Mumbai Court April 1989 Judgments
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M/S. Gandhi and Co. Vs. the State of Maharashtra and Another
Court: Mumbai
Decided on: Apr-21-1989
Reported in: AIR1990Bom218; 1989(2)BomCR380; (1989)91BOMLR489
ORDER1. Being aggrieved by the order of the Hon'ble Minister debarring the petitioners from the grant of book makers licence for a period of three years, the petitioners have preferred the present petition.2. The petitioners are a firm engaged in the business of book-makers since over 30 years. On the 4th December, 1986 as incident took place which resulted in the passing of the impugned order. On that day which happened to be a race day at the Royal Western India Turf Club, Bombay, the second respondent herein, one Shri Agarwal who was employed with the petitioners for about 20 years and was engaged as a runner was found coming out of the stall of the petitioners. He was arrested by the police and his statement came to be recorded at the Police Station. The said statement revealed that Shri Agarwal was not authorised to occupy the stall of the petitioners. It further revealed that Shri Agarwal was in possession of certain notings which indicated that certain illegal bettings were bein...
Ramchandra Marotrao Avachat and Others Vs. the Collector, Nagpur, Dist ...
Court: Mumbai
Decided on: Apr-21-1989
Reported in: AIR1990Bom348
ORDERPatel, J.1. The appellants are the owners of Survey No. 67 area 9.76 acres, Survey No. 68 area 10.37 acres, Survey No. 69 area 11.45 acres and Survey No. 70 area 8.16 acres situated at Mouza Chikhali, Tahsil and District Nagpur. These lands were acquired for Eastern Industrial Area Street Scheme by the Nagpur Improvement Trust. The notification regarding framing of the said scheme was published on 30-6-1962 under S. 39 of the Nagpur Improvement Trust Act, 1936 (hereinafter referred to as 'the N.I.T. Act' for the sake of brevity). This notification under S. 39 of the Nagpur Improvement Trust Act corresponds to the notification under sub-section (1) of S. 4 of the Land Acquisition Act, 1894. A final noiification under S. 45 of the Nagpur Improvement Trust Act was also issued, Which notification corresponds to S. 6 of the Land Acquisition Act, 1894.2. The Land Acquisition Officer adopted the land rate of Rs. 1800/- per acre for survey No. 70 and the land rate of Rs. 3000/- per acre f...
Shree Krishna Woollen Mills P. Ltd. Vs. Controller of Imp. and Exp.
Court: Mumbai
Decided on: Apr-21-1989
Reported in: 1989(43)ELT50(Bom)
1. The Petitioners were granted Advanced Licence for import of Synthetic Waste. Between the 25th of May 1981 and 22nd of September 1983 the Petitioners not only fulfilled the export obligation under the Advance Licence but exported excess goods which entitled them to an export entitlement certificate for Rs. 1,04,80,680/-. On account of this the Petitioners became entitled to a Replenishment Licence upto 30% of the value of the Export Entitlement Certificate, viz., a licence in the sum of Rs. 31,44,200/-. The Petitioners therefore applied to the Joint Chief Controller of Imports and Exports for a Replenishment Licence. The same was granted on the 2nd of September 1987. The Petitioners by their application dated the 25th of March 1988 applied to the Joint Chief Controller of Imports and Exports for splitting up of their Replenishment Licence. The same was served on the Joint Chief Controller on the 26th of April 1988. Under the Import Policy for 1983-84 and 1985-88 there was a provision...
Sheshrao Daulatrao Raut Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Apr-21-1989
Reported in: 1989(3)BomCR353; [1989(59)FLR491]; (1989)IILLJ340Bom; 1989MhLJ476
Guttal, J.1. The petitioner was appointed as Assistant District Dairy Development Officer on 25th July, 1979 upon being selected to that post directly through the Maharashtra Public Service Commission. By Order dated 7th May, 1987, the respondents Nos. 1, 2 and 3 who are the State of Maharashtra and its Officers acting under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, reverted the petitioner from his class II position of Assistant District Dairy Development Officer to class III position and by the Order dated 11th June, 1987 he was posted as Assistant Dairy Chemist. These two Orders of reversion are impugned in this petition under Article 226 of the Constitution of India. The respondents Nos. 1, 2 and 3 are respectively the State of Maharashtra, the Secretary, Government of Maharashtra, Agriculture and Co-operation Department and the Section Officer in the said Department. The respondents Nos. 4 and 5 are respectively the Inquiring Authority who inquired into th...
Nava Bharat Vs. Nagpur Union of Working Journalists and Others
Court: Mumbai
Decided on: Apr-21-1989
Reported in: 1989(3)BomCR81; (1991)ILLJ591Bom
H.D. Patel, J.1. It is rather a pity that three Working Journalists employed with the petitioner Nava Bharat, a Hindi daily of Nagpur, have yet to reap the benefit of an award made by the Industrial Tribunal, Nagpur, on 1st January, 1977. These unfortunate Working Journalist have not even received the statutory benefit that has become due and payable under the recommendations of the Working Journalists Wage Committee, which came into force from 29th May, 1959 and also the recommendations of the Wage Board for Working Journalists, which came into force from 1st July, 1967. The three Working Journalists have since ceased to be in employment for one reason or the other, and though one of them has put in long service, it is not possible even to compute the terminal benefits on the basis of last pay drawn. Though the demand initially embraced the claim for 17 working Journalists, the dispute is now restricted to three of them, others having settled their claim, may be out of frustration res...
Nava Bharat Vs. Nagpur Union of Working Journalists and ors.
Court: Mumbai
Decided on: Apr-21-1989
Reported in: (1991)ILLJ591Bom
H.D. Patel, J.1. It is rather a pity that three Working Journalists employed with the petitioner Nava Bharat, a Hindi daily of Nagpur, have yet to reap the benefit of an award made by the Industrial Tribunal, Nagpur, on 1st January, 1977. These unfortunate Working Journalists have not even received the statutory benefit that has become due and payable under the recommendations of the Working Journalists Wage Committee, which came into force from 29th May, 1959 and also the recommendations of the Wage Board for Working Journalists, which came into force from 1st July, 1967. The three Working Journalists have since ceased to be in employment for one reason or the other, and though one of them has put in long service, it is not possible even to compute the terminal benefits on the basis of last pay drawn. Though the demand initially embraced the claim for 17 Working Journalists, the dispute is now restricted to three of them, others having settled their claim, may be out of frustration re...
Tolaram S/O Madanlal Murarka Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Apr-21-1989
Reported in: 1989(24)LC753(Bombay)
H.D. Patel, J.1. The petitioners, who are the legal representatives of late Madanlal Harjimal Murarka, have filed this petition seeking to quash the order passed in revision by the Special Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi on 4.10.1979 upholding the order passed by the Collector, Central Excise, Nagpur on 15.4.1975 and the order passed in appeal by the Under Secretary, Government of India, Ministry of Finance, Department of Revenue on 26.7.1977 in respect of two hexagonal rounded gold rods weighing 233 grams.2. The case arose out of the seizure of 7840.800 grams of gold and gold ornaments from the premises of late Madanlal by the Gold Control Officer on 27th and 28th July, 1974. By a show cause notice late Shri Madanlal was charged for contravention of Sections 8(1), 16(1) and 27(1) of the Gold (Control) Act, 1968 (hereinafter referred to as 'the Act'). Upon adjudication by the Collector of Central Excise, Nagpur, he found the c...
Chandrakanth Shridhar Deshpande Vs. Govt. of Maharashtra and Another
Court: Mumbai
Decided on: Apr-20-1989
Reported in: 1990(1)BomCR17; (1991)IILLJ1Bom
Deshpande, J.1. By this petition under Articles 226 and 227 of the Constitution, the petitioner challenges the order of his removal as a result of a Departmental Enquiry.2. The petitioner joined as Jailor, Grade III on March 8, 1954 and in the course of time came to be promoted as Superintendent of Jails, Class I from March 1982. He worked in that capacity as in-charge of Byculla Prison. On 3rd June, 1985, an undertrial prisoner one Abdul Hameed was transferred from Central Prison, Bombay to Byculla Prison on the ground of security in Prison as the Superintendent in-charge of Central Prison, Bombay apprehended trouble as another undertrial prisoner one Karim Lala who belonged to a rival notorious gang was in that prison. The petitioner was on leave from 5th June 1985 to 4th July, 1985 and on resuming noticed that the conduct of Abdul Hameed was not in conformity with the Prisons Rules and he, therefore had discussions with the respondent No. 2 the Inspector General of Prisons and Commi...
Punjab National Bank Vs. Ganpat Laxman Kadam and Another
Court: Mumbai
Decided on: Apr-20-1989
Reported in: [1989(59)FLR161]; (1990)ILLJ263Bom
1. The first respondent-workman was at the relevant time, working with the petitioner-bank as Special Assistant in Bombay. In June, 1982 there were three vacancies for Accountants in the regions i.e. Bombay and Pune where the first respondent was working as Special Assistant. According to a settlement arrived at between the Punjab National Bank and the All India Punjab National Bank Employees Federation on 7th March, 1978, the 37 eligible candidates for the promotion to the post of Accountants were interviewed, including the first respondent and 11 were selected. The first respondent was at serial No. 2 in the selected list. He was offered the post of the Accountant on promotion by a letter dated 6th July, 1982 and was posted at Pune i.e., within the region in which he was working as per the terms of settlement mentioned hereinabove. However, by a letter dated 8th July, 1982 the Union representing the first respondent wrote to the petitioner-bank raising dispute that the first responde...
Hansraj Madhavji Thakkar Vs. Shri U.K. Sen, Joint Secretary to the Gov ...
Court: Mumbai
Decided on: Apr-20-1989
Reported in: 1989(22)LC519(Bombay)
ORDERG.F. Couto, J.1. Petitioner is a citizen of India and is carrying on import business in the name and style of Messrs. Stamford Agency, at Bombay. By this Writ Petition he challenges his detention by an order dated 10th October 1988, issued by the Joint Secretary to the Government of India, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, purportedly with a view to preventing him from acting in any manner prejudicial to the conservation of foreign exchange. The said detention order was served, along with the grounds of detention, on the Petitioner-detenu on the 13th of the same month.2. The facts which led to the issuance of the aforesaid order of detention are that, on information received by the concerned authorities that Messrs. Stamford Agency had imported some post parcels declared to contain Computer books, it was found on examination of some parcels by Customs that they contained only one book on Computer Science va...
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