Mumbai Court July 1993 Judgments
B.D.A. Breweries and Distilleries Ltd. and Others Vs. Cruickshank and ...
Court: Mumbai
Decided on: Jul-30-1993
Reported in: [1996]85CompCas325(Bom)
M.F. Saldanha J. 1. I need to prefix this judgment with the observation that learned counsel appearing on both sides have done a truly excellent job of presenting every conceivable aspect of the dispute that is the subject-matter of this litigation with their characteristic skill and ability, both of which are of a very high order. While deciding on interim application, normally, this court would have circumscribed itself to the minimum and, consequently, refrained from an elaborate adjudication of the manifold facets, both factual and legal, that have been canvassed. It was, however, pointed out to me by both sides that there are something like three dozen interconnected litigations effectively between the same parties, including an identical suit pending before the Calcutta High Court, in all of which proceedings the subject matter of this litigation is in issue. All those litigations are in a manner of speaking dependant on the outcome of this proceeding which explains why the parti...
Tag this Judgment!Arvind V. Shah Vs. Union of India
Court: Mumbai
Decided on: Jul-30-1993
Reported in: 1993LC32(Bombay); 1993(68)ELT286(Bom)
Pendse, J. 1. The Import-Export Policy of year 1982-83 by Appendix 6 provided for import of cars. Clause (F) of Appendix 6, inter alia, stated that persons who are physically handicapped can import cars and for which import licence or CCP will not be necessary for clearance of a vehicle. To enable a person, who is physically handicapped to import car, the Appendix provided that the state Civil Surgeon or head of concerned wing in a Government Hospital must issue a certificate detailing nature and extent of disability and justification for use of a special car with disability control device(s). In accordance with the policy, the petitioner filed application on November 23, 1982. The application, inter alia, recites that the petitioner is carrying on business as a partner in Bombay and desirous to import car of CIF value of Rs. 70,000/- with spare parts of Rs. 2,500/-The petitioner was working as a partner in Export House and claimed that car is required to carry valuable cargoes to cust...
Tag this Judgment!Bhaurao S/O. Sadashiv Petkar Vs. Maharashtra State Road Transport Corp ...
Court: Mumbai
Decided on: Jul-30-1993
Reported in: [1994(68)FLR557]
V.S. Sirpurkar, J.1. Heard. Rule returnable forthwith. 2. A dismissed conductor of the Maharashtra State Road Transport Corporation (hereinafter referred to as 'corporation') has challenged the two orders passed by the Labour Court as well as the Industrial Court. The petitioner was working as a conductor at the relevant time and it was found during one of the checking's that he had failed to issue tickets to three passengers. Secondly he had not charged one passenger who was carrying about more than 300 Kgs. of luggage and thirdly his cash box included Rs. 120.70 excess cash. The Labour Court took the view that this amounted to playing fraud against Corporation and considering that he had joined the services of the Corporation 15 months prior to the incident confirmed his dismissal. The petitioner had not challenged the enquiry before the Labour Court. Probably the only point which was effectively carried was regarding the quantum of punishment. However, on that count the Labour Court...
Tag this Judgment!Prakash S/O Tolaram Lalwani and ors. Vs. Union of India (Uoi), Through ...
Court: Mumbai
Decided on: Jul-30-1993
Reported in: 1994(3)BomCR53
B.P. Saraf, J.1. The petitioners are the owners of the first floor of a building known as Ashrafi Mahal situated at Plot No. 154, Lal Bahadur Shastri Marg, Opposite Belgrami Road, Kurla, Bombay 400 070. The respondent No. 1 is the Union of India who had taken the above property on lease from the petitioners vide a deed of lease dated 31-3-1982 for the purpose of office of its Bombay Telephone Department. The respondent No. 2 is the Mahanagar Telephone Nigam Limited (hereinafter referred to as 'Nigam'), a fully owned Government of India undertaking, which has taken over the functioning of the Telephone Department in Bombay from the Union of India on and from 1-4-1986. The property in question was leased out for a period of five years commencing from 13-2-1981. The area of the premises is 2,850.37 sq.ft. and as per the lease deed, the monthly rent was fixed at Rs. 3,50 per sq. ft. of the built up area inclusive of 50 paise as service charges but exclusive of municipal charges. Under Clau...
Tag this Judgment!State Bank of Saurashtra Vs. Union of India
Court: Mumbai
Decided on: Jul-29-1993
Reported in: 1993LC422(Bombay); 1993(68)ELT49(Bom)
Pendse, J. 1. The State Bank of Saurashtra advanced loan to respondent No. 2 for construction of a vessel and for fitting marine engine in the said vessel. The amount was secured by respondent No. 2 executing an agreement of hypothecation of the vessel in favour of the Bank. The vessel was used by respondent No. 2 as a fishing trawler. The amount advanced by the Bank was more than Rs. 2,60,000/-Respondent No. 2 used the vessel for smuggling activities. The Additional Collector of Customs, in exercise of powers under Section 125 of the Customs Act, confiscated the vessel, as on March 16, 1983, vessel was found to be carrying contraband goods worth Rs. 23,04,684/-. Subsequently, the Customs Authorities disposed of the vessel. 2. The petitioner-Bank has filed the present petition under Article 226 of the Constitution claiming that the Customs Department is liable to pay the proceeds of the auction sale of the vessel to the Bank on the ground that the vessel was pledged with the Bank towar...
Tag this Judgment!National Marketing Corporation Vs. Regional Provident Fund Commissione ...
Court: Mumbai
Decided on: Jul-29-1993
Reported in: [1994(68)FLR655]; (1994)IILLJ1177Bom
B.P. Saraf, J. 1. By this writ petition, the petitioner has challenged the order of the Regional Provident Fund Commissioner dated 27.5.1988 levying damages under section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act') for delay in payment of provident fund contribution for the period from March 1975 to November 1978 on the ground, inter alia, that the proceeding for levy of damages itself was initiated by using notice dated 15.2.1988, after long lapse of time ranging between 10 to 13 years from the date of alleged delay in payment of contribution. It is agreed by the learned counsel for the parties that the controversy in this case is covered by the decision of this Court in K. T. Rolling Mills Pvt. Ltd. v. R. M. Gandhi & Ors. W. P. No. 3271 of 1987 R. M. Gandhi & Ors. W. P. No. 3271 of 1987 decided on 19 & 20 November, 1992, which was also affirmed on appeal. 2. Following the same, I hold that the action in this case is vitiated on account of...
Tag this Judgment!Arun Laxman Surve Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-29-1993
Reported in: (1994)ILLJ1111Bom
B.P. Saraf, J.1. The petitioner was employed with the Respondent No.2-Bharat Petroleum Corporation as a Cleaner on and from February 7, 1985. The petitioner was informed by the respondent No. 2 vide their letters dated August 21, 1985 and December 26, 1985 that his work was not found to be satisfactory and he was given an opportunity to improve his performance and his services were later terminated by a letter dated February 6, 1986 with immediate effect. The petitioner raised an industrial dispute relating to said termination of his employment. The Assistant Labour Commissioner, Central 3, Bombay took up the Conciliation proceedings and ultimately submitted a failure report dated October 5, 1987 to the Secretary of the Ministry of Labour, Government of India. The Ministry of Labour by a letter dated December 31, 1987 informed the respondent No. 2 its decision that not to make a reference of the dispute for adjudication to the Tribunal. It was done as the action of the management did n...
Tag this Judgment!Sterlite Cables Ltd. and anr. Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jul-29-1993
Reported in: 1993(49)LC585(Bombay)
ORDERM.L. Pendse, J.1. By this petition filed under Article 226 of the Constitution, the petitioners are challenging legality of order dated August 28, 1984 passed by Additional Collector of Customs confiscating the goods imported by the petitioners in exercise of powers conferred under Section 111(d) of Customs Act, 1962 read with Section 3(2) of Imports and Exports (Control) Act, 1947. The Additional Collector permitted the petitioners to redeem the goods on payment of fine, which is about Rs. Ten lacs. The facts, which gave rise to passing of the order, are as follows:2. The petitioners imported copper wire rods from Zambia and France valued at Rs. 53,90,821/-. The petitioners filed nine Bills of Entry against licence dated May 11, 1981 for clearance for home consumption. The licence was valid till May 31, 1982, but was revalidated for further duration of six months i.e. till November 29, 1983 including grace period. At the time of renewal of licence, an OGL slip was attached statin...
Tag this Judgment!Padma Nair Vs. the Deputy Collector, Valuation and Stamp Duty and Anot ...
Court: Mumbai
Decided on: Jul-28-1993
Reported in: AIR1994Bom160; 1994(1)BomCR298; 1994(1)MhLj497
ORDER1. The writ petitioner along with one Chandrakant Gangaram Hatkar and one P. K. Vasudevan Nair jointly agreed to purchase a plot of land admeasuring 550 sq. meters situated at village Kirol, Taluka Kurla, Bombay, for a consideration of Rs. 25,000/-. The said agreement for sale was executed on 16th October, 1984 and it was lodged forregistration on the same day under Sr. No. S-4483/84. The agreement was executed on a stamp paper of Rs. 5/- as at the relevant time the stamp duty under the Bombay Stamp Act, 1958 on an agreement of this type was Rs. 5/- only. There is no dispute in that regard. Subsequently, the petitioner was served with an order dated 24-9-1986 issued by the Deputy Collector, Valuation and Stamp Duty, Bombay, asking the petitioner to pay the stamp duty applicable to conveyance of immoveable property along with penalty. The contention of the Deputy Collector was that the document dated 16-10-1984 lodged for registration by the petitioner was wrongly described as an a...
Tag this Judgment!Ahmad Alias Ahmad Chakri and Others Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-28-1993
Reported in: 1994CriLJ274
Saldanha, J.1. This appeal concerns a very gruesome incident of murder that took place at about 8-40 p.m. on 16-9-1990 in front of National Electronic Shop situated at Station Road, which is, in fact, referred to a Nasjid Galli, at Andheri West, Bombay. One Yusuf Siddiq, who is alleged to have been conducting Matka business, was assaulted with deadly weapons by a group of four persons. Two of them were armed with swords and the other two with guptis. The post-mortem notes alone indicate that the assault was so savage that the deceased Yusuf Siddiq was virtually hacked to pieces, he having sustained as many as 29 injuries. The area is a very crowded one as the record indicates in so far as it is not only the proximity of the railway station but the number of shops in the area that account for a large number of persons passing by and visiting that place. It appears that the matka business in question was being carried out in a small structure situated within the railway compound, which i...
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