Court : Mumbai
Reported in : AIR1943Bom463; (1943)45BOMLR940
John Beaumont, Kt., C.J.1. This is an appeal against an order made by Mr. Justice Chagla in chambers dismissing an application to set aside an order made by the Prothonotary and Senior Master transmitting a certified copy of an award dated July 30, 1938, to the District Court of Ajmer for execution.2. The facts giving rise to the application are these. On July 30, 1938, the award in question was made, and on August 6 notice was given to the parties of the filing of the award under Section 11 of the Indian Arbitration Act of 1899. On December 5, 1940, the award was filed in this Court. On May 14, 1942, an application was made to the Prothonotary & Senior Master to transfer the award for execution to the District Court of Ajmer, and such an order was made on June 25. On April 7, 1943, a summons was taken out for setting aside that order of the Prothonotary, and it is against the dismissal of that summons that this appeal is brought.3. The arbitration took place under the old Arbitration ...
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR33; 1986MhLJ414
..... forms for determination of fair rent in respect of old and new houses in the delhi and ajmer merwara rent control act 1947 was violative of article 14. the said act was brought into force on 24-3-1947 and applied only to houses completed before that date. in september 1947 section 7-a alongwith schedule iv was introduced by an amendment bringing into the purview of the act even buildings constructed after 24-3-1947. while under the unamended act, the courts were empowered to determine standard rent in respect of houses ..... on a consideration of all the circumstances of the case, including any amount paid or to be paid by the tenant by way of premium or any other like sum in addition to rent, the controller finds that the rent of the house is excessive, he shall determine the fair rent to be charged for the house.5. in fixing the fair rent under clause 4 the controller shall have due regard to the prevailing rates of rent for the same or similar accommodation in similar circumstances during the twelve months prior to the 1st april, 1940 and to the rental value as entered in the municipal or local ..... under the act known as the c.p. and berar house rent control order 1947 was published in c.p. and berar gazette extraordinary dated 11-1-1947. the hrc order is the third order under the act. by clause 31(1) of the hrc order the two earlier orders of 1946 and 1947 were repealed with usual saving provision contained in clause 31(2). the hrc order was amended on 21-11-1952 by which clauses .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR50; (1997)99BOMLR425
F.I. Rebello, J.1. The present appellants are the heirs of the original defendant and the present respondents are the heirs of the original plaintiffs. The original plaintiffs filed a suit against the original defendant being Civil Suit No. 30/69 before the Court of the Civil Judge S.D., Panaji. The suit was filed under Decree No. 43525 of the Portuguese Rent Legislation then applicable to the area where the suit house was situated. The cause of action insofar as the Plaintiffs were concerned was that the Defendant had failed to deposit the rent reserved and further the rent had also not been paid on time. The original Plaintiffs in paragraph 14 of the plaint claimed an amount of Rs. 8,665.32 on various counts as arrears of rent. The original Defendant contested the claim of the Plaintiffs. The Defendant contended that there was another proceeding between the parties which was disposed by judgment and decree dated 22.12.63 by making some observations. The said observations though plead...
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR136; (2001)3BOMLR518
ORDERD.K. Deshmukh, J. 1. This Notice of Motion is taken out by the Judgment Debtors for setting aside the insolvency Notice dated 30th August. 1999, taken out by the Decree Holder. The facts that are material and relevant for deciding this Notice of Motion are that in Appeal No. 636 of 1991 the Division Bench of this Court by order dated 26th June. 1992 passed a consent decree, which according to the Decree Holder is a decree for payment of money. The Decree Holder took out an Insolvency Notice dated 30th August, 1999 and served it on the judgment Debtor on 20th September, 1999. The Notice was taken out under the provisions of the Presidency Towns Insolvency Act, 1909. On being served with that notice the Judgment Debtor has taken out this Notice of Motion for, setting aside that Insolvency Notice on various grounds including the ground that the decree pursuant to which this Insolvency Notice has been taken out is not enforceable, as the decree holder has not obtained a leave of the C...
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR29; (2002)4BOMLR41; 2002(4)MhLj568
V.C. Daga, J. 1. This appeal arises from the Judgment and Decreeof the Addl. District Judge, Mapusa in Regular CivilAppeal No.64/1990 dated 31.1.1996, reversing the Judgmentand Decree passed by the Civil Judge, Sr. Division, atPanaji in Civil Suit No.35/80/C dated 28.9.1990, whereinthe suit for eviction has been found to be notmaintainable, in view of the extension of Rent ControlLegislation to the area in which the suit building issituated.FACTUAL BACKGROUND 2. The factual background of the case can bestated quite shortly.3. The original plaintiff, late Shri DattatrayaWalaulikar vide Agreement dated 2.8.1971 had allowed oneVasudeo Dhempe to use western half portion of the housesituated in Village of Nerul, Bardez, Goa on monthlypayment of Rs.25/- for a period of 36 months on the leaveand licence basis.4. The original licensee, said Shri VasudeoDhempe left for heavenly abode on 2.7.1972. The presentdefendants continued to use and occupy the said house ashis heirs and successors. The de...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2005)(191)ELT589Tri(Mum.)bai
1. The appellant is engaged in the manufacture of MS ingots falling under Chapter 72 of Central Excise Tariff Act. He avails of MOPVAT credit of duty paid on the scrap received by him as inputs. During the period under dispute the appellant availed of credit on the strength of 10 endorsed gate passes and 44 certificates issued in lieu of gate-passes. The gate passes referred to above were endorsed by Traders and the Certificates were issued by the Central Excise Officers, who verified the original duty paying documents. Both these documents are valid documents for the purpose of taking credit.2. It is alleged that the appellant availed credit on the strength of endorsed gate passes, which were so endorsed on the strength of, forged gate passes and availed of credit on the basis of certificates issued on the basis of fake/forged documents. During the investigation statements of the officials of the appellant company and that of the traders from whom inputs were received, were recorded....
Tag this Judgment!Court : Mumbai
Revati Mohite Dere, J. 1. Heard learned Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Learned Counsel waive notice for the respective respondents. 3. Petition is taken up for final disposal forthwith, by consent. 4. By this PIL, filed under Article 226 of the Constitution of India, the petitioners, who are social activists, have alleged gender discrimination and arbitrary denial of access to women in the sanctum sanctorum at the Haji Ali Dargah. 5. The petitioners state that they are the office bearers of `Bharatiya Muslim Mahila Andolan' a national secular autonomous mass movement of Muslim Women with over 50,000 members in 15 States. According to the petitioners, since their childhood, they were visiting the Haji Ali Dargah, the Dargah of Pir Haji Ali Shah Bukhari (R.A.), the patron saint and during their visits, were permitted to enter the sanctum sanctorum where the saint lied buried, through a separate entry earmarked only for women to enable them t...
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom397; (1954)56BOMLR321; ILR1954Bom1278
..... rent, that rate was to prevail without any' alteration. considerable force is lent to this argument by the scheme of the act which we will now proceed to consider.19. section 7 provides that the rent payable by a tenant is either the rent agreed upon or the rent according to usage, but this is made subject to the maximum rate fixed under section 6. therefore, even though under an agreement or by usage a tenant is liable to pay a particular rent, if that rent is more than the maximum fixed under section ..... and report, and the three questions were with regard to the legality of certain provisions of the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947, and part c states (laws) act, 1950, and in substance what the supreme court had to decide was whether it was competent ..... legislature exists in order to control the executive, and although it may be difficult for the legislature to control every stage of a reform which it has embarked upon, it should as far as possible at least keep control over the major decisions ..... 24 per acre his rent is reduced from rs. 24 to rs. 5; and the petitioner in special civil application no. 1008 of 1953 points out that as far as he is concerned the effect of the notification challenged is that the one-fourth fixed under sub-section (1) of section 6 has been reduced to 1/34th of the value of the crop.as far as the reference is concerned, the notification challenged is dated december 8, 1952, and that notification fixed the maximum, rent .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom287; (1956)58BOMLR90; 1956CriLJ585; ILR1956Bom343
Vyas, J.1. These are two appeals filed from a judgment of the learned Special Judge, Greater Bombay. Appeal No. 652 or 1955 is by Ramchand Tolaram Khatri who was originally accused 2 and Appeal No. 671 of 1955 is filed by Mr. Rijumal Kripalani who was originally accused 1. The learned Special Judge, Greater Bombay, has convicted both these appellants of an offence under Section 161 read with Section 34, Penal Code and has sentenced the appellant in Appeal No. 671 of 1955 to suffer one year's rigorous imprisonment and to pay a fine of Rs. 500/-or in default to suffer one month's further rigorous imprisonmentThe learned Judge has sentenced the appellant in Appeal No. 652 of 1955 to suffer 9 months rigorous imprisonment and to pay a fine of Rs. 300/-6r in default to suffer 15 days' further rigorous imprisonment. Both the appellants, as I have said, have been convicted of an offence under Section 161 read with Section 34, Penal Code.2. The charge against these appellants, who were original...
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom346; (1958)60BOMLR1314
1. Sunder Dumanna Shetty, the petitioner herein, is the proprietor of an eating house and restaurant named Shauti Bhuvan Hindu Hotel, situate at Clark Road, Jacob Cirefe, Bombay, herein-after referred to as 'the hotel'. A licence had been issued to the petitioner under the provisions of the Bombay Police Act, 1951, being licence No. 970/EHL 1954-55 in respect of the said hotel. The said licence was renewed from time to time upto 31st March 1957. On 28th February 1957 the petitioner made an application for the renewal of the said licence for the year 1957-58. On 2nd August 1957 the Commissioner of Police, Bombay, issued a notice against the petitioner, stating that for the reasons set out in the said notice the Commissioner of Police proposed not to renew the said licence in favour of the petitioner and called upon the petitioner to show cause why such action would not be taken. The petitioner was required to appear before the Commissioner of Police on 9th August 1957 for that purpose. ...
Tag this Judgment!