Mumbai Court June 1958 Judgments
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S.P. Awate Vs. C.P. Fernandes and anr.
Court: Mumbai
Decided on: Jun-17-1958
Reported in: AIR1959Bom466; (1958)60BOMLR1354; ILR1959Bom334
ORDER1. This is an application for review of a decision of this Court on a writ application directed against the decision of the Payment of Wages Authority, and the decision which is sought to be reviewed followed an earlier decision in Thillai Natarajan v. Fernandes, Special Civil Appln. No. 950 of 1956 which was decided on 3-7-1956 (Bom). It is hardly necessary to state that the powers of review enjoyed by this Court are very limited powers and we have had occasions to point out that when a decision is challenged on the ground that there is an error apparent on the face of the record, the error contemplated is an error so manifest, so clear, that no Court would permit such an error to remain on the record. The error is not an error which could be demonstrated by a process of ratiocination, nor would it be correct to say that when two views on a question of law are possible and the Court has taken one view, the fact that the other view is a more acceptable view would render the first ...
Appa Ramgonda Patil Vs. Dattatraya Vinayak Tengshe
Court: Mumbai
Decided on: Jun-17-1958
Reported in: (1958)60BOMLR1312
M.C. Chagla, C.J.1. This is an application for review, against an order passed by Mr. Justice Dixit and myself on December 20, 1955, on a writ application under Articles 226 and 227 of the Constitution directed against the decision of the Revenue Tribunal, and the first point urged by Mr. Phadke on behalf of the respondent is that a review application does not lie. What is urged is that a Court has no inherent power of review and the only power of review conferred upon the civil Court is by Section 114 of the Civil Procedure Code, and inasmuch as a review is sought in a writ proceeding under the Constitution, Section 114 has no application, and if Section 114 has no application there is no power in the High Court to review its own decision on a writ proceeding and the High Court cannot assume that power under any inherent jurisdiction. It is pointed out that Article 137 of the Constitution expressly confers power of review upon the Supreme Court. In the absence of any such provision in...
Dewli Bakaram and ors. Vs. State Industrial Court and ors.
Court: Mumbai
Decided on: Jun-10-1958
Reported in: (1959)ILLJ475Bom
Mudholkar, J.1. This order will also govern Special Civil Applications Nos. 118 of 1958, 119 of 1958, 120 of 1958 and 121 of 1958. The petitioners in all these cases were employed in the Empress Mills at Nagpur. All of them have been retired from service upon the ground that they have completed thirty years' service or over on 1 September, 1956. This was done in pursuance of an agreement arrived at between the Rashtriya Mill Mazdoor Sangh on the one hand and the Central India Spinning, Weaving and ., respondent 3, on the other. Under this agreement, each of the petitioners was paid fifteen days' basic wages and dearness allowance per completed year of service as compensation and in addition one month's salary in lieu of notice. The petitioners contend that the agreement was mala fide, that it was entered into by a union of which they were not members and that each of them was fit and healthy and able to work in a satisfactory manner. They also allege that while implementing the agreeme...
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