Mumbai Court January 1991 Judgments
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Dattatraya Krishnaji Joshi Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-11-1991
Reported in: 1991(2)BomCR49; (1991)93BOMLR545; 1991CriLJ2097
1. The appellant - an Executive Engineer in the Irrigation Department - takes exception to his conviction under section 161 of the I.P.C. as also under section 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act, 1947. On the first count he was sentenced to rigorous imprisonment for one year and on the second count to rigorous imprisonment for one year as also a fine of Rs. 500/- and in default of payment of fine further rigorous imprisonment for three months. The substantive sentences of imprisonment were directed to run concurrently. 2. The appellant was the Executive Engineer in charge of Division No. 7 of the Kukadi Irrigation Project. His headquarters were at Shrigonda, District Ahmednagar. Four buildings, each consisting of four residential blocks were to be constructed for the employees at the said project. Tenders were, therefore, called. One Ashok Naik, a young contractor also submitted his tender for the said works. His tender for construction, at a cost of Rs. 2,93...
Readymoney Premises Co-op. Society Ltd. and anr. Vs. Bombay Municipal ...
Court: Mumbai
Decided on: Jan-11-1991
Reported in: 1991(2)BomCR647
S.M. Daud, J.1. This petition under Article 226 of the Constitution seeks to compel the Bombay Municipal Corporation to perform its statutory obligation, cast upon that Corporation, by certain provisions of the Bombay Municipal Corporation Act being Bombay Act No. III of 1888.2. The first petitioner is a Premises Co-operative Society owning a structure known as 'Ready- money Terrace' situated at 167, Dr. A.B. Road, Worli Naka, Bombay 400 018. Petitioner No. 2 and respondent No. 5 are the allottee members of the Society. The premises owned by petitioner No. 2 are in the occupation of a branch of the Bank of Maharashtra. Respondent No. 5's premises were requisitioned in the year 1944/1945. While under requisition, the premises were being looked after by respondent No. 6. The premises of respondent No. 5 were allotted to the seventh respondent who was serving as a- Medical Practitioner under the Central Government Health Scheme (CGHS). The Bank of Maharashtra on 13-12-1983 addressed Ex. B...
Radhakrishna Ananta Prabhu and ors. Vs. Siri Construction and ors.
Court: Mumbai
Decided on: Jan-11-1991
Reported in: 1991(3)BomCR351
D.R. Dhanuka, J.1. The plaintiffs are the promoters of the proposed Syndicate Bank Staff Co-operative Housing Society and are employees of the said Bank. The plaintiffs have filed this suit for declaration that the suit agreement being agreement dated 17th September 1983, as varied to the extent set out in para 10 of the plaint, is valid subsisting and binding on all the defendants. The plaintiffs have sought specific performance of the said agreement and claimed several consequential reliefs. The defendants Nos. 6 to 9 are the owners of the plot of land situated at village Dahisar bearing Survey No. 139, Hissa No. 2, admeasuring 3751 sq. yards equivalent to 3428.41 sq. meters, more particularly described in Ex. A-1 to the plaint. The defendant Nos. 6 to 9 had entered into an agreement with the partnership firm known as M/s. Siri Construction on 20th April, 1983. Under the said agreement, M/s. Siri Construction were entitled to construct a building and develop the property, as set out ...
Sushila Vs. Namdeo and anr.
Court: Mumbai
Decided on: Jan-11-1991
Reported in: II(1991)DMC31
R.G. Sindhkar, J.1. This is an application filed by the applicant challenging the order passed by the Additional Sessions Judge, Nagpur on 19.8.1989 in Criminal Revision Application No. 1098/85. That criminal revision application was directed against the order passed by the Judicial Magistrate, First Class Nagpur on 6.5.1985 in Criminal Case No. 95/83.2. By the order passed by the learned Magistrate, an amount of Rs. 300/- per month was awarded to the present applicant who was the wife of the non-applicant. It is this order awarding maintenance that was set aside by the learned Additional Sessions Judge and aggrieved by this decision the present application has been filed.3. The marriage between the applicant and non-applicant no. 1 took place sometime in the year 1974, 4 years later, an application bearing Misc Criminal Case No. 30/78 came to be filed by the applicant against the non-applicant no. 1 in the Court of Judicial Magistrate, First Class, Arvi, District Wardha. Maintenance a...
Union of India Vs. Sampat Raj Dugar
Court: Mumbai
Decided on: Jan-10-1991
Reported in: 1991LC174(Bombay); 1991(56)ELT739(Bom)
Jhunjhunuwala, J.1. This is an appeal against the order in Writ Petition No. 85 of 1987 by which the order of the Collector being order dated 15th September 1986 confiscating the goods mentioned therein was quashed, the appellants were directed to hand over four consignments to the 1st respondent for reshipment to him at Hongkong and to issue detention certificate to the 1st respondent for the period the goods were rendering the 1st respondent liable to pay demurrage to the Bombay Port Trust. 2. The 1st respondent, an Indian national, resident abroad (INRA) was doing business at Hongkong in the name and style of 'UNISILK' and the 2nd respondent was doing business at Delhi in the name of 'ACQUARIUS' and was holding an Advanced import Licence bearing No. P/L/3084211/C/XX/95/D/85 for import of Mulberry Raw Silk. Prior to importation of the goods covered by the four consignments in question, the 2nd respondent had imported three consignments against the said Advance Licence and had misused...
Rajabhau Sadashio Rasal and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-10-1991
Reported in: 1991(1)BomCR536
D.J. Moharir, J.1. The appellants here are the original accused Nos. 1 to 5 who were, alongwith seven others tried for commission under sections 147, 148, 307 read with section 149 of I.P.C. as also under section 37(i), (iii) read with section 135 of the Bombay Police Act. While accused Nos. 6 to 12 were all acquitted of the above stated charges as also the charge under 201 of the I.P.C. For the offence under section 307 read with section 149 of I.P.C., each of these appellants/accused Nos. 1 to 5 was sentenced to suffer R.I. For four years and a fine of Rs. 250/- i/d of each to undergo further R.I. for 6 months. For the offence under section 148 of the I.P.C., each of them was sentenced to R.I. for 6 months and no separate sentence was awarded for the offence under section 147 of the I.P.C. The substantive sentence were directed to run concurrently.2. The five appellants and seven others who were acquitted all came to be prosecuted of the following as case put forth by the prosecution...
Anant Narayan Shikhare Vs. University of Bombay and ors.
Court: Mumbai
Decided on: Jan-10-1991
Reported in: 1991(2)BomCR151
S.M. Daud, J.1. This petition under Article 226f of the Constitution of India solicits a relief pursuant to petitioner not being allowed to continue in service until he attained the age of 60 years. By reason of subsequent happenings that is a relief i.e., continuance which cannot be granted unto him.2. The short question now surviving is whether the petitioner should be allowed to exercise a fresh option vis-a-vis the alternatives open to the retiring employees. The options are (i) contributory provident fund rule and/or gratuity scheme applicable; and (ii) pension-cum-gratuity scheme as contained in Maharashtra Civil Services (Pension) Rules, 1982, under Government Resolution No. NGC/1283/865 UNI-IV dated 21st July, 1983. Petitioner had initially opted for the first alternative and this on the assumption that he would be retiring at the age of 60 years. Being part of the non-teaching staff of an affiliated college i.e. respondent No. 2, the petitioner expected that he would be allowe...
Omprakash Tulsiram Aggarwal and ors. Vs. Board of Trustees of the Port ...
Court: Mumbai
Decided on: Jan-10-1991
Reported in: 1991(2)BomCR594
S.M. Daud, J.1. This petition under Article 226 of the Constitution of India seeks the enforcement of a renewal clause incorporated in an indenture of lease dated 18th March, 1980.2. Petitioners are the trustees of a private Trust known as Tulsiram Devidayal Property Trust. The land described with sufficient precision in schedule `A' being an annexure to the petition was the subject matter of the lease deed dated 18th March, 1980 which indenture is to be found at Exh. C. The renewal clause appearing therein is worded as follows:-'Provided always and it is hereby declared that the said Lessor his successors or assigns shall at or before the expiration of the term granted by these present at the request and at the costs of the said Lessees their successors or assigns grant a new or renewed lease of the said lands presses Mill buildings hereditaments and premises hereby demised or any portion of the same to the Lessees their successors and assigns subject to the same conditions contained ...
Prabhakar Vs. Sou. Mangala
Court: Mumbai
Decided on: Jan-10-1991
Reported in: I(1991)DMC620
H.W. Dhabe, J.1. This is an appeal in which the question of the right of a wife in matrimonial matter is involved. It is not in dispute that the appellant-husband is in service in the Municipal Council, Hinganghat, where he also resides. It is also not in dispute that his wife is also in service working as a primary school teacher under the Zilla Parishad Wardha. It is the case of he wife that she has been in service since 1962 and her service is transferable within the jurisdiction of the Zilla Parishad, Wardha. On 8-5-1975 the marriage between the parties was: solemnized. At that time the wife admittedly was not living in Hinganghat but was serving in village Hingani. It is also ah undisputed fact that after her marriage she continued to serve at a place different from Hinganghat and during vacations or holidays she used to go to her husband's place in Hinganghat and so also vice versa her husband used to visit her at her place of service. During this period the wife conceived from t...
Prabhakar Dattatraya Haval Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Jan-09-1991
Reported in: 1991(1)BomCR522; 1991CriLJ2106
1. This is an appeal under Clause 11 of Criminal Law Amendment Ordinance No. XXXVIII of 1944 preferred by Prabhakar Dattatraya Haval whose properties came to be attached under the provisions of the said Ordinance, upon an offence under the Prevention of Corruption Act being registered against him and upon an application then being made for attachment of his properties in pursuance of the provisions of Clause 3 of the said Ordinance. 2. The appellant herein was employed as Superintendent of the Land Records at Bombay at the relevant time i.e. in 1984. Upon a raid on his house and a search taken certain properties, including fixed deposit receipts, gold and silver ornaments were found and a case for possession of properties disproportionate to his known sources of income came to be registered. Actually, there were two offences registered against the appellant, the first numbered as 12/84 dated 5-3-1984 and this was under Section 5(1)(a) and 5(1)(b) read with S. 5(2) of the Prevention of ...
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