Authority under S. 66(1) of the Maharashtra Housing and Area Development Act, 1976. The premises in question is a tenement bearing No. 25/542 in cuffe Parade, Colaba Transit Camp. The same was allotted to the petitioner in January 1984 for residential purposes since the tenement which was in his occupation required structural repairs. 2. On 5th December, 1986 the Competent Authority (III) appointed under the aforesaid Act issued a show cause notice to the petitioner to show cause why he should not be evicted. The grounds on which the petitioner was sought to be evicted was that he was running an unauthorised video business and was also storing cold drinks in front of the said premises. In response to the said notice the petitioner appeared before the Competent Authority through an Advocate. After the necessary evidence was recorded, the Competent Authority by its judgment and order dated 22nd July 1...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- Next ›
- Last »