Court : Mumbai
Decided on : Sep-27-1993
Reported in : 1994(3)BomCR403
A.V. Savant, J.1. The first petitioner Procter & Gamble India Limited is a Company incorporated under the Companies Act, 1956. The second petitioner is its shareholder. By this petition, the petitioners seek to challenge the letter dated 16th November, 1988 - Exhibit 'J' to the Petition, issued by the second respondent Additional Assessor & Collector (Octroi) of the first respondent Municipal Corporation of Greater Bombay. Under the said letter - Exhibit 'J', the first petitioner Company was informed that its product 'Chatpat Churanets' attracted octroi under Entry 8 of Schedule `H' to the Bombay Municipal Corporation Act, 1888. Schedule `H' deals with articles liable to payment of octroi. Class-I in the said Schedule `H' deals with the articles of food and drink. Entry 8 deals with edibles and excluding the specific items mentioned in Entry 8, the concluding portion, which is relevant in the present case, reads as under :-' .... and all kinds of food or drink not specifically provided...
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1993
Reported in : 1994(3)BomCR255
A.V. Savant, J.1. The petitioners are a Partnership Firm registered under the Indian Partnership Act, 1932 carrying on the business at Custom House Agents under a licence issued by the Collector of Customs in accordance with the provisions of section 146 of the Customs Act, 1962. They claim to be operating in this field for the last about 40 years without a blemish and during the past 5 years preceeding the filing of the petition, they claim to have annually handled the business involving customs duty of approximately Rs.20 crores each. The first respondent is the Board of Trustees of the Port of Bombay and the 2nd respondent is the Docks Manager of the Bombay Port Trust.2. By the present petition, the petitioners seek to challenge the letter dated 29th February, 1988 - Exhibit 'E' to the petition, under which the 12 Dock Entry Permits issued to the petitioners have been suspended until the final disposal of the criminal case instituted against the petitioners, in the following facts. ...
Tag this Judgment!Court : Mumbai
Decided on : Aug-19-1993
Reported in : 1994(2)BomCR502; (1994)96BOMLR992
G.D. Kamat, J. 1. A batch of writ petitions under Articles 226 and 227 of the Constitution of India challenges the orders made by the Land Acquisition Officer/ Collector denying the petitioners re-determination of compensation under section 28-A of the Land Acquisition Act, 1894. Impugned orders under challenge are not on the merits of the case for re-determination of the compensation as the applications were dismissed on preliminary ground of maintainability.2. Out of the batch of petitions the orders challenged are where the Land Acquisition Officer held that the petitioners who had received compensation pursuant to the award made by the Land Acquisition Officer without protest are not entitled to seek any relief for re-determination under section 28-A. In certain other cases the impugned orders are made on the ground that the petitioners did not file fresh applications within the prescribed period upon disposal of appeals by the High Court wherein awards of the reference Court were ...
Tag this Judgment!Court : Mumbai
Decided on : Mar-01-1993
Reported in : 1996(2)BomCR96; (1993)95BOMLR513
H.W. Dhabe, J.1. Parties by Counsel, Rule. Heard forthwith.2. The instant writ petition can be disposed of on the basis of the preliminary objection regarding its maintainability raised on behalf of the respondents 2 and 3. Principally the preliminary objection is that none of the respondents 2 and 3 is holding a 'Public Office' and therefore, a writ of quo-warranto or any other appropriate writ, order, and/or direction in the nature of quo-warranto should be issued under Article 226 of the Constitution of India to remove them from the offices held by them in Shree Shivaji Education Society, Amravati.3. The basic facts relevant to the consideration of the above preliminary objection are that Shree Shivaji Education Society, Amravati is a Society registered under the provisions of the Societies Registration Act, 1860. The said Society was established long back on 2nd December 1932 by Dr. Punjabrao Deshmukh for making the educational facilities available to the people in the Vidarbha reg...
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