Court : Mumbai
Reported in : 2009(4)BomCR176
..... arbitrary and ultra virus the powers of the first respondent as the first respondent could not have fixed the rate which is contrary to bombay landing and wharfage fees act, 1882 by which the government has fixed the fees to be levied on the various commodities for landing and shipping services within the limits of all the minor ports in the state of maharashtra. according to the learned ..... the instant petition, the suit was time barred and, therefore, the petitioner has chosen to file this writ petition. according to the learned counsel, as per section 24 of the maharashtra maritime board act, 1996, the board can enter into contract with any individual and prescribe the terms and conditions governing the contract. accordingly, the petitioner entered into contract with the ..... protest on 5th october, 1998. the petitioner thereafter had not bothered to take any legal action in this behalf for a considerable period. instead, the petitioner went on making correspondence requesting the first respondent to waive the penalty on the ground that the petitioner had developed the jetty. the petitioner has not even addressed any letter asking the first ..... parties at length and we have gone through the petition and documents annexed with the same as well as the affidavit-in-reply filed on behalf of the first respondent.9. it is not in dispute that on the basis of correspondence between the parties, the first respondent granted noc to the petitioner on 17th november, 1997 prescribing various .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(4)BomCR147; (2002)4BOMLR134; 2002(3)MhLj449
..... respondents while exercising the jurisdiction in view of provisions of section 42 sub-section (4) of the presidency small causes court act, 1882 (hereinafter referred to as 'the small cause courts act' for convenience). 2. the present petitioners filed a suit in small causes court at bombay which was numbered as summary suit no. 1545 of 1983 ..... manifested in the import general manifesto no. 1024 of 29th august, 1978 at item no. 247. the general landing date of the cargo was 22-9-1978 and the last free date of the clearance was 27-9-1978. respondent no. 1 had appointed. respondent no. 2 as shipping agent for getting a permission of ..... 20-5-1979. the suit consignment was not cleared by respondent no. 1 or 2 and hence the petitioner published a notice for sale in maharashtra government gazette on 26-5-1979 which was also published in the newspaper dated 21-6-1979. ultimately, the consignment was sold on 12-11- ..... from other laws specific provision to that effect has been made in the act. bombay port trust does have a right of general lien as wharfingers under section 171 of the contract act and was competent to recover the amount of wharfage, demurrage and other charges which were due to them. it further held ..... the said bench is at liberty to make a prayer to this court for extending the time. the observations made in this judgment shall not interfere with the decision of the court at the time of final hearing of the revision petition. 18. parties to act on an ordinary copy of this order .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC1406; 1SCR491
..... under that act, certain defined powers of legislation are conferred on the commonwealth in respect of trade and commerce. section 51 reads : 'trade and commerce with other countries and among the states'. section 98 says : 'the power of the parliament to make laws with ..... the attorney general on behalf of the union of india (uoi). the states of andhra pradesh, assam, bihar gujarat, madras, maharashtra, orissa, punjab, uttar pradesh and west bengal intervened and were represented before us either through their respective advocates-general or other counsel ..... governor-general for purposes of local authority. the first contained eight heads : six taxes, one registration fee and one stamp duty. the six taxes were (a) tax on land put to non-agricultural uses (b) tax on succession, (c) tax on betting and gambling ..... 1833, and the governor-general and his council in bengal began to exercise control over the presidencies of madras and bombay. there was thus a move to wards a unitary form of government. in view of the bitter lessons learnt ..... bore fruit in lord mayo's regime, when in addition to fixed grants some sources of revenue were 'provincialised'. by 1882 there came to exist a bifurcation which was described in the phrase 'divided heads of revenue' - a phrases used for ..... the full bench and the writ petitions were dismissed by the division bench by its judgment and order dated august 9, 1957. the three appellants then moved the high court for a certificate under art. 132 of the constitution .....Tag this Judgment!