Mumbai Court November 1985 Judgments
Sardar Mohan Singh Ahluwalia Since Deceased Through His Heir Vs. Maitr ...
Court: Mumbai
Decided on: Nov-08-1985
Reported in: 1986(2)BomCR163
S.M. Daud, J.1. The short point for determination in this petition is whether a non-member in occupation of an apartment belonging to a Co-operative Housing Society is amenable to the jurisdiction of the authorities constituted under sections 91A and 97 of the Maharashtra Co-operative Societies Act, 1960 hereinafter referred to as the 'Act').2. The question formulated above has to be considered in the following background:---There was a society registered as a Co-operative Housing Society owning several buildings. The said society had two schemes known as scheme No. 1 at Chembur, Bombay-400 071 and Scheme No. 2 at Chembur, Bombay-400 074. By an order dated August 6, 1970, of the Assistant Registrar, Co-operative Societies, two different societies were created. The first was respondent No. 1 attending to Scheme No. 1, and, the second was a name sake of it with the slight variation of having a 'Vijay' in between the first two words of the title. Hereinafter these two societies shall be k...
Tag this Judgment!Mohamadbhai Chotubhai Vs. Additional Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-07-1985
Reported in: (1986)LC396Tri(Mum.)bai
1. Two Revision Applications filed before the Government of India against the Order No. 630-31 of 1980 dated 5th August, 1980, passed by the Central Board of Excise & Customs, statutorily stood transferred to the Tribunal for being heard as appeals.2. As these two appeals arise out of the common order and as they involve common questions of law and facts, they are clubbed together, heard together and hence this common order.3. The brief facts necessary for the disposal of these appeals may be stated as under: During the early hours of 9.6.74 on previous information the Customs Officers of Broach Mobile Squad intercepted two motor vehicles bearing registration Nos. MRW-5687 and GJD-7985. On thorough search the vehicles found to contain contraband goods such as synthetic fabrics of foreign origin of the value of Rs.1,05,608/-, and the occupants of the vehicles could not produce proof of licit import. The Customs Officers, therefore, seized the goods in the reasonable belief that the...
Tag this Judgment!Shivsingh S/O Kalusingh Jonwal Vs. Marathwada University
Court: Mumbai
Decided on: Nov-07-1985
Reported in: 1986(2)BomCR17; (1986)88BOMLR58
V.P. Salve, J.1. The second appeal raises a substantial question of law inasmuch as the appellant having been reinstated on 25th February, 1972, could an enquiry be instituted, continued and decided against him terminating his services? The question raised is based on the appellant being faced in double jeopardy which is prohibited in law.2. The facts of the case are that on 20th April, 1964 the plaintiff was appointed as Clerk-cum-typist to work in the General Branch of Marathwada University, Aurangabad. On 22nd February, 1965 he was confirmed in that post. On 30th October, 1969 he was promoted as Senior Assistant, on probation for two years, and posted to work in the Department of Zoology. Before he completed the period of probation, he chose to officiate as the President of the Marathwada University Non-teaching Employees Union. It was a body which was neither registered either under the Bombay Public Trusts Act or Societies Registration Act, nor was recognised by the defendant-resp...
Tag this Judgment!Krishna Khore Sahakari Dudh Utpadak and Purvatha Sangh Ltd. Vs. Mohanr ...
Court: Mumbai
Decided on: Nov-07-1985
Reported in: 1986(2)BomCR87
V.V. Vaze, J.1. Is it lawful for a Board of Directors of a Co-operative Society to resolve that pursuant to Bye-law No. 8(5) one of their Directors has ceased to be a member of the Board consequent upon his absence in four consecutive meetings without affording him reasonable opportunity to explain the cause of his absence? This is the question that is being thrown up in this writ petition.2. Maharashtra Co-operative Societies Act, 1960 ('the Act') consolidated and amended the law relating to the Co-operative Societies in the State of Maharashtra. With a view to providing for orderly development of certain type of co-operative societies a new Chapter XI-A was inserted in the Act to deal with the elections of committees of societies belonging to the category specified in section 73-G of the Act. Maharashtra's Specified Co-operative Societies Election to Committees Rules, 1971 dealt with the question of elections to this category of societies. Rule 72 of these rules obligates the Chairma...
Tag this Judgment!Chandrakant Bhanudas Labde Vs. Shobhabai Chandrakant Labde and anr.
Court: Mumbai
Decided on: Nov-07-1985
Reported in: 1986(3)BomCR12
D.N. Mehta, J.1. This Criminal Revision Application has been filed by the petitioner Chandrakant Bhanudas Labde for invoking the jurisdiction of this Court under section 401 of the Code of Criminal Procedure to set aside the order passed by the learned Judicial Magistrate, First Class, Shrirampur, dated 11-11-1982 whereunder the learned Judicial Magistrate permitted the amendment of an application filed under section 125 of the Code of Criminal Procedure.2. Shobha Chandrakant Labde, who is respondent No. 1 herein and who has not appeared though served, filed an application under section 125 of the Code of Criminal Procedure against her husband Chandrakant Bhanudas Labde, the petitioner herein, praying for maintenance at the rate of Rs. 500/- per month. The learned Judicial Magistrate commenced the hearing of the petition and respondent No. 1 (who will hereinafter be referred to as 'the wife') examined herself and one other witness on her behalf. At this stage, the learned Advocates app...
Tag this Judgment!Madhav Khandero Ambikar Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-06-1985
Reported in: (1987)ILLJ31Bom
1. By this petition under Article 226 of the Constitution of India, the Petitioner challenges the order of relating to expunge the adverse remarks made against him and also the order reversion based on such adverse remarks.2. The Petitioner joined the services in the Law and Judiciary Department of the Government of Maharashtra (hereinafter referred to as the 'Respondent'.) in December, 1960 and has been continuously working as a permanent employee of the State Government. He was promoted from time to time and in 1981 was promoted to the post of Under Secretary which post he held till the day he was reverted on September 2, 1985. Petitioner's case is that on June 24, 1985 he received a memo containing adverse remarks against him for the years 1981-82, 1982-83 and 1984-85. He made a representation by a letter dated August 29, 1985 and requested that the adverse remarks be expunged. It was his case that although rules require that the adverse remarks should be communicated to him within ...
Tag this Judgment!Kamal Kailas Kalbhor Vs. Kailas Ramchandra Kalbhor
Court: Mumbai
Decided on: Nov-06-1985
Reported in: 1986(2)BomCR80
S.M. Daud, J.1. This writ petition takes exception to the order passed by a Judge of the City Civil Court upon a notice of motion taken under section 24 of the Hindu Marriage Act.2. The petitioner-wife and the respondent husband were married on 12-5-82. As from November 20, 1982, the couple are not staying together. The wife is back at the home of her parents, while the husband continues to work at Bombay. On April 21, 1983, the husband filed an application for restitution of conjugal rights. Prior thereto, the wife had moved a Magistrate at Ahmednagar for maintenance under section 125 of the Criminal Procedure Code, 1973. In those proceeding for restitution of conjugal rights, the wife appeared and took out the present notice of motion. Therein, it was averred that since leaving the marital home, she had no source of livelihood and that her parents were poor and not in a position to maintain her. A direction be given to the husband to pay Rs. 300/- per month for her maintenance. She w...
Tag this Judgment!Ubaidulla Abdul Aziz Farid Vs. SharafuddIn Abdul Fakih and ors.
Court: Mumbai
Decided on: Nov-06-1985
Reported in: 1986(3)BomCR207
R. Jahagirdir, J.1. The petitioner hereinafter will be referred to as the accused No. 1 and the 1st respondent will be referred to as the complainant. Accused Nos. 1, 2 and 3 are being prosecuted in the Court of the learned Judicial Magistrate, First Class, Bhiwandi in Criminal Case No. 434 of 1981 on the complaint filed by the complainant for the offences punishable under section 406 and 420 r/w section 34 of the Indian Penal Code. The case of the complainant as disclosed in the complaint is as follows:In 1974, the complainant was working as an Agent of the Bombay Mercantile Co-operative Bank of Bhiwandi Branch and as such was looking after the work of disbursing the loans and advances to the members of the said bank. Accused Nos. 1, 2 and 3 are members of the Bank. Accused No. 1 applied for the overdraft facilities to the extent of Rs. 10,000/- against the hypothecation of his 20 buffaloes and offered accused Nos. 2 and 3 as his sureties. On the hypothecation of 20 buffaloes, the ove...
Tag this Judgment!Shri TajuddIn S. Shaikh Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-05-1985
Reported in: (1986)(8)LC361Tri(Mum.)bai
1. This appeal arises out of and is directed against the order in original bearing No. S/14.4.952/84 Pint dated 17.12.1984 passed by the Collector of Customs (Preventive) Bombay. The surveillance staff of D.R.I, found a truck bearing No. MTS 6207 parked at Chembur BMC check naka. After some enquiry at the Naka, the officers checked the contents of the truck in the presence of panchas. The truck was found to contain 49 pkgs. of contraband goods such as VCRs, video cassettes and Sony audio cassettes etc. kept concealed under the cover of 47 bags of wheat and chanas. After detailed inventory and since nobody came forward to claim the goods as well as the truck, the officers took possession of the truck as well as the goods. The documents contained in the truck were looked into and after further investigation and on coming to know that the truck in question was originally registered in the name of Shri Ram Nivas Agarwal and it was transferred in the name of Tajuddin, the present appellant...
Tag this Judgment!Prabhulal Chhaganlal Kothari Vs. Chandrakant S. Doshi
Court: Mumbai
Decided on: Nov-05-1985
Reported in: 1986(2)BomCR103
S.M. Daud, J.1. This petition under Article 227 of the Constitution, takes exception to the dismissal of a claim advanced by the petitioner for being allowed to retain possession of the premises in dispute, the decree passed in R.A.E. Suit No. 6146 of 1965 (Court of Small Causes at Bombay), notwithstanding.2. The points that arise for determination in the present writ petition have to be considered in the following background---The suit tenement is Gala No. 3, belonging to Mohammed Edris Haji Abbas, Church Compound, Opposite Surya Cinema Bombay-14. It was part of the tenement leased out to the respondent who inducted the petitioner on an agreement to pay rent of Rs. 72.82 ps. p.m. On 17-7-65, respondent addressed a notice to the petitioner calling upon him to pay arrears of rent then due, and also calling upon him to vacate the suit tenement by 31-8-65. Petitioner replied to the said notice pointing out that rent inclusive and upto February 1965 had been paid to the superior landlord, ...
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