Mumbai Court November 1993 Judgments
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Nizam Babamiya Bhatti Vs. A.S. Samra and Others
Court: Mumbai
Decided on: Nov-03-1993
Reported in: 1994(3)BomCR650; 1994CriLJ2418; 1994(1)MhLj6
Pendse, J.1. The Division Bench hearing petition, by order dated October 29, 1993, framed the following question and directed that the papers should be put up before the learned Chief Justice to consider whether the question should be examined by larger Bench : 'Whether sub-section (5) of Section 3 of National Security Act, 1980 demands that report of the State Government must reach the Central Government within seven days ?' The learned Chief Justice by order dated November 1, 1993 constituted this larger Bench and, accordingly, the proceedings are placed for determination of the question. It is not necessary to set out the facts which gave rise to passing of order of detention of the petitioner, save and except the fact that the order of detention was passed by the Commissioner of Police, Greater Bombay on September 10, 1993 and was approved by the State Government on September 21, 1993. The report contemplated under sub-section (5) of Section 3 of the Act was forwarded on September ...
Nathmal Kisanlalji Goenka and anr. Vs. Asstt. Charity Commissioner and ...
Court: Mumbai
Decided on: Nov-02-1993
Reported in: (1994)96BOMLR970
B.U. Wahane, J.1. By this petition, the petitioners who are the members of the Berar Education Society, Akola, sought modification to the Judgment dated 22.7,1993 passed by the Asstt. Charity Commissioner, Akola, in Inquiry No. 346 of 1992 and direction to the Executive Committee of the respondent No. 2 Society, to hold the election by the secret ballot and secondly that the respondent N. 2 Society should hold the election programme afresh and not on the basis of the nominations which were for the election which was proposed to be held on 13th August, 1989.2. The respondent No, 2 is the Society registered under the Societies Registration Act and also under the Bombay Public Trusts Act. The respondent No. 2 Society is running schools and colleges in Akola District. The grievance of the petitioners is very limited. According to the petitioners, since 1980, no elections are held by the Management of the Society and, therefore, members approached the Assistance Charity Commissioner, Akola,...
Mahadeo Nathuji Patil Vs. Surjabai Khushalchand Lakkad and ors.
Court: Mumbai
Decided on: Nov-02-1993
Reported in: (1994)96BOMLR846
A.A. Desai, J.1. The question involved in this appeal relates to extent of protection available under Section 53-A of the Transfer of Property Act (for short, 'the Act') to maintain one's possession derived through part performance. In the case of Nanasaheb reported in AIR 1957 Bom. 138, the Division Bench of this Court took a view that the vendor is entitled to resist the claim of eviction of a vendor; even if vendee's claim for specific performance is barred by limitation. Subsequently, the Division Bench in the case of Adinath reported in 1991 M. L.J. 256, took a view:The agreement could not be enforced in law since relief of specific performance is beyond the period of limitation. The agreement in question met with its legal death. As a result, the protection under Section 53-A of the Act which flows from such agreement cannot survive beyond its life time which is the source of the protection.8. The defendants were merely prospective purchasers and the title has not vested in them....
Centuar Laboratories Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-01-1993
Reported in: (1995)(75)ELT510Tri(Mum.)bai
1. Though, this day, only the stay application was listed for hearing, after hearing both the sides and with their consent, we have decided to dispose of the appeal itself.2. The appeal is directed against the Order-in-Appeal GS/240/B-I/93 (V.s (I) 553/92/4108), dated 7-7-1993 of Collector of Central Excise (Appeals), Bombay.3. In the aforesaid order, the Collector (Appeals) considered the order of the Assistant Collector confirming the total demand of Rs. 18,70,030/- raised in nine show cause notices issued to the appellant company. The Collector (Appeals) confirmed the order of the Assistant Collector relating to the demand for "protobex" amounting to Rs. 6,63,363.67 and regarding the remaining portion of the order, he set aside for de novo adjudication in accordance with the principles of natural justice.4. Shri J.J. Bhatt, the ld. Adv. pleads that when the composite order is challenged on the ground of violation of the principles of natural justice, the Collector (Appeals) could n...
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