Mumbai Court September 1992 Judgments
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Bachhraj Factories Pvt. Ltd. Vs. Paramsukkhdas and Others
Court: Mumbai
Decided on: Sep-08-1992
Reported in: AIR1993Bom175
ORDER1. The applicant, who was defendant No. 1 before the trial Court, challenges the order dated 11-7-1988 by which the trial Court permitted the plaintiff to incorporate in the plaint the portions which were to be introduced by the amendments allowed on 27-2-1970 and 1-9-1987. By the first amendment, certain portions were to be incorporated in the plaint, and by the second, the names of the legal representatives of the deceased third defendant were to be brought on record. The amendments were not incorporated in the plaint within fourteen days of the order, and an application came to be made nearly 17 years, after the first order for amending the plaint. The correctness of the orders allowing amendments has not been challenged and the only grievance of the applicant is that the power of carrying out the amendment under Order 6, Rule 18, Civil Procedure Code should not have been exercised, when there was a gross delay of nearly 17 years in incorporating the amendment as per order date...
Payyazhi Janardhanan, Adv. Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-08-1992
Reported in: (1993)95BOMLR94; 1993CriLJ100
Kurdukar, J.1. On the application of Shri P. Janardhanan, name of respondent No. 7 (The Bar Council of India, New Delhi), is deleted. Amendment to be carried out within one week. 2. Rule returnable forthwith. Miss Anklesaria waives service for respondents Nos. 1 to 5 Shri Vashi waives service for respondent No. 6. 3. Miss Anklesaria tenders affidavit dated 8th Sept. 1992 of Shri A. N. Hiremath, Jailor, Group II, Bombay. Affidavit taken on record. By consent petition placed on board and called out for hearing. 4. A news item appearing in 'The Afternoon' dated Aug. 10, 1992 under a caption 'City advocates up in arms over dress code' has led to the filing of this writ petition. The petitioner is a practising advocate and he is appearing in person. In the news report, it is stated that the directive from the Byculla and Arther Road Jail authorities concerning dress regulations has been issued. It then states : 'According to the directive, advocates would be denied entry into the jail premi...
Mrs. Savitridevi Jayantiprasad Ringshia Vs. Muncipal Corporation of Gr ...
Court: Mumbai
Decided on: Sep-08-1992
Reported in: 1993(1)BomCR589
S.M. Jhunjhunuwala, J.1. By this petition, the plaintiff seeks an Order under section 20 of The Arbitration Act, 1940 (for short, 'The said Act') to file the arbitration agreement in this Court as also an Order of Reference of plaintiff's claims as set out in plaintiff's advocates' letter dated 20th April, 1991 to arbitration in accordance therewith.2. The plaintiff is the sole proprietress of M/s. Pre-Strees Products (India) (for short, 'the said firm') who are registered Muncipal Contractors. In 1981, the 1st defendants had called for tenders for construction of a Muni-Power laundry at Road No. 7, Sewree Wadala Scheme, Bombay (for short, 'the said work'). The said firm had tendered for the said work which was awarded to the said firm under Work's Order No. CE/PD/17289/TD dated 12th February, 1982 which was issued to the said firm on 15th February, 1982. The General Conditions of Contract for Civil Works as adopted by the 1st defendants also formed part of the contract entered by and ...
Shakuntala Rameshchandra Sant and ors. Vs. Rajendra D. Thakkar and anr ...
Court: Mumbai
Decided on: Sep-08-1992
Reported in: II(1992)ACC642; 1994ACJ1147
S.M. Daud, J.1. Plaintiffs, in a claim for compensation arising out of a vehicular mishap, assail the quantum fixed by the trial court.2. The claim lodged by the appellants, who are the widow, children and the parents of the deceased Rameshchandra Sant, arises out of a collision which took place on 6.6.1974 between a car bearing registration No. GJE 5945 being driven at the time of the mishap by the deceased Rameshchandra and a truck bearing registration No. GJG 1751 owned by respondent No. 1 and being driven by defence witness No. 1, Babu Patel. The mishap took place at about 4.00 p.m. on the Bombay-Ahmedabad Road near Guljar village within the limits of village Charoli, Taluka Dahanu, District Thane. Appellant Nos. 5 and 6 are the parents of Rameshchandra, appellant No. 1 is the widow and appellant Nos. 2 to 4 are his children. At the time of the mishap Rameshchandra was in the employ of Atul Products Ltd. which company has its establishment at Atul-Valsad, in the State of Gujarat. T...
Mohan MeakIn Ltd. Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-08-1992
Reported in: (1993)95BOMLR49
Sujata Manohar, J.1. These appeals and writ petitions raise two issues. (1) It is the contention of the appellants and the petitioners, who are before us, that the respondents are seeking to recover supervision charges under Section 58A of the Bombay Prohibition Act, 1949 with retrospective effect and hence their demand for such supervision charges is bad in law. (2) The appellants and the petitioners contend that having regard to Sections 105 and 106 of the Bombay Prohibition Act, 1949, no duty can be levied until the time that foreign liquor is removed for sale from a bonded warehouse. Therefore, the respondents are not entitled to levy duties in respect of breakages or villages which have taken place prior to the removal of goods from the bonded warehouses.2. Both these questions were raised before Pendse, J., the learned Single Judge from whose Judgment the present appeals are filed. The learned Single Judge negatived both these contentions of the petitioners by his judgment and or...
Ceat Tyres of India Ltd. Vs. Union of India
Court: Mumbai
Decided on: Sep-07-1992
Reported in: 1992(62)ELT498(Bom)
A.V. Savant, J.1. By this Petition, the petitioners - Ceat Tyres of India Ltd. and a shareholder of the Company seek to challenge the legality and validity of the communication dated 23rd August, 1982, Exh. 'U' to the Petition. By the said communication, the petitioners' claim for exemption from payment of excise duty under the Notification, Exh. 'F', dated February 28, 1982 has been deferred in the sense that the communication deserves that the petitioners had filed a Writ Petition in the Delhi High Court on the question of the processed Tyre Cord Fabrics falling under Tariff Item 19 or 22 of the Central Excise Tariff. Since the said Writ Petition in the Delhi High Court was pending, the question of granting exemption under the Notification, Exh. 'F', could not be considered till the case was decided by the Delhi High Court. A few facts necessary for the purpose of the controversy may be stated as under :- 2. The first petitioner is a Company incorporated under the Companies Act, 1956...
Pushpabai Wamanrao Deotale Vs. the State of Maharashtra Through Secret ...
Court: Mumbai
Decided on: Sep-07-1992
Reported in: 1994(4)BomCR28
H.W. Dhabe, J.1. Parties by Counsel. Rule heard forthwith.2. The petitioner has challenged in this writ petition the acquisition of land made by the respondents for the extension of Gaothan. Two contentions are raised before us. The first contention is that the notification issued under section 6 of the Land Acquisition Act (for short, 'the Act') is beyond the period of one year from the date of publication of the notification under section 4 of the Act. The other contention raised before us is that no hearing was accorded to the petitioner in the respect of the objection raised under section 5A of the Act.3. The facts are that the notification dated 22-8-1990 under section 4 of the Act was published in the Government Gazette on 14-2-1991. It is not in dispute that the last date of publication of the notification under section 4 of the Act is the date of the Government Gazette. Section 6 notification was thereafter issued on 20-1-1992 and the same was published in the Government Gazett...
Sunder Transport and anr. Vs. the Regional P.F. Commissioner
Court: Mumbai
Decided on: Sep-04-1992
Reported in: (1993)ILLJ811Bom
B.P. Saraf, J.1. These are four writ petitions filed by four partnership firms who have been clubbed together and treated as one establishment by the Regional Provident Fund Commissioner, Bombay for the purpose of determining the liability under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act') and asked to pay the provident funds dues with effect from 31.1.1975. A common Code number was allotted by the Regional Provident Funds Commissioner, Maharashtra and Goa, being Code No. MH/22043 to one of the firms, namely, M/s. Sunder Transport, the petitioner in W.P. No. 1199/88 for itself and the other three firms who are petitioners in the other three writ petitions. The liability under Section 7 of the Act was determined at Rs. 1,99,087.50 and notice was served on each one of the four firms separately to pay the said amount. The aforesaid demand notices of the Regional Provident Funds Commissioner which are dated 20.2.1988 and the common order dated 27.1.1988...
Municipal Commissioner for Greater Bombay and anr. Vs. Sangam Cinema
Court: Mumbai
Decided on: Sep-04-1992
Reported in: 1992(3)BomCR482; (1992)94BOMLR948
S.M. Daud, J.1. These are appeals under section 218-D of the Bombay Municipal Corporation Act, being Bombay Act No. III of 1888.2. The assessee-respondent before us-is the owner-conductor of the Sangam Theatre which screens feature and other films, the theatre being situated at 127, Kurla Andheri Road, Andheri (East), Bombay 400 059. One of the taxes which the appellants-hereinafter to be referred to as the 'BMC'-are entitled to impose is the property tax on a building or land. The preliminary step towards the fixing of the property tax is the fixing of a rateable value on the building or land assessable to such property tax. Section 154(1) of the Act says that in order to fix the rateable value of any building or land...there shall be deducted from the amount of the annual rent for which such land or building might reasonably be expected to let.. Some difficulty has been encountered, and not only in India, in respect of fixing the rateable value for theatres being conducted by the own...
Sociedade Algodoeira Do Nordeste Brasileiro S.A. Vs. the Cotton Corpor ...
Court: Mumbai
Decided on: Sep-04-1992
Reported in: 1993(1)BomCR279
S.N. Variava, J.1. This petition challenges an Award dated 16th March 1984 and the decision of the Board of Directors of The East India Cotton Association Limited dated 29th March 1985.2. By a Contract No. section 1508 dated 19th February 1977 entered into between the petitioners and the respondents, the petitioners were to sell to the respondents 15,000 bales of cotton of the type and the quality mentioned therein. The terms relevant for our purposes read as follows :'SELLERS : SANBRA --- SOCIEDADE ALGODOERA DO NORDESTE BRASIL-EIRO S.A.--- Caixa Postal 8149 --- Sao Pauli --- Brazil 6.SHIPPER : Sanbra S.A. and/or Third Parties.7.PAYMENT : Cash against first presentation of shipping documents in Bombay India. In the event tendering Bolivian and/or Paraguyan cotton proceeds to be remitted to The Innesmoor Corporation, one Chase Manhattan Plaza, New York, U.S.A., favour and for account of Sanbra S.A.9. TERMS AND ARBITRATION : Terms and Arbitration in accordance with the rules and regulati...
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