Mumbai Court January 1994 Judgments
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M/S. Indian Dyestuff Industries Limited and Another Vs. M/S. Mehta Tra ...
Court: Mumbai
Decided on: Jan-27-1994
Reported in: AIR1994Bom209; 1994(4)BomCR297; 1995(2)MhLj127
ORDER1. Two important questions of law pertaining to proper stamp duty applicable to a marine insurance policy for carriage of goods by rail or road and to a letter of subrogation from the insured to the Insurance Company fall for determination in this case.2. The material facts are as follows:The first petitioner obtained an open marine insurance policy for a period of one year from 1 April I979 to 31 March 1980 from the second petitioner to recover the transit risk of consignments despatched by it. During this period, certain consignments were entrusted for carriage by the petitioner to respondent Mehta Transport Company. As the respondent-carrier failed to deliver the said consignments, the first petitioner preferred claim with second petitioner-the Insurance company. The said' claim was settled by the second petitioner in terms of the above policy of insurance and a sum of Rs. 38,016.48 was paid to the first petitioner in settlement of the claim. On receipt of the said amount, the ...
Kamlakar Shankar Patil and Etc. Vs. V.B. Akashi, Commissioner of Polic ...
Court: Mumbai
Decided on: Jan-27-1994
Reported in: 1994(3)BomCR395; (1994)96BOMLR893; 1994CriLJ1870
Ashok Agarwal, J. 1. The present petitions seek to impugn the orders of detention passed on 10th September, 1993 passed by the Commissioner of Police, Thane, under Section 3(2) of the National Security Act. The orders of detention were served on the detents-petitioners on the very day i.e. on 10th September, 1993. The grounds of detention were contemporaneously served on the detenus on the very day namely 10th September, 1993. The grounds of detention are practically identical in both the petitions. Grounds or detention in Criminal Writ Petition No. 1357 of 1993 inter alia recite as under :- 'On 3-4-1992 at about 10.00 hours, the daughter of the complainant Miss Pushpa along with her friends Miss Vanita and Miss Jaishri who were also studying in Funde High School and staying in Bhendkhal village, left home for High School for attending Examination paper. When they were crossing a Nallaha situated in the limits of Navghar village, you and your associate Abhay Parshuram Bhagat came there...
Kazi MoinuddIn S/O. Kazi AnwaruddIn Vs. the State of Maharashtra and o ...
Court: Mumbai
Decided on: Jan-27-1994
Reported in: 1994(4)BomCR496
V.V. Kamat, J.1. Government and/or Zilla Parishad employees, amongst themselves, are equal and alike in similar situations. If there is no dent to the statement that the employees are similar, there is no consequent doubt for application of the principle of treating employees equally situated with equal treatment. In this petition, and others, which would be dealt with by us separately on facts, the question is: The application of the above principle. It is not even necessary to apply it afresh, because this Court in Writ Petition No. 455-A of 1982, decided on January 16, 1989, by the Division Bench, to which one of us (Deshpande, J.,) was a party, has already proceeded and decided, acting on the same principle. There is yet one more feature, which is common to the earlier decision of this Court and this set of petitions coming before us. A lament has to be recorded that in all these petitions, as well as in the petition decided earlier, there is what is known as reticence on the part ...
Bralco Metal Inds. (P) Ltd. Vs. Collector of Customs (App)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-25-1994
Reported in: (1994)(74)ELT920Tri(Mum.)bai
1. This is an appeal directed against the order in appeal No.S/49-96/84L, dated 30-3-1985, ordering confiscation of a consignment of cutters imported as spares for replacement on the scalping machine. The consignment is valued at Rs. 94515/-. The appellants have imported the consignment against the automatic licence for import of non- permissible spares. However, an objection was taken by the Department that the item imported is a cutting tool and hence cannot be construed to be spares and in that view the goods were ordered confiscation but allowed redemption on payment of fine of Rs. 70,000/-. The appellants pursued the matter in appeal before the Collector (Appeals) which was rejected.2. After hearing both the sides, we find that the following facts are not disputed. The appellants are engaged in the manufacture of copper and brass strips and for that purpose they are having a scalping machine, wherein the cutters imported are fitted as an inter-changeable tool for purpose of cutti...
Deepa Anant Bandekar Vs. Rajaram Bandekar (Sirigao) Mines Pvt. Ltd.
Court: Mumbai
Decided on: Jan-25-1994
Reported in: [1994]80CompCas491(Bom)
G.D. Kamat, J. 1. The petitioner prays for winding up of Rajaram Bandekar (Sirigao) Mines Pvt. Ltd., a private limited company, incorporated under the provisions of the Companies Act, 1956, for short 'the company', under sections 433 and 434 of the Companies Act, 1956. The basis upon which the prayer for winding up is made is that the decretal amount of Rs. 8,86,197.27 is due and payable by the company, which the company is unable to pay. The genesis of the claim is that in a Company Appeal No. 3-R of 1990, consent terms were drawn up and based upon which the Company Application No. 13-R of 1990 was disposed of. At the same time, a civil suit also was pending between the parties which was also disposed of by consent decree on the same date on April 10, 1991. In terms of the consent decree made in the company appeal, the company had to pay a large amount of over Rs. 60,00,000 in instalments payable every month commencing from April 30, 1991, and falling due at the end of each and every ...
Sheshrao Ganpatrao Bhand Vs. Padminibai Govinda Akarge and Another
Court: Mumbai
Decided on: Jan-25-1994
Reported in: 1994CriLJ1558
ORDER1. Claiming herself to be the lawfully wedded wife of the present applicant, the respondent No. 1 filed in the Court of Judicial Magistrate, First Class, Kandhar, Criminal Miscellaneous Application No. 10/1984 on 10-1-1984 for maintenance allowance under S. 125 of the Code of Criminal Procedure, 1973. The learned Magistrate awarded her maintenance allowance at the rate of Rs. 300/- per month from the date of the application, in addition to some costs. The present applicant had carried the matter to the Sessions Court, Nanded in Criminal Revision Application No. 87/1985. The learned Additional Sessions Judge, who heard the matter, dismissed the Revision Application. Therefore, the present applicant has moved this Court under S. 482 of the Code of Criminal Procedure, for quashing the aforesaid orders passed by the Magistrate as well as the learned Addl. Sessions Judge. 2. The main contention urged on behalf of the applicant by Shri Ghulam Mustaffa, the learned counsel, was that the ...
Jayesh Trikamdas Chandan and Another Vs. Smt. Shantaben G. Tanna and O ...
Court: Mumbai
Decided on: Jan-24-1994
Reported in: AIR1994Bom202; (1994)96BOMLR707
ORDER1. Rule. Rule made returnable forthwith. By consent of the parties, matters called out for final hearing forthwith. Respondents waive service. Heard counsel for the parties.2. These are two petitions, one filed by the trustees who are landlords and the other by developers. Originally building was three storey building and the landlord gave written permission to the tenant to erect water storage tank on the terrace of the 4th floor and there is booster pump also which is constructed. This facility the tenant is enjoying with permission of the landlord since 1979. Since landlords wanted to develop the property and carry on development by constructing two more floors, they wanted to remove the water tank from the terrace of the 4th floor and wanted to erect a separate water tank on the 6th floor and continue the essential supply to the tenant. However, tenant filed a substantive suit claiming declaration that the defendants have no right to shift, demolish or withhold the water suppl...
Naivedhyam Ice-creams Private Ltd., Nagpur Vs. the Maharashtra State F ...
Court: Mumbai
Decided on: Jan-21-1994
Reported in: AIR1994Bom388; 1994(3)BomCR242; 1994(1)MhLj744
ORDERH. W. Dhabe, J. 1. Parties by counsel, Rule. Heard forthwith.2. The petitioner challenges in this writ petition the action of the Maharashtra State Financial Corporation i.e. the respondent No. 1 in disposing of the unit of the petitioner for non-payment of loan advanced to it for the purpose of the said Unit, It also claims that the possession of its unit should not be handed over to the Intervener i.e. M/ s. Indian Ice-Creams Limited Bombay, but should be handed over back to it. It further claims that the respondent No. 1 should grant all the facilities for rehabilitation of its unit. 3. The facts are that the petitioner is a Private Limited Company registered under I the Companies Act, 1956. According to the petitioner, it was established with an object to manufacture all kinds of milk products and ice-creams etc. It applied to the respondent No. 1 for grant of loan of Rs. 35,00,000/- on 7-12-1988. The respondent No. 1, however, sanctioned it a loan of Rs. 32.5 lakhs on 7-12-19...
Shri Gurudeo Ayurved Mahavidyalaya and anr. Vs. Madhav Narayan Mahakod ...
Court: Mumbai
Decided on: Jan-21-1994
Reported in: 1994(3)BomCR27; (1996)ILLJ515Bom
V.S. Sirpurkar, J. 1. In this writ petition, the petitioners, Shri Gurudeo Ayurved Mahavidhyalaya, Gurukunj Ashram, taluka Chandur Railway, District Amravati, through its Principal and Akhil Bhartiya Shri Gurudeo Seva Mandal, Gurukunj Ashram, Taluka Chandur Railway, District Amravati (hereinafter called 'the employers'), challenged firstly the order passed by the Industrial Court, Amravati, by which it has dismissed the appeal filed under the provisions of Sub-section (7) of the Section 7 of the Payment of Gratuity Act, holding it to be barred by time. The said appeal was against the order passed by the Controlling authority under the Payment of Gratuity Act (Labour Court, Amravati). Secondly, this very order of the Controlling Authority is challenged directly on merits.2. The basic facts are as under:Respondent Madhao Narayan Mahakode was working in the post of Accountant in the Ayurved Maha Vidhyalaya, which is run by petitioner No. 2 society. Admittedly, Petitioner No. 2 is a regist...
Nemichand Shantilal Patni Vs. Basantabai
Court: Mumbai
Decided on: Jan-21-1994
Reported in: AIR1994Bom235a; 1994(3)BomCR550; (1994)96BOMLR737; II(1994)DMC437; 1994(2)MhLj1078
1. This is a second appeal by the original plaintiff who has lost Regular Civil Suit No. 97 of 1983 as well as Regular Civil Appeal No. 180 of 1986 against the present respondent-defendant. 2. One Shantilal Patni was the husband of Kundanbai and the father of defendant Basantabai. Shantilal expired on 29-4-1969 leaving behind him wife and daughter but no male issue. Deceased Shantilal was having agriculture land bearing survey No. 15 (Gat No. 34) at village Naigaon, Taluka Gangapur which came to be acquired by the Government and the compensation amount was lying in the office of the Land Acquisition Officer, Aurangabad at that time. As Shantilal had not left any male issue behind him, his wife Kundanbai adopted the plaintiff Nemichand as her son on 11-5-1969, that is, on the 13th day of the death of Shantilal. 3. It is the case of the plaintiff Nemichand that he was adopted as per the desire of Shantilal and all the necessary ceremonies according to the custom prevailing in their commu...
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