Court : Mumbai
Reported in : 1998(3)BomCR503
..... to their other contentions, taken up the defence of various liability. after the plaintiff closed his case, defendant nos. 1 and 2 came up with an application for amendment of the written statement to delete this defence with a prayer to consequently delete issue no. 3 based upon this defence. this application of defendant nos. 1 and 2 ..... s suit be dismissed with costs.31. defendant no. 3 viz., dr. arvind kulkarni has also filed his written statement and in the said written statement and the amended written statement he has denied all the allegations made by the plaintiff.32. it is the contention of defendant no. 3 that the present suit is filed by the ..... act, 1963) and limitation runs notfrom the date of misfeasance or malfeasance, but from the time the injury results. in the present case at hand the alleged injury obviously resulted on 16th december 1996 and, therefore, limitation began to run from that date and came to an end in 1989. i agree with the submission made by mr. merchant .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR162; 1999(1)BomCR228; (1999)1BOMLR84; 1999(2)MhLj692
..... award.the question therefore that has to be decided is whether wharfage is a duty or fee payable under the provisions of the major port trust act. in babaji kondaji garad and others v. nasik merchants co-operative bank ltd., nasik and others, : [1984]1scr767 , the apex court observed that it is the function of the court to construe ..... arbitrators have proceeded on the footing that wharfage is a tax. reliance in arriving at that conclusion was placed on opinions of under secretary, ministry of transport and shipping and the ministry of law, to hold the payment of wharfage is a statutory duty and as such the petitioner were bound to accept the liability under clause 20 ..... therein were permitted to bring in a ground of misconduct not alleged earlier. the apex court held that in these circumstances the amendment ought not to have been allowed and the order of the trial court allowing amendment to bring in the said ground was liable to be set aside. in an unreported judgment of this court in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)BomCR189
..... by my brother judge s.n. variava.2. the establishment of the second court (i.e. the court herein) came into being by an amendment to the said act viz. section 5 of the said act in january, 1997 and by a notification dated 11-2-1997 issued by the then chief justice of this court, this court came to be ..... somewhere in the year 1987 at the behest of canara bank after obtaining requisite permission from reserve bank of india with the object of carrying on transaction in government securities, merchant banking business and allied activities vide letter dated 28-5-1987. it is made available being ex. a-1 (14). the board of directors constituted all officers of ..... and claimed to betried and their pleas to that effect were separately recorded which are exhs. 24 to 35 on record.32. however, thereafter prosecution submitted an application for amendment of the charges and in particular addition of charges under sections 409 & 411 of indian penal code (in short i.p.c.) which was opposed to by and on .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... of debenture holders as they apply in relation to the rectification of the register of members'.' 170. on january 17, 1986, the securities contracts (regulation) (amendment) act, 1985 (40 of 1985) came into force which inserted new section 22a to emphasise free transferability and registration of shares and making provision with respect to the ..... of the funds of the company ;(iii) directors of companies, referred to in clause (i) and his associates ; and(iv) mutual fund, financial institution, merchant banker, portfolio manager and any investment company in which any person has an interest as director, fund manager, trustee, or as a shareholder having not less than ..... mr. nariman relied upon another judgment of the supreme court in the case of baldev krishna sahi v. shipping corporation of india ltd., : (1988)iillj202sc . that was a case under section 630 of the companies act which makes officers of a company liable for wrongfully withholding the company's property. it was canvassed before .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom57; (1997)3BOMLR651; 2000(1)MhLj699
..... judgment passed by the hon'ble supreme court of india and in any event, falls within the purview of chapter part x-a of the merchant shipping act. c. all consequential amendments be allowed.' 10. the said chamber summons has been made returnable on 27-8-1999 but mr. parikh, the learned counsel appearing for the ..... be imminently filed against them within the jurisdiction of this hon'ble court, thereby entitling the plaintiffs to invoke the provisions of part xa of the merchant shipping act, 1958 in order to limit liability. 19e. the plaintiffs further state and submit the basis on which the louisiana court decree which came to be passed ..... in the alternative it is prayed that the plaintiffs -- snp shipping services (pvt.) ltd. (for short 'snp shipping') be directed to withdraw this suit.2. snp shipping are the plaintiffs in admiralty suit no. 58 of 1998 filed under the provisions of the merchant shipping act, 1958 (act of 1958} for constituting the limitation fund for limiting their liability .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... the provisions relating to a certificate of service as they apply in relation to a certificate of competency.'6. section 80 was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august 1987. several officers of the indian navy, who had attained the substantive rank of sub- ..... writ petition no. 783 of 1998, was commissioned in indian navy as sub-lieutenant on 1-1-1985.5. section 76 of the merchant shipping act, 1958 provides that everyindian ship, other than a home-trade ship of less than 200 tonnes grossengaged in coasting trade of india, when going to sea from any port or place,shall be provided with ..... application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom34; 2000(1)BomCR511; (2000)1BOMLR56; 2000(2)MhLj570
..... mawlaya was in the bombay harbour at the time when it filed its suit for limitation. reliance is placed on section 2(2) of the merchant shipping act for this purpose. section 2(2) however, has no application to a limitation action per se, as stated earlier. a limitation action is not directed against the ..... to as 'the new orleans court', against the vessel m.v. ya mawlaya in remand against m/s. kara mara shipping co. ltd., holbud ship management ltd., holbud ltd., hydery (p) ltd. in personam. thereafter by an amendment and supplementary complaint, the second defendants impleaded the plaintiffs as well as mr. hasnain merali, mr. shaukat akbarali merali and ..... relief of damages for defamation, learned counsel mr. manohar has very fairly stated that this court will have the jurisdiction to entertain the suit as according to the amended plaint wrong has been done within the territorial jurisdiction of this court. he, however, submits that a look at the plaint together with the documents on the .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)76TTJ(Mumbai)974
..... : [1990]183itr1(sc) . in that case, the supreme court was dealing with the provisions of section 40(b) and with explanation 1 inserted by the taxation laws (amendment) act, 1984, in clause (b) of section 40. one of the arguments advanced on behalf of the assessee was that the insertion of explanation 1, though later in point ..... memorandum explaining the provisions in finance (no. 2) bill, 1996, through which explanation 4a was inserted to section 43(1), makes it expressively clear that the amendment will come into effect from 1-4-1997 and will, accordingly, apply in relation to assessment year 1997-98 and subsequent years. thus, explanation 4a has no ..... the transaction entered into by two sister concerns. he relied on the decisions of the supreme court in juggilal kamlapat v. cit : [1969]73itr702(sc) , union of india v. gosalia shipping (p) ltd. : [1978]113itr307(sc) , mcdowell & co. ltd. v. cto : [1985]154itr148(sc) , sunil siddharthbhai v. cit : [1985]156itr509(sc) and workmen of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... agreement with the aforesaid view of madras high court being legal, logical and in accord with the public policy.21. it may be noted that under the merchant shipping act, 1958, high court in relation to a vessel means the high court within the limit of whose appellate jurisdiction the port of registry of the vessel is ..... paper mills co. ltd., : [1985]3scr26 . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong.24. the decisions which are given in ignorance or forgetfulness of some inconsistent statutory ..... the territories. article 372 provides for continuance in force of existing laws and their adaptation until altered or repealed or amended by the competent legislature or authority. in the year 1956, the state reorganisation act was enacted by the parliament. upon formation of new states, the local limits of respective high courts for the exercise .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(147)ELT101Tri(Mum.)bai
..... the officers recording his statement, and his response which has been reproduced, should both be seen: "q3: since the goods were not imported by you till the date of amendment of igm, do you agree that you negotiated price with m/s. seven star trading can not be legally applicable to goods in question? a: i agree that it is ..... far as the non-mention of the number is concerned, t he learned counsel argues there is no specific finding given by the collector that the said import was not shipped pursuant to the sale indent dated 09.11.87. the doubt cannot substitute the evidence. as far as the statement of nirmal surekha regarding friendship of the importers is ..... in the business of each other and the transaction was at arms length. therefore, the enhancement of value to us $ 1000 is wrong.it was stated that the appellant has acted bonafidely. as against this learned dr, k.m. mondal adopts the reasoning int he impugned order.4. we have considered the rival submissions. in the show cause notice at .....
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