Mumbai Court February 1974 Judgments
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Sadanand Patamkar Vs. New Prabhat Silk Mills
Court: Mumbai
Decided on: Feb-15-1974
Reported in: (1974)76BOMLR437; (1974)IILLJ52Bom; 1974MhLJ761
P.B. Sawant, J.1. These are two cross petitions against the order dated 19th September, 1969 of the Industrial Court in Appeal (I.C.) No. 100 of 1969. 2. Miscellaneous Petition No. 806 of 1969 was filed by the employer on the original side and it was transferred to this Court for hearing along with the Special Civil Application No. 2871 of 1969 filed by the workman. Since both the petitions seek to challenge different directions arising out of the very same order, they are being disposed of by this common judgment. 3. Briefly, the facts leading to these petitions are as follows : One Sadanand Patankar was in the employment of Messrs. New Prabhat Silk Mills No. 2, since the year 1960. By an order dated 30th July, 1967 he was suspended from service and later on 2nd August, 1967 was served with a charge-sheet alleging three acts of misconduct, viz., (1) that he was found talking and thus whiling away time on 30-7-1967 at about 6 p.m. (ii) that on 31-7-1967 he misbehaved with one of the pa...
Santoksingh and anr. Vs. Radheshyam and anr.
Court: Mumbai
Decided on: Feb-13-1974
Reported in: AIR1975Bom5
Chandurkar R., J. 1. This revision application has been referred to the Division Bench in view of the divergence of judicial view on the question as to whether the legal representative of a plaintiff who was granted permission to sue in forma pauper is can continue the suit without payment of Court fee in case he is possessed of sufficient means to pay the required Court-fee. 2. One Beant Kuwar widow of Balwant singh had filed an application for permission to sue the defendants in forma pauper is and the relief claimed against the defendants was the declaration of the plaintiff's title to the suit property which consisted of a house and a decree for possession and mesne profits against original defendants Nos.1 to 3. This application was allowed on 2.11.1965 and the application was registered as a regular civil suit on that date. A revision application challenging the order of the trial Court granting permission to the original application to file a suit in forma pauper is came to be r...
Bombay Cycle and Motor Agency Ltd. Vs. Bhagwanprasad Ramragubir Pandey
Court: Mumbai
Decided on: Feb-12-1974
Reported in: (1974)76BOMLR612
Malvankar, J.1. This is an application by Bombay Cycle & Motor Agency Ltd., under Section 561A of the Criminal Procedure Code, for setting aside the order regarding the disposal of property passed in Criminal Appeal No. 499 of 1970 and Criminal Revision Application No. 320 of 1970, by this Court and for restoration of possession of the property to 'the applicant. It arises this way:2. The applicant is a company registered under the Indian Companies Act, 1913 carrying on business inter alia of hire purchase of vehicles. The applicant alleged that they were the owners of a vehicle viz. 'Dodge Model B6 D300-133' petrol chassis, with four years of the value of Rs. 24,219.10, supplied to them by M/s. Premier Automobiles Ltd., Bombay, under Sales Invoice dated May 2, 1968. Under a hire purchase agreement entered into by respondent No. 1, the vehicle was put in his possession. The said agreement dated May 13, 1968 provided that in the event of respondent No. 1 paying the initial hire charges ...
Ebrahimbhai Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-11-1974
Reported in: AIR1975Bom13; (1974)76BOMLR769; 1974MhLJ562
Chandurkar, J.1. This is a plaintiff's appeal challenging the judgment and decree passed by the Joint Civil Judge, Senior Division, Nagpur, rejecting his plaint under Order 7, Rule 11, of the Code of Civil Procedure, on the ground that the suit filed by him was premature. The facts which gave rise to the suit filed by the plaintiff are not in dispute. House No. 446 in Ward No. 18 was sold by the State for the purpose of recovery of arrears of sales tax on 30-11-1963. The revenue recovery certificate for the recovery of Rs.34,998.15 P. was received by the Tahsildar, Sales Tax Recovery, Nagpur on 27-12-1960 from the Sales Tax Department . The plaintiff claims that he purchased house No. 446 on 9-12-1961 from defendants Nos. 4 to 8 by a registered sale deed for a consideration of Rupees 30,000. Original defendant No. 4 Hussainbhai son of Mulla Taherali died during the pendency of the suit on 19-8-1964 and defendants Nos. 4(a) to 4 (e) are his legal representatives. On 23-5-1962 the plaint...
Dattatraya Narhar Pitale Vs. Prabhakar Dinkar Gokhale and anr.
Court: Mumbai
Decided on: Feb-07-1974
Reported in: AIR1975Bom205; (1975)77BOMLR533
Kantawala, C.J.1. Applicant Dattatraya Narhar Pitale has filed this Revision Application against the order of the learned Extra Assistant Judge, Amratio setting aside his election to Amraoti Municipal Council from Ward No.25. The Election to Amraoti Municipal Council were held in July, 1967 under the Maharashtra Municipalities Act, 1965 (hereinafter referred to as 'the Act'). There were several Wards within the limits of Amraoti Municipal Council and from Ward No.25, there were a candidates viz, the applicants opponent No.1 and opponent No.2. The applicant secured highest number of votes viz. 352 while opponent Nos.1 and 2. The Applicant secured highest number of votes viz., 352 while opponent Nos. 1 and 2 respectively secured 203 and 198 votes. As the applicant secured highest number of votes, he was declared elected.2. On August 21, 1967 opponent No 2 filed an election petition under section 21 (1) of the Act Challenged was that as the Head-Mistress in Municipal Marathi Girls I.E.M S...
Godrej P. Joshi Vs. M.V. Bhatia
Court: Mumbai
Decided on: Feb-06-1974
Reported in: (1974)76BOMLR609
Bhole, J.1. These two revision applications are by the original accused except accused No. 4 who is dead because they are aggrieved by the order passed by the learned Presidency Magistrate, Girgaum, Bombay on their preliminary objection. The preliminary objection, which was raised on behalf of the accused, was that a registered cooperative housing society was excluded from the operation of the provisions of Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, hereinafter referred to as the 'Flats Act', as the word 'promoter' as defined in the said Act did not include a registered cooperative housing society. Complainant Bhatia, who is a purchaser of Flat No. 16 D on the 16th floor of the building known as 'Shanaz', Napean Sea Read, Bombay has filed a complaint against eight accused charging them with offences punishable under Sections 4, 5, 9, 10 read with Section 14 and 14(7)(2)(a) of the Flats Act, 1963 as well as under S...
Kashibai Sachidanand Vs. Hindustan Pencils Private Limited
Court: Mumbai
Decided on: Feb-05-1974
Reported in: [1975(31)FLR54]; (1975)IILLJ73Bom; 1975MhLJ419
Deshpande, J.1. The petitioner was employed as an operator with the respondent, where she served for about seven years. She went on leave from August 10, 1971 to August 16, 1971 as she was pregnant. Delivery appears to have taken place on August 19, 1971. She gave birth to twins, one of which was born dead, and the other died soon. This resulted in her prolonged illness She does not appear to have recovered from this illness when her services were terminated on October 2, 1971 by the respondent on the ground of her overstaying the leave, though she pleaded illness in her explanation to the show cause notice and tried to explain her failure to get the leave extended. When all her efforts to join the work and get reinstated through the union failed, the dispute was referred to the labour court on January 21, 1973. Her claim was resisted by the respondent on the ground that her overstaying the leave resulted in automatic termination of her services and by not getting the leave extended, s...
Ramkrishna Baburao Maske Vs. Kishan Shivraj Shelke
Court: Mumbai
Decided on: Feb-01-1974
Reported in: (1974)76BOMLR424; 1974MhLJ659
Bhole, J.1. This is an appeal by the complainant, who has failed in getting the accused, whom he prosecuted, convicted. He prosecuted them for offences punishable under Section 417 read with Section 34, Indian Penal Code, but the learned Magistrate, Kaij, District Bhir, was not satisfied with the merits of the case and, therefore, acquitted all the six accused.2. The complainant is the unfortunate husband of accused No. 3 who is said to have been offered by her parents, accused Nos. 1 and 2 and some mediators, who were discharged. It is said that the marriage of the complainant with accused No. 3 was settled on May 25, 1970 and was performed on June 1, 1970. Accused No. 3 came to stay with the complainant on that day. They lived as husband and wife and she delivered a child on November 19, 1970 after about five months from the date of the marriage. She was taken to Ambejogai hospital and the doctor's report was that the child was delivered with seven months' pregnancy. The complainant'...
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