Mumbai Court December 1987 Judgments
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Co-op. Banks and Societies Employees' Federation, Maharashtra and othe ...
Court: Mumbai
Decided on: Dec-17-1987
Reported in: 1988(1)BomCR386; (1988)IILLJ484Bom
Dharmadhikari, J.1. The petitioner no. 1 Co-operative Banks and Societies Employees' Federation, Maharashtra, is a Trade Union registered under the Indian Trade Unions Act, 1926 representing the workmen employed at the head office of the 2nd Respondent-Jackson Co-operative Credit Society Ltd. On a dispute being raised by the petitioners, a reference was made by the State Government under Section 19(1)(d) read with Section 12(5) of the Industrial Disputes Act, 1947 in respect of two demands. The demands included bonus at the rate of 20% for the years 1975-76, 1976-77 and 1977-78. The second demand was in respect of the provision of armed escorts, with which we are not concerned in this petition. The parties produced documentary evidence before the Tribunal. The Respondent-Society also raised certain preliminary objections. After appreciating all the evidence on record, the learned Member of the Industrial Tribunal, Bombay, rejected the claim for bonus, though granted demand no. 2 in rel...
State of Maharashtra Vs. P.P. Patel and Company
Court: Mumbai
Decided on: Dec-17-1987
Reported in: 1988(4)BomCR148
B.G. Deo, J.1. This common judgment shall dispose of the aforesaid first appeals filed by the appellant-defendant State of Maharashtra, through the Collector, Chandrapur, Tahsil and District Chandrapur, against a common Contractor M/s. P.P. Patel & Company, a registered partnership firm, in whose favour money decrees for various amounts were passed for recovery of the price of empty cement gunny bags which, according to the respondent-plaintiff, were its property and which, under the contract, were deposited with the appellant-defendant State through the bags collecting agent and which gunny bags or price thereof have not been returned to the plaintiff, despite notice, by the State.2. The appeals are against the following judgments and decrees passed in favour of the respondent-plaintiff :'Order passed in Spl. C.S. No. 2 of 1974 :I hereby order that the Defendant do pay Rs. 42,652. 20 paise with costs of suit to the plaintiff. The principal amount of Rs. 32, 580 to carry interest at 6 ...
ishwar Prakash Chopra Vs. Ashok Baherwani
Court: Mumbai
Decided on: Dec-16-1987
Reported in: 1988(2)BomCR675; 1988MhLJ645
ORDER1. Gone are the good old days when a man would honour his word or commitment even at the cost of his life. Nowadays the tenancy is to wriggle out of the commitment or the undertaking solemnly given even to the Court by challenging the same on the ground that it is illegal, without jurisdiction or void.2. In the instant case the facts are that the petitioner is a landlord who filed Distress Warrant Cases Nos. 14 of 1986 and 85 of 1986 before the Court of Small Causes, Nagpur for recovery of arrears of rent from the respondent/tenant. In the said cases the articles and/or the movable property belonging to the respondent/tenant was seized and attached during the execution of the warrant in the said cases. On 27-10-1986 the respondent/tenant filed an undertaking in the Court of Small Causes, Nagpur in the aforesaid Distress Warrant Cases which was accepted by the petitioner. It is clear from para 3 of the said undertaking that the arrears of rent due up to date were Rs. 34,200/- which...
Moideen Baba Abdul Shefi Vs. D.N. Capoor and ors.
Court: Mumbai
Decided on: Dec-16-1987
Reported in: 1988(3)BomCR323
A.A. Desai, J.1. The petitioner came to be detained by the impugned order dated 29th December, 1986, which purported to have been passed in exercise of power under sub-section (1) of section of section 3 of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act of 1974). It was communicated to the petitioner detenue in the grounds of detention that he has a right to make representation to the State Government and such representation be addressed to the Detaining Authority. Beside this, it was also informed that the detenue can make representations to the Advisory Board, as well to the Government of India.2. Shri Maqsood Khan, the learned Counsel appearing for the petitioner detenue, urged that the detenue is entitled to make representation against the order of detention to the Detaining Authority. The Detaining Authority, however, omitted to inform accordingly. As such, according to Mr. Khan, the detenue has lost the valu...
Jeevanchand Baliram Thakur Vs. State of Goa
Court: Mumbai
Decided on: Dec-15-1987
Reported in: 1988CriLJ1878
Couto, J.1. This appeal is directed against the judgment and order dated 4/5th August, 1987 whereby the learned Assistant Sessions Judge, Punaji convicted the appellant under Section 20(b) of the narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced him to undergo ten years of rigorous imprisonment and to pay a fine of Rs. 1 lakh and in default of payment of fine to undergo further rigorous imprisonment for one year.2. Broadly stated, the prosecution case is that on 27th February, 1987 at about 6.00 P.M. the appellant and one another person were found moving in suspicious circumstances and, therefore, they were taken to the Police Outpost of Anjuna for interrogation. Therefrom the appellant was taken to the Calengute Police Station, where on search of accused No. 2, a telegram and an inland were found in possession of accused No. 2, a reference being made in the telegram to the appellant. Also cash of Rs. 500/- was found hidden in the socks of accused No. 2. On further inte...
Mohamed Shahanawaz Vs. D.N. Capoor
Court: Mumbai
Decided on: Dec-14-1987
Reported in: 1989(40)ELT298(Bom)
Kotwal, J.1. On the basis of credible information, one person was nabbed by the Customs Air Intelligence Unit, Bombay on 29-10-1986 at about 7.00 p.m. at Sahar Airport. On his person five gold bullions of 10 tolas each were found which were sought to be carried clandestinely. These came to be attached under Panchanama. Formalities of investigation commenced. His statement under section 108 of the Customs Act was recorded. It is some time thereafter that it was felt that a preventive action was necessary and, therefore, a proposal was made to detain him. After observing formalities, an impugned order of detention was passed on 22nd April, 1987. It was however, served on the detenu on 7th August, 1987, which order is being impugned in this petition on behalf of the detenu under Article 226 of the Constitution of India.2. In support of the petition, Shri Gupta, the learned Counsel pressed into service pre-dominantly four contentions and in our opinion, all the said four contentions deserv...
Sunil Chainani and ors. Vs. Inspector of Police, C.B. Control and anr.
Court: Mumbai
Decided on: Dec-14-1987
Reported in: 1988(2)BomCR118
V.P. Tipnis, J.1. On 26th of October, 1987 on the receipt of certain information the officers of C. B. Control (Drugs) C.I.D., Bombay along with the panchas went to Block No. 2, Ground Floor, Gurukripa Building, Road No. 14, Bandra (West), Bombay at about 5.00 p.m. The door was knocked. The door was locked from inside which was opened after some time. The police along with the panchas entered the room and found that one person was standing at the entrance of the block. The police heard the noise of flowing water from inside the block. Therefore, they went to the bathroom along with the panchas. One Sunil Chainani, accused No. 1, was found holding a plastic bag containing white powder and one Sanjay Raheja, accused No. 2, was standing near the toilet pot and starting the water taps. The plastic bag containing the white powder was taken charge from the hands of accused No. 1. Some white powder was also noticed inside the toilet pot in the flowing water. The powder was suspected to be her...
industrial Chemicals Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-11-1987
Reported in: (1989)(24)LC479Tri(Mum.)bai
1. This appeal arises out and is directed against the order No.S/10-2/83 B dated 6-1-1983 passed by the Addl. Collector of Customs, Bombay.2. The undisputed facts are:- The appellants M/s. Industrial Chemicals Corporation imported ink additive of the of value of Rs. 8723 and ink concentrate of the of value of Rs. 2,14,233/- and sought clearance under OGL under Appendix 10(1) of the Policy AM 1983 (herein after 'the Policy"). The Customs, however, objected to the clearance on the ground that the ink additive imported by the appellants is a silicone grease which is a canalised item figuring at Sl. No. 6 of Appendix 9 of the Policy; and the ink concentrate is the composition of ink and therefore hit by entry No. 341 of Appendix 5 of the Policy.3. Since the appellants had waived the written show cause notice, the Addl. Collector after affording personal hearing ordered confication of both the items but allowed redemption on payment of fine of Rs. 50,000/- in lieu of confiscation. Hence, t...
S.N. Deshmukh and ors. Vs. the Medical Council of India and ors.
Court: Mumbai
Decided on: Dec-11-1987
Reported in: AIR1988Bom284; 1988(2)BomCR29
ORDER1. This petition under Article 226 of the Constitution impugns the competence of respondents 2 to 5 to occupy offices in the first respondent Council and exercise powers and privileges vested in the office-bearers of the said Council.2. Respondent 1 is the Medical Council of India (Council) and its composition, functions and powers have been codified into the Indian Medical Council Act, 1956 (Act 102 of 1956). Respondents 2 to 5 were elected to the Council by the Senate/Syndicate of the Universities of Patna, Bihar, Mithila and Magadh. The Patna University is governed by an enactment known as the Patna University Act of 1976 (Bihar Act 24 of 1976). The other three Universities viz. Bihar, Mithila and Magadh Universities are governed by the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976). Respondents 2 to 5 came to the Council vide Section 3(1)(b) of the Indian Medical Council Act, which section reads as follows: --'3(1)(b). The Central Government shall cause to be consti...
Anusaya Evan Kambale Vs. the Superintendent of Police and ors.
Court: Mumbai
Decided on: Dec-10-1987
Reported in: (1994)IIILLJ692Bom
Dharmadhikari, J.1. This writ petition is filed by the Petitioner against the order of removal passed by the Superintendent of Police, Satara dated 19th of January, 1985. It is an admitted position that the Petitioner was appointed as a temporary woman constable in Satara, vide order dated 1st of February 1982. The petitioner was given training for 9 months. She continued in service and the first increment was granted to her in the year 1983 and second in February 1984. According to her she came to be appointed on a compassionate ground as her husband who was serving as Armed Police at Satara suffered serious injury in the year 1976 while undergoing Zudo training. He was declared unfit for work by the Civil Surgeon and therefore came to be compulsory retired from July 1976. He came to be declared fit in the year 1980 but could not join his daties as he died in the meanwhile. It is the case of the petitioner that abruptly without any rhyme or reason her services came to be terminated by...
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