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Mumbai Court June 1971 Judgments

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Jun 16 1971

Filmistan Private Ltd. Vs. the Municipal Corporation for Greater Bomba ...

Court: Mumbai

Decided on: Jun-16-1971

Reported in: AIR1973Bom66; (1970)72BOMLR461; 1972MhLJ896

Desai, J. 1. This is group of 39 appeals arising from the judgment of the learned Chief Judge of the Court of Small Causes, Bombay, sitting as the person designate under Section 217 of the Bombay Municipal Corporation Act, 1888 (Bombay Act III of 1888); the said Act will be hereinafter referred to as the Bombay Municipal Act.2. The Appellants, Messrs. Filmistan Private Limited, are the owners of a property known as 'Bombay Talkies Studios' situated at Daddy Seth Road, Malad, Bombay. Until 1960 the Appellants were using the property for this own purposes viz., for the production of cinema films. This property covers an extensive area of slightly over 18 acres. In 1960 the Appellants gave the various structures situated on the property on what was said to be leave and licence basis to various small scale industries. The Appellants had provided certain amenities to the 'licensees' such as free use of electricity, water, electricians, sweepers, pumpmen, watchmen, etc.3. For the year 1960-6...


Jun 15 1971

A.G. Pathak Vs. S.L. Prasad

Court: Mumbai

Decided on: Jun-15-1971

Reported in: (1972)74BOMLR136; 1972MhLJ346

K.K. Desai, J.1. His Lordship after stating the facts, proceeded. Now, in connection with the contentions made by Mr. Sawant, it is convenient to notice the relevant contents of Section 66 of the Shops and Establishments Act and of Section 10 and Schedule 2 of the Industrial Disputes Act. Section 66 makes provision for preventing an employer from dispensing with services of employees in his continuous employment without giving notice of termination and runs as follows:60. No employer shall dispense with the services of an employee who has been in his continuous employment-(a) for not less than a year, without giving such person at least thirty days' notice in writing, or wages in lieu of such notice;(b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice:Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct.By the explanatio...


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