Mumbai Court July 1992 Judgments
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Mrs. Pramodini Patkar Vs. Indian Cancer Society and anr.
Court: Mumbai
Decided on: Jul-08-1992
Reported in: [1992(65)FLR394]; (1993)ILLJ97Bom
1. This writ petition under Article 227 of the Constitution arises from an award made by the learned Labour Judge presiding over the Ninth Labour Court, Bombay, on June 15, 1982, in Reference (IDA) No. 148 of 1979. 2. The petitioner was employed by the first respondent as a temporary part-time teacher in handicrafts. She was subsequently confirmed and was made full-time teacher in the Rehabilitation Department of the first respondent effective from January 1, 1969. It appears that the petitioner's pay was reduced to Rs. 181 from Rs. 200 per month for which the petitioner protested. Her services were thereafter terminated with effect from May 30, 1979, under Rule 22(1) of the Indian Cancer Societies Rules and she was offered an amount of Rs. 3,723.30 with notice pay and leave wages. The petitioner raised an industrial dispute with regard to her dismissal and ultimately the Government made a reference to the Labour Court under Section 10 read with Section 12 of the Industrial Disputes Ac...
Abde Ali Turab Ali Vs. Haji Abdul Jalil and ors.
Court: Mumbai
Decided on: Jul-08-1992
Reported in: (1992)94BOMLR409
H.W. Dhabe, J.1. The applicant who is the plaintiff has challenged the judgment of the learned IInd Additional Judge, Small Causes Court, Nagpur, who has dismissed the claim of the applicant-plaintiff for possession of the suit property.2. The facts are that the applicant-plaintiff is the owner of the suit property which was given on lease to one Haji Chhotemiya. The applicant-plaintiff filed an application under Clauses 13(3)(v) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (for short the Rent Control Order) seeking permission of the Rent Controller to give quit notice to the aforesaid tenant in respect of the suit property. The learned Rent Controller granted him permission on 11.10.1976. The order of the learned Rent Controller was challenged in appeal before the learned Rent Control Appellate Authority which maintained the permission granted to the applicant-plaintiff. During the pendency of the said appeal the above tenant had died and his legal rep...
Rashtriya Chemicals and Fertilizers Limited Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Jul-07-1992
Reported in: AIR1993Bom144
ORDER1. This writ petition discloses a legal fight between a Central Government Company and the State of Maharashtra. The controversy is about the demand of the State Government for cess, for the 'Mathi' (Earth) dug up by the Company from the land leased to it.2. The controversy had been discussed and decided upon by three orders, both (sic) adverse, to the company. The company has come to the Court.3. The grant of the land admeasuring 72.02.66 hectares is evidenced by Exhibit 'A' dated 5-9-1979. Occupancy price was to be paid for to the State Government. The conditions of use and utilisation of the land had been specifically provided for. Clause (vii) is particularly important. It reads :'the grant is subject to the reservation of the right of Government to all mines and mineral products and quarries in the land and the Government shall have full liberty to access for the purpose of working quarries and searching for the same with all reasonable convenience, as provided by the Maharas...
Miss Prabha Kalyandeo Verma Vs. the Nagpur University and Others
Court: Mumbai
Decided on: Jul-07-1992
Reported in: AIR1993Bom147; 1993(1)BomCR81; (1992)94BOMLR519; 1992(2)MhLj1345
ORDERSaldanha, J. 1. The petitioner, a young talented lady student, assails theaction of the Nagpur University in having denied her admission to the One Year Master of Library and Information Science Course for 1991-92 session. According! to the Prospectus, the eligibility criteria is as follows :-- 'Diploma/Degree in Library (and Information) Science Course of the Nagpur University or any other recognised Indian University.'Admittedly, the petitioner possessed a B.Sc. degree from Nagpur University having secured 59.21% marks. She secured degree of Bachelor of Library and Information Science from the Nagpur. University in the first attempt and stood 3rd in the order of merit. The petitioner applied for admission to the Master's course and was denied admission by the University as there were only four seats available in the open merit category. The first three students who were admitted had obtained 68.63% and 67.26% and 67.15% marks respectively. The students at serial Nos. 4 and 5 had...
Smt. ChristalIn Costa and Others Vs. State of Goa and Others
Court: Mumbai
Decided on: Jul-07-1992
Reported in: 1993(1)BomCR688; 1992CriLJ3608; 1993(2)MhLj1409
ORDER1. The petitioners have filed this application under Art. 227 of the Constitution challenging the institution of two Chapter Cases against them by the Sub-Divisional Magistrate, Panaji, at the instance of the Panaji Police Station wherein the petitioners were directed by the respondent No. 4 to execute bonds for keeping peace and good conduct under S. 107 of Cr.P.C. It appears that the proceedings were initiated by the police against the petitioners on a complaint lodged by the respondents Nos. 2 and 3 at Panaji Police Station. The petitioners and respondents Nos. 2 and 3 are neighbours and are living in Altinho, Panaji. However their relations are quite strained and there are constant quarrels on account of which police complaints and counter complaints have been lodged by both the parties. For the purpose of this petition the first complaint which is relevant is the one filed on 5-6-91 pursuant to which Chapter Case No. 112/91 was initiated by the Panaji Police Station. Accordin...
Narendra Amritlal Luhar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-07-1992
Reported in: 1992(62)ELT297(Bom)
1. While acquitting the appellant for the offence under Section 135 of the Customs Act, the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay by his judgment and order passed in Case No. 31/CW-1981 dated 29-3-1982 convicted the appellant for offence punishable under Section 5 of the Imports & Exports (Control) Act and sentenced him to suffer R.I. for six months and to pay a fine of Rs. 7500/-, in default to undergo R.I. for four months. The appellant has challenged his aforesaid conviction in this appeal. 2. This appeal was originally filed before the Sessions Court, Greater Bombay and was numbered as Criminal Appeal No. 187 of 82 in that Court. The appeal was admitted in that Court on 22-4-1982 and was pending. However, on 27-7-1982 the respondent - State filed Criminal Appeal No. 505 of 82 in this Court against the acquittal of the present appellant for the offence under Section 135 of the Customs Act by the very same judgment and order which are impugned...
National Textile Corporation (Mah. North) Ltd. Vs. Gurunath Vithal Tam ...
Court: Mumbai
Decided on: Jul-07-1992
Reported in: 1993(1)BomCR305; (1993)IILLJ176Bom
1. As both the petitions arise from the judgment and order dated July 9, 1984 passed by the learned Member of the Industrial Court, Bombay in Appeal (IC) No. 144 of 1983, they are heard together and are being disposed of by this common judgment. For the sake of convenience, the facts shall be taken from Writ Petition No. 4898 of 1984. 2. The petitioner (in Writ Petition No. 4898 of 1984) is a Government Company registered under the Companies Act, 1956. It is a subsidiary of another Government Company known as National Textile Corporation Limited and India United Mills, Dye Works, a sick textile undertaking which was formerly owned by a Company known as India United Mills Ltd., which became vested in the National Textile Corporation Limited, the ownership of which was subsequently transferred to the petitioner under Section 6(3) of the Sick Textile Undertakings (Nationalisation) Act, 1974. The petitioner shall hereinafter be referred to as 'the N.T.C.' and the India United Mills Ltd., s...
Super Tiles Works and ors. Vs. Additional District Magistrate and ors.
Court: Mumbai
Decided on: Jul-07-1992
Reported in: 1992(3)BomCR730
H.D. Patel, J.1. The petitioner No. 1 M/s. Super Tiles Works is a partnership firm duly registered under the Indian Partnership Act and the petitioner Nos. 2 to 7 are its partners. Likewise the petitioner No. 8 Vikas Industries is also a partnership firm registered under the Indian Partnership Act and the petitioner Nos. 9 & 10 are its partners. Both the firms are doing independent business. The petitioner No. 1 is carrying on the business of manufacturing tiles whereas the petitioner No. 8 has a fabrication unit. The business is carried on by either of the two units on Plot No. 31, situated in Timber Market, Great Nag Road, Nagpur. The said plot admeasuring 12471 sq. ft. is owned by respondent Nos. 2 to 6.2. The aforesaid property was given on licence to the petitioner No. 1 M/s. Super Tiles Works under a deed dated 8-1-1963. The licence records payment of Rs. 400/- per month as licence fee. As per terms in the licence-deed, the licence commenced from 16-11-1962. The licence was speci...
State of Maharashtra Vs. Narendra Amritlal Luhar
Court: Mumbai
Decided on: Jul-07-1992
Reported in: 1992(43)LC351(Bombay)
M.G. Chaudhari, J.1. This appeal is filed by the State against the order of acquittal of the respondent of the offences under Sections 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act passed by the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay dated 29.3.1982. It may be mentioned that by the very same order the respondent was convicted under Section 5 of the Imports & Exports (Control) Act and was sentenced for that offence. That part of the order is the subject matter of companion appeal No. 964 of 1984 and that shall be dealt with separately.2. Briefly stated the prosecution case was as under:The respondent Narendra Amritlal Luhar arrived at Santacruz Airport, Bombay from Dubai by a plane under Indian passport on 11.12.1979. He came through the red channel of the Customs. Gaikwad (P.W. 1) was the Preventive Officer on duty at the said channel. According to the prosecution although the respondent declared some of the articles brought by him with him an...
State of Maharashtra and ors. Vs. Nirlon Synthetic Fibres and Chemical ...
Court: Mumbai
Decided on: Jul-07-1992
Reported in: (1992)94BOMLR526
M.L. Pendse, J.1. This is an appeal preferred by the State of Maharashtra to challenge judgment dated June 29, 1989 delivered by the learned Single Judge in Writ Petition No. 2526 of 1982. By the impugned order, the learned Judge set aside the order passed by the Appellate Authority on October 7, 1982 and directed the Government to redetermine the blocks in which the lands covered by the respondent Company are situated and to refix the standard rates of non-agricultural assessment thereof. The learned Judge further directed that the exercise should be carried out by strictly abiding to the requirements of the Maharashtra Land Revenue Code and the Conversion Rules and the Government shall afford to the Company the opportunity of raising objections against the proposed blocks and standard rates of the non-agricultural assessment. The learned Judge also gave certain other directions.The Government is aggrieved by two directions of the learned Judge. The first is that while forming blocks ...
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