Mumbai Court February 1992 Judgments
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Babruvahan Venkatrao Jadhav Vs. Harischandra Rangrao Patil and ors.
Court: Mumbai
Decided on: Feb-12-1992
Reported in: 1994(1)BomCR535
A.D. Mane, J.1. There involves a short but important question as to whether, a dispute between the liquidator of the society and the members of the same society covers a dispute as contemplated under section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act).2. The respondents filed a suit against the petitioner-defendant No. 1 for declaration and possession. The circumstances in which the suit came to be filed relates back to the bundle of facts but the facts which are relevant for our purpose are these :There is a Co-operative Housing Society, known as Yeshwant Co-operative Housing Society Ltd., Latur. The society has been duly registered on July 21, 1966 under the Act. The prominent object of the society is to provide housing accommodation to it's members and to construct houses and allot them to it's members or help the individual members to construct individual houses. On account of some dispute between the members of the said society, liquidator came to b...
Maharashtra State Road Transport Corporation and ors. Vs. Ramchandra G ...
Court: Mumbai
Decided on: Feb-12-1992
Reported in: 1993ACJ165
V.A. Mohta, J.1. The petitioner, Ramchandra Chincholkar, an Industrial Supervisor, Grade I, in the office of the District Deputy Registrar, Co-operative Societies, Akola, was travelling in the S.T. bus No. MTR 1903 on 1st June, 1979. He was on his way to Nagpur from Akola. He sat near the right hand side window on the second bench from the rear. The bus started from Akola bus-stand at 4.15 p.m. and had cleared 36 km. by about 4.45 p.m. when a truck came in high speed from the opposite direction. The two vehicles running on tar road crossed, the truck brushed and dashed against the right side of the bus. By that impact, the horizontal bars of the windows of the bus were uprooted and the right hand of the petitioner was completely severed from the shoulder joint and fell on the road, The elbow joint of another passenger by name Rajkumar was also seriously injured, The truck driver did not stop and went ahead with the same speed while the bus stopped at a distance of about 25 to 30 feet f...
Maharashtra State Road Transport Corporation and ors. Vs. Ramchandra G ...
Court: Mumbai
Decided on: Feb-12-1992
Reported in: (1992)94BOMLR556
V.A. Mohta, J.1. The petitioner-Ramchandra Chincholkar, an Industrial Supervisor, Grade 1, in the office of the District Deputy Registrar, Co-operative Societies, Akola, was travelling in the S.T. Bus No. MTR 1903 on 1st June, 1979. He was on his way to Nagpur from Akola. He sat near the right hand side window on the second bench from the rear. The bus started from Akola bus stand at 4.15 P.M. and had cleared 36 K.Ms. by about 4.45 P.M., when a truck came in high speed from the opposite direction. The two vehicles running on tar road crossed, the truck brushed and dashed against the right side of the bus. By that impact, the horizontal bars of the windows of the bus were uprooted and the right hand of the petitioner was completely severed from the shoulder joint and fell on the road. The elbow joint of another passenger by name Rajkumar was also seriously injured. The truck driver did not stop and went ahead with the same speed while the bus stopped at a distance of about 25 to 30 feet...
Eurrestra Industries Ltd. Vs. Karnataka Soaps and Detergents Ltd.
Court: Mumbai
Decided on: Feb-11-1992
Reported in: AIR1992Bom352; 1992(1)BomCR543
ORDER1. By this petition, Eurrestra Industries Limited has sought a declaration that the learned Umpire Shri Y. V. Chandra-chud, the retired Chief Justice of India, has entered upon the reference and that Shri K. Balasubramanyam and Dr. S. H. Kanga have become functus officio and for other directions.2. This petition involves consideration of the following questions :--I. a) Whether the Arbitrators have allowed time to expire without making Award as a result of any neglect or inaction or any other fault attributable to them? b) Whether a case is made out for extension of time to make the Award by the Arbitrators? II. a) Whether the arbitrators have disagreed in making on the Award or in respect of a matter concerning the arbitration and notified their alleged disagreement to the parties or to the Umpire? If so, whether the Arbitrators are divested of their jurisdiction to proceed further with the arbitration proceedings and make an,Award? b) Whether the Umpire has jurisdiction toenter ...
Tata Metals and Strips Ltd. Vs. Union of India
Court: Mumbai
Decided on: Feb-11-1992
Reported in: 1992(3)BomCR487; 1992(62)ELT700(Bom)
K. Sukumaran, J. 1. The Petitioners, engaged in the manufacture of cold rolled High Carbon & Alloy Steel & Special Steel strips and other special steel products in India. They assail the Notification Exhibit 'A', issued by the Government on 15/01/1982, as violative of Article 14 of the Constitution of India. The prayer is not to strike it down, but to project the beneficial element of the Notification to the Petitioner as well. 2. The Petitioner Company had been in the field for quite some time. It was initially having its activities at Nawasari in 1969. It had extension of activities in 1974, in Special alloy steel division. 3. On the basis of representations made before the Government by various authorities including the Petitioner, and the Steel Authority of India, the Government issued a Notification of 15-1-1982. Its duration was for a year, and was to expire on 15-1-1983. Under the Notification, hot rolled stainless steel coils of a width exceeding 500 mm. when imported into Indi...
Ganpat Bhaduji Thakre, Etc. Vs. Corporation of City of Nagpur and Othe ...
Court: Mumbai
Decided on: Feb-11-1992
Reported in: 1992(3)BomCR115; (1993)ILLJ669Bom
1. Writ Petition No. 2112 of 1989 of 1989 by an employee of the respondent Corporation of the City of Nagpur is directed against the order passed by the Industrial Court dismissing his complaint in which a grievance was made that he should have been retired on completion of the age of 60 years, instead of 58 years. Writ Petitions Nos. 2214 of 1991, 2641 of 1989, 2642 of 1989 and 3022 of 1990 have been filed by the Corporation of City of Nagpur questioning the orders by which interim relief has been granted restraining the Corporation from retiring the respondents upon completion of the age of 58 years and directing it to continue the complainant till he attains the age of 60 years. The remaining eight petitions are directed by the Corporation against the declaration that the Corporation has indulged in an unfair labour practice by issuing notice directing superannuation of the complainants at the age of 58 years and restraining it from engaging in the said unfair labour practice. 2. It...
State of Maharashtra Vs. Sadiq and Company
Court: Mumbai
Decided on: Feb-11-1992
Reported in: 1992(3)BomCR335
A.A. Desai, J.1. This appeal by the State is directed against the judgement and decree dated 31-3-1981 passed by Civil Judge, Senior Division, Akola directing the State to pay Rs. 25,667/- to the respondent original plaintiff with interest at the rate of 6% per annum with effect from 1-5-1972.2. The respondent firm on 22-12-1969, in pursuance of the tender, entered in a contract with the appellant State for construction of staff quarters of Punjabrao Krishi Vidyapeeth. The firm during the extended period by 31-7-1971 completed the work. The firm claimed of having carried certain extra items of work, which have not been covered by the scheduled items, during the said period. Payment in that regard was not made on 30-4-1972 when final bill was paid. Hence, on 17-7-1974 the firm served notice under section 80 of Civil Procedure Code on the appellant. However, it was of no consequences. According to the firm, cause of action for recovery of price of extra items of work accrued on 30-4-1972...
Union of India Vs. Mohibali Roshanali Naser
Court: Mumbai
Decided on: Feb-10-1992
Reported in: 1992(59)ELT403(Bom)
Kapadia, J.1. This appeal has been filed by Union of India seeking to challenge the judgment and order of the learned Single Judge dated 23rd September 1988 in the petition filed by the original petitioner under Article 226 of the Constitution of India.2. The facts giving rise to this appeal are as follows :- (a) The original petitioner firm carries on business as a travel agent in the name and style 'Alshaya Nasser Travels' along with Aysha Shaya & Haya Shaya. (b) The petitioner firm had arranged 2 groups of passengers for Haj through different group leaders. The first group consisted of 200 passengers scheduled to leave Bombay on 20th July 1986, while the second group was consisting of 269 passengers scheduled to leave Bombay on 27th July 1986. (c) On 8th July 1986, the petitioners paid to the original 3rd respondent Bank an amount in Indian Rupees equivalent to foreign exchange of 200 passengers of the first group with requisite documents viz. passports, A2 forms, FTS forms duly cer...
Bank of Oman Limited Vs. Eagle Enterprises and ors.
Court: Mumbai
Decided on: Feb-10-1992
Reported in: 1992(1)BomCR518
S.M. Jhunjhunuwala, J.1. This Notice of Motion has been taken out by the defendants excepting the defendant No. 12 (hereinafter referred as 'The defendants') for setting aside the order dated 25th April, 1991 passed on plaintiffs' Notice of Motion No. 1479 of 1989. 2. In respect of packing credit facility and over draft facility granted by the plaintiffs. Bank to the 1st defendants firm, the plaintiffs have filed the present suit to recover a Sum of Rs. 32,19,001,40 together with interest as prayed for in the plaint filed. The plaintiffs took out a Notice of Motion, being the Notice of Motion No. 1479 of 1989 in the suit for appointment of Receiver and for injunction as prayed for therein. On an application made for ad-interim relief's, on 15th June, l989, Pratap. J.. (as he then was) granted ad-interim injunction in terms of prayer (b) of the said Notice of Motion. The said Notice of Motion was served upon defendants in the month of June, 1989. However, for the reasons best known to t...
National Insurance Company Vs. Suneeta W/O. Madanlal Pardeshi and ors.
Court: Mumbai
Decided on: Feb-10-1992
Reported in: 1994(3)BomCR285
A.D. Mane, J.1. The appeal is admitted. By consent the appeal is taken on Board for final hearing.2. In the instant case the claim for compensation for non-fault-liability is governed by section 92-A of the Motor Vehicles Act, 1939. It is well-settled that the compensation payable for no-fault-liability for an accident which took place prior to the date of coming into force of the Motor Vehicles Act, 1988, shall be governed by the provisions of section 92-A of the Motor Vehicles Act of 1939. In the present case, the Motor Accident Claims Tribunal, however, granted the compensation of Rs.25,000/- instead of Rs.15,000/-. The Award is, therefore, not sustainable.3. The impugned order is modified. Respondent No.1 is entitled to receive a sum of Rs.15,000/- only. The petitioner is not liable to deposit the additional sum of Rs.10,000/-. The appeal thus stands disposed of, with no order as to costs....
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