Mumbai Court December 1991 Judgments
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The State of Maharashtra Vs. Miss Surbi Chagan Hirabhai Maraman Devsi ...
Court: Mumbai
Decided on: Dec-13-1991
Reported in: 1991(4)BomCR330; 1992CriLJ1384
S.W. Puranik, J.1. The State of Maharashtra-Original complainant challenges the sentence awarded to the respondents-original accused Nos. 1 and 2 as inadequate and prays for enhancement of that sentence. 2. On 17th May 1990, respondents-original accused Nos. 1 and 2 arrived at Sahar International Airport from Frankfurt by Lufthansa Airways Flight. On suspicion they were intercepted and questioned. They, however, denied having brought any contraband within the country. The Customs authorities insisted and searched their baggages and persons. The respondents were found to be carrying 150 gold biscuits each concealed in their detachable belts around the waist. Thus, a total 300 gold biscuits were seized during the search valued at more than Rs. 1 crore. On completion of the investigation, the respondents-accused Nos. 1 and 2 along with two other-accused Nos. 3 and 4 were charge-sheeted for the offences under sections 135(1)(a) and 135(1)(b) read with Section 135(1)(i) of the Customs Act a...
Shramik Utkarsha Sabha Vs. Raymond Woollen Mills Ltd. and ors.
Court: Mumbai
Decided on: Dec-13-1991
Reported in: (1995)IIILLJ263Bom
1. H.D. Patel, J: This appeal is directed against the order passed by the learned single judge of this Court on 19th June, 1991 refusing to grant interim relief at the time of issuance of the 'Rule'. Instead an order seems to have been passed as 'expedited'. In the absence of any order passed on interim relief it is presumed by the appellant that the relief has been rejected and hence this appeal came to be filed.2. In order to decide the points involved in this appeal, it is incumbent upon this Court to probe deeper also on merits of the Writ Petition. Virtually by deciding the appeal on interim relief the Writ Petition itself would stand decided. Realizing the situation the parties to this appeal very fairly consented to dispose of the writ petition itself which this Court has undertaken to do. Accordingly we have heard the parties even on merits with a view to dispose of the writ petition as well.3. The appellant who had filed the writ petition, is a Trade Union duly registered unde...
Gleitiager (i) Ltd. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Dec-13-1991
Reported in: (1994)IIILLJ344Bom
Sukumaran, J. 1. The petitioners are engaged in industrial activities dealing with bi-metal products. They have obtained a licence in the year 1975 evidenced by Licence No. IL/290(75) dated 6.8.1975 for the manufacture of bi-metal bearings, bushes and thrust washers. They were carrying on business in Plot No. H-6 in MIDC Industrial Area, Chikalthana. They thought of opening up another activity-production of an allied product. The products were bi-metal bearings and bushes. They own Plot No. H-7 in the same industrial area. Needless to say that the plots must be contiguous to Plot No. H-6. In the new area, the petitioner set up production of bi-metal strips. They got a clarification evidenced by Exhibit-I dated 16.8.1988 that they do not require a separate licence/SIA's registration for the manufacture of bi-metal strips for captive use in the light of the industrial licence already held by them.2. The petitioner made an application under Section 16 for infancy benefits for the establis...
Property Owners' Association and Ors. Vs. State of Maharashtra and Ors ...
Court: Mumbai
Decided on: Dec-13-1991
Reported in: 1992(1)BomCR152
M.L. Pendse, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging Constitutional validity of Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as the 'Act'). The petitioner No. 1 are an Association of Property Owners who claims to protect the interest of owners of immovable properties in City of Bombay. The petitioners Nos. 2 to 5 are Trustees of a Public Charitable Trust, while petitioner No. 6 is a landlady of a house situated at Matunga. The petitioners Nos. 7 to 17 are owners of diverse properties and claim that their properties are structurally sound and the Floor Space Index (F.S.I.) in respect of these properties is not exhausted and is available for further construction.2. Before adverting to the challenge raised in the petition, it is necessary to refer to the Legislative provisions which are relevant to appreciate the contentions raised in the petition. The land available fo...
Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.
Court: Mumbai
Decided on: Dec-13-1991
Reported in: 1991(4)BomCR289
S.M. Daud, J.1. An issue of some consequence debated fully before this Court, though not raised in the forum below is the subject of this order.2. The appellant-plaintiff has filed a suit in the City Civil Court (City Court) Bombay for a declaration and injunction alleging Breach of Trust by Respondents Nos. 1 to 3 (defendants Nos. 1 to 3) vis-a-vis property known as Dhan Bhavan and by the induction of Respondent No. 4 (defendant No. 4) as a trustee of the Bai Dhankorabi Morarji Thakoriji Trust (trust). Interim reliefs were claimed by way of the appointment of a Receiver to take over the trust property and an injunction to restrain defendants from using or dealing with the said property through a motion. The same having been dismissed, plaintiff has come in appeal. The issue under consideration is whether the CitFV.y Court had jurisdiction to try the suit. If the answer to the issue be in the negative, the order impugned in appeal will naturally not survive.3. Plaintiff a co-trustee of...
In Re: Pmp Auto Industries Ltd.
Court: Mumbai
Decided on: Dec-12-1991
Reported in: 1991(4)BomCR387; [1994]80CompCas289(Bom)
B.N. Srikrishna, J.1. These three company petitions pertain to the sanctioning of schemes of amalgamation under which the PMP Auto Industries Ltd. (petitioners in Company Petition No. 428 of 1991) is to be amalgamated in the company, S. S. Miranda Ltd. (petitioners in Company Petition No. 515 of 1991), and immediately thereafter S. S. Miranda Ltd. is to be amalgamated in the company known as the Morarjee Goculdas Spinning and Weaving Co. Ltd. (petitioners in Company Petition No. 516 of 1991). 2. In the facts and circumstances, it would be convenient to decide the three company petitions, under section 391 of the Companies Act, by a common judgment and order. 3. PMP Auto Industries Ltd. was incorporated on October 18, 1969, as a private company and became a deemed public limited company on September 9, 1981, pursuant to the provisions of section 43A of the Companies Act. The main objects of this company, inter alia, are as follows : '(a) To carry on business as manufacturers, designers,...
Maharashtra State Electricity Board and anr. Vs. National Transport Co ...
Court: Mumbai
Decided on: Dec-12-1991
Reported in: 1991(4)BomCR556; (1992)94BOMLR433
V.A. Mohta, J.1. This judgment will govern disposal of First Appeal No. 170 of 1983 and 172 of 1983.Maharashtra State Electricity Board and its Senior Power Station Superintendent, Paras, (original defendant Nos. 1 and 2 respectively,) have filed First Appeal No. 170 of 1983 against the judgment and decree for recovery of a sum of R. 5,78,250/- alongwith interest @ 6% P.A. as damages on account of breach of contract passed in favour of M/s. National Transport company, a registered partnership firm (Original plaintiff). First Appeal No. 172/1983 is plaintiff's appeal against reduction of claim for damages.2. The substance of the case of the plaintiff is:The plaintiff is a dealer in coal as and had dealings in the said goods with the defendants in 1975. In pursuance if invitation of tenders on behalf of the defendants for purchase of wet coal ash for the subsequent period between 29-5-1976 and 28-5-1977, the plaintiff and 16 others submitted tenders which were opened on 25-3-1976. The pl...
Kantabai Tulsiram Thorat Vs. National Insurance Co. Ltd. and ors.
Court: Mumbai
Decided on: Dec-11-1991
Reported in: II(1992)ACC565; 1992ACJ332
H.D. Patel, J. 1. A claim of Rs. 1,00,000/- was set up by the appellant on account of death of Tulsiram Bhagwan Thorat in an accident that occurred on 17.8.1982 at 7.00 a.m. while he was proceeding on foot towards the factory for work. The Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') awarded only Rs. 37,500/-with interest at 6 per cent per annum from the date of application and proportionate costs. Feeling aggrieved by the judgment dated 26th September, 1984, the appellant has preferred this appeal.2. The appellant is the widow of the deceased Tulsiram Thorat. She claimed Rs. 1,00,000/- for herself and four minor children who were dependent on the deceased. While the deceased was walking down to his factory, one bus bearing No. MTT 4437, driven by respondent No. 3, Pandurang, came from behind, knocked him down and thereafter proceeded further to collide with the car passing in the same direction ahead of it. Tulsiram fell down and received severe injuries...
Third Income-tax Officer Vs. Jhaverbhai Patel Ch. Trust
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-10-1991
Reported in: (1992)43ITD195(Mum.)
1. This appeal by the revenue is directed against the order of the CIT (Appeals)-XIII, Bombay and relates to the assessment year 1984-85.2. This appeal was fixed for hearing after due notice to the parties.However, when this appeal was called on for hearing, there was no representation on the part of the respondent. The appeal, therefore, has been heard, ex parte, on merits, qua the respondent and is being disposed of in accordance with law.3. Shri K. Balakrishnan, the ld. Departmental Representative, appeared before us and submitted that the assessee has violated the provisions of Section 11(5) of the IT Act, 1961 (hereinafter called the Act).Therefore, exemption as contemplated under Section 11 of the Act cannot be granted to the assessee. Our attention was invited to the observation made by the ITO while disallowing the claim. The relevant portion reads as under: Since the amount credited to corpus fund are still to be received by the assessee, the amount remains with the Surajba C...
Saileshkumar Bhanwarlal JaIn Vs. L. Hmingliana, Secretary (Preventive ...
Court: Mumbai
Decided on: Dec-10-1991
Reported in: 1991(4)BomCR378; 1992CriLJ913
S.W. Puranik, J.1. The petitioner Saileshkumar Jain challenges the order of detention of his brother Mukesh Bhanwarlal Jain passed by the 1st respondent on 1st April, 1991 under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Admittedly, the order of detention was executed on 30th August, 1991 and the detenu is in custody since then. 2. Even though other grounds have been raised in the petition, one additional ground by way of amendment with the leave of the Court was urged by the petitioner. The said added ground is to the effect that the detenu's representation dated 26th September, 1991 addressed to the Advisory Board and the Minister for State for Home Affairs was despatched on behalf of the detenu and at the foot of the said representation a request was made to the authorities concerned to forward a copy of the same for consideration to the Central Government. In spite of this request, the State Government failed to forward a copy ...
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