Mumbai Court July 1994 Judgments
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Vasant Shankar Choudhari Vs. Laxman Balaji Ambore Through His Legal He ...
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(2)BomCR273; (1995)97BOMLR889
M.S. Vaidya, J.1. The petitioner-landlord's suit for possession of the rented premises which was decreed by the trial Court for possession, arrears of rent and costs of the suit, came to be dismissed by the Appellate Court in appeal under a decree dated 17th January, 1981. Having felt aggrieved by that decision, the petitioner has filed this writ petition.2. An open plot admeasuring about 20 ft. x 12 ft. and bearing House No. 988/2 of Kopargaon was let out to the original respondent Laxman Balaji Ambore, sometime in 1945, on a monthly rent of Rs. 3.50 ps. According to the petitioner-plaintiff, the original defendant Laxman Ambore had made a permanent construction on the suit property without permission of the landlord and had, thus, lost his right to continue on the premises, in view of the provisions contained in section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (in short, the 'Bombay Rent Act'). It was also contended that the petitioner-plaintiff r...
Mazgaon Dock Ltd Vs. Mcdermott International Inc
Court: Mumbai
Decided on: Jul-15-1994
Reported in: 1995(2)BomCR412
A.P. Shah, J.1. The petitioners had floated global tender No. OP/SC/INST/101 dated July 18, 1983 for the transportation and installation of certain structures fabricated by it, transportation and laying of pipe-lines, etc. for the working season 1983-84. After reviewing the offers received, the petitioners awarded to the respondents on a lumpsum contract basis the contract No. AA/OP/64/83-84, OP/SC/INST/101 dated January 14, 1984, which is referred to by the parties as 'Contract No. D-2318'. Clause 53 of Annexure XIII of the contract provided for arbitration of disputes between the parties. 2. Certain disputes arose between the petitioners and the respondents by their letter dated August 7, 1989 appointed their arbitrator and called upon the petitioners to appoint their arbitrator to decide the disputes that had arisen. Thus the disputes came to be referred to the Joint Arbitration of Shri R. B. Bhatt and Shri B. Datta. The Joint Arbitrators differed and consequently, the reference was...
Maqbul HussaIn Kitabullah Vs. Kulvinder Sriram Kapoor and ors.
Court: Mumbai
Decided on: Jul-15-1994
Reported in: 1995ACJ989; 1995(1)BomCR317; (1995)97BOMLR161
D.R. Dhanuka, J.1. This application involves consideration of interpretation and application of section 92-A and 92-C of Motor Vehicles Act, 1939. This appeal is filed by the original applicant against order dated 22nd July, 1993 passed by the learned Member of Additional Motor Accident Claims Tribunal for Greater Bombay in Application No. 3789(A) of 1989. In view of the urgency of the situation, the learned Advocate for the appellant was authorised to communicate the adjourned date of hearing to New India Insurance Co. Ltd., as well as United India Insurance Co. Ltd., by letter as well as by telegram. On 7th July, 1994, the two Insurance Companies were duly served with the letter dated 5th July, 1994, informing these Insurance companies that the abovereferred appeal shall be heard by this Court on 11th July, 1994. In response to the notice served on the concerned parties, Shri Kudroli, learned Counsel for the United India Insurance Co. Ltd., has appeared before the Court and has made ...
The State of Maharashtra Vs. Baburao Tukaram Jadhav
Court: Mumbai
Decided on: Jul-15-1994
Reported in: 1994(4)BomCR522
Vishnu Sahai, J.1. The appellant aggrieved by the order dated 19-9-1990, passed by the Sessions Judge, Ratnagiri in Sessions Case No. 23 of 1990, acquitting the respondent under section 302 I.P.C., has come up in appeal before this Court.2. The prosecution case in brief is as under :The deceased Balaram Tukaram Jadhav was the real brother of respondent. The deceased, his brother Dashrath Jadhav P.W. 4 and the respondent were living in separate portions of the same house, in village Khatloli. In one portion of the house, deceased Balram and his wife Anita Balram Jadhav P.W. 2 were living. In another portion of the same house, P.W. 4 Dashrath Tukaram Jadhav and his wife Sangita Dashrath Jadhav P.W. 3 were living. The respondent is alleged to have been living along with his mother in the third portion of the house. On the night of 31-1-1990, there was a quarrel between the deceased Balram and his wife P.W. 2 Anita Jadhav. It is said that next morning, the respondent questioned Balram as t...
Pacific Exports and ors. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-14-1994
Reported in: (1994)(48)ECC43
1. All the aforesaid appeals involve consideration of the identical facts and issues and hence they were heard together and are being disposed of by this common order.2. The details of the appeal numbers, the orders challenged and the gist of the orders of the authorities below are given in the Annexure to this order.3. In the case of appeal C/127/94 Bom, appeal has been filed against the order of the Collector of Customs, Nhava Sheva, Bombay. In the case of Appeal C/34/94 Bom appeal has been filed against the order of the Collector (Appeals). In the case of other appeals, the orders impugned have arisen from the Collector of Customs, Bombay.4. The undisputed facts, in all these appeals, can be identified as below. The appellants acquired Exim Scrips/REP Licences issued during the Policy Period AM 1990-93. These licences/Exim Scrips were either endorsed for import of items figuring in Appx.5-A of the said Policy or bearing an endorsement for allowing import of items in terms of para 1...
Employees State Insurance Corporation Vs. Sayeeda Khatoon Danawalla an ...
Court: Mumbai
Decided on: Jul-14-1994
Reported in: II(1995)ACC587; 1995ACJ1087; 1995(1)BomCR94; (1994)96BOMLR49; (1995)ILLJ173Bom; 1995(1)MhLj865
D.R. Dhanuka, J 1. The Employee State Insurance Corporation has preferred this appeal against order dated 27th July 1982 passed by Employees' Insurance Court, Bombay, in Application (ESI) No. 60 of 1980. By the impugned order, the Employees' Insurance Court allowed the above referred application and directed the appellant Corporation to pay the dependents benefits to the Original applicants in accordance with the provisions contained in Section 52 of the Employees' State Insurance Act read with First Schedule to the Act. 2. One Mr. M. A. Danawala (the insured person) was employed at the time of his death in Kandivli factory of Mahindra and Mahindra Limited which was duly covered under the provision of the Employees' State Insurance Act, 1948. Mr. M. A. Danawala is hereinafter referred to as the deceased. While the deceased was standing in the queue waiting for the bus provided by his employers through the contractors for joining duty, the deceased was run over by the bus. The deceased ...
Chamber of Income-tax Consultants and ors. Vs. Central Board of Direct ...
Court: Mumbai
Decided on: Jul-14-1994
Reported in: 1995(2)BomCR404; 1995(1)MhLj448
B.P. Saraf, J.1. This writ petition has been filed by four professional bodies, viz., the Chamber of Income-tax Consultants, Bombay Chartered Accountants' Society, All India Federation of Tax Practitioners and Forum of Indian Professional Organisations and a Chartered Accountant, Shri Narayan Krishnadas Varma, who also happens to be the President of the Forum of Indian Professional Organisations and a member of three other organisations. By this writ petition, the petitioners have challenged the validity and legality of Circular No. 681 (see [1994] 206 ITR 299), dated March 8, 1994, issued by the first respondent, the Central Board of Direct Taxes. This petition has been filed by way of public interest litigation on behalf of professionals and, in particular, the professionals who are members of the petitioner associations. By the impugned circular, the first respondent had issued instructions, inter alia, that the payment of fees for professional services is also covered by the provis...
Suryajirao @ Chimanrao Shankarrao Kadam and ors. Vs. New Phaltan Sugar ...
Court: Mumbai
Decided on: Jul-14-1994
Reported in: 1995(2)BomCR201
A.V. Savant, J.1. This petition under Article 227 of the Constitution demonstrates how a clever litigant can take undue advantage of some ad-interim orders obtained during the pendency of a Court proceeding and thereby misuse or abuse the process of law and present the other side with a fait accompli rendering him totally helpless in the matter. The question is : Should the Court be a mute spectator to such an undesirable course of events as would be reflected in this Judgment?2. The petition arises out of the order dated 25th April, 1991 passed by the 3rd Additional District Judge, Satara, dismissing Misc. Civil Appeal No. 65 of 1991. The said appeal arose out of the order dated 13th March, 1991 passed by the trial Judge below Exh. 5 in Regular Civil Suit No. 53 of 1991. Under the impugned orders, the petitioner's application for interim relief has been rejected.3. The petitioners are the original plaintiffs in Regular Civil Suit No. 53 of 1991. The said suit was filed pursuant to the...
Alexander Rebello and anr. Vs. Shashikant and ors.
Court: Mumbai
Decided on: Jul-14-1994
Reported in: 1994ACJ615
G.D. Kamat, J.1. Claim Petition No. 100 of 1985 had been instituted by the present appellants claiming a compensation of Rs. 4,18,000/- before the Motor Accidents Claims Tribunal at Margao. According to the appellants the claim had arisen on following facts: On 8.5.1985 his daughter aged about 20 years was about to start her moped of Luna make when all of a sudden and without blowing horn a pickup bearing No. GDZ 5653 driven by the first respondent and owned by the third respondent collided with Melba as a result of which Melba was thrown down and the Luna was also damaged. Melba suffered compound fracture of the right parietal-temporal region, profuse bleeding from her right ear and also another serious injury of compound fracture of right tibia and fibula. She was immediately taken to Hospicio Hospital at Margao and for lack of facilities she had to be shifted within 3 to 4 hours to Salgaonkar's Hospital where she was treated by Dr. Lad for about 6 weeks. From there she had to be tak...
Kunjamma Mathai Vs. Marcelo Fernandes and ors.
Court: Mumbai
Decided on: Jul-14-1994
Reported in: I(1995)ACC46; 1996ACJ866
G.D. Kamat, J.1. This appeal has arisen out of the award dated 28.2.1989, made in Claim Petition No. 68 of 1986, which was instituted by the present appellant.2. Appellant instituted the claim petition claiming a large amount of compensation of Rs. 5,00,800/- in respect of the death caused to her son, Regi Mathew, in a vehicular accident on 10.5.1986, at Margao. It was claimed by the appellant that her son Mathew was a site engineer employed with New India Construction Company drawing a salary of Rs. 2,000/-per month. It was her case that at about 9.30 p.m. on 10.5.1986, motor cycle bearing No. BHD 203 was being ridden by respondent No. 3 and her son was a pillion rider and upon reaching Margao-Curtorim Road, while taking a turn to come on a side road leading to Gogol, tempo bearing registration No. GDZ 2650, driven by the respondent No. 1 coming from Curtorim in the direction of Margao, gave a dash as a result of which her son fell down and suffered head injury. He was lodged in Goa M...
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