Mumbai Court September 1987 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bovabhai Budha Girase Vs. Jirya Dajya Bhil (Deceased) by Legal Heir Sm ...
Court: Mumbai
Decided on: Sep-15-1987
Reported in: (1987)89BOMLR481; 1987MhLJ892
S.M. Daud, J.1. A short, but interesting question which arises in this petition is whether the notice at Exh. C is ultra vires the powers of the Collector under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 - hereinafter referred to as 'the Act'.2. The question posed above arises for consideration in the following background :3. Agricultural land bearing Block No. 146 measuring 2 Hectare & 93 Ares at village Jawade Tarf Board, Taluka Shahada, District Dhule, belonged to deceased respondent No. 1, who is now represented by his widow. The deceased sold this land to the petitioner in 1969. Pursuant to the coming into force of the Act, the deceased Jirya made an application for restoration of the land to him under Section 3 of the Act. The application was moved on November 28, 1979. The application was allowed and that order was impugned in an appeal to the Maharashtra Revenue Tribunal (MRT) by the petitioner. The MRT allowed the appeal wholly, holding that the applica...
Devidas Raghu Naik Vs. the State
Court: Mumbai
Decided on: Sep-14-1987
Reported in: 1988(1)BomCR22
ORDER1. This application under S. 438 Cr.P.C. is filed by one Devidas Raghu Naik on the grounds that it appears that an incident of illegal felling of trees had taken place and therefore, criminal proceeding had been instituted. Some people who are on inimical terms with the applicant had falsely and maliciously implicated him in the said incident and therefore he apprehends that he may be arrested for a non-bailable offence regarding the said cutting of the trees. He further states that he has moved an application for anticipatory bail before the Sessions Court, Margao, but the same was dismissed by Order dated 10th September, 1987.2. In view of the above statement that a similar application for the same facts had been moved before the Sessions Court Margao and dismissed the question arose whether the present application under S. 438, Cr.P.C. was maintainable.3. Mr. Bruto D'Costa the learned counsel appearing for the applicant placing reliance on the decision of the Kerala High Court ...
S.B. Kulkarni Vs. Indian Red Cross Society and Others
Court: Mumbai
Decided on: Sep-14-1987
Reported in: (1988)ILLJ411Bom
P.B. Sawant, J.1. The short question that is involved in the present petition is whether the petitioner-employee is a workman within the meaning of the Industrial Disputes Act. The facts on record show that the petitioner was first employed on July 16, 1970 as an Analytical Chemist in the salary grade of Rs. 650/- to Rs. 1,000/. He resigned the said job on April 30, 1974. On Oct. 16, 1974 he re-joined as a Chief Analytical Chemist in the salary grade of Rs. 750/- to Rs. 1,500/- consolidated. His appointment was for a minimum period of three years. His services thereafter came to be terminated with effect from October 19, 1977 on account of the efflux of the tenure. He challenged the said termination before the Labour Court and the Labour Court by its impugned order rejected the reference holding that he was not a workman within the meaning of the Act. Hence the petition.2. The Labour Court has recorded its impugned finding on the ground that one J. K. Mehta was working as an Analytical...
New India Structural and Crane Works Vs. Abdul Rashid Abdul Majid and ...
Court: Mumbai
Decided on: Sep-14-1987
Reported in: 1988(1)BomCR320
V.V. Vaze, J.1. Do the provisions of section 5 of the Limitation Act, 1963 regarding extension of prescribed period for sufficient cause for making an application apply to the making of an application under Rule 26(2) of the Industrial Disputes (Bombay) Rules, 1957 to set aside an award made by a Labour Court?. This is the question thrown up by the present writ petition. 2. The Deputy Commissioner of Labour (Conciliation), Bombay made a reference under section 10(1)(C) of the Industrial Disputes Act, to the 6th Labour Court at Bombay in Reference (IDA) No. 351 of 1980 for adjudication of the industrial dispute between M/s. New India Structural Crane Works-a Partnership firm-and their workman Abdul Rashid Abdul Majid. The dispute pertained to reinstatement of the workman with full back wages as the services of the workman were terminated orally from 13th December, 1979 without any notice or retrenchment compensation. The employer-firm did not put in appearance before the 6th Labour Cour...
Bhaskar S/O Govind Deshpande (Since Deceased) by L.Rs. Smt. Wasundhara ...
Court: Mumbai
Decided on: Sep-14-1987
Reported in: 1988(3)BomCR57; 1988MhLJ409
V.A. Mohta, J.1. This Letters Patent Appeal filed by a tenant arises out of proceedings for permission to terminate his tenancy under Clause 13(3)(ii) & (vi) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 ('the HRC Order') initiated by the landlords. The Rent Controller as well as the Collector, as an appellate authority, rejected the application. Landlords filed a writ petition under Article 227 of the Constitution. The learned Single Judge partly allowed the petition by quashing the order of dismissal of the application and granting permission under Clause 13(3)(vi) of the H.R.C. Order. Aggrieved by the said order, the present Letters Patent appeal is filed by Bhaskar Deshpande, the original tenant (since deceased).2. Madhusudansingh Chouhan and his mother Smt. Kamladevi the landlords-purchased a small house situated at Wani, District Yavatmal, on 9-6-1978. Madhusudansingh's father -Laxmansingh who is a practising lawyer, was already occupying a room in the said h...
Khimji M Shah and Others Vs. Ratilal Damodardas Modi and Others
Court: Mumbai
Decided on: Sep-11-1987
Reported in: 1987(3)BomCR236; (1987)89BOMLR607; [1990]67CompCas185(Bom)
Mrs. Sujata V. Manohar, J. 1. This is a company application for amendment of the petition by adding respondents Nos. 6,7,8 and 9 in the company application as party respondents to the main petition and for adding paragraphs 30A to 30T as well as several additional prayers as set out in the schedule to the company application. The length of the amendments proposed could have been substantially reduced had the applicants applied themselves to it. But this is no ground for rejecting the application. Hence, I propose to consider the amendments on merits.2. Company Petition No. 573 of 1984 is a petition under sections 397 and 398 filed by the shareholders representing about 35 per cent. of the shareholding in the fifth respondent company, Reliable Extraction Industries Pvt. Ltd. Respondents Nos. 1 to 4 in the petition hold an aggregate of about 31 per cent. of the equity shares in the said company. Petitioners Nos. 1,2,3 and respondent No. 1 constituted, at the material time, the board of d...
Abdul Rashid Vs. Indian Sailors Home Society and Others
Court: Mumbai
Decided on: Sep-11-1987
Reported in: (1989)ILLJ6Bom
Vaze, J.1. Indian Sailors Home Society at Masjid Bunder Siding Road, Bombay, is a charitable organisation which caters to the needs of Indian merchant navy ratings below the rank of officers, who have to come to Bombay in search of work. The Society provides for lodging facilities at reasonable rates to about 1000 sailors and the inmates of the Society's hostel manage their cooking on a cooperative basis. The Society is run by a managing committee headed by the Chairman of the Bombay Port Trust and some 18 prominent members including directors of various shipping companies. The contribution from the ratings being nominal, the expenses of running the hostel is met through donations. As the Society is not at present receiving adequate donations, it has suffered a deficit of Rs. 88,140 as on July 1987 and right from 1982, it is running in deficit.2. Abdul Rashid was employed by the Society as a watchman and after he had put in about 15 years of service, he was sanctioned leave from 5 Sept...
American Express Bank Employees Union and ors. Vs. the Union of India ...
Court: Mumbai
Decided on: Sep-11-1987
Reported in: (1993)IIILLJ63Bom
H.H. Kantharia, J.1. Petitioner No. 2was in the employment of the third respondent as a Stenographer for about 10years. He was charge-sheeted vide letterdated 12th November, 1979 alleging against him that he received certain sum of moneytowards leave travel concession, for air-travel, for himself and for his parents butdid not effect the return journey to Bombayby air and thus misappropriated money on account of the difference in air-fare andother mode of travel which constituted grossmisconduct involving fraud and dishonesty.He was immediately suspended. He submitted an explanation by his letter dated 15th November, 1979 refuting the allegations levelled against him and stating thatthe action of the third respondent in initiatingdisciplinary steps against him was with malafide intentions. Thereafter, a domestic enquiry was held against him and on the findings dated 11th December, 1980 by theenquiry officer holding him guilty of thecharges levelled against him he was, videa letter date...
Warna Sahakari Dudh Utpadak Prakriya Sangh Limited Vs. B.K. Kirloskar ...
Court: Mumbai
Decided on: Sep-11-1987
Reported in: (1993)IIILLJ336Bom
V.V. Vaze, J.1. Warna Sahakari Dudh Utpadak Prakriya Sangh Limited, as the name suggests, is a co-operative society engaged in the procurement and distribution of milk. K.P. Hirve was appointed in the society as a coolie on Rs. 130/- per month on 10th August 1975. On 6th April 1978, four labourers came to the dairy in a truck for carrying the milk to Warna Vidyalaya. When they were loading the milk in the truck Hirve was found loitering outside the refrigerator room in suspicious circumstances and Patil, the watchman, found Hirve carrying a can containing about 15/20 litres of milk with the intention of stealing it. Hirve was caught red-handed and suspended from service with a view to holding of an enquiry against him. He was served with charge-sheet on 19th June 1978 and the Managing Director came to the finding that the charges against Hirve were proved. The Managing Director referred to an earlier incident of 10th January 1978 where Hirve was also charged and concluded that even tho...
Abdeali S/O Turab Ali Vs. Haji Abdul Jalil and ors.
Court: Mumbai
Decided on: Sep-11-1987
Reported in: 1988(1)BomCR212; 1987MhLJ911
V.A. Mohta, J.1. Abdeali Turabali owns a small double storeyed non-residential house situated on Bhandara Road, Itwari, Nagpur. Haji Chhotemiya (since deceased) was a tenant. The owner filed application for permission to terminate tenancy under Clause 13(3)(v) and (vi) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (''the HRC Order''). The Controller allowed the application on both the grounds. In appeal filed by legal heirs of Chhotemiya (who died after his evidence was recorded), the Collector maintained the order granting permission under Clause 13(3)(v) but set aside the order under Clause 13(vi). The legal representative of Chhotemiya filed a writ petition in the High Court questioning the validity of permission granted under Clause 13(3)(v) by the Controller as well as the Collector. The learned Single Judge quashed the permission. Aggrieved by the order of dismissal of his application under both the grounds, the present letters patent appeal has been filed by...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- Next ›
- Last »