Mumbai Court March 1992 Judgments
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Tukaram Rangrao Waze Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-27-1992
Reported in: 1992(3)BomCR298
D.J. Moharir, J.1. This petition under Article 227 of the Constitution of India also read with section 482 of the Criminal Procedure Code takes exception to the order dated 10th October, 1986 passed by the Assistant Sessions Judge, Kolhapur in Sessions Case No. 61 of 1985. By that order the learned Judge rejected the application of the present petitioner as the accused No. 1 in the Sessions case, praying that pardon be tendered to him, upon his undertaking to make full and complete disclosure of the entire facts of the case and which would be helpful since he was supposed to be a person directly concerned in the offence under trial, for the purpose of obtaining the evidence in that behalf.2. An application in this behalf was made by the petitioner accused No. 1 on 31st January 1985, after charge against him and the four remaining accused persons came to be framed on 13th December, 1984. It may be mentioned here that out of the remaining four accused persons only the accused Nos. 2, 4 a...
Tirpude College of Social Work and anr. Vs. Nagpur University and ors.
Court: Mumbai
Decided on: Mar-27-1992
Reported in: 1992(3)BomCR469; (1992)94BOMLR615
K. Sukumaran, J.1. Tirpude College of Social Work and its Principal challenge the order of the College Tribunal passed on 15-3-1986 in an appeal preferred under section 42(B)(1) of the Nagpur University Act, 1974 by the second respondent, in Writ Petition No. 745/86. The College Tribunal held that the order of termination of services passed by the Management on 18-10-1985 was illegal, improper, unjustified and invalid. Consequently, a direction was made to treat her as a Lecturer with a right to back wages with effect from 18-10-1985.2. The second respondent has a glittering educational career. That she was the first woman who had a doctorate in social work from the Nagpur University and carried a gold medal in 1983 for the best original research from the Indian Society of Criminology, would make it unnecessary to narrate her antecedent achievements in the academic field. She had her graduation in 1969, B.Ed. degree in 1971, post graduate qualification in Social Work in 1980 and post g...
Satyanarayan Jiwanlal Bapeche and ors. Vs. the State of Maharashtra, T ...
Court: Mumbai
Decided on: Mar-27-1992
Reported in: 1994(2)BomCR590
G.D. Patil, J. 1. The challenge in this writ petition is to the acquisition of the petitioners' land for the public purpose i.e. for construction of a Bus Stand, depot, staff quarters and allied establishments at Ahmadpur (Nandura) for Maharashtra State Road Transport Corporation and, therefore, a prayer for quashing the Notification issued under section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Act) and under section 6 of the Land Acquisition Act, 1894, as also the notices issued to the petitioners under section 9 of the Land Acquisition Act in Land Acquisition Case No. Ahamadpur/9/87-88. The petitioner No. 2 has however, filed a pursis Stamp No. 27067/91 seeking withdrawal of the petition at his instance. It is allowed. His name shall stand deleted from the array of the petitioners.2. The recitals in the petition and those in the submissions filed on behalf of the respondents and the Intervenor and the documents annexed thereto, re...
The Maharashtra State Co-operative Cotton Growers' Marketing Federatio ...
Court: Mumbai
Decided on: Mar-27-1992
Reported in: 1994(2)BomCR585A; [1992(65)FLR66]
K. Sukumaran, J.1. The Maharashtra State Co-operative Cotton Growers' Marketing Federation Limited (hereinafter referred to as 'Cotton Federation'), has come up in appeal before the Bench of this Court, complaining about the decision of the Single Judge rendered on 18-12-1991, in Writ Petition No. 2749 of 90.2. The writ petition assailed the order passed by the Industrial Court on 14-9-1990, which upheld the plea of the Union about unfair labour practice in respect of the specified items as indicated therein.3. The facts leading to the appeal may be recounted.4. A benevolent legislation to relieve the toiling farmers in the black cotton soil of India, was made when the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971 was passed. It conferred on the State, governmental monopoly to deal in cotton. The Maharashtra State Co-operative Marketing Federation (hereinafter referred to as 'the Marketing Federation') was to be the sole agent of the State. Attractions of spe...
Shaikh Usman S/O Shaikh Burahan and ors. Vs. Shaikh BadruddIn S/O Shai ...
Court: Mumbai
Decided on: Mar-27-1992
Reported in: 1994(1)BomCR362
N.P. Chapalgaonker, J.1. Shaikh Badruddin, respondent No. 1 herein, had filed Regular Civil Suit No. 475 of 1987 in the Court of Civil Judge (S.D.), Jalna, for the recovery of possession of agricultural lands Block Nos. 24 and 25 situated at village Majarewadi, Taluka & District Jalna and for the mesne profits. It is the case of the plaintiff that he along with respondent No. 2 had purchased land Survey No. 6/2 admeasuring 14 Acres 7 Gunthas for consideration of Rs. 4,000/- from the previous owners Kachru, Sampat and Shankar. It is his further case that there was a partition between respondent Nos. 1 and 2 - purchasers and eastern half portion was allotted to respondent No.1/plaintiff, whereas western half portion was allotted to respondent No. 2 Imam. It is further contended that Survey No. 6/2 was divided and converted into Block Nos. 24 to 30 as per the proceedings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. After this consolidation, respond...
Palmira Vs. Cruz Fernandes
Court: Mumbai
Decided on: Mar-27-1992
Reported in: I(1993)DMC350
V.A. Mohta, J.Between the father and the mother to whom custody of minor child of tender age should be given is the usual but delicate question to be determined in this appeal.1. Cruz Fernandes, the respondent-husband, mas married to Palmira, the Appellant-wife on 2nd of February, 1986. They belong to Christian religion and were married as per Christian rites. Child Ian is the offspring of that marriage, born on 6th November, 1986. Marriage, unfortunately, was caught in rough weather. Even since 11th December 1990, the husband and wife are living separately.2. Palmira filed a petition Under Section 25 of the Guardian & Wards Act. 1890 (the Act) for custody of lan on 7th February 1991 before the Family Court, Bombay. By order dated 9th July, 1991, the Family Court granted to her only the access to the child but not the custody. She has appealed.3. Basic facts are :Palmira is a Commerce Graduate serving in Punjab National Bank, receiving pay packet of Rs. 3000/- per month after all deduc...
Central Bank of India Vs. Elmot Engineering Co. Pvt. Ltd. and Others. ...
Court: Mumbai
Decided on: Mar-26-1992
Reported in: 1992(3)BomCR309; [1994]81CompCas10(Bom); 1993(1)MhLj771
S.M. Jhunjhunuwala, J.1. The applicants have applied for leave under section 446 of the Companies Act, 1956, to continue to prosecute the Original Suit No. 7 of 1986 and Original Suit No. 507 of 1989 filed in the Court of the Additional Subordinate Judge, Ranga Reddy District at Saroor Nagar in Andhra Pradesh. 2. According to the applicants, the applicants are secured creditors of respondent No. 1 and the said Suit No. 7 of 1986 filed by the applicants is a mortgage suit and as secured creditors, the applicants are entitled to file proceedings in order to realise the mortgage debt and other securities created by respondent No. 1 in favour of the applicants. 3. The Premier Automobiles Ltd. had filed a winding-up petition against respondent No. 1, being the Company Petition No. 645 of 1988. By an order dated June 23, 1990, Respondent No. 1 was ordered to be wound up and an official liquidator has been appointed as liquidator of respondent No. 1 company. In view of the said order passed o...
Dena Bank Vs. Khatau Dyes and Fibres Ltd.
Court: Mumbai
Decided on: Mar-26-1992
Reported in: 1992(3)BomCR317; [1995]83CompCas632(Bom)
S.M. Jhunjhunuwala, J.1. This is a creditors' petition for winding up of Khatau Dyes and Fibres Ltd. (hereinafter referred to as 'the company') under section 439, read with sections 433(e) and 434 of the Companies Act 1956 (hereinafter referred to as 'the said Act'). 2. The company is wholly owned subsidiary of the Khatau Makanji Spinning and Weaving Co. Ltd. (hereinafter referred to as 'Khatau Mills'). The company has been incorporated and registered under the provisions of the said Act having authorised capital of Rs. 10,00,000 divided into 10,000 equity shares of Rs. 100 each and the issued subscribed and paid-up capital of Rs. 1,00,000 divided into 1,000 equity shares of Rs. 100 each with the object to carry on business as spinners and doubles of fibre substances, makers of bleaching, dyeing, printing and processing materials and of buying, selling, imparting and exporting yarn, cotton and other cotton staple fibre, yearn waste, silk, artificial silk, rayon, nylon, wool, jute and o...
Kamal Bhanudas Rajguru Vs. the State of Maharashtra
Court: Mumbai
Decided on: Mar-26-1992
Reported in: 1993CriLJ3410
Dudhat, J. 1. The appellant-original accused No. 1 in this case has preferred this appeal against the order of conviction and sentence dated 23-6-1987 passed by the learned Sessions Judge, Pune in Sessions Case No. 65 of 1987. 2. The accused in this case was charged under S. 302, IPC along with the accused No. 2 for commission of offence of murder. Both the aforesaid accused were also charged under S. 201 read with S. 34, IPC for causing disappearance of the body of the child after commission of offence of murder. The trial court acquitted accused No. 2 and convicted accused No. 1 under S. 302, IPC for the said offence i.e. murder of her own child aged about 8 days and sentenced her to suffer RI for life. The trial court also convicted the accused No. 1 under S. 201, IPC and sentenced her to suffer RI for one year. The trial Court ordered that both these sentences to run concurrently. Against the aforesaid conviction and sentence the present appellant preferred the present appeal. 3. M...
Manager, Umashankar Agarwal Vs. Regional Labour Commissioner (Central) ...
Court: Mumbai
Decided on: Mar-26-1992
Reported in: 1993(1)BomCR76; (1993)IIILLJ519Bom
K.Sukumaran, J. 1. Mines and mine workers have drawn the attention of the Courts from very early times. Many used to go down, down into mystifying depths, and pick up the black gold for keeping copy those on surface. They, in return, had only blood, sweat and tears. Conditions have improved much, after the early days. Some have even formed a feeling that the pendulum has swung to the other side. (So felt Lord Denning.) The workers, it is complained, have started demanding unwieldy wages. These aspects need not tarry us long, as the short question in the case is regarding the claim of minimum wages of the 134 workers employed in the Bhandarbodi Mines. 2. The minimum wages the workers demanded was not that high. It works out to a ridiculously low figure, viewed from current times. It was not much even earlier, Rs. 5.80 as fixed by the notification of May 25, 1978. (Somewhere near a quarter of a dollar). Actually they were paid only Rs. 3.50, about a seventh of a dollar. Not even sufficie...
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