Mumbai Court August 1993 Judgments
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Johnson and Johnson Employees' Union Vs. Principal Secretary, Ministry ...
Court: Mumbai
Decided on: Aug-11-1993
Reported in: 1994(1)BomCR555; (1994)IILLJ170Bom; 1994(1)MhLj802
N.P. Chapalgaonkar, J. 1. Heard Shri Prabhakaran for the petitioner, Mrs. A. S. Rasal, Assistant Government Pleader for Respondents Nos. 1 and 3 and Shri A. H. Joshi for the Respondent No. 4. 2. Petitioner Union has challenged a Notification dated 19th July, 1993, issued by the State of Maharashtra declaring service in the Respondent No. 4 Company as Public Utility Service for the purposes of the Industrial Disputes Act, 1947, for a period of six months commencing from that day. It has not been disputed before me that production of catgut is an industry which can be declared to be a public utility service. The order is challenged on the ground that the action is mala fide in as much as it was made to prevent the workers of the Respondent No. 4 Company from going or continuing strike and there is non-application of mind exhibited from the fact that another Unit of the same company at Bombay producing catgut has not been brought within the purview of the said Notification. The third grou...
Sardar Khan Vs. Assistant Security Commissioner R.P.F. and ors.
Court: Mumbai
Decided on: Aug-11-1993
Reported in: 1994(3)BomCR107; (1994)IILLJ163Bom
Naik, J.1. A short question that arises in this petition is whether the petitioner will be treated to be in continuous service between July 10, 1969 to September 2, 1969 for the purpose of pensionery benefits. The petitioner was Ex-Railway Protection Force Rakshak with Badge No. 263. He joined the Railway Protection Force as Rakshak on June 22, 1945. He had, throughout, unblemished record of service. His son, who was hardly 18 years of age, expired on December 8, 1968, which affected his wife's health and this, in turn, caused mental tension and shock to the petitioner and under these circumstances, without realising the consequences, the petitioner tendered his resignation to Respondent No. 1 on June 10, 1969. It is important to note that when he tendered this resignation, petitioner had already completed more than 24 years of service. This resignation was accepted by the Respondent No. 1 on July 9, 1969 with effect from July 10, 1969 and the letter of acceptance of the resignation cl...
Dinyar Behramji Irani Vs. Kshirsagar Construction Co. Pvt. Ltd.
Court: Mumbai
Decided on: Aug-11-1993
Reported in: 1994(3)BomCR264; (1994)96BOMLR271
M.G. Chaudhari, J.1. Heard at length.The learned Judge of the City Civil Court, Bombay, has by the impugned order dated 6th July, 1993 directed the plaint to be returned to the appellant - plaintiff after holding that the City Civil Court has no jurisdiction to entertain, try and decide the suit. Feeling aggrieved with that order, the appellant - plaintiff has preferred this appeal. (The appellant is hereafter referred to as the plaintiff and the respondents are referred to as the defendant).2. The learned trial Judge was right in following the principle that the allegations made in the plaint decide the forum to entertain and try the suit. See Abdulla v. Galappa & others, : AIR1985SC577 . It is also laid down in this ruling that the jurisdiction does not depend upon the defence taken by the defendants in the written statement. The learned trial Judge has also rightly decided the issue as a preliminary issue under section 9-A of the Code of Civil Procedure.3. A reading of paragraphs 1,...
The State of Maharashtra Vs. Jagannath Atmaram Patil
Court: Mumbai
Decided on: Aug-11-1993
Reported in: 1994(3)BomCR218
M.F. Saldanha, J. 1. The facts of this case are both gory and gruesome. A six year old girl belonging to village Dhavde appears to have been given in marriage by her parents in a typical child marriage ceremony about a year prior to the incident at which time silver anklets and wristlets were made for her apart from two golden ear rings. These items of jewellery were valued approximately at Rs. 2400/- which is princely amount having regard to the fact that the village itself is a little hamlet situated in a remote and relatively backward area. On the night of 3.5.1990 the girl Jijabai who was then aged about six years and who was sleeping on the ota alongwith other members of the family, disappeared and efforts made by the members of the house hold to locate her were fruitless. Around sun-rise P.W. 4 Sumanbai Patil who is a neighbour informed the girl's father that her mutilated body was lying in a field close-by. On rushing there, the family members came up on a horrifying sight of Je...
Rico Gems Corporation Vs. Bombay Port Trust
Court: Mumbai
Decided on: Aug-10-1993
Reported in: 1994(2)BomCR544; (1994)96BOMLR486; 1993LC582(Bombay); 1993(68)ELT562(Bom)
ORDER1. The petitioners in this case are aggrieved by the orders of the Port Trust Authorities refusing to grant remission of demurrage charges. The facts are very brief. The petitioners imported certain goods. The release of the same took some time due to customs formalities. A detention the certificate was issued by the Assistant Collector of Customs, Appraising Group II-B, which is Exhibit-A to the petition, for a period from 7-11-1988 to 28-11-1988. The petitioners submitted the same to the Port Trust Authorities with a request to refund the amount already deposited by them,. The request was turned down by the Deputy Docks Manager (Refunds) by his order dated 13th June 1989. The ground for rejection was that the request for waiver on the strength to the Deputy Docks Manager Refunds who by his order dated 10th August 1989 upheld the rejection of the claim of the petitioners. The operative portion of the above order is as follows : 'It is observed from the Public Notice dated 29-7-19...
Godfrey Phillips India Ltd Vs. the Municipal Corporation of Gr. Bom. a ...
Court: Mumbai
Decided on: Aug-10-1993
Reported in: 1994(1)BomCR292
B.P. Saraf, J.1. The dispute in this case relates to interpretation of Entries 50 and 52 of Schedule H to the Bombay Municipal Corporation Act (the Act). The petitioners carry on the business of manufacturing cigarettes and for that purpose they have a factory at Andheri, Bombay. Some time in December, 1987, the petitioners purchased a machine called 'Shell and Slide Machine' from M/s. Molins of India Ltd. which is used for packing cigarettes. The machine was supplied with several standard features. One of the standard features supplied with the machine was a Slide Miss Detector Electronic Memory Unit. The cost of the machine itself was Rs. 2,46,09,900/-. The standard features that come with the machine cost approximately Rs. 2,69,000/-. The cost of the 'Slide Miss Detector Electronic Memory Unit' was approximately Rs. 10,000/-. The machine arrived the octroi check post of Bombay Mulund Octroi Naka on 6th January, 1987. The petitioners' clearing agents filed an import octroi bill class...
Sindhu Education Society and ors. Vs. Kacharu Jairam Khobragade and or ...
Court: Mumbai
Decided on: Aug-06-1993
Reported in: (1995)ILLJ451Bom; 1994Mh.L.J.524
V.S. Sirpurkar, J.1. This is a petition challenging two orders one by the Labour Court and the other by the industrial Court, Nagpur, directing the reinstatement of respondent No. 2 into the school run by the petitioner-society. 2. Shortly stated the facts are as under :- The petitioner is a Society and runs a school in an area known as Jaripatka. This is a co-educational school where 40% of the students are girl-students. There are also the lady-teacher in the school. The School has earned a name in the educational circle, inasmuch as invariably every year the students of this school find their names in the merits-list. there has also been a example where the girl-students of this school have topped in the Board Examinations in whole State of Maharashtra. Respondent No. 1 was working with this school as a watchman, having joined his service on 1.8.1978. It was his duty to attend the school and also keep a watch at night on the school buildings so that it remains safe. While working as...
Official Liquidator, High Court, Bombay Vs. Taru Jethamal Lalvani and ...
Court: Mumbai
Decided on: Aug-05-1993
Reported in: 1994(2)BomCR673; (1994)96BOMLR473; [1997]88CompCas834(Bom)
Smt. Sujata Manohar, J. 1. This is an appeal from an order of a learned single judge dated September 8, 1988, dismissing misfeasance summons taken out by the official liquidator of Jai Hind Estate and Housing Co. Ltd. (in liquidation) against 16 persons who are directors and/or officers and/or auditors of the company. The learned judge has dismissed the misfeasance summons on the ground that the official liquidator had failed to give inspection of various documents referred to and relied upon by him in the misfeasance summons to respondent No. 15 although inspection was asked for from the year 1982 onwards. The present appeal is from that order of the learned single judge. 2. In order to decide whether we should restore the misfeasance summons so dismissed by the learned single judge, we have to take into account the totality of circumstances relating to the misfeasance summons. The company was ordered to be wound up by an order dated June 23, 1976. The official liquidator took out the...
Niranjan Ishwarlal Joshi and Another Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-05-1993
Reported in: 1994CriLJ300
ORDER1. This appeal which has been preferred by the original accused Nos. 1 and 2 and is directed against their conviction for offences under the Narcotic Drugs and Psychotropic Substances Act raises certain features that require not only observations but a few directions which we propose to set out during the course of the judgment. Having regard to the seriousness of the offences that are the subject matter of the prosecution under the N.D.P.S. Act and more importantly, to the grave consequences that flow from convictions under that Act we do consider that utmost diligence be displayed at all stages of the investigation and that this degree of care should manifest itself even in the conduct of the prosecution. While the law requires that the evidence to pass the rigorous test of absolute scrutiny before a serious charge of the present type can be established, it is imperative that due steps be taken to ensure that these prosecutions do not unnecessarily fail or go-by default resultin...
Bhasjaran C.N. Vs. Central Provident Fund Commissioner and ors.
Court: Mumbai
Decided on: Aug-05-1993
Reported in: (1999)IIILLJ148Bom
S.H. Kapadia, J.1. By this writ petition under Article 226 of Constitution, the petitioner, employee of Respondent No. 7 Company, inter alia, prays for a writ of mandamus directing the Provident Fund Commissioner to initiate proceedings on the basis of the complaint filed by some of the employees of the Company under Section 7 of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.2. According to the said employee, the Company has resorted to discriminatory coverage in the matter of Provident Funds and Family Pension Funds and the failure of Respondent Nos. 1 to 6 to enforce uniform coverage has resulted in his making various complaints to the Regional Provident Fund Commissioner (RPFC). The petitioner has also filed this petition in his capacity as a Trustee of Gannon Dunkerlay and Co. Ltd. Employees' Provident Fund Trust and as a General Secretary of the Gannon Dunkerlay Employees' Union. According to the petitioner, the said company has diversified business. The said c...
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