Mumbai Court January 1980 Judgments
Kartarchand Dalliram JaIn Vs. Taravati Kartarchand Jain
Court: Mumbai
Decided on: Jan-30-1980
Reported in: AIR1982Bom15
ORDER1. This petition raises an interesting point of law with regard to the grant of maintenance pendente his under S. 24 of the Hindu Marriage Act. 1955.2. The petitioner husband filed a petition for divorce in the Bombay City Civil Court at Bombay, being M-J. Petition No. 647 of 1977, against the respondent-wife on the ground that the respondent wife after the solemnization of the marriage had treated the petitioner with cruelty. After the filing of the petition the marriage had treated the petitioner the respondent wife took out a Notice of Motion dated 31-10-1977 against the petitioner husband for maintenance pendente lite under section 24 of the said Act, claiming a sum or Rs. 1000/- per month. The Notice of Motion was argued on the footing was claimed by the respondent wife not only for maintaining herself but also three daughters of the said marriage, who had attained majority. The learned Judge of the City Civil Court in a detailed judgment dated 9-3-1978 passed an order for ma...
Tag this Judgment!Shivraj Fine Art Litho Works and anr. Vs. Judge, First Labour Court an ...
Court: Mumbai
Decided on: Jan-29-1980
Reported in: 1982(2)BomCR343
V.A. Mohta, J.1. Messrs Shivraj Fine Art Litho Works is a partnership firm of which Shri V.D. Dhanwatey, his son Shri Shivajirao, second petitioner and respondents 4 and 9 were partners. The firm carried on business in litho printing and it appears that the business was going on a vast scale. Sometime in January 1974 the said firm came to be dissolved and Shri V.D. Dhanwatey and second petitioner filed a suit for declaration, accounts etc., in the Court of Civil Judge, (Senior Division) Nagpur. One Shri Pendharkar was appointed as receiver after hearing both parties and while the receiver was operating the factory or the business, it seems there have been heavy losses. After a lapse of approximately 4 years, Shri Pendharkar, resigned from receivership and one of the partners Shri V.D. Dhanwatey was appointed receiver. This order came to be challenged in appeal where there has been some modifications in the said order by appointing one Shri Garpure as the Joint Manager along with the re...
Tag this Judgment!D.J. Belekar Vs. Rambhau Bhagwanji Gorale
Court: Mumbai
Decided on: Jan-29-1980
Reported in: AIR1981Bom45
ORDER1. By this revision application the revision applicant seeks to challenge the decree passed against him by the Judge, Small Causes Court, Nagpur on 20th Feb., 1975 in Civil Suit No. 1357 of 1972.2. The plaintiff, present opponent, filed the suit for recovering Rs. 1,500/- advanced by him to the revision applicant on 11-7-1969 under the receipt Ex. 38. According to the opponent, he was on friendly terms with the revision applicant as both of them were working in the office of the Zilla Parishad at Nagpur. It was his case that the applicant who was in need of money obtained Rs. 1,500/- on 11-7-1969 promising to pay back the amount at an early date but failed to do so. The revision applicant admitted in his written statement that he took Rs. 1,500/- from the opponent on 11-7-1969 and passed a receipt to that effect. According to him, 'however, he took Rupees 1,500/- each from 10 different persons in chiding the opponent and deposited these amounts in their names in the Abhaya Griha N...
Tag this Judgment!Union of India Vs. Loksons Pvt. Ltd.
Court: Mumbai
Decided on: Jan-28-1980
Reported in: 1989(43)ELT226(Bom)
Mrs. Sujata Manohar, J.1. This is an appeal from an interim order passed by our learned Brother Judge Shah J. on 11th of December 1979 in the present petition whereby the petitioners have been allowed to export silver wires of half the value of the contract quantity.2. On or about 14th July 1979, the petitioners entered into two contracts with one Messrs Globe Trading Agency Ltd., Dubai, under which the petitioners agreed to sell to Messrs Globe Trading Agency Ltd. Assorted Silver Wires containing 47 per cent silver and 53 per cent copper or any other non-ferrous metal, at a price of Rs. 950/- per kg. The shipment was for August-September 1979. This period has been subsequently extended to 16th of October 1979. One contract was for the supply of about 6350 kgs. of Silver Wires while the second contract was for the supply of about 650 kgs. of silver wires of the above description. In respect of these contracts the petitioners have received remittances of the total value of Rs. 67,50,000...
Tag this Judgment!Keshavrao Girjuba Singare Vs. Chandrabhan Bhojaji Singare
Court: Mumbai
Decided on: Jan-28-1980
Reported in: AIR1980Bom380
1. This is defendant's second appeal against the judgment and decree passed against him in regular civil appeal No. 199 of 1972 by the learned District Judge at Aurangabad who reversed the judgment and decree of the trial Court i.e. Civil Judge, Junior Division, Jalna in regular civil suit No. 71 of 1969 and it arises out of the following facts.2. The suit land survey No. 22/2 admeasuring 10 acres 4 gunthas situated at village Somthana in Jalna Tahsil of the Aurangabad district was of the ownership of the defendant. The plaintiff alleged that the defendant sold this land to him for an amount of Rs. 3,000/- by a registered sale deed dated 18-4-1966 and handed over possession of the land to him. He alleged further that in June, 1968, the defendant unlawfully dispossessed him and hence he filed this suit for possession and for past mesne profits etc.3. The defendant resisted the suit on several grounds. He denied the execution of the sale deed, the handing over of possession and the alleg...
Tag this Judgment!Mallappa Guruppa Chaygule Vs. Padmanna Ormanna Sajane and ors.
Court: Mumbai
Decided on: Jan-24-1980
Reported in: AIR1982Bom211
Chandurkar, J.1. This petition filed by the original owner of survey shared. District Kolhapur, Challenges Taluka action taken by the Settlement Commissioner under S. 32(1) of the Bombay prevention of Fragmentation and consolidation of Holdings Act, 1947 (here in after referred to as 'the Act') where by the original scheme for consolidation which had become final is now sought to be modified by the settlement commissioner.2. In a scheme of consolidation in respect of the village of Mahuli, the petitioner was allotted land bearing revision survey No.146/1/A and revision survey No.146/1-B admeasuring 1 hectare 58 areas which constituted Gat No. 622. These fields were originally owned by respondent No.1 before consolidation. Respondent No.1 was allotted 1 hectare 56 areas out of revision survey No.145 which was given Gat No.23. According to the petitioner, this scheme of consolidation was arrived at on the basis of an agreement between the two parties and this arrangement was, therefore, ...
Tag this Judgment!Sakharam Shinde and ors. Vs. Vilas Anant Deshpande and ors.
Court: Mumbai
Decided on: Jan-23-1980
Reported in: AIR1981Bom68; (1981)83BOMLR23; 1980MhLJ384
ORDER1. The question raised by Mr. Babasaheb Bhonsale appearing for the petitioners in this petition which arises out of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter, the Tenancy Act) is, really speaking, one which presents quite some difficulty. It reveals the shortcomings of the draftsmen who have to burn the midnight oil for the purpose of effecting so many amendments in the Tenancy Act.2. The question arises in the following circumstances:--3. The land in question has Survey No. 316 admeasuring 39 Acres, 23 Gunthas. Respondent No. 1 herein (hereinafter, the Respondent) was the owner of the same till the demise of the present petitioner who is the tenant of the same at all relevant times. Respondent No. 1 was born on 1-2-1952 which means that he would attain majority on 1-2-1970. On 25-3-1957 the respondent applied for possession of one half portion of the lands in question which, for the sake of brevity, is referred to hereinafter as the said lands'. That applic...
Tag this Judgment!D.J. Warkari Vs. K.V. Karanjkar
Court: Mumbai
Decided on: Jan-22-1980
Reported in: (1980)IILLJ270Bom
Chandurkar, J.1. This petition by an employee of the Maharashtra State Electricity Board is directed against an order of dismissal made by the Chief Engineer-IV dated 22nd September, 1975 holding that the two charges, namely, of theft and act of disloyalty to the Board were proved against him. In the view which we are taking in this petition, it is not necessary for us to go into the details regarding the material on which the charges were framed. Briefly stated, however, in the domestic enquiry the charges against the petitioner were that on 18-12-47 when the petitioner was working as Head Foreman at the Nasik Thermal Power Station and he was searched at the gate, three ball-bearings were recovered from his pocket. Two charges, therefore, came to be framed against him, the first being one of theft and the second being act of disloyalty. The competent authority for the purpose of taking disciplinary proceedings against the Petitioner under the Employees' Service Regulations of the Elec...
Tag this Judgment!Ajay Cottons Limited Vs. C. Venkatraman, Chief Controller of Imports a ...
Court: Mumbai
Decided on: Jan-22-1980
Reported in: 1990(29)LC489(Bombay)
Shah, J.1. The petitioners, Ajay Cottons Limited, a public limited company, which manufactures and exports the commodity, viz., 'absorbent cotton wool', has filed this petition under Article 226 of the Constitution, for a writ of mandamus, directing the respondents 1 to 3 to grant to the petitioners cash compensatory support at the rate of 15% of the F.O.B. value of the exports of the 'absorbent cotton (uncarded)' in accordance with the policy of granting cash subsidy on exports laid down by the Government of India, after setting aside the order passed by the Chief Controller of Imports & Exports and the Joint Chief Controller of Imports & Exports, who are respondents 1 and 2 herein, refusing the claim of the petitioners for cash subsidy. Respondent No. 3 to the petition is the Union of India, while respondent No. 4 is the Basic Chemicals, Pharmaceuticals & Soap Export Promotion Council, which is a company limited by guarantee and registered under the Companies Act, 1956, the objects o...
Tag this Judgment!Peter Gonsalves Vs. Killick Nixon Limited and Another
Court: Mumbai
Decided on: Jan-19-1980
Reported in: (1980)IILLJ471Bom; 1980MhLJ658
Chandurkar, J.1. The petitioner who is in employment of the respondent No. 1 company made a claim under S. 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act'), claiming overtime wages from the employer on the footing that he was entitled to claim overtime wages at the rate of one and a half times the rate of daily wages in respect of the entire number of hours of work in excess of 36 hours per week which constituted his normal working hours in a week. It was not in dispute before the Labour Court that the normal working hours of the petitioner in a week were 36. The Labour Court has taken the view that the petitioner was entitled to overtime wages only for the number of hours in excess of 48 hours a week. On that basis the claim made by the petitioner was granted to a limited extent in respect of 47 hours of overtime work done in November, 1972 and January and March, 1973 only.2. The petitioner's contention in this petition which is directed at the order of t...
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