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Mumbai Court July 1990 Judgments

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Jul 03 1990

K. Lakshminarayanan and Another Vs. Dena Bank and ors.

Court: Mumbai

Decided on: Jul-03-1990

Reported in: 1990(3)BomCR408; [1991(62)FLR110]; (1992)ILLJ464Bom

ORDER1. The 1st petitioner, K. Lakshminarayanan jointed the 1st respondent, Dena Bank, in the year 1961 as a clerk. The 2nd petitioner, Harshvardhan B. Vyas joined the same bank in year 1964 also as a clerk. Both of them were promoted in Scale I of the Junior Management Grade effective from July 1, 1979 along with Respondents 2 to 13. The first seniority list was published by the 1st Respondent Bank in February 1981. In the said list the position of both the Petitioners was correctly shown. Respondent Nos. 4 to 13 and Petitioner No. 2 were shown as juniors of Petitioner No. 1 and Respondents 10 to 13 were shown as juniors to Petitioner No. 2. The next seniority list was published in January 1985 which showed Respondents 2 to 13 very much higher than the Petitioners in Scale II of the Middle Management Grade although Respondents 2 to 13 were juniors to Petitioners 1 and 2 and by this seniority list they were treated as seniors. The Petitioners, therefore, wrote a letter dated June 24, 1...


Jul 03 1990

Praful Nyalchand Sanghrajka Vs. Prakash V. Pradhan (Dr.) of Bombay and ...

Court: Mumbai

Decided on: Jul-03-1990

Reported in: 1990(3)BomCR359; (1990)92BOMLR425

S.M. Daud, J.1 These appeals are directed against interim injunctions restraining the appellant/defendant from interfering except by due process of law with the peaceful possession and enjoyment of cabins bearing Nos. 1-A and 2-B, 1st floor, Harjivandas Estate, 809, Dr. Ambedkar Road, Dadar, Bombay-14.2. The 1st floor aforementioned consists of different cabins and a waiting room. Defendant has permitted certain doctors including the plaintiffs to make use of separate cabins-the waiting room to be used by the patients of all. The use of the facility is regulated by terms set out in letters addressed by the doctors to the defendant. Dr. Rao was using cabin 2-B since 11 September, 1972 and Dr. Pradhan was using Cabin 1-A since 10 July, 1972. On 2nd May, 1982, the two plaintiffs complaining of an attempt to dispossess them instituted separate suits against defendant. Ad interim relief injuncting defendant from interfering with the plaintiff's possession were issued and he was called upon ...


Jul 02 1990

Shipping Corporation of India Ltd. Vs. Hindustan Shipyard Ltd.

Court: Mumbai

Decided on: Jul-02-1990

Reported in: 1990(3)BomCR496

H. Suresh, J.1. This is an action of limitation of liability filed by the shipowners, Shipping Corporations of India Ltd., for the purpose of limiting their liability for the consequence of a collision between their vessel 'M.V. VISHVA APURVA' and the Greek vessel 'M.V. DIAS'. The action falls within the scope of Chapter XA of the Merchant Shipping Act, 1958 (hereinafter referred to as 'the said Act'). The cause title shows that the action has been initiated in this Court in its 'Admiralty Jurisdiction' and the suit has been numbered as 'Admiralty Suit No. 17 of 1988.' After filing the suit, the plaintiff's obtained an ex parte order dated 9th August, 1988, virtually constituting a Limitation Fund in the sum of Rs. 52,52,241.50P. for the purpose of section 352-C of the said Act. The 1st defendants-Hindustan Shipping Yard Ltd. have taken out the first Notice of Motion bearing No. 3350 of 1988, while certain applicants have taken out the second Notice of Motion bearing No. 3355 of 1988 f...


Jul 02 1990

Jagdish Baliram Totade Vs. M.N. Bhagat and ors.

Court: Mumbai

Decided on: Jul-02-1990

Reported in: 1990(3)BomCR504; 1991(62)ELT104(Bom)

H.H. Kantharia, J.1. The petitioner who holds a Bachelor's degree in Arts faculty was employed by the Maharashtra Public Service Commission (2nd respondent) as Assistant on April 23, 1966. He was promoted as Class II Gazetted Officer and thereafter as class I Gazette officer to the post of Under Secretary from August 1, 1983. His service were governed by the provisions contained in the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.2. It is the case of the petitioner that on September 16, 1985 the Dy. Secretary and Controller of Examinations of the 2nd Respondent lodged a complaint with the Director of Anti-Coruption Bureaur, Maharashtra State against him and two other members of the staff viz., Shri V.A. Jadhav Superintendent and Shri P.V. Kumavat, Clerk, alleging that they had committed offence of stealing and forging certain records of the 2nd respondent. Pursuant to the said complaint, the officers of the Anti Corruption Bureau visited the residential premises of th...


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