Mumbai Court March 1986 Judgments
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M. Sundareswaram Vs. Oriental Bank of Commerce
Court: Mumbai
Decided on: Mar-04-1986
Reported in: [1986(52)FLR464]; (1986)IILLJ417Bom
Pendse, J.1. The petitioner was appointed as an Officer (Manager) by the respondent Bank by an order dated 27th February, 1980 in the pay scale of Rs. 660-1800. By an order dated 7th December, 1984 the petitioner was suspended in accordance with Regulation 12(1) of the Oriental Bank of Commerce Officers Employees (Discipline and Appeal) Regulations, 1982. The order of suspension was passed on the ground that while working as Manager at Branch Office Dadar, Bombay, the petitioner had committed serious irregularities. After the order of suspension, the Bank did not frame any charge-sheet against the petitioner, but by the letter dated 28th February, 1985 the petitioner was informed that the order of suspension stands revoked and the petitioner would be entitled to the salary and allowance for the period of suspension. On the same day, the petitioner was served with another order informing that his services stand terminated in accordance with Regulation 20 with effect from 4th March, 1985...
The Singer Company and anr. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Mar-04-1986
Reported in: AIR1986Bom286; 1986MhLJ280
ORDERBharucha, J.1. The Singer Company, the 1st petitioner, is a company incorporated under the laws of United States of America. It manufactures and deals in serving machines. The Singer Sewing Machine Company, the 2nd petitioner, is a company incorporated under the laws of the United States of America. It also manufactures and deals in sewing machines. It carries on business in India, it is a wholly owned subsidiary of the 1st petitioner.2. The 1st petitioner is the owner of several trade marks in India, whereof the principal feature is the word 'Singer'. These trade marks were registered by the 1st petitioner under the provisions of the Trade Marks Act, 1940. Upon the enactment of the Trade and Merchandise Marks Act, 1938, the petitioners applied to the Registrar of Trade Marks under Section 49(3) of the 1958 Act that the 2nd petitioners should be registered as user of an aggregate of 108 trade marks registered in the name of the 1st petitioner. On 3rd Feb. 1965 the Registrar issued...
Municipal Corporation of Greater Bombay Vs. Govindbhai S. Patel and an ...
Court: Mumbai
Decided on: Mar-04-1986
Reported in: 1986(2)BomCR428; (1986)88BOMLR217; 1986MhLJ323
A.D. Tated, J.1. The respondent No. 1 accused was prosecuted by the Municipal Corporation of Greater Bombay for the offence under section 394(1)(e)(i) read with section 471 of the Bombay Municipal Corporation Act. (Bombay Act No. III of 1888). The Municipal Corporation of Greater Bombay had filed two cases, one for the offence committed on 27th February, 1985 and the second for the offence committed on 11th February, 1985. Both the cases were before the 39th Metropolitan Magistrate, Vile Parle, Bombay, being Case Nos. 1148/ML of 1985 and 570/ML of 1985. The accused was found doing the business of stone-cutting and polishing at Mehta Industrial Estate, Malad (West), Bombay, without a licence under section 394 of the said Act on 11th and 27th February, 1985 and therefore, for the offence committed on those two dates two cases were filed against the accused. The accused on 6th June, 1985 submitted an application under section 219 Cri.P.C. to the learned Metropolitan Magistrate and prayed ...
Veersasingh Lakhasingh Aulak Vs. District Magistrate and anr.
Court: Mumbai
Decided on: Mar-04-1986
Reported in: 1986(3)BomCR260
H.D. Patel, J.1. The petitioner Veersasingh Lakhasingh Aulak was detained by order dated 19-10-1985 passed by the District Magistrate, Nanded, respondent No. 1 under section 3(2) of the National Security Act, 1980, hereinafter referred to as the 'Act' in order to prevent him from acting prejudicial to the maintenance of public order. His representation was also rejected by the State Government, respondent No. 2 on 18-12-1985. Both these orders are impugned in this petition.2. The main ground made out for the order of detention was that a secret meeting was held on 15-9-1985 at Langar Saheb Gurudwara, Nanded where it was conspired and decided to murder the President of the Gurudwara Board, Sarder Laddusingh Mahajan, Secretary Sardar Gulabsingh Khandarwale and Member-Sardar Amrikhsingh Kumar by taking an opportunity during the Dassera Festival. The conspiracy was hatched because Sardar Gulabsingh and Sardar Amrikhsingh had gone to Delhi to congratulate the Prime Minister of India for hav...
Chandbi Wd/O Amirshah and ors. Vs. Narayan S/O Karnoo Lengure
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1987(1)BomCR252; 1987MhLJ143
H.W. Dhabe, J.1. This is a plaintiff's appeal in a suit for declaration that the order dated 6-1-1966 passed by the Revenue Tribunal, Wani is illegal and void.Briefly the facts are that the defendant claimed that he was a protected lessee of the field Survey No. 11 of village Wani belonging to the original plaintiff. It appears that the proceedings were initiated under section 46 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short, 'Tenancy Act') for transfer of statutory ownership to the defendant and for determination of purchase price of the suit field. The Agricultural Lands Tribunal, Wani by its order dated 6-1-1966 held that the defendant was the statutory owner of the suit field. It, therefore, determined the purchase price for the same under the provisions of the Tenancy Act. It however appears that prior to this case the plaintiff had filed a case for possession of the suit field in which it was held by the learned Naib Tahsildar, Wani, by his o...
Bajaj Tempo Limited and Vs. Pimpri-chinchwad New Township Municipal Co ...
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1986(2)BomCR321
H.H. Kantharia, J.1. These four appeals are by the plaintiffs challenging the judgments and decrees passed by the learned Third Joint Civil Judge, (Senior Division), Poona on 30th March, 1974 dismissing their suits. The learned trial Judge had heard all the four suits together and had disposed them of by separate but identical judgments. As the facts and points of law involved are common, the appeals are heard together and are being disposed of by this common judgment with the consent of the learned Counsel appearing on both sides.2. The relevant facts are as under :---Special Civil Suit No. 111 of 1971 and Civil Suit No. 240 of 1971 were filed M/s. Bajaj Tempo Limited having their registered office at Chinchwad, Poona-19 for a declaration that the assessment of house taxes made on their buildings for recovery of Rs. 42,750/- in respect of the years 1968-69, 1969-70 and 1970-71 by a bill dated 31st March, 1971 and for the year 1971-72 by a bill dated 20th August, 1971 respectively was ...
Shamrao S/O Madhavrao Bodhankar Vs. Suresh Shamrao Bodhankar and anr.
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1986(2)BomCR650
V.P. Salve, J.1. In this petition petitioner Shamrao Madhavrao Bodhankar, who is the General Secretary of the Pratibha Niketan Education Society, Holi, Nanded, has challenged the order of the College Tribunal for Marathwada and Nagpur Universities Aurangabad, dated 8th June, 1983 by which the dismissal order dated 23-2-1982 issued by the present Secretary against respondent No. 1, is held improper and invalid and was, therefore, set aside. The petitioner-management was directed to reinstate the dismissed teacher.---Respondent No. 1, who was Lecturer in Mathematics in the Pratibha Niketan College, Nanded.2. The facts of the case are that respondent No. 1 joined the said Pratibha Niketan College as Lecturer in Mathematic on 1-7-1972. This College is run by the society known as Pratibha Niketan Education Society, Holi Nanded. It is an admitted fact that Shamrao Madhavrao Bodhankar is the General Secretary of the said Society. Respondent No. 1 was made Principal of the said college with ef...
State of Maharashtra Vs. Jairam Chandrarao Gujar and ors.
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1986(3)BomCR205
A.D. Tated, J.1. These three appeals by the State are directed against the order of acquittal passed by the learned Judicial magistrate. First Class, Chiplun, respectively in Criminal Cases Nos. 623 of 1978, 622 of 1978 and 621 of 1978, all decided on 3rd July, 1981, whereby the learned Judicial magistrate convicted and sentenced accused Nos. 12 and 13 in each case of the offence under sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as 'the Act'), and acquitted the rest of the accused, who are Chairman, Vice-Chairman and Directors of the Dervan Vividh Karyakari Seva Sahakari Society Ltd., Dervan, Taluka Chiplun, District Ratnagiri (hereinafter for the sake of brevity referred to as 'the Society'.2. In all these cases the Food Inspector visited the premises of the Society on 16th February 1978 and obtained samples of cow milk, and the Public Analyst reported the milk thereof not in conformity to the standard of cow milk. The Chairman, Vice-Cha...
Lilabai (Smt.) Widow of Rasiklal Waghele and ors. Vs. Keshaorao Son of ...
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1986(3)BomCR134; 1986MhLJ207
M.S. Deshpande, J.1. Civil Revision Application No. 157 of 1986 by the tenant arises out of the decree passed by the Additional Judge, Small Causes Court, Nagpur in Civil Suit No. 317 of 1979 in which a decree for ejectment and arrears of rent came to be passed against him. Civil Revision Application No. 158 of 1986 is by another tenant against whom a decree for ejectment and arrears of rent came to be passed by the same Court in Civil Suit No. 320 of 1979. Appeals were taken by the applicants against the decrees passed against them to the District Court being Civil Appeals Nos. 377 of 1985 and 376 of 1985 respectively under the provisions of section 26-A of the Provincial Small Cause Courts Act. Both these appeals were dismissed by the District Court holding firstly that sub-section (1) of section 26 could not apply in view of sub-section (2) and secondly that no appeal lay to it as the decrees were not passed under section 26 introduce by an amendment, but under Items 4 and 8 of Seco...
State of Maharashtra Vs. Hiralal Maganlal Doshi and ors.
Court: Mumbai
Decided on: Mar-03-1986
Reported in: 1986(3)BomCR82
A.D. Tated, J.1. The State preferred this appeal against the order of acquittal passed by the learned Judicial Magistrate, First Class, Vaduj, in Criminal Case No. 509 of 1979 decided on 23rd March, 1981 acquitting the respondents-accused of the offences punishable under section 7(i) read with section 2(ia)(a), 2(ia)(b) and 2(ia)(m) and section 16(1)(a)(ii) read with section 17 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').2. The respondents-accused have their grocery shop at Khatav in Satara District. On 18th September, 1978 the Food Inspector visited the shop and among other things he obtained a sample of ground-nut oil. The Public Analyst found that the sample of ground-nut oil adulterated, due to finding of free fatty acid for more than 3% and as such the oil sold by the respondents was adulterated, and on that basis the respondents were prosecuted for the above mentioned offences. The learned Judicial Magistrate found that the complainant-...
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