Mumbai Court March 1985 Judgments
N.K. Nayar and ors. Etc. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-12-1985
Reported in: 1985CriLJ1887
Gadgil, J.1. The applicants in both these applications are praying for an , anticipatory bail. These applications were initially placed before a learned single Judge. However, they have now come up before us as the question arose before the learned single Judge as to whether the provisions of Section 438 of the Cri. P.C. can be utilised by this Court when the case or the contemplated criminal proceedings would be in some other State.2. Though only this aspect in both these applications has been placed before us for our decision we have heard the learned Advocates on behalf of both the sides on the merits of the applications and we feel that it would be in the interest of the parties if the applications are decided on merits as well if we come to the conclusion that this Court has jurisdiction to entertain the applications.3. Before going to the rival contentions of the parties it would be necessary to state few facts which have given rise to these applications. Criminal Application No....
Tag this Judgment!Dasu and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-08-1985
Reported in: 1985(2)BomCR168
Tated, J.1. These two criminal appeals arise out of the judgment and order D/- 17th February, 1983 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 141 of 1982 convicting the appellants in Criminal Appeal No. 376 of 1983 (accused Nos. 1 and 2) of the offence under S. 302 read with S. 34 I.P.C. and sentencing them to suffer imprisonment for life, and convicting the appellant in Criminal Appeal No. 98 of 1983 (accused No. 3) of the offence under S. 325 read with S. 34 I.P.C. and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 300/-, or, in default, to suffer further R.I. for two months.2. The prosecution case is that the three appellants-accused as well as deceased Wilson resided in a zopadpatti at Kranti Nagar, Kurla, Bombay. On 15th December, 1981 while the complainant Saiba Baly Damre (P.W. 2), deceased Wilson and one Chandya were near Wadia Estate Naka, a police-officer at the instance of accused Nos. 1 and 2 caught hold of Cha...
Tag this Judgment!Urmilaben Ishverlal Naik Vs. Director of Education and ors.
Court: Mumbai
Decided on: Mar-08-1985
Reported in: 1985(2)BomCR136
G.A. Paunikar, J.1. By this petition under Articles 226 and 227 of the Constitution of India the petitioner, an Assistant teacher of Sarvajanik Vidyalaya, Daman, has prayed for a writ of certiorari against the respondents for quashing and setting aside Circular No. 62 dated 1-3-1976 filed with the petition at Exhibit 'D' and a statement issued by the fourth respondent showing the petitioner's entitlement to lower pay scale filed with the petition at Exhibit 'F' and has further prayed for a direction to respondent No. 4 to treat the petitioner as being in the Post Graduates Scale of pay on the basis that respondent No. 1 has not issued the said circular (Exhibit 'D') and to pay to the petitioner all her pay, salary, emoluments, allowance, etc. as per post graduate scale of Rs. 550-900 (revised).2. The petitioner was serving as a teacher since November, 1968 in a Government Grant-in-aided public school named Sarvajanik Vidyalaya, managed by the managing committee of the Sarvajanik Vidyal...
Tag this Judgment!Jayantilal Thakurdas Suratwala and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-08-1985
Reported in: 1985(2)BomCR287
M.S. Deshpande, J.1. This revision application by the accused is directed against their conviction by the two courts below under section 7(1) read with section 16(1)(a)(i) and 17 of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act'), and the other order sentencing the applicant No. 1 to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, and in default to suffer rigorous imprisonment for the three months; and the applicant No. 2, the firm, of which the applicant No. 1 is the partner, to pay a of Rs. 1000/-.2. Food Inspector-Narvane of Nanded took a sample of catechu on November 8, 1978 form the shop of the applicants and sent it for analysis. The Public Analyst's report, dated December 14, 1978 was received and thereafter consent for the prosecution was obtained on January 24, 1979 and the complaint was filed on March 16, 1979. The Public Analyst, Aurangabad, having reported that the sample of catechu (elible) was adulterated and did not confo...
Tag this Judgment!Dasu and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-08-1985
Reported in: 1985CriLJ1933
Tated, J.1. These two criminal appeals arise out of the judgment and order D/- 17th Feb., 1983 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 141 of 1982 convicting the appellants in Criminal Appeal No. 376 of 1983 (accused Nos. 1 and 2) of the offence under Section 302 read with Section 34 I.P.C. and sentencing them to suffer imprisonment for life, and convicting the appellant in Criminal Appeal No. 98 of 1983 (accused No. 3) of the offence under Section 325 read with Section 34 I.P.C. and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 300/-, or, in default, to suffer further R.I. for two months.2. The prosecution case is that the three appellants-accused as well as deceased Wilson resided in a zopadpatti at Kranti Nagar, Kurla, Bombay. On 15th Dec., 1981 while the complainant Saiba Baly Damre (P.W. 2), deceased Wilson and one Chandya were near Wadia Estate Naka, a police-officer at the instance of accused Nos. 1 and 2 caught...
Tag this Judgment!State of Maharashtra Vs. Vithal Pandurang Bhagar
Court: Mumbai
Decided on: Mar-08-1985
Reported in: 1985CriLJ664
Qazi, J.2. Appellant Vithal Pandurang Bhagat is convicted by the Additional Sessions Judge, Amravati for offence Under Section 302 of the I.P.C. for having committed the murders of Nanibai, Shantabai and Bhimabai on 25th Nov. 1983 at about 3.30 P.M. in the field Survey No. 154/1 of mouza Nimbhor'a-Delwadi, district Amarvati. This spot is about 3 miles away from village Tiwasa.3. According to the prosecution, deceased Nanibai was the wife of the appellant, the marriage having taken place in Gandharv form on or about the 24th Feb. 1983. Nanibai was the daughter of Mahadeo Abaji Nakhale (P.W.12). He was the resident of village Tiwasa, district Amravati. Deceased Shantabai was the wife of Mahadeo (P.W.12). The appellant was also residing at village Tiwasa at the time of the incident. After his marriage with Nanibai, he had shifted to the house of his father-in-law, where he stayed for about two months. There used to be frequent quarrels between them and hence Mahadeo asked them to leave hi...
Tag this Judgment!M. J. Joshi Vs. Fifth Assistant Controller of Estate Duty.
Court: Mumbai
Decided on: Mar-08-1985
Reported in: [1986]17ITD147(Mum)
ORDERPer R. L. Sangani, Judicial Member - Out of these two appeals one has been filed by the accountable person, while the other has been filed by the department. We shall first deal with the appeal filed by the accountable person. The name of the deceased is Shri J. P. Joshi. He died on 24-11-1979. At the time of his death, he was working as an agent of the Life Insurance Corporation of India Ltd. He was residing in a flat with his wife and other members of his family. One of the properties that passed on his death was the self-occupied flat. The registered valuers report estimated the value of the said flat at Rs. 1,56,040. The accountable person claimed that the wife of the deceased had 25 per cent share in that property by virtue of Shastric Hindu law as a lawfully wedded wife. He relied on certain decisions of the Supreme Court. The claim of the accountable person was not accepted. The Assistant Controller estimated the value at Rs. 1,56,040 and allowed deduction of Rs. 1 lakh und...
Tag this Judgment!The Raja Bahadur Motilal Poona Mills Ltd. Vs. Girni Kamgar Sanghatana ...
Court: Mumbai
Decided on: Mar-06-1985
Reported in: (1995)IIILLJ477Bom
Jahagirdar, J. 1.The petitioner is a Limited Company registered under the Indian Companies Act and is running a cotton textile mill at Pune. The first respondent, hereinafter referred to as the 'respondent', is a trade union which is the representative union as far as the petitioner is concerned. The petitioner's mill is governed by the provisions of the Bombay Industrial Relations Act and hence the necessity of mentioning that the respondent is the representative union. The second respondent is the Member of the Industrial Court at Pune before whom a complaint, being Complaint (ULP) No. 244 of 1984, has been filed by the respondent under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, hereinafter referred to as the 'PULP Act'.2. The complaint mentioned above alleges that the petitioner is often laying off its employees without following the procedure prescribed under Section 25M of the Industrial Disputes Act. It is alleged ...
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