Mumbai Court August 1993 Judgments
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Maharashtriya Mandal and anr. Vs. University of Poona and ors.
Court: Mumbai
Decided on: Aug-16-1993
Reported in: 1994(1)BomCR603
M.K. Mukherjee, C.J.1. Rule, returnable forthwith. By consent taken up for hearing. 2. The petitioners are running an institution known as Chandrashekhar Agashe Shararik Shikshan Mahavidyalaya, at Pune, and it is affiliated to and recognised by the Pune University ('University' for short). Since the Principal of the Institution was due to retire in the month of December 1991, the petitioners, by a letter dated November 1991, requested the Vice Chancellor of the University to furnish the names of its two nominees who will work on the Selection Committee to select the new incumbent. They sent another communication to the Deputy Registrar (Academic) of the University enclosing therewith a specimen advertisement, which they intended to publish seeking applications for the post of Principal, for his perusal and guidance. In responding to the former communication the University sent the names of their two nominees to work on the Selection Committee and as regard the latter it sent a letter o...
Gopinath Govindrao Latpate Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-16-1993
Reported in: 1994(3)BomCR195
1. These petitions involve points of immense importance regarding admissions to Engineering and Technical courses in the State, for the year 1993-94.2. The results of the 12th standard examination were published on 31st May, 1993 and the Government has published the rules for admission for the said courses on 6th June, 1993. Along with the Rules, the Government has also published a Brochure indicating the institutions in the different University areas, the number of seats in such institutions, the courses in which the education is proposed to be imparted, the number of sanctioned seats, etc. for all the colleges and institutions. Along with the Brochure, the instructions for filling in application forms were also issued. The institutions or colleges, which are running the Engineering and Technical courses were given code numbers to enable the students to fill in the forms properly. In the Brochure, there were 37 courses mentioned with their respective code numbers. The candidates were ...
Mulraj Dwarkadas Goculdas Vs. Deputy Commissioner of Income Tax.
Court: Mumbai
Decided on: Aug-16-1993
Reported in: (1994)48TTJ(Mumbai)531
ORDERN. R. PRABHU, A. M. :This is an appeal by the assessee against the order of the CIT(A), for the asst. yr. 1985-86.2. The first ground of appeal is that the CIT(A) was in error in upholding the disallowance of depreciation of Rs. 3,43,620 on gas cylinders purchased by the assessee and used in his business.3. It is contended by the learned counsel for the assessee that the assessee had entered into an agreement to purchase 166 gas cylinders from Industrial Engineers. The initial payment made for the purchase, which was of the sum of Rs. 25,000, was on 23rd Jan., 1985. Subsequently, on 5th Feb., 1985 and 20th Feb., 1985, the assessee paid Rs. 1 lac and Rs. 2,18,600 respectively. The gas cylinders were kept at the godown of Bharat Engineering Co., which is a company connected with the vendor in this case. The assessee had entered into an agreement with Aggarwal Steel Industries for the lease of these assets. Such an agreement was entered into on 15th March, 1985. The assessee had also...
Dattugir Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-13-1993
Reported in: AIR1994Bom372; 1994(1)BomCR476
ORDERKamat, J. 1. Mud slinging, and that also in indecent and non-legal language, frequently resorting to slang has a con-sequence of forfeiture of the right of the petitioner to the very hearing in Court in a Writ Petition.2. It is a situation of antiquity, when the Royal Charter was enacted in 1774, that the writ is a prerogative and the Writ Court is a Court of request. This was when for the first time the then Supreme Court came to be established in the charter of High Courts. 3. In a transfer application one of us (Coram: Kamat, J.-- Civil Revision Applications Nos. 1141/92, 1096/92 and 1155/92 --unreported dated November 26, 1992) had an occasion to observe that the personality of an Advocate, both for the dignity of the profession and for better quality of service to the public is built upon certain standards. Analysing the relationship of an Advocate and his client it is observed that it is essentially of a fiduciary character -- a representative and not as a mouthpiece of the ...
Kapoor Silk Mills Vs. Union of India
Court: Mumbai
Decided on: Aug-13-1993
Reported in: 1993(68)ELT572(Bom)
1. The Motion was taken out by Union of India on July 21, 1993 seeking direction to Prothonotary and Senior Master of this Court to encash the Bank guarantee with interest accrued thereon to the respondents. It is really unfortunate that the Union of India is required to take out this Motion seeking direction to Prothonotary. We are surprised why the Prothonotary has not encashed the Bank guarantee and paid at least the principal amount in spite of order delivered by Division Bench to which one of us (Pendse, J.) was a party on October 16, 1992 in group of Civil Applications filed for the identical relief. The decision of Division Bench points out that in pursuance of judgment delivered by Supreme Court reported in : [1989]179ITR317a(SC) Ujagar Prints and Others v. Union of India and others the Government of India is entitled to forthwith enforce the bank guarantee. It would be appropriate to quote the operative part of the judgment of Supreme Court to be found in paragraphs 32 and 32A...
Ramji Duda Makwana Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-12-1993
Reported in: 1994(1)BomCR488; (1994)96BOMLR808; 1994CriLJ1987
Saldanha, J. 1. In 1985 the Indian Parliament promulgated the Narcotic Drugs and Psychotropic Substances Act, a piece of legislation specifically aimed at combating offences relating to drugs. The Act provides for control and regulatory measures in and area which is fast attracting sensitive attention in our country. Drug addiction has become one of the curses in the dissolution of human personality, promoting conditions for various forms of human degradation, whose consequences spread to crime and lawlessness. One of its tragedies lies in its morbid assault on youth resulting, more often than not, in mental disorientation and emotional derangement, pushing the victim towards a fate from which there is seldom any hope of recovery. The evil is insidious and operates secretly, and it often comes to be known to others only after the addict has crossed the point of no return. The consequences are far-reaching, Because in attacking the younger generation of a country, it destroys the flower...
Bank of Madura Ltd. Vs. Union of India
Court: Mumbai
Decided on: Aug-12-1993
Reported in: 1993(68)ELT55(Bom)
Pendse, J. 1. The Petitioner No. 1 is a Banking Corporation and claims that in the month of October 1981, respondent No. 5 M/s. Hansons Enterprises approached the Bank with a request to open an irrevocable letter of credit in favour of M/s. Metal Import Export, Romania. The petitioner Bank opened letter of credit and thereafter M/s. Hansons Enterprises filed an indent for purchase of quantity of about 1300 Metric tonnes of hot rolled mild steel plates. The letter of credit opened by the petitioner No. 1 Bank was of a value of Rs. 35,75,000/-. The consignment arrived in Bombay in March 1982 and the bills of entries for home consumption were filed on March 3, 1982. The Customs authorities declined to clear the consignment as it was noticed that the import of the goods was not permissible. On enquiry, the Customs authorities realised that M/s. Hansons Enterprises is a non-existing Company and the entire transaction was shrouded in mystery. 2. The Customs authorities received information t...
M.R. Rajeshwarkar Former Judge, Small Causes Court, Pune Vs. High Cour ...
Court: Mumbai
Decided on: Aug-12-1993
Reported in: [1994(68)FLR438]
ORDERTipnis, J 1. The petitioner who was working as a Judge of the Court of Small Cases at Pune has challenged in this petition, the order dated 21st April 1992 passed by the Governor of Maharashtra dismissing him from service. 2. We have heard Shri Anturkar, learned counsel appearing for the petitioner in support of the petitioner at great length. We have also heard Shri Rane, learned counsel appearing for the High Court. - respondent no. 1 herein, we have perused the petition as also affidavit in-reply filed by the Additional Registrar, of this Court on behalf of the High Court. 3. There were complaints of corruption and misbehavior on the part of some of the Judges of the subordinate judiciary at Pune and specially again some Judges manning the Court of small Causes at Pune. Representation were made to the Hon'ble the Chief Justice of this Court and upon consideration of the entire matter, the High Court thought it fit to proceed against some of the Judges by holding departmental in...
Bombay Scrap Traders and anr. Vs. the Board of Trustees of the Port of ...
Court: Mumbai
Decided on: Aug-12-1993
Reported in: 1994(1)BomCR266
B.P. Saraf, J.1. The petitioners in this writ petition are aggrieved by the forfeiture of earnest money deposit amounting to Rs. 2,25,000/- on their failure to take delivery of the goods purchased by them in a public auction conducted on behalf of respondent No. 1.2. The facts of the case, briefly stated, are as follows : The petitioner No. 1 (hereinafter 'the petitioner') is a registered partnership firm. The 1st respondent, Board of Trustees of the Port of Bombay, ('respondent' hereinafter) invited offers for the sale of certain goods as set out in their tender cum sales notice No. 9/90-91 dated 19-2-1990. The notice was in respect of various lots. The petitioner gave his offer for purchase of 7 drums of cables described as Lot No. BB/2917 TCS at Sr. No. 64. The conditions of tender/auction sale and instructions to the tender/bidder were set out in the tender-cum-sale notice. Special conditions applicable to any particular lot were specified against the description of that lot. The o...
Saroj Choudhary Vs. Board of Trustees for the Port of Bombay
Court: Mumbai
Decided on: Aug-11-1993
Reported in: 1995LC35(Bombay); 1993(68)ELT520(Bom)
1. By this Writ Petition under Article 226 of the Constitution, petitioner seeks a direction against Bombay Port Trust to pay the petitioner Rs. 48,016.82 with interest thereon at 21% from 11th September, 1989 till payment. 2. The facts giving rise to this Writ Petition briefly are as follow: (a) Sometime in June, 1981, petitioners imported alloy steel sheets. After Customs formalities were duly completed, the said consignment was abandoned. (b) On August 30, 1982, Bombay Port Trust sold the goods by way of auction. This resulted in a deficit of Rs. 1,41,123.18. (c) By letter dated 17th May, 1985, addressed by the Bombay Port Trust, the Bombay Port Trust claimed the said amount as they had relinquished the goods. (d) By their letter dated 6th August, 1985, the petitioners denied their liability to pay the said amount as they had relinquished the goods. (e) Sometime in October, 1985, the petitioners imported another consignment of a different item viz. choline chloride. In respect o...
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