Mumbai Court August 1992 Judgments
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Fatmabi Sheikh Bhikan Alias Sunabi Vs. Commissioner of Police, Pune an ...
Court: Mumbai
Decided on: Aug-17-1992
Reported in: 1993(1)BomCR43; (1992)94BOMLR348
M.F. Saldanha, J.1.Would a detention order be vitiated if, in the grounds of detention, the concerned authority communicates to the detenu that he has a right to represent against the order but fails to specify the authority to whom such representations are required to be addressed Would such a lacuna be fatal to the detention order on the ground that it frustrates the detenu's right to represent against the order of detention in so far as it has not been indicated to him as to who is the officer concerned to whom he should apply for redressal This, in essence, is the issue canvassed in this petition where it is pleaded that the prejudice to the detenu in such circumstances is manifest and that the order is necessarily vitiated. The right to make an effective representation has to be construed meaningfully and realistically and is not to be regarded as being illusory or to be taken lightly. 2. The petitioner before us is the mother of one Gulam Jilani Bhikan Shaikh (detenue) and she ha...
Jitendra Narottamdas Sheth and Others Vs. Indradeep Co-operative Housi ...
Court: Mumbai
Decided on: Aug-14-1992
Reported in: AIR1993Bom302; 1993(1)BomCR399; (1992)94BOMLR416
ORDERPendse, J. 1. Indradeep Co-operative Housing Society, a Society registered under the Co-operative Societies Act instituted Suit No. 5968 of 1968 in the Bombay City Civil Court at Bombay against defendant No. 1Narottamdas Mansukhlal Sheth and 18 other defendants. Consent terms were arrived at between the plaintiff and defendant No. 1 and decree in accordance with the consent terms was passed by City Civil Court on March 31, 1971. Clause 12 of the Consent Terms, inter-alia, provided that defendant No. 1 Narottamdas shall pay to the plaintiff a sum of Rs. 50,000/- with interest thereon at the rate of 12% per annum within two years from the date of the decree and in two instalments. The decree further provided that in case of default the plaintiff shall be entitled to execute the decree forthwith and recover the amount. It is not in dispute that defendant No. 1 Narottamdas failed to make any payment to the plaintiff in accordance with consent decree. 2. The plaintiff Society instead o...
Naresh Aggarwal Vs. Union of India
Court: Mumbai
Decided on: Aug-14-1992
Reported in: 1993(1)BomCR393; 1993LC107(Bombay); 1993(63)ELT204(Bom)
Dr. B.P. Saraf, J. . The question that arises for the determination in this batch of writ petition is whether the fabric imported by the petitioners fall within the category of goods described as 'artificial fur cloth' which is the relevant item permissible for import against REP licence under para 5 of Appendix 17 read with serial D. 2.2(f)(vi) of the Import and Export Policy for April 1985 - March 1988. 2. The material facts relevant for determination of the controversy being identical in all these petitions, the facts of one of the writ petitions viz., Writ Petition No. 904 of 1987 are being briefly stated. 3. The petitioner imported certain fabrics which were described as 'artificial fur cloth'. This import was made under the provisions of Appendix 17 of the Import and Export Policy, April 1985 - March 1988 on the strength of a REP licence transferred in his favour by the original licensee. The petitioner filed bills of entries with the respondents for clearance of these goods. The...
Rambhau Vs. Maharashtra State Road Transport Corporation
Court: Mumbai
Decided on: Aug-14-1992
Reported in: (1992)IILLJ872Bom
1. The petitioner, Rambhau Vyankuji Khorgade, challenges the Award dated April 23, 1991 of the Third Labour Court, Nagpur whereunder his demand to set aside the order of termination dated April 10, 1980 was rejected holding that the charges of misconduct levelled against him stand proved. 2. By a charge-sheet dated April 11, 1978 it was alleged against the petitioner that he misappropriated a sum of Rs. 2,300/-. In the context of the allegations made, the petitioner requested for supply of relevant documents like way-bills and way-bill-extracts which would facilitate the filing of the reply to the charges. The documents asked for were not supplied. The enquiry proceeded further and as a consequence thereof, the petitioner was dismissed from service with effect from April 10, 1980. 3. The petitioner thereafter raised a dispute which ultimately matured into a reference. Based on the pleadings and the evidence adduced by the parties, the learned Judge below found that the enquiry held aga...
Employees State Insurance Corporation Vs. Abu Marble Mining Private Li ...
Court: Mumbai
Decided on: Aug-14-1992
Reported in: 1992(3)BomCR616
A.V. Sawant, J.1. This appeal raises an important question of law as to the interpretation of the provisions of the Employees' State Insurance Act, 1948 (in short 'the said Act'). In particular the question raised is as to the interpretation of the provisions of section 2(9) of the said Act defining the term 'employee'. By the impugned judgment dated 30th July, 1977, the application filed by the respondent-Company has been allowed and it has been declared that the claim made by the appellant-corporation in its letter dated 26th November 1975 was improper and illegal. A few facts may be stated as under :2. Admittedly the respondent-Company, viz., Messrs. Abu Marble Mining Private Limited, is a Company registered under the Indian Companies Act, 1956 and is dealing in marble and for that purpose, has established a factory at Motibag, Chembur, Bombay. It is not disputed that the employees at the said factory are covered by the said Employees' State Insurance Act. The respondent-Company rec...
Ganesh S/O Madhavrao Jadhav Vs. the Maharashtra State Board of Seconda ...
Court: Mumbai
Decided on: Aug-14-1992
Reported in: 1994(2)BomCR10; (1992)94BOMLR603
B.N. Deshmukh, J.1. Rule returnable forthwith.2. This petition is filed by advocate Shri G.M. Jadhav, appearing as petitioner-in-person, by way of public interest litigation under Article 226 of the Constitution of India.3. The petitioner has sought the relief by way of directions to the authorities of the Government to make provisions for the supply of textbooks free of cost to the children from all categories upto 14 years of age taking education in all the recognised/approved Primary Schools upto the VII standard, forthwith from this year and for every year thereafter. For that purpose, directions are also sought to quash the rise in prices effected for the textbooks for the year 1992-93 onwards for I to VII standards primary schools classes.4. In the petition, the table of last year's prices and current year's prices with difference is given. According to the petitioner, the prices of all the books have been increased considerably. For the I standard, the price of books was Rs. 13/...
Rajesh Anantram Thakur Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-12-1992
Reported in: 1992(3)BomCR696; (1992)94BOMLR459; 1993CriLJ208; 1992(2)MhLj1425
1. When the appeal was placed for admission before me, I found it necessary to call for the record and proceeding and after perusing the same I am of the view that the appeal can be disposed of at this stage itself and need not be kept pending for years. Accordingly I have admitted the appeal. The learned prosecutor waived notice and by consent the appeal was taken on board and is finally heard. The appellant is also present. 2. This appeal is directed against the judgment and order passed by the learned 8th Additional Sessions Judge, Thane on 29th June, 1992 convicting the appellant for the offence punishable under S. 304, Part-II of the Indian Penal Code for which he has been sentenced to suffer rigorous imprisonment for five years. 3. The incident occurred in somewhat unfortunate circumstances. The appellant is a student and is presently reading for M. Com. examination. At the time of the incident he was a school going boy. Deceased Jaswant Singh Jogendra Singh Ramgadish as well as ...
Union of India and Others Vs. Super Processors
Court: Mumbai
Decided on: Aug-12-1992
Reported in: (1993)IILLJ203Bom
Mrs. Sujata Manohar, J 1. This appeal and the writ petitions which are listed in Annexure-A are placed together before us for hearing. The appeal and the writ petitions raise common issues regarding the applicability of the provisions of Section 14-B of the Employees' Provident funds Miscellaneous Provisions Act, 1952 (hereinafter referred to as the said Act) and the validity and applicability of the guidelines which have been issued under it from time to time by the Central Government and/or the Central Board of Trustees. 2. For the sake of convenience we are setting out the facts in Appeal No. 45 of 1992 which are similar to facts in other writ petitions. The respondents in the appeal are hereinafter referred to as the petitioners while the appellants are hereinafter referred to as the respondents (as in the original writ petition in which this appeal is filed). The petitioners filed Writ Petition No. 150 of 1986 challenging an order dated March 15, 1985 passed by the Regional Provid...
Sadhana Deepak Naik Vs. Deepak Laxman Naik
Court: Mumbai
Decided on: Aug-12-1992
Reported in: (1992)94BOMLR538; I(1993)DMC112
S.G. Mutalik, J.1. Rule. Taken on the Board for Goal hearing with consent of the parties. The present applicant is the respondent in HMP No. 77 of 1991 filed by the non-applicant and it is pending in the Court of Civil Judge, Senior Division, Buldhana. The non-applicant has asked for divorce against the applicant on (he ground of cruelly-physical and mental as well as desertion. In Hindu Marriage Petition No. 77/1991, it is contended that the applicant is residing at Pathak Galli, Amalner, District Jalgaon. 2. After service of the notice, the applicant filed (be application Under Section 24 of the Hindu Marriage Act (for short 'the H.M. Act') for alimony pendente lite and cost of the litigation. The trial Judge by his order dated 4-9-1991 awarded the amount of maintenance at the rate of Rs. 150/- p.m. from the date of the application ie. 5-8-1991. On 28-1-1992 , the non-applicant deposited an amount of Rs. 750/- p.m. in the Court. However, thereafter, be failed to deposit the amount. I...
Deo Bhargavaram Pedhe Parsharam, Through the Court Receiver Vs. Rajara ...
Court: Mumbai
Decided on: Aug-12-1992
Reported in: (1992)94BOMLR482
A.V. Sawant, J.1. These two matters, the First Appeal and the Writ Petition, can be disposed of together by this common judgment. In First Appeal No. 470 of 1977 the question relates to the apportionment of the compensation under the Land Acquisition Act and hence, a reference under Section 30 of the Land Acquisition Act was made. The appellant Deosthan is a registered Public Trust viz. Deo Bhargavaram Pedhe Parsharam, which was claimant No. 1 before the learned Civil Judge, Chiplun, and claims to be the owner of the properties acquired under the award, dated 31st July, 1975. Claimants Nos. 2, 6, 7 and 8 also claim title to the said lands situate at village Pedhe Parsharam. The details of the lands and the compensation determined has been mentioned in Para 8 of the impugned Judgment, dated 31.1.1977. Under the said Judgment, it has been held that original Claimant Nos. 2, 3, 4, 5, 6, 7 and 8 were entitled to receive Rs. 646.87, Rs. 327.73, Rs. 24.15, Rs. 36.25, Rs. 2555.55, Rs. 271.22 ...
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