Mumbai Court September 1965 Judgments
State of Maharashtra Vs. Gourishankar Kawadu Shende
Court: Mumbai
Decided on: Sep-28-1965
Reported in: AIR1966Bom179; (1966)68BOMLR236; 1966CriLJ875; ILR1966Bom495; 1966MhLJ97
Wagle, J. (1) This is an application under section 439 of the Criminal procedure code by state praying that the sentences of imprisonment for life imposed on accused Gourishankar be altered to sentence of death. (2) The accused was married to the deceased some time in 1950, and the families of both, resided in Pul-file at Wardha after marriage, the deceased lived with the accused till about the beginning, of 1964, during which period, she gave birth to four children. The eldest amongst them is aged about eleven years, and the youngest is about three years old. The prosecution case is that the accuser's financial circumstances deteriorated by about 1963, and he began to suggest to housewife that she should earn money by immoral means. In other words, the suggestion made by the accused was that the she should sell herself for money and provide the means of livelihood for the family. The prosecution case further is that the deceased was unwilling to do so and, ultimately, by about March, ...
Tag this Judgment!Abdul Gani Babbu Khan Vs. Commissioner, Nagpur Division
Court: Mumbai
Decided on: Sep-28-1965
Reported in: (1965)67BOMLR423
Abhyankar, J.1. By this petition under Arts. 226 and 227 of the Constitution, the petitioner desires that the order passed by respondent 1, Commissioner of Nagpur Division according sanction to the suspension of the petitioner pending enquiry and discharging the petitioner as per resolution of respondent 3, Municipal Committee, Pulgaon, discharging the services of the petitioner on accepting the report of an enquiry officer should be quashed. A few facts are necessary to understand the contentions raised by the petitioner. 2. Respondent 3 is a municipal committee incorporated for the town of Pulgaon under the Central Provinces and Berar Municipalities Act, 1922. The petitioner was appointed on probation for a period of three years as a secretary of respondent 3 committee on January 1, 1962. This appointment was subsequently approved by the State Government. A meeting of the municipal committee was held on September 3, 1963. At the relevant time the office of president of the municipal ...
Tag this Judgment!Abdul Gani Vs. Commissioner, Nagpur Division, Nagpur and ors.
Court: Mumbai
Decided on: Sep-28-1965
Reported in: AIR1967Bom327; (1966)68BOMLR822; ILR1966Bom1056; (1967)IILLJ475Bom
Abhyankar, J.(1) By this petition under Articles 226 and 227 of the Constitution, the petitioner desires that the order passed by respondent No.1. Commissioner of Nagpur Division, according sanction to the suspension of the petitioner pending enquiry and discharging the petitioner as per resolution of respondent No. 3 Municipal Committee, Pulgaon, discharging the services of the petitioner on accepting the report of an Enquiry Officer should be quashed. A few facts are necessary to understand the contentions raised by the petitioner.(2) Respondent No. 3 is a Municipal Committee incorporated for the town of Pulgaon under the C. P. and Berar Municipalities Act, 1922. The petitioner was appointed on probation for a period of three years as a Secretary of respondent No. 3 Committee on 1st January 1962. This appointment was subsequently approved by the State Government, A meeting of the Municipal Committee was held on 3rd of September 1963. At the relevant time the office of President of th...
Tag this Judgment!Sitaram Bapu Rane Vs. Municipal Corporation and anr.
Court: Mumbai
Decided on: Sep-27-1965
Reported in: (1966)ILLJ588Bom
Chainani, C.J.1. This application arises out of a dispute in regard to promotions between the bus-conductors and the former tram-conductors, who were subsequently absorbed as bus-conductors by the Bombay Electric supply and Transport Undertaking, respondent 2. Respondent 4 is representative union of the workers employed by respondent 2. It appears that an arrangement or understanding was arrived at between respondents 2 and 4, by which it was agreed that future promotions should be in the radio of four from bus-conductors to two from former tram-conductors. The petitioners, who are some of the former tram conductors, did not like this formula, as they felt that it prejudicially affected the interests of the tram-conductors. They therefore made an application to the labour court under Ss. 78 and 79 read with S. 80C of the Bombay Industrial Relations Act. The substantial prayer made in this application was that the seniority of all workers should be fixed from the dates on which they ori...
Tag this Judgment!Hiralal Sadasheorao Bande Vs. State Industrial Court, Nagpur
Court: Mumbai
Decided on: Sep-23-1965
Reported in: 1966MhLJ1060
Abhyankar, J.1. The judgment will also dispose of one of the common points arising in this petition and in Special Civil Applications No. 704 of 1964, which was heard along with the main petition at the request of the parties, and which is regarding interpretation of Ss. 37 and 38A of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. 2. The petitioners in Special Civil Application No. 684 of 1964 are the elected representatives of the assessment inspectors employed in the assessment department of the City of Nagpur Corporation. They were so elected at a meeting held by the labour officer of the Government on 28 July 1962. After their election as such on 4 August 1962 the petitioners gave a notice of change under S. 32 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, demanding : (1) that the assessment inspectors working in the corporation should also be paid a motor-cycle allowance of Rs. 40 as was paid to other inspectors, and (2) t...
Tag this Judgment!Haralal Sadasheorao Bande and ors. Vs. State Industrial Court, Nagpur ...
Court: Mumbai
Decided on: Sep-23-1965
Reported in: AIR1967Bom174; (1966)68BOMLR731; (1967)ILLJ168Bom
Abhyankar, J.(1) This judgment will also dispose of one of the common points arising in this petition and in Special Civil Application No. 704 of 1964, which was heard along with the main petition at the request of the parties, and which is regarding interpretation of S. 37 and S. 38-A of the C. P. and Berar Industrial Disputes Settlement Act, 1947.(2) The petitioners in Special Civil Application No. 684 of 1964 are the elected representatives of the Assessment Inspectors employed in the Assessment Department of the City of Nagpur Corporation. They were so elected at a meeting held by the Labour Officer of the Government on 28-7-1962. After their election as such on 4th of August 1962, the petitioners gave a notice of change under S. 32 of the C. P. and Berar Industrial Disputes Settlement Act, 1947, demanding (1) that the Assessment Inspectors working in the Corporation should also be paid a motor-cycle allowance of Rs. 40 as was paid to other inspectors, and (2) that their pay-scales...
Tag this Judgment!Upendra Subhanna Prabhu Vs. First Labour Court, Bombay and anr.
Court: Mumbai
Decided on: Sep-21-1965
Reported in: (1965)IILLJ405Bom
Chainani, C.J.1. In 1960 the petitioner had made an application for recovery of overtime wages, which he claimed were due to him on account of his working on Sundays from 1956 to 1960. After several adjournments the matter came up for hearing on August 20, 1962. On that date the petitioner's advocate, Sri Kamerkar, withdrew his appearance with the consent of the petitioner. The petitioner was called upon to proceed further with the matter, but he did not lead any evidence. The labour court, therefore, dismissed the application of the petitioner on August 20, 1962. The petitioner did not appeal against this order. On 5 March, 1963 the petitioner made a second application, in which he claimed the same relief which he had claimed in the previous application. The labour court held that the application was not maintainable as the decision in the previous application operated as res judicata. That order is being challenged before us. 2. Sri Chitale, who appears on behalf of the petitioner, h...
Tag this Judgment!Ramkrishna Yeshwant Gore and anr. Vs. Secretary, Village Panchayat, Bo ...
Court: Mumbai
Decided on: Sep-21-1965
Reported in: AIR1967Bom334; (1966)68BOMLR726; ILR1966Bom931
Abhyankar, J.(1) By this petition under Articles 226 and 227 of the constitution the Sarpanch and Upasarpanch of Village Panchayat, Borjai, in Darwha taluq of Yeotmal district, invoke the jurisdiction of this Cxopurt to quash proceedings of the meeting of Village Panchayat of that village at its meeting held on 4-8-1964, in which a motion of no confidence is alleged to have been passed against them and also to quash a memorandum issued by the Administrative Officer of the Zilla Parishad, Yeotmal, directing the Secretary to send a notice in prescribed form to the Collector. Yeotmal, regarding the vacancies that were created in the posts of Sarpanch and Upasarpanch of that village. The facts in this case are of considerable importance to point out the erroneous interpretation that seems to have been put on some of the provisions of the Bombay Village Panchayats Act in the functioning of the Panchayats and the powers of the Zilla Parishad and the Panchayat Samiti in supervising their work...
Tag this Judgment!Asia Publishing House (Private) Ltd. Vs. Its Workmen
Court: Mumbai
Decided on: Sep-18-1965
Reported in: (1966)ILLJ721Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 10, 10(1) and 12AWARD1. In exercise of the powers conferred by Clause (d) of Sub-section (1) of S. 10 read with Sub-section (5) of S. 12 of the Industrial Disputes Act, 1947, the Government of Maharashtra by its order, Industries and Labour Department No. AJA-93 (1)/63-LAB-II, dated 31 January, 1964, referred to this tribunal for adjudication the industrial dispute consisting of the workmen's following demand : 'All employees should be given half of the total wages earned in 1962 as bonus for the year 1962.' 2. A statement of claim, in support of the demand, was submitted by the Publishers and Booksellers 'Employees' Association representing the workmen. The employer filed its written statement contesting the demand. 3. The employer has produced the certificate of its incorporation under the Companies Act. It was incorporated on 31 August, 1961. The company is limited. 4. The demand is for bonus for the year 1962. The accounti...
Tag this Judgment!Dharamchand Premchand Vs. Kopargaon Taluka Kapus Ginning and Pressing ...
Court: Mumbai
Decided on: Sep-16-1965
Reported in: AIR1967Bom124; (1966)68BOMLR177; ILR1966Bom414
ORDER(1) Respondent No. 1 is a co-operative ginning and pressing society registered under the Co-operative Societies Act. The society purchases cotton from its members and sells it to other persons. On 25-11-1962 an auction was held by the respondent-society. At that auction the petitioners offered the highest bids for three lots of cottion. They also paid, Rs. 11,000 in part payment of the price of the cotton. As the petitioners did not take delivery of the cotton or make further payments the society approached the Registrar, Co-operative Societies, under section 91 of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the Act, for the dispute being decided under the provisions of the Act . The Registrar referred the dispute to his nominee under section 93 of the Act. Before the nominee an objection was raised that the dispute did not come within the purview of section 91 as the petitioners were not members of the respondent society and that consequently the ...
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