Mumbai Court October 1993 Judgments
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Sudhir M. Mody and ors. Vs. Bombay Cricket Association
Court: Mumbai
Decided on: Oct-19-1993
Reported in: 1994(2)BomCR601
M.S. Rane, J.1. The application herein which has been assigned to this Court is being disposed of as directed by the Supreme Court in its order dated 5th March, 1993 passed in S.L.P. No. 2472 of 1993.2. Both the parties herein, who claims to have avowed object in promotion of sports in particular Cricket, have been locked up in the Court litigation. Record reveals the suit herein is fifth in the series in this Court - four filed by the plaintiffs and one by the defendants. These do not include some other suits filed and pending between the parties herein in the City Civil Court at Bombay so also appeals filed against the interim orders passed in the interim applications. 3. The principal dispute or rather hot bed of controversy between the parties revolves over i) Allotment and allocation of seats during the Cricket Test Matches played at Wankhade Stadium ii) the rates of the tickets, iii) Allocation of place, iv) issuance of such tickets, v) Rights and related claim in and over the Cl...
Master Kochikar Ketan Manohar and ors. Vs. State of Maharashtra and or ...
Court: Mumbai
Decided on: Oct-18-1993
Reported in: 1994(2)BomCR641
P.S. Patankar, J.1. The factual background is as follows.2. The 1st petitioner was born on 26th September, 1977 and has passed VIII Standard Examination in April 1991. It is alleged that he was compelled to leave the School due to domestic difficulties. On or about 10th July, 1992, he approached the Principal of a School and sought to submit his application form (No. 17-meant for private candidates and students) for appearing for S.S.C. Board Examination to be held in March, 1993. However, the School informed that he could not register as he has not completed 16 years of age on the date of registration (31st July of each year) and can only appear for Examination to be held in March, 1994. This was in view of Regulation 42(1)(d) as was prevailing at that time.3. The 2nd petitioner passed his S.S.C. Board Examination in March, 1991. It is alleged that due to financial difficulties he could not join the Junior College. On or about 6th July, 1992, he approached one College with application...
The State of Maharashtra Vs. S.N. Dahad and ors.
Court: Mumbai
Decided on: Oct-18-1993
Reported in: (1994)96BOMLR315
M.S. Vaidya, J.1. The State of Maharashtra, who were the defendants in Special Civil Suit No. 61 of 1972, on the file of Joint Civil Judge Senior Division, Jalgaon, have preferred this appeal against the judgment and decree, dated 13th October, 1977. The decree had declared that the orders dated 30th June, 1969 and 5th July, 1969, passed by the authorities of defendants- Government imposing a fine at the rate of Rs. 200/- per day on the respondents/ plaintiffs, was illegal and not binding on the plaintiffs. The decree had also restrained the appellants/defendants from recovering the said fine, in pursuance of the said orders. The claim of the respondents/plaintiffs for a declaration that the action taken by the defendants under Clause 3(b) of the contract was illegal, and that the defendants were, therefore, not entitled to recover the difference in the cost of completion of the remaining work and the estimated cost, was dismissed along with the relief for consequential injunction. The...
LupIn Laboratories Pvt. Ltd. Vs. Collr. of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-15-1993
Reported in: (1995)(75)ELT837Tri(Mum.)bai
1. Though stay application was listed for hearing, Shri Ravindra Chalke, pleads that the amount of penalty has already been deposited and he pleads for deciding the appeal itself. Since the other side has no objection, the appeal was taken up for hearing. The appeal is against the order-in-original No. V(14E)15-3-/Adj/85, dated 28-10-1985.The facts of the case are that during the visit of the Central Excise Preventive Officers to the appellants' factory, they noticed 930 packages valued at Rs. 2,50,408.82 kept in the corridor of the factory and not in the bonded store room. There is no dispute that at the time of visit of the officers, they were informed that the bonded store room was undergoing some repairs and flooring work was going on and hence the goods were kept in the corridor. However, the officers seized the goods. They have also noticed 187 bottles not accounted for in the RG 1 register. They have further observed that the balance shown in the PLA did not tally with abstract...
Meena Vasantrao Bhave (Mrs.) Vs. Saswad Mall Education Society and ors ...
Court: Mumbai
Decided on: Oct-15-1993
Reported in: [1994(68)FLR458]
Vyas, J.1. By the first petition (No. 5274 of 1988) the petitioner, who is also a petitioner in the other writ petition (No. 3665 of 1993), has challenged the appointment of respondent No. 3 (who is also respondent No. 2 in Writ Petition No. 3665 of 1993) to the post of Assistant Headmaster in the Model Multi purpose High School, run and managed by the Saswad Mali Education Society who is the first respondent in both the Writ petitions. The second petitions are being disposed of by this common judgment.2. The question which requires to be answered in these Writ petitions is, whether to an isolated post reservation can apply? 3. Briefly stated, the facts giving rise to both the petitions are as follows : (a) On 9th June, 1965 the petitioner was appointed as an Assistant Teacher in the said school. On 27th July, 1977 the 3rd respondent was appointed as Assistant Teacher in the said School. In 1981 post of Assistant Head Master came to be created in the first respondent-society as student...
Kalyanpur Keshav Venkatrai Pai Vs. the Corporation Bank
Court: Mumbai
Decided on: Oct-15-1993
Reported in: 1994(2)BomCR710
A.V. Savant, J.1. This is a petition by a former employee of the respondent - Corporation Bank. The petitioner seeks to challenge the order of dismissal dated 26th June, 1986 which is at page 169 of the petition. The said order has been passed after holding a regular departmental enquiry in accordance with the procedure laid down in the Corporation Bank Officers-Employees (Discipline & Appeal) Regulations, 1982 (for short the 1982 Regulations). The said order dated 26th June, 1986 has been confirmed in appeal after giving the petitioner an opportunity of being heard. The appeal has been dismissed on 14th January, 1987 and the order is at page 148. A few facts leading to the controversy that is sought to be raised in the petition are as under:2. The petitioner joined the respondent Bank in July, 1947 as an apprentice. He rose from the ranks and in April, 1961 he was posted at Kalbadevi Branch as a Branch Manager. One firm M/s. Bhavarlal Milapchand, a constituent of Kalbadevi Branch of t...
Mahindra and Mahindra Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-14-1993
Reported in: (1994)(74)ELT916Tri(Mum.)bai
1. In this case duty amount has not been quantified. Hence the stay application is considered only with regard to a penalty of Rs. 2.00 lacs and confiscation of plant and machinery ordered confiscation but allowed to be redeemed on payment of fine of Rs. 5.00 lacs, vide Order-in-Original No. 34-35/93, dated 30-6-1993 of Collector of Central Excise, Bombay II.2. Shri A. Setalwad, the Ld. Sr. Counsel pleads that the issue involved is as below. They had filed a Modvat declaration describing the final product as motor vehicles and indicating T.H. 8703. The inputs declared were motor vehicle parts and other items required for motor vehicles.However, in April 1991 they enlarged capacity of the motor vehicles to accommodate 10 persons including the driver and started manufacturing such vehicles, consequent on which Tariff classification for such type of vehicles fell under 8702. At that time, they had also filed the classification list ... 8702 indicating the availment of Modvat Credit.Howev...
Mafatlal Investment Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-14-1993
Reported in: (1995)(75)ELT835Tri(Mum.)bai
1. Both the appeals are against the same Order-in-Original No. 46/Addl.Collr./1984 (F. No. VIII/l0-l/Addl. Collr./83), dated 5-7-1984 of Additional Collector of Customs & Central Excise, Ahmedabad.2. In so far as the appellants before us are concerned, their appeals are only with regard to the order of confiscation of the truck owned by Shri Shantilal C. Kotak and imposition of redemption fine of Rs. 1.5 lacs in lieu of confiscation of the truck and in the case of Mafatlal Investment, the order of confiscation of 100 bales of fabrics exported under AR-4 from Kandla Free Trade Zone to Bombay for further export to USSR, and allowing the same on payment of redemption fine of Rs. 90,000/-. In these cases no penalties have been imposed on either of the two appellants. Hence facts required for disposal of these two appeals are only stated herein.3. The appellants M/s. Mafatlal Investments are having a factory in the Kandla Free Trade Zone for manufacture and export of fabrics. They sent...
Bharat Synthetics Ltd. Vs. Bank of India and Another.
Court: Mumbai
Decided on: Oct-14-1993
Reported in: [1995]82CompCas437(Bom)
M.S. Rane J.1. The petitioners herein (hereinafter referred to as the 'transferee company') has filed this petition for sanction to the scheme of amalgamation whereby the Ahmedabad Polyarns Company Private Limited, Ahmedabad (hereinafter referred to as 'the transferor company'), is to be merged with the petitioner-transferee, under the provisions of sections 391 to 394 of the Companies Act, 1956 (hereinafter referred to as 'the said Act'). The scheme has been annexed as exhibit 'B' to the petition. Such merger is opposed by the Bank of India and Dena Bank, respectively, applicants Nos. 1 and 2 herein, who are the secured creditors, the first being of the transferee-company and the second applicant being of the transferor-company. The particulars of dues of the applicants are as under : (i) Bank of India-applicant No. 1 claims a sum of Rs. 410.66 lakhs (with interest) against the transferee-company, i.e., the petitioners herein. (ii) Dena Bank-applicant No. 2 claims a sum of Rs. 202.74...
Yamunabai W/O. Trimbak Lolge and ors. Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Oct-14-1993
Reported in: 1994(2)BomCR73
N.P. Chapalgaonker, J.1. Shri Trimbak Sadashiv Lolge, resident of Putamba, died on 22nd April, 1973. He was holding 80 shares of Great Eastern Shipping Company and 25 shares of Changdeo Sugar Mills Limited, Bombay. An application under section 372 of the Indian Succession Act, 1925 was moved by Yamunabai Trimbak Lolge, wife of deceased Trimbak, in the Court of Civil Judge (J.D.) at Kopargaon. In this application, Vasant, Ramesh, Dattatraya and Sulochana, three sons and a daughter of deceased Trimbak, were shown to be other heirs. A public notice was issued in daily 'Prabhat' published from Pune on 12th May, 1990 calling objections and since no objections were received, application came to be allowed by the learned Judge on 20th June, 1990. Gangadhar Trimbak Lolge claiming to be step-son of Yamunabai filed a complaint in the Court of Judicial Magistrate (First Class) at Kopargaon on 20th February, 1992 alleging that knowing fully well that the complainant Gangadhar is also one of the he...
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