Mumbai Court September 1998 Judgments
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In the Matter of Winding Up Order Dated 23.10.1997 of Firth (India) St ...
Court: Mumbai
Decided on: Sep-04-1998
Reported in: 1999(1)BomCR84; 1999BomCR(Cri)907
ORDERF.I. Rebello, J. 1. Company Application No. 446 of 1998 has been moved by the applicants wherein they have prayed that they be allowed to prosecute the respondent Company and its Directors in Criminal Case No. 251/S of 1998 at Dadar Court and in Criminal Case No. 611/S of 1998 at GirgaumCourt in respect of complaints which have been filed under the provisions of section 138 of the Negotiable Instruments Act. In a company petition filed against the Company by Minutes of Order dated 3rd January, 1997, it was provided that, in the event the Company failed to pay the instalments, the Official Liquidator in terms of Clause (3) of the Minutes of Order was to stand appointed as Provisional Liquidator. There was a failure by the Company to pay in terms of the Minutes of Order and consequently the Official Liquidator stood appointed as Provisional Liquidator of the Company's assets. By the present application permission is sought under section 446(2) of the Companies Act to prosecute the c...
Shri Pandurang Hari Patil Vs. Shri Narayan Balu Tandel and Others
Court: Mumbai
Decided on: Sep-04-1998
Reported in: 1998(4)ALLMR541; 1999(1)BomCR157; 1998(3)MhLj524
ORDERR.M. Lodha, J. 1. A short but interesting question that arises in this writ petition is whether a transfer of an agricultural land by tribal whose title in such land was not valid to a non-tribal between the period mentioned under section 2(1)(f) of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short 'Act of 1974') is covered under that section.2. The facts are few. The disputed land bearing Survey No. 36, Hissa No. 3/2 part admeasuring 1 hectare 06 ars situate at Village Kadiwali originally belonged to one Vishnu Shankar Rodage - the father of respondent Nos. 2 and 3 herein. The respondent No. 1 Narayan Balu Tandel is tribal and he purchased the said land from Shri Visnhu Shankar Rodage by registered sale deed dated 22-4-1963 for a consideration of Rs. 700/-. At the time of the purchase, Narayan Tandel (Tribal) was not agriculturist. Thereafter on 14-6-1965. Narayan Tandel sold the said land to the petitioner who is non-tribalfor a consideration of Rs. 9...
M/S. Premlaxmi and Co. Vs. Trafalgar House Construction India Ltd.
Court: Mumbai
Decided on: Sep-04-1998
Reported in: 1998(4)ALLMR412; 1998(4)BomCR830; (1998)3BOMLR708; 1998(3)MhLj695
ORDERM.B. Shah, C.J.1. This application is filed by the applicant M/s. Premlaxmi & Co. against the Respondent Trafalgar House Construction India Ltd. under section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter, for the sake of brevity, referred to as the said 'Act') for referring the dispute between the Applicant and the Respondent to the Arbitrator.2. It is the contention of the applicant that M/s. Tata Electric Co. (TEC) is the owner of Mulshi Dam situated at Pune. M/s. Tata Electric Co. entered into a contract with the respondent as per work order dated 1st August 1995 for strengthening the said Mulshi Dam by rock excavation and filling earth as per its specification. The respondent in turn appointed the applicant as Sub-Contractor for doing the excavation work for spillways and allied work as per the terms and conditions mutually agreed by and between the applicant and the respondent. It is also the contention of the Applicant that appointment of the applicant as Sub-...
Mrs. Hiralaxmi, Widow of Mansukhlal Kothari and Others Vs. Life Insura ...
Court: Mumbai
Decided on: Sep-04-1998
Reported in: 1999ACJ116; 1998(4)ALLMR278; 1998(4)BomCR837; [2000]101CompCas29(Bom); 1998(3)MhLj537
ORDERPer P.S. Patankar, J. 1. In this petition under Article 226 of the Constitution of India, the petitioners are praying for a writ of Mandamus directing the respondent No. 1 Life insurance Corporation of India to pay a sum of Rs. 1 lakh along with interest at the rate of 18% from the date of the death of the insured till payment on the ground that there was a concluded contract between the parties in respect of the two Insurance Policies. The question, in short, involved is whether there was a concluded contract between the parties. A few facts are as under :-- Petitioners Nos. 2 to 7 are the sons and daughters and petitioner No. 1 is the widow of one late Mansukhlal Kothari. Mansukhlal Kothari had given proposal for two insurance policies for a sum of Rs. 1,00,000/- on 14th August, 1987. He also sent a cheque dated 18th September, 1987 for a sum of Rs. 4,169.25. Respondent No. 1accepted it and encashed it on 21st September, 1987. Mansukhlal Kothari died of heart attack on 28th Nove...
Firth (India) Steel Co. Ltd. (In Liqn.).
Court: Mumbai
Decided on: Sep-04-1998
Reported in: 1999(5)BomCR907
ORDERF.J. Rebello, J.1. Company Application No. 446 of 1998 has been moved by the applicants wherein they have prayed that they be allowed to prosecute the respondent Company and its Directors in Criminal Case No. 251/S of 1998 at Dadar Court and in Criminal Case No. 611/S of 1998 at Girgaum Court in respect of complaints which have been filed under the provisions of section 138 of the Negotiable Instruments Act. In a Company Petition filed against the Company by Minutes of Order dated 3rd January, 1997, it was provided that, in the event the Company failed to pay the instalments, the Official Liquidator in terms of Clause (3) of the Minutes of Order was to stand appointed as Provisional Liquidator. There was a failure by the Company to pay in terms of the Minutes of Order and consequently the Official Liquidator stood appointed as Provisional Liquidator of the Company's assets. By the present application permission is sought under section 446(2) of the Companies Act to prosecute the c...
Deutsche Bank Ag Vs. Sunmick Exports (P.) Ltd.
Court: Mumbai
Decided on: Sep-04-1998
Reported in: [2001]105CompCas152(Bom)
F.I. Rebello, J. 1. The petitioners have filed this winding up petition against the company alleging that the cheque in an amount of Rs. 3,37,65,064, dated March 29, 1997, when presented for payment to the bank was dishonoured on account of insufficient funds. It is the case of the petitioners that they had given what is known as a packing credit facility to the company in order to meet certain export orders received by the company. Though a statutory notice was served on the company under Section 434 of the Companies Act, 1956, no reply was sent and consequently the present company petition.2. An affidavit has been filed on behalf of the company by one Mr. Dattatraya Sondekar. In paragraph 3(b) of the affidavit, it has been alleged that in terms of the agreement of understanding between the petitioners and the company, the petitioners were fully secured before, during and after the export by hypothecation of goods and other securities as set out therein. This included a direct assignm...
ion Exchange Finance Ltd. Vs. Bombay Leasing Co. Pvt. Ltd.
Court: Mumbai
Decided on: Sep-04-1998
Reported in: (1999)101BOMLR150
F.I. Rebello, J.1. Company Application No. 446 of 1998 has been moved by the Applicants wherein they have prayed that they be allowed to prosecute the Respondent Company and its Directors in Criminal Case No. 251/S of 1998 at Dadar Court and in Criminal Case No. 611/S of 1998 at Girgaum Court in respect of complaints which have been filed under the provisions of Section 138 of the Negotiable Instruments Act. In a Company Petition filed against the Company by Minutes of Order dated 3rd January, 1997, it was provided that, in the event the Company failed to pay the instalments, the Official Liquidator in terms of Clause (3) of the Minutes of Order was to stand appointed as Provisional Liquidator. There was a failure by the Company to pay in terms of the Minutes of Order and consequently the Official Liquidator stood appointed as Provisional Liquidator of the Company's assets. By the present application permission is sought under Section 446(2) of the Companies Act to prosecute the compla...
Commissioner of Customs, Vs. Thavakkal Rubber Moulding
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-03-1998
Reported in: (1999)(63)ECC602
1. The Collector of Customs (Preventive), Gujarat. Ahmedabad has filed this appeal against the impugned order dated 5.8.1994 passed by the Collector of Customs (Appeals), Ahmedabad. The Respondents imported scrapped rubber tyres for which they filled Bill of Entry in the Customs House. Mundra on 13.10.1992. The Custom House found that the Respondents were not in possession of the import licence for the goods and that the tyres had not also been cut as required under Import Policy if they have to import tyres without license. They were therefore instructed by the Custom House to get the tyres cut or produce an import licence for the clearance of the consignment. They wrote in reply on 15.2.1992 saying that if the tyres are cut into two pieces they would then be unfit for the purpose for which they have been imported, namely retreading, and they were also not in a position to produce any import licence since they had not applied for the same since they were under the impression that the...
Hindurao Dnyanu Shirtode and Another Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Sep-03-1998
Reported in: 1998(4)ALLMR470; 1999(1)BomCR153; (1998)3BOMLR492; 1998(3)MhLj622
ORDERAshok Agarwal, J.1. Petitioners, who are the Sarpanch and Upasarpanch, Ambak, Taluka Khanapur, Dist. Sangli, have filed the present petition seeking to impugn the No Confidence Motion passed against them in a meeting held on 17th April, 1997.2. Few facts, giving rise to the filing of the petition, are as under:-In a Bye-election held on 3rd April, 1997, one Bhausaheb Pandurang Jagdale was elected. His election was displayed on the Notice Board of Grampanchayat on 9th April, 1997. On 11th April, 1997, a requisition for calling a meeting to consider No Confidence Motion was issued. On 12th April, 1997, requisition notice is signed by five members, which is more than 1/3rd of the total number of members of the Grampanchayat. The Tahsildar by his notice dated 12th April, 1997, convened a meeting to be held on 17th April, 1997. The said notice, it is the case of the petitioners, was served upon them on 15th April, 1997. In the meeting held on 17th April, 1997, No Confidence Motion has ...
Smt. Dropadabai Babasaheb Mote Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-03-1998
Reported in: 1999(4)BomCR170
ORDERR.J. Kochar, J.1. Heard learned Counsel for the respective parties. Rule.2. On request of learned Counsel Rule is made returnable forthwith.3. It is painful to see the petitioner before us, who appears to have crossed the age of 70 years, with a begging bowl for freedom fighter's pension, receivable by her husband, deceased Babasaheb Gena Mote, resident of Pargaon, Taluka Bhoom, District Osmanabad. The petitioner is pursuing her husband's application, made to the Collector, Osmanabad on 25-10-1990 for freedom fighter's pension. It is the most pathetic narration of a widow of a patriot, who died on 8-3-1991 yearning for some solace for livelihood in the form of freedom fighter's pension.4. The petitioner has stated in the petition that her husband had virtually plunged into the freedom movement and had spent the best part of his life in freedom struggle of this country. It is also stated that her deceased husband had fought during the Hyderabad Liberation Movement and had faced Raz...
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