Mumbai Court January 1989 Judgments
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Vijay Kumar Agarwal and Others Vs. National Textile Corporation (South ...
Court: Mumbai
Decided on: Jan-18-1989
Reported in: [1989(58)FLR817]; (1989)IILLJ431Bom
Mookerjee, C.J.1. On and from the 18th day of October, 1983, the management of the textile undertaking by the name of Elphinstone Spinning and Weaving Co. Ltd., Elphinstone Road, Bombay, under sub-section (1) of Section 3 of the Textile Undertakings (Taking Over of Management) Act, 1983, had vested in the Central Government. Prior to the appointed day i.e. 18th October, 1983 the petitioners were working in the registered office of the Elphinstone Spinning and Weaving Mills Co. Ltd., the respondent No. 2, who was the owner of the said undertaking. The principal point in this writ petition is whether or not one and from the said appointed day of 18th October, 1983, the petitioners had continued to remain employees of the said undertaking which is now being managed and administered by respondent No. 1, National Textile Corporation (South Maharashtra) Limited.2. It is not disputed that after 18th of October, 1983 for the remaining days of the month of October and also for November, 1983, t...
Dept. of Non-banking Companies, Reserve Bank of India and State of Mah ...
Court: Mumbai
Decided on: Jan-18-1989
Reported in: [1991]70CompCas231(Bom)
A.D. Tated, J. 1. These two Appeals Nos. 631 of 1981 and 632 of 1981 have been preferred by the complainant, Shri B.N. Chikarmane, Deputy Chief Officer, Department of Non-Banking Companies, Reserve Bank of India, Bombay Regional Office, against the judgment and order dated August 18, 1980, in Criminal Cases Nos. 298/S of 1979 and 299/S of 1979 passed by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, and the third Appeal No. 989 of 1981 has been filed by the State of Maharashtra against the judgment and order in Criminal Case No. 298/S of 1979.2. In Criminal Case No. 298/S of 1979, the accused were charged for the offence punishable under Sections 58B(5)(a) and 58C of the Reserve Bank of India Act, 1934, for collecting Rs. 43,000 by way of deposits by the accused Nos. 1 to 12 between November 1, 1977, and January 28, 1978, in contravention of the prohibitory order dated November 1, 1977, issued by the Reserve Bank of India. In Criminal Case No. 299/...
Jaiwant Narayan Maind Vs. Dattatraya Jagannath Lale
Court: Mumbai
Decided on: Jan-18-1989
Reported in: 1990(1)BomCR252
Sharad Manohar, J1. This petition arises out of the proceedings held by the Tenancy Court under section 32-G (as also under section 32-P) of the Bombay Tenancy and Agricultural Lands Act, 1948.2. The land in question is Survey No. 148/8A admeasuring 1 Acre, 26.5 Gunthas (pot kharaba 1/2 guntha), situate in village Kilkvi, Taluka Bhor, District : Pune. There is no dispute that the present petitioner admittedly being a tenant in respect of the suit land has been cultivating the land as such from the year 1940 or there about. There is further no dispute that on 1-4-1957 he was a tenant cultivating the land and as such became the owner of the same. The proceedings under section 32-G were held by the Agricultural Lands Tribunal (hereinafter, the A.L.T.) and notices were issued to the parties. The order in that behalf was passed by the A.L.T. on 24-09-1960. Before passing the order, a statement made by the tenant appears to have been recorded. The original statement is before me. It shows th...
Dilip Ranga Geunkar Vs. Narayan Camu Volip and ors.
Court: Mumbai
Decided on: Jan-18-1989
Reported in: I(1989)ACC541; 1990ACJ854
G.F. Couto, J. 1. This appeal by the owner of the vehicle involved in the accident is directed against the judgment dated 31st July, 1987, whereby the learned Presiding Officer of the Motor Accidents Claims Tribunal, South Goa, allowed the application filed by the respondents herein and granted a compensation of Rs. 29,000/- to be paid exclusively by the appellant.2. On 5th March, 1982, at 7.30 a.m., an accident took place near Sulkorna. One small boy by name Vishwas, son of the respondents, was proceeding at that time to school from his house situated at Sulkorna. He was walking on the left side of the tarred road when the appellant came from the opposite direction driving the scooter No. CDC 4143. He dashed against the said Vishwas and caused him several injuries, and in particular, fracture of his right leg. An application for compensation under Section 110-A of the Motor Vehicles Act was filed by the respondent Nos. 1 and 2 to get compensation for their son, as according to them, t...
Agro Mechanical Services and Repairs Co-op. Society Ltd. Vs. State Ban ...
Court: Mumbai
Decided on: Jan-18-1989
Reported in: (1989)91BOMLR111
M.S. Ratnaparkhi, J.1. The order passed by the Joint Civil Judge, Senior Division, Akola on February 28, 1984 recording the finding on the preliminary issue that the suit is maintainable, in spite of the non-issuance of notice under Section 164 of the Maharashtra Co-operative Societies Act, has been challenged in this revision.2. The respondent No. 1 -- State Bank of India, instituted Special Civil Suit No. 20/71 before the Civil Judge, Senior Division, Akola for recovery of Rs. 1,00,000/- and odd against the petitioners and respondent Nos. 2 to 7. The petitioner No. 1 is a Society registered under the Maharashtra Co-operative Societies Act, carrying out its business at Akola. A defence has been raised by the contesting defendants that no suit can be instituted against the Society for any act touching the business of the Society without a notice contemplated under Section 164 of Maharashtra Co-operative Societies Act. The plaintiff did allege that he had issued a notice contemplated un...
Golchha Advertising Agency Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jan-17-1989
Reported in: 1990(2)BomCR262; (1989)91BOMLR760
V.A. Mohta, J.1. This application filed on 8th September, 1987 by M/s. Golchha Advertising Agency, Nagpur, for initiating proceedings of contempt against the respondents under the Contempt of Courts Act, 1971(the Act) for the alleged disobedience on 4th August, 1987 of the ad interim orders passed in Writ Petition No. 1443 of 1981 and Writ Petition 816 of 1982, was placed before us for admission on 13th January, 1989.2. On 10th January, 1987 this Court had issued notice before admission to ascertain facts and to show cause as to why proceedings of contempt should not be initiated. The respondents-the State of Maharashtra and the executive Engineer-filled submissions explaining the factual back ground and stoutly denying the allegations of disobedience of any order passed by this Court. They opposed initiation of proceedings of contempt on merits as well as on the ground of limitation. The objection on the ground of limitation is based on section 20 of the Act. Considering the plain lan...
Ravi Sudhakarrao Narsikar Vs. Maharashtra State Secondary and Higher S ...
Court: Mumbai
Decided on: Jan-17-1989
Reported in: 1989(2)BomCR561; (1989)91BOMLR174
S.M. Daud, J.1 This petition under Article 226 of the Constitution takes exception to the assessment of marks vis-a-vis the performance of petitioner in the English paper for the H.S.C. Board Examination conducted in May 1988.2. Petitioner's complaint is that he was awarded 24 out of 100 marks in the English paper. The passing marks were 35. If he had secured one more mark then with the aid of grace marks he could have passed at the examination itself. Unfortunately having received one mark less in English, he could not get the benefit of grace marks. Petitioner suspects that there was non-application of mind on the part of the Examiner vis-a-vis the appraisal of his English answer paper. He had taken up the matter with the Chairman and Secretary of the Board and after examining the answer paper both found some substance in the petitioner's grievance. Apparently, four questions answered by him had been awarded 'o' mark. His own belief was that the answers given by him in respect of all...
Nirmala and ors. Vs. Kuldeep Singh and ors.
Court: Mumbai
Decided on: Jan-16-1989
Reported in: II(1989)ACC141
V.A. Mohta, J.1. This judgment shall dispose of first Appeal Nos. 103/1979, 104/1979, 105/1979, 106/1979 and 107/1979 under the Motor Vehicles Act against the Award passed by the Motor Accidents claims Tribunal, Amravati dismissing the claims for compensation arising out of an accident as a result of beadon collision between Ambassador Car No. MHX 5765 and the Motor Truck No. UTW-4241 at 11 am. on 161-1977 on Amravati-Morshi Road.2. All the 6 occupants of the Car namely (1) Dinkar Bhaurao Hingmire (2) Laxman s/o Annaji Tamboli (3) Ku. Shanta d/o Annaji Tamboli (4) Smt. Sunandabai w/o Annaji Tamboli (5) Smt, Sulbha w/o Namdeo Tamboli and (6) Ramkrishna Sukdoji Khetal, the driver died. The males who were occupying the front side died instantaneously and the females afterwards, but all in an unconscious condition. The truck was owned by Kuldeepsingh Sardar singh Punjabi, (respondent No. 1) and driven in the regular course of employment either by Rajbahadur Singh Punjabi or Gurudayal Singh...
Collector of Customs (Prev) Vs. Gopalji Jethalal Soni
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1989
Reported in: (1989)(44)ELT63Tri(Mum.)bai
1. This appeal is directed against the Order of the Collector of Customs (Appeals) bearing No.S/49-275/87-GC, dated 7-11-1988, where he has set aside the order passed by the Deputy Collector of Customs bearing No. 100/87 (DC) (File No.XVII(GC)7-14/86), dated 26-6-1987 and has directed the department to grant gold dealer's licence to the respondent. The department being aggrieved by the said order they filed the present appeal.2. The respondent herein vide his application dated 14-1-1986 in G.S.6, had applied for grant of gold dealer's licence. The matter was investigated vide Rule 2 of the Gold Control (Licensing of Dealers) Rules, 1969. The investigations revealed that the applicant was a partner in M/s. Bombay Gold Industries, Bombay from March 1982 to October, 1985 and as such he had not completed the requisite period of five years as the partner in the said firm. It was also found that the application has not been made within 60 days and as such proviso (e) to Clause (f) to Rule 2...
N.L. Mehta Cinema Enterprises (P.) Ltd. Vs. Pravinchandra P. Mehta
Court: Mumbai
Decided on: Jan-13-1989
Reported in: 1989(3)BomCR101; (1989)91BOMLR92
ORDERS.K. Desai, A.C.J. 1. The appellants before us are N. L. Mehta Cinema Enterprises Pvt. Ltd., a company which was ordered to be would up by the company judge by an order passed on August 25, 1988, in Company Petition No. 204 of 1987. Aggrieved by that order, the company has preferred the present appeal. 2. In order to appreciate the controversy which lies within a narrow compass, a few facts may be stated. 3. The respondent claims to be a creditor of the company, the principal amount of the debt being Rs.6,00,000. According to the responded, in addition to the said principle amount, the company was liable to pay him interest of 1.70% per mensem and on account of such interest,an amount of Rs. 2,29,850 was claimed till the time the winding-up petition was filed. 4. If the petition is perused, the same proceeds upon the allegation that the company is unable to pay its debts and the said allegation is based upon the fiction contained in section 434 of the Companies Act. According to t...
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