Mumbai Court December 1992 Judgments
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Sardar Kulwant Singh P. Kohli Vs. Smt. Iqbal Kaur Widow of Bakshi Wary ...
Court: Mumbai
Decided on: Dec-16-1992
Reported in: 1993(2)BomCR266
S.M. Daud, J.1. This suit has its origin in a caveat lodged in response to a petition for letters of administration vis-a-vis the estate of Sardar Prehladsingh who died at Bombay on 29-1-1983.2. Dharamsingh, a Sikh gentleman was a native of Rawalpindi now a part of Pakistan. He was married to Bhagwanti and the couple had five sons and three daughters named Tejasingh, Dhyansingh, Vasavesingh, Mehersingh, Prehladsingh, Anupkaur, Mohankaur and Iqubalkaur. Tejasingh and Iqubalkaur figure as D.Ws. 1 and 4 in this suit. Dharamsingh was a well-to-do person running a commission agency in the name of M/s. Isharsingh Dharamsingh and owning more than one house in Rawalpindi. Kuri and Sukho are villages or townships in the District of Rawalpindi. Prehladsingh was brought up by his paternal grandmother Vaziridevi as he had lost his parents while quite young. The sons separated in the early twenties of this century. From village Kuri, hailed brothers Gurmukhsingh and Kahansingh. Harkaur was a daught...
A.R. Kukalekar Vs. Goa Housing Board and anr.
Court: Mumbai
Decided on: Dec-16-1992
Reported in: 1993(2)BomCR486
Ashok Agarwal, J.1. The petitioner is working as Cost-cum-Financial Controller with the respondent No. 1 which is a Housing Board Establishment under the Goa, Daman and Diu Housing Board Act, 1968 (hereinafter for the sake of brevity called 'the Act'). The said post of Financial Controller is not one of the posts contemplated under the Act but one created later. Annexure-II to the Goa, Daman and Diu Housing Board Cadre, Recruitment of Staff, Functions, Powers and Sphere of duties of Officers and other Employees (Fourth Amendment) Regulations, 1983 (hereinafter, for the sake of brevity called 'the Regulations of 1993), provides for the hierarchy of the officers of the first respondent-Board. The Board is headed by the Chairman. The next in rank is the Secretary who has been impleaded in this petition as respondent No. 2. Next after the Secretary are the heads of three branches, the Administration Branch, Engineering Branch and the Accounts Branch. The Administration Branch is headed by ...
Ahamad Usman Bhattiwala Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-15-1992
Reported in: 1993CriLJ3264; 1993(1)MhLj713
Saldanha, J.1. An interesting and somewhat significant angle concerning Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') has been canvassed in this appeal. It is submitted that the onus of proving that the small quantity of contraband found with the appellant-accused No. 1 can as well be discharged in law by establishing to the satisfaction of the Court from the record that it was intended for personal consumption. In other words, the argument proceeds on the footing that it is neither feasible nor is it always necessary to go through the exercise of formal proof for purposes of invoking the lesser sentence provided for under section 27 of the N.D.P.S. Act. The situation arises in the following circumstances. 2. The appellant, an old man and a resident of Ratnagiri, was alleged to have been sitting on a wall at about 9.15 p.m. on the night of 20-11-1990. The Police had received information relating to drug-traffickin...
Dessai Metal Works Vs. Esic and anr.
Court: Mumbai
Decided on: Dec-14-1992
Reported in: (1993)ILLJ1085Bom
1. This is an appeal under the Employees' State Insurance Act. 1948, against the order dated July 12, 1988, in Application No. EIC/5 of 1985 which was taken by the appellants under Section 75 of the Act. The challenges available for an appeal, as Section 82 itself indicates, are highly of a limited nature-only when the matter involves a substantial question of law. 2. Before I come to the various challenges, it is advantageous to set out the story of the matter. The appellants are a registered partnership firm of which Dr. Sulokshana Dessai (A.W. - 1) is said to be the managing director-partner. It is common ground that the firm has got some quarry for extraction of basaltic stones in a village called Pilliem in Sanguem Taluka. After the extraction operation, the boulders are carried to another village called Sal Curti in Ponda Taluka, where with the use of electric power the boulders are broken into smaller sizes to be sold as concrete metal for the use of construction. On November 27...
Kukadi Irrigation Project Vs. Waman S/O. Babanrao Bhujbal and anr.
Court: Mumbai
Decided on: Dec-14-1992
Reported in: [1994(68)FLR639]
V.V. Kamat, J.1. Even at the stage of the proposed summary dismissal of this Petition, some reasons are necessary to be recorded. 2. By an appointment letter dated December 29, 1984, the Respondent was appointed as a typist, on a vacant post (7) but for a period of 30 days from December 26, 1984. In the impugned order passed by the Presiding Officer, 2nd Labour Court, Ahmednagar, the contention of the Respondent-employee that he worked from December 26, 1984 till April 29, 1987 continuously has been accepted. In support of the reasons for the said conclusion, the fact the Respondent-employee was appointed on a vacant post has been focussed. It is observed that the period covers two years 4 months and some days. The Presiding Officer did not find any departmental record relating to dealing with the employee as regards sanction of leave and actions in the absence of sanction, with regard to enjoyment of the leave period. The Presiding Officer, took into consideration that it is not the c...
Sunder Ganpat Bekal Vs. Bhagirathi Sunder Bekal
Court: Mumbai
Decided on: Dec-14-1992
Reported in: II(1993)DMC322
S.W. Puranik, J.1. The Appellant is the husband of the Respondent. The Respondent had filed an application for grant of maintenance under Section 125 of the Code of Criminal Procedure in the month of May 1973. She had at that time claimed the maintenance for herself and her two daughters Rooprani and Vanita. In the said proceedings maintenance at the rate of Rs. 75/- p.m. was granted to the wife and maintenance at the rate of Rs. 40/- for each of the two daughters.2. In the month of April 1986, under an application for enhancement, the Trial Court was pleased to enhance the said amount of maintenance to a sum of Rs. 250/- p.m. for the wife and Rs. 75/-p.m. to each of the two daughters.3. On 20th November 1987, the Respondent-wife applied for further enhancement. On 2nd February 1988, the Appellant- husband also filed an application for cancellation of the maintenance awarded to the two daughters. However, his application came to be rejected on 15th March, 1988 on preliminary objection....
Lalbavta Hotel and Bakery Mazdoor Union and anr. Vs. Bharat Petroleum ...
Court: Mumbai
Decided on: Dec-11-1992
Reported in: 1993(2)BomCR111; (1993)IILLJ1179Bom
B.N. Srikrishna, J.By this petition under Article 226 of the Constitution of India, the petitioner seek the following reliefs. 1. Issuance of a writ of certiorari or any writ of the same or similar nature to quash and set aside the order of the Central Government dated March 17, 1992 taking a decision not to abolish contract labour in the canteen of the 1st respondent Corporation and a writ directing the 1st and 2nd respondents to abolish the system of contract labour in the canteen of the 1st respondent's refinery at Chembur; 2. A declaration that the contract labourers employed in the canteen of the 1st respondent's refinery are regular employees of the 1st respondent; 3. Issuance of a writ of mandamus directing respondent Nos. 1 and 2 to give to the workmen working in the canteen of the 1st respondent's refinery the same wages and service conditions as granted to the workmen working in the two departmentally run canteens of the 1st respondents. 2. The petitioner is a registered Trad...
Suba Transport Company and anr. Vs. Phiroze Sethane Pvt. Ltd.
Court: Mumbai
Decided on: Dec-11-1992
Reported in: II(1994)ACC206
M.L. Dudhat, J.1. The only limited issue to be decided in this appeal is as to whether the damages claimed by the respondent under the Motor Vehicles Act (hereinafter referred to as 'the M.V. Act' for the sake of brevity) can come within the ambit of the words 'damages of the property owned by the owner'.2. Few facts which are material for deciding this first appeal are as under:Appellant No. 1 in this case is the owner of the vehicle which met with an accident. Petitioner No. 2 is the Insurance Company. The respondent is a private limited company carrying on the business in P. V.C. material claiming the damages from the present appellants of Rs. 50,000/- on the ground of failure of electric supply to its industrial unit due to the accident.3. On 20th March, 1984 at about 4.45 a.m. Tempo bearing No. MMS 2708 owned by appellant No. 1 dashed against an electric pole due to which the electric pole broke down, which ultimately resulted in failure of electric supply. Since there was total f...
M/S. Eagle Potteries Private Ltd. Vs. M/S. Eagle Flask Industries Pvt.
Court: Mumbai
Decided on: Dec-10-1992
Reported in: AIR1993Bom185; 1993(3)BomCR536
1. By this Petition, the Petitioners seek rectification of the Trade Mark Registry by having Trade Mark 'Eagle and Device of Eagle' registered under No. 237136 in Class 21 expunged from the Records of the Register. In the alternative, it is also prayed that the above mentioned Mark be rectified by deleting from the specification of the goods 'Glassware, Porcelainware and Earthenware', so that the registration is restricted only to 'Thermally insulated containers for food, water and beverages included in class 21'. 2. The facts are as follows: In 1954 one Shivji and Co. which was a partnership firm of the present Directors of the 1st Respondents entered into an Agreement with one Eagle Bottle . of Japan. Pursuant to this Agreement EBMC was incorporated in India. The shareholdings of that Company was owned 1/3rd by Shivji and Co., 1/3rd by Sale Mohamed Padamsee (a partnership firm) and 1/3rd by Eagle Bottle Manufacturing Company. 3. It would appear that on 11th December 1954, an exhibiti...
Jagannathappa Bhujappa Ganjiwale and ors. Vs. the State of Maharashtra ...
Court: Mumbai
Decided on: Dec-10-1992
Reported in: 1994(3)BomCR109
V.A. Mohta, J.1. This judgement shall dispose of all these 11 writ petitions by which the following common question is raised :-'Whether section 28A of the Land Acquisition Act, 1894 (the `L.A. Act') applies to the awards made by the Collector under section 11 prior to the date when section 28A was brought into force.'2. The basic facts not in dispute are - The Collector had passed various awards in the cases of the petitioners and others under section 11 of the L.A. Act before 24-9-1984, when section 28A was inserted in the L.A. Act by the Act No. 68 of 1984. The petitioners had not applied for reference under section 18, but the other persons interested in the lands covered by the same notifications under section 4(1) had. The Civil Courts passed awards at enhanced rates on various dates after 24-9-1984. Within three months of making of those awards the petitioners applied to the Collector for redetermination of the compensation on the basis of the amount of compensation awarded by t...
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