Mumbai Court February 1990 Judgments
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Godawari Venkatesh Agrajit Vs. Nagpur Municipal Corporation
Court: Mumbai
Decided on: Feb-14-1990
Reported in: [1991(61)FLR527]; (1995)IIILLJ108Bom
A.A. Desai, J.1. The petitioners who are the dependents of the former employees of the respondent-Nagpur Municipal Corporation by the instant petitions have claimed a relief of a family pension.2. According to them, the Government vide Resolution dated 11.2.1966 approved the Bye-laws laying down the Rules, regarding the payment of pension to the dependents of the deceased employees of the Corporation. As per Clause (2) of the Bye-laws, the amendment made from time to time in the Pension Rules as contained in Bombay Civil Services Rules would be adopted as far as possible. The petitioners, therefore, contended that as per the Government Resolution dated 16.4.1984, the Government by amending the Pension Rules extended the benefit of the family pension to the employees retired or died prior to 1.1.1964. These pension rules were further amended by subsequent Government Resolution of 20-6-1986. According to the petitioners, the employees of the corporation died, before framing of the bye-la...
Motilal Bechan Gupta Vs. Sukharaj Bechan Gupta
Court: Mumbai
Decided on: Feb-14-1990
Reported in: 1990(2)BomCR177
T.D. Sugla, J.1 The appellant is the original plaintiff. He had filed Suit No. 7176 of 1976 in the Bombay City Civil Court at Bombay praying for a mandatory and other injunction to the defendant to hand, over a mandatory and other injunctions to the defendant to hand over possession of the suit shop No. 38 in the building situate at 341, Tardeo Road, Bombay-400 034. The averments made in the plaint inter alia were that the plaintiff and the defendant were brothers. They were carrying on business of Chana-Kurmura jointly at the abovesaid premises and had joint family properties at their native place in District Azamgarh, U.P. On 23rd October 1972 they had executed an agreement, in terms of which it was agreed to carry on the said business alternatively for one year each, the year commencing from 1st October 1972 to 30th September 1973 and so on. When the plaintiff's turn came to carry on the business in the year 1976, the defendant refused to allow the plaintiff to carry on the said bus...
Ajab Enterprises Vs. Jayant Vegoiles and Chemicals Pvt. Ltd.
Court: Mumbai
Decided on: Feb-13-1990
Reported in: AIR1991Bom35
1. The plaintiffs have filed this suit for recovery of Rs. 1,04,948.65 p. with interest at the rate of 20% per annum or such other rate as may be awarded on the sum of Rs. 61,135.65 p. from the date of filing of the suit till realisation from the defendantsCompany in respect of the goods sold and delivered to the defendants in the months of February and March 1983 as under:--Invoice No. 43 dt. 22-2-1983 ... Rs. 37,400.00Invoice No. 48 dt. 4-3-1983 ...Rs. 28,3.85.50Invoice No. 49 dt. 12-3-1983 ...Rs. 22,000.00Invoice No. 51 dt. 13-3-1986 ...Rs. 57,953.70Invoice No. 52 dt. 24-3-1983 ...Rs. 65,396.45The total amount due in respect of the said invoices is claimed to be Rs. 2,11,135.65 p. The plaintiffs claim that the amounts in respect of the said invoices were due on expiry of the period of one month of the date on which the goods were sold and the defendants were liable to pay to the plaintiffs interest at the rate of 20% per annum on the amount outstanding as mutually agreed. The plaint...
Bhanubhai M. Raval Vs. Union of India and Others
Court: Mumbai
Decided on: Feb-13-1990
Reported in: AIR1991Bom91; 1990(2)BomCR22; (1990)92BOMLR167
ORDERSharad Manohar, J.1. Questioninvolved in the Petition and the statement of skeleton facts giving rise to the question: A question of quite some importance is raised in this petition by the petitioner, who is a voter in the relevant constituency. Before getting elected, in effect, to the position of a Member of the Pradesh Council of the Union Territory of Diu & Daman. Respondent No. 4 was prosecuted and was ultimately charged with various offences, including the offence of murder. On the very date on which he became a Member of the Council, he was also appointed by the Administrator of Diu & Daman as the Councillor, which is an equivalent of a Minister in the other States. In spite of this position, the prosecution which was pending against him resulted in an order against him. He was convicted by the Sessions Court of various offences, including the offence of murder. No doubt he has filed an Appeal against that order of conviction and the Appeal is pending hearing. But the fact ...
Rajan Products Vs. Jayant Vegoiles and Chemicals Pvt. Ltd.
Court: Mumbai
Decided on: Feb-13-1990
Reported in: [1991]72CompCas181(Bom)
I.G. Shah, J.1. The plaintiffs have filed this suit for recovery of a sum of Rs. 3,06,669.50 being the amount due to them from the defendant-company in respect of the goods sold to them under four invoices dated February 24, 1983, March 3, March 6 and March 25, 1983, as stated in para 2 of the plaint. The total amount due in respect of the said invoices is claimed to be Rs. 2,28,642.50. The plaintiffs claim further in the plaint that the amounts in respect of the said invoices were due on expiry of the period of one month and that the defendants were liable to pay to the plaintiffs interest at the rate of 20% per annum on the amount as mutually agreed. The plaintiffs also claim that the defendants made part payments of Rs. 50,000 on March 14, 1983, and, therefore, the balance due towards the said invoices was Rs. 1,78,642.50. The plaintiffs further in para 14 of the plaint state that their suit is within limitation as the defendants have condoned and waived the said plea of limitation ...
industrial Workers Union Vs. M/S. Hindustan Transmission Products Lt. ...
Court: Mumbai
Decided on: Feb-13-1990
Reported in: [1990(60)FLR655]; (1991)ILLJ343Bom
1. The writ petition raises an interesting question of law under the Industrial Disputes Act, 1947 whether the employees working in the Head office of an industrial unit situated at Worli should be given parity in he scale of pay and other benefits given to the workmen and the subordinate staff employed in the factory situated at Chandivali of the same concern.2. The industrial Worker's Union, which is a Trade Union registered under the Trade Unions Act 1926, has filed this writ petition praying that the clerical and the subordinate staff of M/s. Hindustan Transmission Products limited working at the Company's Head Office at Shivsagar Estate, Worli, be given the same wage Scales, dearness allowance and other benefits as enjoyed by the clerical and subordinate staff employed at the Company's factory, at Chandivali. The Petitioners have, therefore, prayed that the Award of the industrial Tribunal dated 11th November 1985 bearing (IT) No. 66 of 1984 be set aside in so far as it rejects th...
Bank of India Vs. Industrial Polymer
Court: Mumbai
Decided on: Feb-13-1990
Reported in: (1991)93BOMLR218
Sujata Manohar, J.1. The plaintiff bank filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure against M/s. Industrial Polymer Synthetics & Chemicals, Dhirajlal Ratilal Sanghvi, Ratilal Laxmichand Sanghvi and Indumati Ratilal Sanghvi, defendants Nos. 1, 2 and 3 respectively for recovery of a sum of Rs. 70,029.57 together with interest as set out therein. The suit was filed on April 7, 1987.2. The suit was in respect of a claim which arose on December 14, 1981. The Plaintiff Bank relied upon various part payments and acknowledgements made from time to time. The last acknowledgement is dated December 18, 1984. The suit of the plaintiff is therefore within time.3. The plaintiff took out a Summons for Judgment against defendants Nos. 1 and 2 which was made absolute and a decree as prayed has been passed against defendants Nos. 1 and 2 on October 7, 1988. In the course of the proceedings in this Summons for Judgment the plaintiffs learnt that the 3rd defendant had die...
Leldekar Laminates Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-12-1990
Reported in: (1990)(30)LC331Tri(Mum.)bai
1. The present appeal is directed against the Order-in-Original No.S/10-65/84 dated 11.6.84 passed by the Additional Collector of Customs, Bombay, rejecting the clearance of the items imported by the appellants vide Bill of Entry No. 2558/318 as Base Paper for waxing, impregnating and coating material falling within entry No. 29 in Appendix 5 of the Import Policy 1983-84 AM.2. The appellants are the manufacturers of laminated sheets and held import licence No.P/A/2231411/C/XX dated 26.8.83, duly endorsed for import of items figuring in Appendix 5 of the Policy AM 1983-84. The appellants imported certain items and sought clearance vide Bill of Entry 2558/318 declaring the item as Base Paper for waxing, impregnating and coating, claiming the same as falling within entry No.29 of Appendix 5. The department objected to the clearance observing that the items were the decorative papers falling within entry No. 129 of Appendix 3 of the Policy. A test of the sample was carried out by the Dy. ...
Orient Woollen Textiles Mills Vs. Collector of Customs and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-12-1990
Reported in: (1990)(30)LC407Tri(Mum.)bai
1. Appeal No. C/519/89 is directed against the Order-in-Original No.39/Collr/1989 dated 26.7.89 passed by the Collector of Customs & Central Excise, Rajkot.2. Appeal No. C/520/89 Bom is directed against the Order-in-Original No. 43/Collr/1989 dated 26.7.89 passed by the Collector of Customs & Central Excise, Rajkot.3. Appeal No. C/521/89Bom is directed against the Order-in-Original bearing No. 42/Collr/1989 dated 26.7.89 passed by the Collector of Customs & Central Excise, Rajkot.4. Appeal No. C/522/89 Bom is directed against the Order-in-Original No. 42/Collr/1989 dated 26.7.89 passed by the Collector of Customs & Central Excise, Rajkot.5. Appeal No. C/523/89 Bom is directed against the Order-in-Original No. 40/Collr/1989 dated 26.7.89 passed by the Collector of Customs & Central Excise, Rajkot.6. Appeal No. C/524/89 Bom is directed against the Order-in-Original No. 45/Collr/89 dated 1.8.89 passed by the Collector of Customs & Central Excise, Rajkot.7. Since t...
Ramchandra Pandurang Patil Vs. Vasantrao Tatoba Harugade and ors.
Court: Mumbai
Decided on: Feb-12-1990
Reported in: 1990(3)BomCR575; (1990)92BOMLR243
Sharad Manohar, J.(Only part delivered at this stage)1. The main question involved in the petition :---The question involved in this petition relates to the purpose of a tendered vote as contemplated by the Maharashtra Municipalities Act, 1965 (hereinafter, the Act).2. Facts :---The facts are simple. Question relates to the election of Sangli Municipal Council and we are concerned with Ward No. 15 of the said Council's territory. The voting took place on 5th November, 1985. There were, in all, 2038 voters; the votes polled were 1,114. There were 8 votes which were admittedly invalid About one vote, there was some difficulty because one voter who went to exercise his franchise was informed that in his name some other person had already cast a vote. There is no dispute that voter satisfied the Returning Officer ---(a) that the himself was the voter concerned;(b) that the earlier person casting vote was not himself.3. For the sake a of convenience, parties will be referred to hereinafter ...
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