Mumbai Court March 1989 Judgments
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Noshir Shapurji Dhabhar and ors. Vs. the Municipal Corporation of Grea ...
Court: Mumbai
Decided on: Mar-17-1989
Reported in: AIR1989Bom382; (1989)91BOMLR96; 1989MhLJ887
1. Lack of legal authority to introduce 'Pay and Park' on the public streets of Bombay is the burden of the song sung by the petitioners. The petitioners are the resdients in the vicinity of khodaded Circle, Dadar T.T. , bombay , for the past over 30 years . It is their case in short that they have been parking their vehicles in the Khodadad Circle for a number of years. The said, area , being essentially a residential area, had not much of parking spece during night time except the said Khodadad Circle. The respondents , the Municipal Corporation and the Muinicipal Commissioner, had in the past sought to introduce scheme of Pay and Park for cars. However the same was abandoned after representations against the said scheme were made and awrit petition challenging the same was filed. However , in the beginning of the year 1988, the respondents sought to re-introduce the said scheme. Under this scheme , the Khodadad Circle as also various other portion of the public streets were earmarke...
Amesh Woollen Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-16-1989
Reported in: (1989)(24)LC32Tri(Mum.)bai
1. This is an appeal directed against the order of the Addl. Collector of Customs, Bombay bearing No. S/26-313/87 III dated 19-4-88.2. The brief facts of the case as stated by the appellant's advocate for purpose of disposal of the appeal can be stated as below: The appellants imported three consignments - two of which are of old pre-mutilated fumigated woollen synthetic rags and one of pre-mutilated fumigated woollen rags. These goods which were consigned from USA, came to be transhipped at Keelung port and loaded in m.v. ARKO STAR for Bombay. On receiving the advance set of shipping documents, the appellants first filed the B/E which was registered by the Import Department of Bombay Custom House as 03393 dated 8-1-1987. This B/E is for clearance of 20,000 kgs. of completely pre-mutilated fumigated woollen rags covered by invoice No. 86724 dated 2-10-1986 from the suppliers. The aforesaid B/E, however, was not noted in the manifest and certain objections were raised pointing out the ...
S.D. Nagdeve Vs. Sudhakar Raghunath Burange
Court: Mumbai
Decided on: Mar-15-1989
Reported in: 1990CriLJ2452; 1989MhLJ1042
V.A. Mohta, J.1. The Food Inspector has filed this appeal against the judgment of the Chief Judicial Magistrate, Amravati, acquitting the respondent-accused Sudhakar Burnage, a retail grocery merchant of village Nimbhi, district Amravati, of the offences committed under S. 7(i) read with S. 2(ia)(a)(m) and punishable under S. 16 of the Prevention of Food Adulteration Act (the PFA Act.).2. On the morning of 21st December, 1983, the Food Inspector Sudesh Sukhdeve (P.W. 1) visited the retail grocery shop of the accused with panch Ramesh (P.W. 2) and found amongst the articles exposed for sale, oil stored in two open tins which had no label. He purchased for sample 430 grams of what the accused described as the linseed oil, taken out from one tin and equal quantity of what the accused described as groundnut oil from another tin. This matter pertains to linseed oil. Price was paid at market rate and cash memo taken. Appendix B form was prepared in duplicate, From VI prepared in triplicate, ...
A.G. Kher Vs. Atlas Copco (India) Ltd. and Others
Court: Mumbai
Decided on: Mar-15-1989
Reported in: (1992)ILLJ423Bom
1. This petition arises out of the complaint filed by the present petitioner in the Labour Court at Pune making grievance about unfair labour practice in the form of victimisation, by colourable exercise of the employer's right, involving complete absence of good faith. Grievance is also made that the order of termination of the services of the petitioner was passed in utter disregard of the principles of natural justice.2. As will be presently pointed out the petitioner is a victim of mobocracy. For no legitimate reason, the other workmen in the factory of respondent No. 1 went after the blood of the petitioner and instead of protecting her from them, respondent No. 1 - Employer, dismissed the petitioner from service, through the employer themselves have no subsisting grievance about the petitioner's work and efficiency at all. The petitioner knocked the door of the Labour Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with ...
Premsingh Sadorasingh Labana and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-15-1989
Reported in: 1989(1)BomCR592
S.M. Daud, J.1. This appeal takes exception to the conviction and sentence recorded against the appellants for their allegedly committing an offence punishable under section 302 read with 34 of the Indian Penal Code.2. The prosecution case is that complainant P.W. 1 Rukmini was married to deceased Savtusingh Labana. Appellants are the full brothers of Rukmini's mother. Rukimini and untraced witness Santoksingh are cousins, being children of sisters. P.W. 1 Darasingh and Savtusingh were the children of cousins. All of the lived in Gurutej Bahadur Colony at Ulhasnagar, District Thane. Savtusingh was once in the employ of the appellants and left their employment because of the non-payment of a part of his dues. This naturally left a trace of bitterness between the two sides. A week or so prior to 16-2-1986, to be precise on 8-2-1986, Santoksingh and Savtursingh had been beaten up by the appellants. No report of this crime was given at the Police Station. The injured had however taken trea...
Shri Lalchand Pannalal Kothari Vs. Deputy Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-14-1989
Reported in: (1989)(22)LC193Tri(Mum.)bai
1. These are two appeals preferred by the appellants Shri Lalchand Pannalal Kothari and Rameshkumar Pannalal Kothari against the common Order of Adjudication dated 3.7.1987 passed by the Deputy Collector of Customs (Prev.), Gold Control, Bombay. Since the facts and point of law involved arc common, I propose to dispose them off through a single order. The Advocate argued for both the cases together during personal hearing.2. Both the appellants are certified goldsmiths holding valid Certificate as Goldsmiths for carrying on the business as a certified Goldsmith under Section 39 of the Gold Control Act.3. The Gold Control Officers searched the working premises of the appellants and found 74.700 gms. of gold ornaments in excess of the recorded stock-in-trade as Certified Goldsmiths. The said alleged excess stock of gold ornaments was pertaining to two G.S. 13 Registers maintained by the appellants since both the appellants were keeping their stock collectively at one and the same place....
All India Port and Dock Workers' Federation and ors. Vs. Union of Indi ...
Court: Mumbai
Decided on: Mar-14-1989
Reported in: (1989)IILLJ600Bom
1. Whether the petitioners have no right to represent for the purpose of negotiating terms and conditions of service of the port and dock workers and whether the decision of the Union of India, the first respondent herein are justified in refusing to refer the disputes for adjudication to the Industrial Tribunal are the questions which have been posed for determination in these petitions.2. In the first petition, viz. Writ Petition No. 1194 of 1988, the first petitioner is the Federation of All India Port and Dock Workers having second and third petitioners, amongst others, as its member Unions. The second petitioner Union was established way back in the year 1920 and was a member of the third respondent, the All India Port & Dock Workers' Federation who used to represent in the matter of negotiating terms and conditions of service of the port and dock workers. In the year 1958, the fourth respondent Indian National Port & Dock Workers' Federation was given representation in the proces...
Suresh Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Mar-14-1989
Reported in: I(1990)DMC426
B.G. Deo, J.1. The applicant-accused Suresh son of Vyankatrao Agarkar, aged about 33 years, then serving as a Block Level Supervisor in Primary Health Centre at Nagbhid, District Chandrapur, was convicted of the offence under Section 417 of the Indian Penal Code and sentenced to suffer R.I. for three months and to pay a fine of Rs. 500/-, in default of payment of fine to suffer S.1. for one month, by the learned Judicial Magistrate, First Class, 7th Court, Nagpur by his judgment and order dated 22-6-1987, on the basis of a complaint filed by non-applicant No. 2 Smt. Meera w/o Suresh Agarkar, the present applicant, on the allegation that the applicant-accused has dishonestly induced the complainant Smt. Meera, aged 26 years, to undergo marriage ceremony with him, by professing himself to be a Bachelor, although he had his first wife alive, and thereby cheated the complainant PW 1 Smt. Meera, the present non-applicant No. 2. The learned Sessions Judge, Nagpur dismissed the appeal, bearin...
Suresh S/O. Baburao Bhandekar and Others Vs. Maharashtra State Electri ...
Court: Mumbai
Decided on: Mar-13-1989
Reported in: 1989(3)BomCR420; (1989)91BOMLR679; (1990)ILLJ1Bom
Dhabe, J.1. The petitioners Nos. 1 to 13 have challenged in this petition the promotion of the respondents 3 to 29 on officiating basis from the posts of Assistant Shift Engineer to the post of the Assistant Superintendent.Briefly the facts are that the petitioner are all degree holders in Electrical/Mechanical Engineering of the recognised Universities. They were all originally appointed as Chargeman Grade-I by an order dated 10th January 1977 in the service of the respondent No. 1 - Maharashtra State Electricity Board - (for short the Board) and posted at Thermal Power Station, Koradi. By an order dated October 20, 1978, they were promoted on ad hoc basis to the posts of the Assistant Shift Engineers in which posts they were given officiating promotions later on by an order dated October 23, 1980. The service history of the petitioners is given in Schedule I to the petition. It is not in dispute that as per Regulations 5 and 8 of the Maharashtra State Electricity Board (Classificatio...
R.J. Mehta, President Engineering Majdoor Sabha and anr. Vs. Govind Ra ...
Court: Mumbai
Decided on: Mar-13-1989
Reported in: 1989(2)BomCR175; 1989MhLJ809
T.D. Sugla, J.1. The petitioners-original defendants have challenged the impugned judgment dated 9th July, 1987 passed by the Judge, Small Causes Court, Bombay. The respondent-original plaintiff-had filed a suit in the Small Causes Court, Bombay being R.A. Declaratory Suit No. 3623 of 1982. He also took out Injunction Notice No. 3102 of 1983 inter alia for mandatory injunction restraining the defendants, their servants and/or agents from keeping the dogs in common passage outside the suit premises, i.e., Room No. 5 on the 2nd floor of Kennedy House, Gamdevi, Bombay 400 007 or any part of the passage leading to the suit premises or leading to the common lavatory on the 2nd floor etc. This was resisted by the petitioners herein on the ground that the Small Causes Court has no jurisdiction to decide such an issue. By his aforesaid impugned order the Judge, Small Causes Court held that the Court has jurisdiction to entertain and try the suit under section 28 of the Bombay Rent Act and dire...
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