N.J.PANDYA, D.Y.CHANDRACHUD
Board of Trustees of the Port of Mumbai – Appellant
Versus
Jayantilal Dharamsey & others – Respondent
N.J. PANDYA, J.:---These appeals arise out of the order dated 4-10-1990 of the learned Single Judge Mr. S.M. Daud, J., in Writ Petition Nos. 35 of 1983 and companion petitions of 1984, 1985, 1986 and 1989. On an earlier occasion. Appeal No. 258 of 1991 arising out of Writ Petition No. 35 of 1985 was treated as the main appeal and all the parties concerned were heard in it and by a common judgment dated 11th/12th March, 1993 it came to be allowed.
2. The matter went before the Supreme Court and by an order dated 31st October, 1995, the appeals came to be allowed and as a result the order of the Division Bench passed in Appeal No. 258 of 1991 on 12th March, 1993 was set aside and the matter was remanded back to this Court.
3. In the aforesaid background, we will have to first ascertain the manner in which the appeal after remand is to be dealt with by us. Two grievances were made before the Hon'ble Supreme Court. One was that in the course of the hearing of the appeal before the earlier Division Bench when on the suggestion of the Bench a proposal ("the compromise proposal") was put forth by the appellant. Port Trust the whole matter was gone into on that basis and while consi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.